He slashed the Kennewick officer’s head. Prosecutor says what happened next was justified

A pair of Kennewick police officers were justified in using lethal force against a man who attacked and seriously wounded an officer with a sword-like skewer.

“This is a sad case with a tragic result,” said Benton County Prosecutor Andy Miller.

Miller released results Monday of a months-long review of the officer-involved shooting death of Hussein Dahir Hassan, 46, in an Aug. 13 incident at 10th Avenue and Olympia Street.

The Kennewick Police Department also released results of its internal review, which concluded the officers acted correctly.

“(T)he use of lethal force by Officer Kuhn and Officer Kiel was reasonable under the circumstances,” said Kennewick Police Chief Ken Hohenberg.

Officers Jason Kiel and Joshua Kuhn returned to full duty some time ago. Kiel was promoted Monday to sergeant after testing for the position before the shooting.

Hassan died at Trios Hospital after being hit by 10 of 12 shots fired by Kiel and Kuhn, who were among the first officers to respond to reports of an angry man carrying a sword concealed in a newspaper.

“Both officers’ use of deadly force was clearly justifiable ... and potentially saved Officer Kiel’s life,” Miller wrote.

The Special Investigations Unit inquiry, led by Franklin County Undersheriff Dan McCary, interviewed both officers, as well as additional officers from Kennewick and Richland, 13 witnesses in vehicles, more than a dozen people who heard the shooting or saw the scene afterward, nine paramedics, one of the victim’s sons and people who knew Hassan.

Physical evidence was mapped by the Washington State Patrol. Investigators also reviewed video of the intersection.

Miller said that the officers’ accounts were consistent with other witness statements, physical evidence and video.

According to the SIU report, the incident began with a 911 call at 6:37 p.m. about an angry man walking toward the intersection.

Kiel, who had just come on duty, was dispatched from the Kennewick Police Department. Officers Tim Harris and Tyler McMullen were following in another car but lost sight of Kiel’s patrol car in traffic.

The report said Kuhn arrived in a separate vehicle about the same time as Kiel.

Kiel stopped in the intersection and was getting out of his car when Hassan charged him, carrying what was later determined to be 23-inch Brazilian barbecue skewer, the report said.

Kiel tried to take cover behind the car, but Hassan followed and repeatedly struck him in the head with the skewer. Kiel suffered two cuts, deep enough to expose his skull.

One nearly 3-inch gash required sutures and six staples to close. The other cut, 2 inches long, also took six staples.

According to Miller, Kiel felt that the attacker was trying to “chop his head off” and believed Hassan intended to kill him.

Kiel blocked the blows with one hand reached for his pistol with the other. He fired five shots.

In the meantime, Kuhn had stopped his patrol car and saw Hassan attack. When Kiel moved out of the line of fire, Kuhn shot seven times.

The officers and witnesses said the attack took seconds. Paramedics gave Hassan CPR in the ambulance en route to Trios but were unable to revive him.

An Aug. 16 autopsy showed he was shot 10 times, with bullets striking his heart and other organs.

Miller said there is no way to know what motivated Hassan’s attack. However, his son told investigators his father had expressed a dislike of police.

Hassan’s contact with officers was largely limited to traffic infractions until Oct. 19, 2016, when police responded to reports that Hassan’s wife was seen breaking a car’s tailights.

When officers went to their apartment, she hid and Hassan became argumentative. During his arrest, Hassan bit an officer on the thumb.

He reportedly struggled against several officers, swinging and kicking and repeatedly saying, “kill me now.”

The case was stayed in March so Hassan could be evaluated by Eastern State Hospital to determine if he was competent to stand trial. When he didn’t show up, a warrant was issued for his arrest.

Members of Hassan’s Somali community told investigators they believed he suffered from mental illness but refused to see a doctor or counselor.

The father of eight had reportedly lived in the Tri-Cities for about five years.

Hassan’s son told investigators he had been unemployed for three years following an injury at work, and that unemployment exacerbated his father’s mental illness.

“Mr. Hassan’s sudden, completely unprovoked attack on Officer Kiel with a deadly weapon left Officer Kiel and Officer Kuhn no choice but to fire shots at Mr. Hassan,” Miller wrote. “If they had not, it is very possible that Officer Kiel would have been killed.”

This story was originally published December 18, 2017 at 6:54 PM with the headline "He slashed the Kennewick officer’s head. Prosecutor says what happened next was justified."