Cops Shoot Innocent Man in Bed, No Charges Filed

Published On August 22, 2013 | By CopBlock | Uncategorized

This sickening article was originally published at www.RealFarmacy.com:

Dustin Theoharis was asleep in his bed when a Department of Corrections officer, and King County Sheriff’s deputy rushed into his house, busted into his bedroom and began to unload their pistols on this unarmed man.

It is estimated that the two officers fired over 20 rounds of which 16 landed in Mr. Theoharis. According to Theoharis’s attorney, Erik Heipt, “Theoharis suffered “a broken shoulder, 2 broken arms, broken legs, he had a compression fracture to his spine, damage to his liver and spleen.”

The kicker here is that Theoharis was not the guy the police were after. According to King 5 news Seattle, The King County Sheriff’s deputy and Washington Department of Corrections officer who shot him were at the house to arrest a man who’d violated his parole. But in a search of the house after the shooting, they surprised Theoharis in the basement room he was renting.

Cole Harrison, who was at the house, described it this way: “They (the officers) rushed into that room like they were going to get somebody. I mean they rushed down there and then all of a sudden. Boom, boom, boom, boom.”

According to a review requested by Charles Gaither, a civilian watchdog of the Sheriff’s Office, which was conducted by a police accountability expert, Merrick Bobb, the officers refused to be interviewed on the scene and no internal investigation was ordered. In fact Deputy Aaron Thompson didn’t even issue a statement until a month later.

The report also suggests that the Sheriff’s Office did more to cover for the two officers than it did to investigate the shooting; citing an apparent conflict of interest right from the start. “Under KCSO policy, the first supervisor to arrive at the scene is obliged to assume control of the crime scene, direct involved personnel, and take on preliminary investigation responsibilities. (G.O. 6.02.015, subd. Clearly, given the sensitive issues that often accompany deadly force incidents, the neutrality of the supervisor needs to remain unquestioned. In this case, however, the first responding supervisor, KCSO Sergeant D, did not maintain the position of neutrality. Shortly after arriving on the scene, he switched roles from supervisor and neutral party to officer advocate.”

Also noted in the report is the severe incompetency or deliberate deficiency of the Sheriff’s Office when conducting the investigation. “Nonetheless, we were deeply troubled by serious deficiencies in the underlying investigation and the apparent unwillingness of KCSO to question its own officers about the use of deadly force once it appeared that they have not committed a crime. For example, the involved officers were not immediately interviewed about their actions, but instead were given over a month to provide a written account of the shooting. In addition, physical evidence was overlooked or moved, witness interviews were not thorough, and inconsistencies were not adequately addressed.”

Meanwhile, Dustin Theoharis has undergone 12 surgeries and will never be the same again. This is a travesty of justice and yet another example of how the state can shield themselves from crimes they commit by being above the law. Sadly stories like this one are becoming more frequent as police forces are militarized across the country. “Protecting” and “Serving” are seemingly being replaced with “Oppressing” and “Silencing.”

 

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  • Common Sense

    He already cashed his check. $3 million for a heroin user. He’ll be dead in 3 years.

    s3.documentcloud.org/documents/628706/kcso-investigation-1.pdf

    .king5.com/news/documents/Document-Review-of-Officer-Involved-Shooting-of-Dustin-Theoharis-214954231.html

    It does a pretty good job of showing what happens after an OIS. Its a bit more involved than people think.

  • t

    The report is an interesting read.

    This article, in typical Cop Block fashion is heavy on hyperbole and intentionally misleading info and light on truth and facts.

    As example, the 4th paragraph. A useless statement if it ever even happened. In the report this subjects statements are far different. In the report he isn’t in position to see or hear anything. But in this article, that’s different.

    In paragraph 6 the “report” wants to question he first responding Sgt.s actions. Policy is a guide. In this case, I think he did the right thing. As a union rep (which is referenced later in the report), his stepping aside and bringing in a different supervisor acctually helps to protect the scene and incident.

    Read the report.

    Ignore the posted article.

  • certain

    Bad shooting, both cops should be in prison for attempted murder. No matter how our local fuck-wits like to minimize it, and ignore that 2 cops shot a totally innocent person, whose house (the basement part of the house that he was renting), they NEVER SHOULD HAVE ENTERED. They had no warrant. Oh but the poor cops didn’t know that, did they? So I guess they’re not in trouble because they didn’t know, right? You know, because ignorance of the law is such a well accepted excuse when you’re not a cop, isn’t it? LOL. No double standard hypocrisy here, is there?

    And the supervisor that showed up should have arrested those 2 felons. But as a union rep, his waffling around actually helped the course of justice, did it t? Go back to aisle 4 dude, there’s a clean-up required, and you know you’re expected to do more than stand around in your guard uniform, right?

  • AmigaJoe

    I see the dirty cop defenders go out of their way to avoid addressing the *substance* of the incident, or the daming written assessment and concentrate on the reporting of it. Kinda reminds me of Fox News. Your slimy defense of corruption and incompetence is truly disgusting. You clearly demonstrate the ‘us vs them’ mentality that is so destructive to good police work.

  • ExposerOfCriminals

    t: “This article, in typical Cop Block fashion is heavy on hyperbole and intentionally misleading info and light on truth and facts…Read the report…Ignore the posted article.”

    What you mean is “read the report” which is based on the obviously fabricated police version. Actually, I believe the non-cops’ more feasible version. The bottom line is that police officers ADMITTED that they shot the wrong man due to THEIR error. How can you possibly fault the victim or his supporters for this one? THE ONLY “HYPERBOLE AND INTENTIONALLY MISLEADING INFO [WHICH IS] LIGHT ON TRUTH AND FACTS” IS POSTED BY LOVERS OF COP FELONS, NOT EXPOSERS OF THEM. “t” is a typical criminal cop-supporting troll who illogically rationalizes ALL police crimes. “t”, like cops themselves, is so arrogant that he honestly seems to think that he can discredit any writer just be making a blanket, non-evidenced disclaimer. The evidence in this shooting case points to the cops being as guilty as O.J. They goofed and should thusly face criminal charges, including for aggravated assault, attempted murder, reckless endangerment, perjury, witness intimidation, evidence tampering, and official oppression.

  • ExposerOfCriminals

    AmigaJoe, that “us versus them” mentality prevails in all criminal gangs. However, it manifests itself more frequently in police gangs because cops are rarely held accountable for their violent felonies.

  • blazzin12

    hey typical….were is your normal bs talk…hard to do when its obvious the pigs almost killed another innocent. Ill fire one of my employees for going to the wrong house and starting work and im a landscaper…..lame with all the cool gadgets an info you all have how many times you screw up!!

  • ExposerOfCriminals

    Blazzin12,

    Criminal cops almost never arrest criminal cops. That only happens on scripted television shows like Adam-12.

  • ExposerOfCriminals

    Certain,

    Your username should be changed to Uncertain and then juxtaposed with Common Sense. Your post perfectly analyzes what went wrong in this police encounter and its subsequent cover up. Gotta love how these cops illogically rationalized their Keystone Cops maneuvers.

  • Shawn

    You guys need to understand that t and other cops will not call out bad shoots. The couldn’t even call out the innocent shootings in the Dorner hunt.

    If cops actually called out their own, they’d risk having to live up to that standard. Then if they screw up… Far safer for them to defend bad cops.
    So even if they know an action was wrong, they won’t call it out.

  • Common Sense

    Had Theoharis provided a statement during the investigation, than perhaps “his side” of what happened in the bedroom might be known. However he declined (twice), advised by his attorney not to give a statement, as he was waiting for his lawsuit deposition.

    One major facet is the length of time between the incident and the interview/statements. Certainly out of the norm and I think the new sheriff had addressed this. The larger legal issue would the “third party” area. DOC believed they were legit, but I tend to have my doubts.

    Over all the shooting itself was legal, but the officers presence in the basement in the first place is questionable.

  • ExposerOfCriminals

    Common Sense,

    Your frivolous attempt to discredit all factual posts on this website via brainless, non-evidenced, patronizing, condescending blanket disclaimers would not fool anyone with an IQ above 70 or an education beyond third grade. With each additional mindless post, you further prove that you know nothing about police crimes and have little if any ability to think critically. The fact that you invariably support the obviously mentally ill and nonsense-posting Jason Free proves that you and he have the same agenda: to parasitically cyber bully anyone who criticizes criminals cops. Actually, you could not care less about police officers; you merely attack their critics because you receive the most feedback from them – which fuels your borderline personality disorder. Give it up; you could not win an argument with a vegetable (human or plant.)

  • ExposerOfCriminals

    Hmm, cops illegally enter a man’s residence, then shoot him 16 times. Yet, the man is now a criminal by default of being shot and the cops are heroes? Welcome to the world of criminal cops and their supporters: crooked cops can do no wrong, yet their innocent victims can do no right. Never mind that the victim received $3 million; he is still in the wrong and the cops are in the right.

  • Shawn

    @Common

    “Had Theoharis provided a statement during the investigation, than perhaps “his side” of what happened in the bedroom might be known. However he declined (twice), advised by his attorney not to give a statement, as he was waiting for his lawsuit deposition.”

    Maybe he already understood one basic truth. You will never get criminal justice against cops. The closest the majority will ever get is in civil court. Case after case where the significantly violent criminal actions of cops are dropped to nothing, and that is if there is even charges.

    Look at the POS that punched the woman and got off. Of course it helped that the judge was married to a cop who was an active supporter of the officer. Not that you and T ever bothered to acknowledge the obvious conflict of interest.

    The only two places to get justice from a cop is either in the street, or in a civil trial. Because there will be no justice by pursuing criminal charges. And the crimes of cops are only getting worse.

  • Common Sense

    Shawn,

    I agree with part of what you say. And the reason is the burden of proof. 51% in a civil trial or 99% in a criminal trial. That is why many crimes are not charged. There is no way to prove them “beyond a reasonable doubt” to a jury of “average” citizens.

    Look at the DPD Swat shooting. He shot a child in the head, but the jury hung on the concept of “reckless.” The cop walked but the state is taking another crack at him.

    And as far as Josey, I agreed with Yankee that the judge should have recused himself, if you feel like looking back at my comments you’ll see that.

  • t

    Exposed: Huh? Wha? Where did I defend anyone? All I pointed out was the author of this “article” (I prefer “story”, as a lot of it is make believe) isn’t accurate. Even the author of this story champions the very report that you are now attacking which doesn’t take a very favorable view of the incident, butnyoumdont like that either? You confused some? Sounds like it.

    Without access to all of the evidence, specifically a coroners report and ballistics evidence, its tough to tell. The coroner’s reports would really be enough to prove or disprove a lot of the officers story. Just from the report, I don’t know.

    I do think its an interesting look at an OIS. It should be what you guys always claim you want….an outside review of the incident.

    The only other thing a really mentioned was I think its right that the Sgt. called in a different supervisor. Imagine how bad you tools would be screaming if he hasn’t? The officers union rep investigating the shooting. Silliness on your part to even object to such a thing.

  • Common Sense

    The notion that Theoharis was a renter is a good point. The report lists him as a roommate, not a renter. In fact, no where in the 66 pages does it list him as a renter. Again, had he provided a statement in the criminal aspect of the shooting, then maybe the police could have faced a criminal charge. He opted not to.

    The DOC has the authority to search the residence where their probationer/parolee resides. It was, apparently DOC’s opinion that included the basement. They deemed the basement was not a “separeate dwelling” as it was accessable to the main portion of the house. Thus, in his mind, he could continue.

  • Common Sense

    The MCU report is 1000 pages. Sounds detailed to me. Maybe Copblock should FOIA it and post it.

  • certain

    “Certain,

    Your username should be changed to Uncertain and then juxtaposed with Common Sense. Your post perfectly analyzes what went wrong in this police encounter and its subsequent cover up. Gotta love how these cops illogically rationalized their Keystone Cops maneuvers.”

    Yeah, well, your name should be changed to ExposerofjusthowignorantIactuallyam. Because if you think my post above, or any of my posts, back up criminal thuggery by cops, YOU ARE STUPID. As in dumb. As in you don’t know how to read and comprehend the written English language. Moron. Which part of “Bad shoot, both cops should be in prison” is supporting their actions, anyway? And comparing me to common nonsense just proves how tenuous your grasp of reality is. Fuck-wit.

  • certain

    LOLOLOLOL – Nice try, donstanko. Now that I’ve gone back and read all of the posts, your shining brand of utter nonsense clearly shows thorough!! No matter what you call yourself.

  • certain

    Only a complete moron would label shooting an unarmed man, in his own house, which was entered with no warrant, while looking for somebody else, “overall a good shoot”. LOLOLOLOL. Well, overall, you’re a complete freaking idiot. Common nonsense rides again.

  • Common Sense

    They don’t need a warrant certain.

  • Shawn

    @Common

    “I agree with part of what you say. And the reason is the burden of proof. 51% in a civil trial or 99% in a criminal trial. That is why many crimes are not charged. There is no way to prove them “beyond a reasonable doubt” to a jury of “average” citizens. ”

    It is more than that. There is a culture of protecting cops, judges, etc. All of them choosing a back scratching game for fear of retaliation. Look at what happens to good cops who turn on the bad ones. It isn’t called the Thin Blue Line for nothing. Look hard enough, and it is easy to find SOMETHING on anyone. Hell, statistics say we each commit 5 felonies a day and don’t know it.

    No other investigation would have given the officers a month to get their story together. It would have been done quickly. Rule one in ANY report, write it quickly before facts get forgotten and the memory fades.

    “And as far as Josey, I agreed with Yankee that the judge should have recused himself, if you feel like looking back at my comments you’ll see that.”
    Can’t catch everything someone says. In a sane system, that judge would have been canned and disbarred for that. That showed a total lack of character in him, and in others. I have zero doubt that many of those cops knew of the relationship.
    Bluntly, one of them (husband or wife) should not have been allowed to work in that government. Numerous stories of what happens when family is in a position to help family.

  • Shawn

    @certain
    @common

    Common is correct on the warrant issue. A parole is still under sentence and usually has limited rights. Let one in your house, and you get the issues that go with it.

  • YankeeFan

    Shawn,

    Here is a very interesting read in the tradition of the thin blue line you referenced above. It is not relevant to this topic but very interesting!

    http://www.latimes.com/local/la-me-burbank-police-20130822,0,7005332.story

  • certain

    That give them the right to search areas under the parolees control. But aside from if a warrant was needed or not, the shooting was a crime. At least, that is what it is called when a non-cop shoots somebody thinking they were in danger when they weren’t. Lets see how far “I thought he was reaching for something” gets you if you’re not a cop.

  • ExposerOfCriminals

    t,

    Please look at the bigger picture. Cops entered the wrong room and shot an innocent man 16 times. Taxpayers then paid said man $3 million therefore. It really is that simple. Merely because the cops’ superiors threw some curveballs to shift attention away from the main issue, the net damage to both victims and taxpayers is the same. If any cops are reading this, please follow the rules and laws like everyone else has to, and watch the public’s hostility towards you disappear.

  • ExposerOfCriminals

    As much as I despise convicted-felon junkies, even they have rights.

  • t

    Exposed: Again you aren’t seeing what’s right in front of you. And that’s ok. My issue was you claiming that I’m excusing / covering for anyone. All I said about that is he coroners report should tell a whole lot about what happened.
    As for the 3 million. It’s most likely a compromise position from the city. The search sounds legal, the shooting so-so. The actions afterward, not great. The cost to litigate the case would most likely be huge. A settlement in he middle and the city is out. Happens all the time. A report was just out about Minneapolis police winning 13 of 15 lawsuit cases filed against the city. That’s a huge number. They agreed to settle others….accounting is what it is sometimes.

    Shawn: you are correct. Almost no rights exist for parolees.

  • coneface

    the pigs who did this need to be executed.

  • YankeeFan

    T,

    Not to disagree, but to offer a different viewpoint. Every time we deal with nickles, dimes and dollars, it is business. The amount usually tells us the story as to what “kind” of business. When it comes to high 6 figure and multimillion dollar settlements, it is hard to try and say it was nothing more than pure accounting. The thinking is probably as simple as, “We neither settle this for 3 mil, or we pay out 6 when the jury hammers us and declares we screwed the pooch. Frank jude’s case was settled for 2 mil, the University of Maryland beating was settled for 3.6 mil, the Ibarra Bros case was settled for 1.8 mil. The jury was polled in that case and several members stated they were well on their way to winning and one juror stated he was thinking double the amount they settled for!

    Yes, all those were accounting issues because if the jury had wrapped their hands on the deciding part, the amounts would have been much higher and the city/police and etc wouldn’t be able to play the, we admit no responsibility card which we always hear, even in settlements!.

  • t

    Some juries. Certainly not all or even most. Most lawsuit filed against the police are either dismissed as they have no merit, the police win, or many are settled for very little / pennies on the dollar. But but confuse “civil” and “criminal”. The “preponderance” standard is a mere 50.1 %. 3,000,000 to him covering his expenses and hospitalization is pretty fair. But your own point, of how much juries have awarded in other cases….with no injury…show that this case for the city was pretty good.

    Remember now, juries have done all kinds of things. Millions awarded to people who spill coffee on themselves. OJ walked. Juries are wildcards. That’s why I laugh out loud at all the “jury nullification” crap the floats around here. Juries have been nullifying things form years…both for and against thengovernemnet / police.

  • YankeeFan

    T,

    I do not disagree. Juries are pure crapshoots. And cases are dismissed all the time in matters that do not involve the police. I personally do not notice it unless it’s enough money, after taxes and lawyer fees unless those are added after the fact, to buy someone a house outright! I think it becomes hard in those examples to try and convince the lay person that the check is being written not as an admission of guilt, but as a pure business matter. No one or shall I say most no one’s will not buy that and rightfully so.

    As a side note, what in gods name was the O.J. jury thinking?

  • t

    YF:

    As for the OJ thing…no clue how they got to that conclusion.

    As for the rest….the main thing we need in this country is tort / lawsuit reform. I’m a big believer in the “loser pays” idea. I’d bet a lot less lawsuits would be filed and that PD’s / cities would litigate a lot more cases. But in the civil system we have….one where someone sets a ladder on top of a frozen pile is manure, waits until the manure thaws, climbs said ladder and falls off….AND THEN SUCCESSFULLY SUES THE LADDER MANUFACTURER FOR NOT TELLING HIM NOT TO STAND ON A LADDER ON TOP OF A PILE OF MANURE. That payouts in 8 digits (if I’m remembering correctly). Some jury thought that was the right conclusion. And those types of awards are handed out weekly in this country. Its like the OWS crowd talking about jobs and then destroying businesses. Such is the country in which we live.

  • RadicalDude

    Yet, you are in love with the frivolous predatory civil actions done every day by the police, go figure.

  • t

    Such as?

  • Jagdwolf

    If ever we needed an organized militia and a 2nd American Revolution it is now. Because that’s what it is going to take with the level of corruption in our “legal” system

  • RadicalDude

    Predatory civil actions that basically amount to, “you broke [insert code]- now pay the corporation.” I’m thinking in 18 years you must have made about $1-2 mil for yourself, and probably about $2-3 mil in revenues and $1-2 mil in profits for the corporation(s) that you work(ed) for. Correct me if I am off by too much here. And I am sure in the majority of those lucrative civil actions there was no predicate injury-in-fact, but only an alleged code violation with no evidence anyone was ever injured by the alleged violation. Of course I am speculating, but if I am off on the numbers then probably not by a whole lot.

  • RadicalDude

    It is easy to love predatory lawsuits when you are getting rich off them.

  • t

    RD. those are criminal penties. Not civil in nature. The closest thing to a civil action I might take is a parking ticket.

    I knew you wouldn’t get that so I let you just go on it. Your as funny as Pete is with the “road pirate” nonsense.

  • RadicalDude

    Really, so the defendants are given a trial by jury?

  • t

    RD: If they want. Where I work, misdemeanor cases are heard by a judge. If you want to appeal the decision, you can and get a jury trial. Now you may have to pay the associated costs. But sure.

    Wanna try again?

  • t

    RD: ?

  • RadicalDude

    I guess I’m extrapolating from what I know of how the police and courts operate in general, and what I’ve seen at the local courthouse, so it might not really equate with your personal experience. What I’ve seen at the local courthouse is that a bunch of people line up to go to court on civil tickets, then they go inside, and then are called to a conference with a prosecutor of some sort, generally they just talk out in the hallway or go to a conference room kind of adjacent to the main court chambers. The DA tries to cut a deal and maybe usually drops a charge or two to get the person to agree not to fight another charge, or they offer to charge a lesser “offense” to get an agreement to pay money. Then, the people go around the corner from the main court room and go pay a clerk of the court.

  • RadicalDude

    Now sometimes a cop prosecutes a civil traffic ticket himself and there is no DA involved in arguing the (usually non)case. Also, they have criminal proceedings but they seem to be way fewer in number, and the proceeding is way different if they are jail birds, and about half of them seem to involve a restraining order of some sort.