Justice Department to probe police shooting

By Paula Horton, Herald staff writer

KENNEWICK -- An investigation into the fatal shooting last month of a Richland man by a Kennewick police officer is being taken over by the U.S. Department of Justice.

The Benton County Sheriff's Office was initially called to investigate whether Kennewick police Officer Lee Cooper was justified in shooting Christopher Villarreal, 39, on Sept. 14.

Not all test results are in, but a preliminary factual summary of the investigation was presented to the prosecutor's office and also provided to the FBI, according to a news release issued Monday by Sheriff Larry Taylor and Prosecutor Andy Miller.

The FBI reviewed the preliminary information and said it would start its own investigation into the shooting, the release said.

The Department of Justice has concurrent jurisdiction with local officials over officer-involved shootings and officials said it is common for the DOJ to conduct its own investigation.

An investigation by the DOJ does not mean there has been any preliminary finding that the shooting was justified or not, they said.

Assistant U.S. Attorney Tom Rice, spokesman for the U.S. Attorney's Office for the Eastern District of Washington, said the DOJ is responsible for enforcing civil rights laws. While he couldn't discuss specifics of this case, he said civil rights issues can be raised in officer-involved shooting where there are claims of excessive use of force.

Villarreal's family is considering filing a lawsuit against the city of Kennewick and has hired Kennewick attorney Norma Rodriguez to represent them.

Rodriguez said the family's first objective is to clear Villarreal's name, but they want to have a completed investigation before they decide whether to sue the city.

"The investigation we're doing strongly supports that charging decisions should be made in favor of charging," Rodriguez said.

She added, however, the decision on filing charges in the shooting won't affect the family's decision on filing a lawsuit against the city.

She also said Villarreal's family "was quite pleased that the Department of Justice is stepping in."

"One of the comments made is that they felt the Department of Justice will be more impartial in making a decision," Rodriguez said. "Of course, they have more resources (to conduct an investigation) than what we have here in our county."

Rodriguez said it's been difficult for her investigators to get statements from witnesses because they don't want to talk anymore. Many have said they've told their story too many times, but she hopes the DOJ's investigators will be able to get those statements.

"Unfortunately, it's going to take several months for them to do their investigation," she said. "That's a little disheartening that we have to wait longer."

Villarreal was shot multiple times by Officer Cooper after Villarreal allegedly tried to ram his car backward into Cooper's motorcycle.

Villarreal earlier had been reported to have been driving erratically on Highway 240 and Kennewick Avenue before officers caught up with him at Kennewick Avenue and Washington Street in the old downtown area.

After Villarreal pulled into a parking lot, Cooper pulled up behind him.

Officers said that's when Villarreal tried to ram Cooper's motorcycle, prompting Cooper to shoot at him.

Some witnesses at the scene, however, said they saw Villarreal's car appear to roll slowly backward toward the motorcycle officer.

Cooper and Detective Brian Pochert, who witnesses say also had his gun drawn during the incident, were both placed on paid administrative leave until the shooting review is complete. Preliminary information shows Cooper is the only officer who fired shots, officials said.

-- Paula Horton: 582-1556; phorton@tricityherald.com

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Tuesday, Oct. 06, 2009

Justice Department to probe police shooting

By Paula Horton, Herald staff writer