Prosecutor rules in ‘troubling’ Richland bypass shooting of unarmed man. New details released

A Richland police officer thought a fleeing driver was about to shoot him when the officer fired five times at the man along a dark bike trail in February.

Officer Christian Jabri told investigators he was chasing Charlie Suarez down the path along the Highway 240 bypass when he turned on him, pointed his fist and started toward the officer.

Officer Jabri was far from his patrol vehicle, with his back to a highway sound barrier wall and surrounded by open area.

“Based on the suspect’s actions and my observations, I believe he was about to shoot me with a handgun,” Jabri said in a written statement. “I did not have any option for cover and I was completely exposed.”

That’s when he shot five times, hitting Suarez twice. Once in the hip and another in the leg.

It’s a far different version of events than Suarez told investigators, according to the 5,300-page Regional Special Investigations Unit report released to the Tri-City Herald under the state Public Records Act.

Officers didn’t find any weapons on or near the wounded man, according to reports. And Suarez said he was getting down on the ground when the officer opened fire.

On Wednesday, Benton County Prosecutor Andy Miller followed the recommendation of a special panel of five prosecutors from elsewhere in Washington.

They called the case “troubling” but concluded that Jabri acted in “good faith” under the law and should not be charged with a crime.

They said the state rules around officer-involved shootings were not “strictly adhered” to as part of this investigation.

“It is troubling that, what started as an investigation into a potential driving under the influence, resulted in the shooting of an unarmed man,” according to the letter to Miller. “However, given the actions of Mr. Suarez, as supported by the majority of the evidence presented, the committee concludes the use of force, in this case, was done in good faith.”

The recommendation was based on the investigation of the Special Investigations Unit (SIU), which includes detectives from Benton, Franklin and Walla Walla counties. They conduct independent investigations of officer-involved shootings.

The SIU report was turned over to Miller in late June, but he asked for the opinion of the other prosecutors because one of his deputy prosecutors is the Richland mayor.

Miller said he wanted to avoid any appearance of a conflict of interest by following the recommendation of the independent panel of prosecutors.

Internal police review

Earlier this week, Chief John Bruce issued a news release that also agreed with the recommendation of his department’s Firearms Review Board that Officer Jabri acted properly to defend himself.

Jabri has been on modified duty status since the Feb. 1. shooting.

Richland police announced this week that a Firearms Review Board, with five Richland officers, found the shooting was “within policy.”

“(Bruce) has full confidence that Officer Jabri’s actions were appropriate, legal and within policy,” according to a statement from the city. “As such, Officer Jabri will be returned to work immediately.”

But Suarez’s attorney, Scott Johnson, said the decision should be chilling for Richland residents.

He noted that Jabri wanted to know if anyone else saw the shooting before giving his version of what happened. And he fired five shots that could have hit a bystander.

“In a decision that sadly surprises no one, the Richland Police Department has completely exonerated Officer Christian Jabri for shooting Charlie Suarez, an unarmed man, accused of leaving the scene of a one car non-injury accident,” Johnson told the Herald.

Before the shooting

While the report doesn’t offer any conclusions about Suarez, it details what Suarez was doing about 30 minutes before the shooting.

At 6:40 p.m., he’d gone to the Pasco home of the mother of his children because he wanted to take them to Chuck E. Cheese, according to police reports. She refused to let them go with him.

They had an argument, which prompted Suarez to get into the SUV and try to hit her, she told investigators. He was blocked by a fence.

She said he was acting erratically, and after leaving he sent five text messages within minutes, including one that said he would “come back” for her and her mother.

About 20 minutes later, the GMC Denali went off Highway 240 in Richland and flipped. Witnesses saw a man wearing a black sweater and gray pants leaving the scene.

Witnesses also said it looked like Suarez was drinking, and pictures from inside the wrecked Denali show both empty and full bottles of beer.

According to blood tests taken two hours after the crash, Suarez had alcohol and morphine in his system. The Washington State Patrol said his blood alcohol level was 0.058, which is below the legal limit for drunk driving.

Johnson, pointed out that the hospital administered the morphine before the blood tests.

Richland officer’s report

Officer Jabri was one of the officers called by emergency dispatchers the night of the crash to search for the missing driver.

Jabri was driving down a bike trail next to the highway when he spotted a man walking.

When he used the spotlight to illuminate Suarez, he saw he matched the description of the man who ran from the crash.

“The suspect was trying to stay in the shadows and away from the paved trail and my spotlight,” Jabri wrote. “The suspect was walking away from where the collision occurred in the direction the reporting party stated they saw the suspect running.”

Suarez was continuing to head north when Jabri got out of his car and called to him. When the officer tried to say why he needed to talk to him, he said Suarez acted aggressive and angry.

He started bouncing from side to side, reaching into the right front side of his sweatshirt and into his waistband and yelling, “Come at me” and “Let’s go.”

It became worse when Jabri was 25 to 30 feet away. He told Suarez to stop reaching into his waistband, and to get on the ground.

He said it looked like Suarez was reaching for a gun in his pants, so the officer drew his gun. Suarez then pulled out his hand out, reached across his chest and pointed his finger at Jabri.

In the light of his gun-mounted flashlight, Jabri recognized there wasn’t a gun in Suarez’s hand, but he still thought Suarez was armed.

Suarez took off running, and Jabri followed, yelling for him to stop, get on the ground and to not reach into his pockets.

He kept a distance of about 20 to 30 feet until more officers arrived.

As they were running Jabri holstered his gun, but just as he felt the tension of the locking mechanism start to engage, Suarez stopped, turned around and started to yell at the officer again.

Suarez was in the shadows and the only light was from the traffic lights at Duportail Street and Highway 240.

Jabri said Suarez pulled up his sweatshirt and reached toward the center of his waistband.

“The suspect then pulled his right hand out of his waistband and punched through the air pointing his right hand and arm straight at me,” Jabri wrote. “He explosively started to run in my direction and avoided all prior commands I gave him.”

Jabri said he feared for his life, pulled out his gun and pointed it at Suarez. This time he couldn’t see what was in Suarez’s hand.

As Suarez continued moving toward him, Jabri believed he had a gun and fired three times at him. Suarez continued toward him, so Jabri said he fired one or two shots.

That’s when Suarez started to slow and to comply with Jabri’s commands. He’d been hit in his leg and hip.

Officers Suarez had a wallet and cellphone, but nothing that looked like a weapon.

Suarez was taken to a hospital. After his release, he was never arrested or charged with a crime in connection with the shooting.

Suarez’s account

Suarez gave investigators a different account of what happened.

He admitted he was driving the car when he crashed and left the scene because he didn’t have his driver’s license. He was on the walking/biking trail and considered running, but had accepted he was likely going to be arrested when he saw the police car approach.

He said when the spotlight was on him he put his hands up. Then he heard the officer order him to get down. He said he was complying when he was shot.

He said he couldn’t see the officer because of the spotlight in his eyes, but could hear him call out from near the police car.

Johnson told the Herald that several questions remain unanswered, including why Suarez’s phone was searched, but Jabri’s phone and watch weren’t looked at.

“There was extensive background information collected by the SIU on Mr. Suarez, the victim in the case,” Johnson said. “Except for training records, there was no background information collected by the SIU on Officer Jabri, the suspect in this case.”

The report recounted one incident in 2019 when Suarez told a Pasco officer after a chase, “Just shoot me. Just do your job and shoot me.”

And another incident in 2010 involving a drive-by shooting in Mattawa. He had registered a car for his cousin, who was involved in the shooting. Then lied to police about where the car was. He later cooperated in the investigation.

The officer’s background is as important as Suarez, but the SIU report doesn’t have any answers about whether Jabri has faced disciplinary action, had prior use-of-force investigations or complaints made about him, Johnson said.

This story was originally published August 18, 2021 at 12:07 PM.