Prosecutors: Cops Who Shot Unarmed Man Lying in Bed 16 Times Had “No Malice”

A reader named Nick, shared the content below, which was originally published at Reason.com‘s “Hit and Run” blog, via the Cop Block Submissions page.

Dustin Theoharis Police Shooting UnarmedA judge recently ruled the Washington man’s lawsuit could move forward, but prosecutors say they aren’t impressed by the evidence.

Four years ago cops from the King’s County Sheriff’s Office and the state Department of Corrections (DOC) in Washington busted into the home of  Dustin Theoharis and shot the unarmed man 16 times as he lay in bed. Theoharis had at least a dozen surgeries but survived. He sued the county, settling for $3 million, and has also sued the DOC.

Both the county and the department have ruled the shootings justified, despite the lack of a firearm and the fact that the two cops shot a man 16 times as he lay in bed. Earlier this month a judge  ruled Theoharis’ excessive force lawsuit against the DOC could move forward, citing the cops’ questionable testimony (they didn’t provide a statement for weeks after the shooting).

But that’s not enough for county prosecutors…(Read the full story on Reason.com)

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  • Common Sense

    If you actually read the investigation, when asked if he had any hand guns, and he answers “three” while reaching under a mattress while being told not to. Sorry, procedural and policy errors aside, it was lawful.

    The differences in the when statements were taken are conflicts between the Sheriff’s dept and the DOC. Different agencies, different policies. See below. Its only 70 pages so I’m sure most of you could struggle through it.

    http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0CDcQFjAF&url=http%3A%2F%2Fwww.kingcounty.gov%2F~%2Fmedia%2FCouncil%2Fdocuments%2F2013%2F07-10-13_Review_of_Officer_Involved_Shooting_of_Dustin_Theoharis.ashx%3Fla%3Den&ei=Ps_rVN6SOoqzyQT8q4LoDA&usg=AFQjCNGW62YileTTq_NBMNIWph2lV2OKaA&bvm=bv.86475890,d.aWw

  • keepitreal

    So why the $3M settlement if it was a legit shoot?

  • Bobo

    The corrupt cop video. That was a great video. It shows how awesome the cops are and how much bull they have to deal with and still try to be professional about it. Glad you posted that. Driver was clearly an ass

  • Bobo

    Oh. And that c “rap” video was pretty lame. Spit by some real wholesome nice young men. You should be embarrassed to post that on your site. Lol won’t be looking at this pitiful website after this. Actually not sure how I got here in the first place.

  • Common Sense

    Attorneys. The levels of proof between a civil and criminal trial.

  • JC

    No charges were filed against the police officers. The lawsuit will be easier to win than a trial. So he is not interested in “justice”. as was claimed.

  • keepitreal

    Slaps, slaps, slaps. When will you figure it out? Nobody on either side here gives a single fuck what your douchebag opinion is. Nobody. You’re a proven fraud and liar.

  • keepitreal

    CS, this is one of those investigations that I believe are full of shit. Guns pointed at him, and he’s going to reach under a mattress while telling the cops that there are guns under it? That doesn’t strain your sense of credibility? Even a little? I wasn’t there, so I don’t know for sure, but it fails the smell test, as far as I’m concerned. Or is there something here I haven’t seen?

  • Common Sense

    I think if you read it, and their statements, it certainly isn’t any type of coverup. The video camera died, they missed a round, they didn’t take nearly enough evidence from the scene, it was something that their were total unprepared for. All had different perceptions, different takes on what happened. What the make up of the room is, is anyone’s guess. I found no photos.

    Theoharis was lying on the bed, reaching underneath it, when in the presence of two fully marked police, one with a hand gun drawn (for flashlight), and Dusty is apparently makes the flippant statement about having guns. Maybe he never actually made the statement, but since Dusty never made a statement, then you only have their (police) information to go on.

    Its a goat fuck. But was it criminal? I don’t think so. I’m honestly amazed he survived.

    On the flip side, take the (ex) trooper Sean Groubert, the motorist was directed to get his wallet and was shot for doing what he was told. Thus the felony charge for the cop.

    I don’t know if you could defend the troopers action to shoot, but you could the DOC/Deputy’s in Theoharis’ shooting, again, based on the totality of the circumstances.

  • JC

    Why do you continue saying the same thing over and over? I guess you like to hear your head roar.

    Have you received any new crimes on your rap sheet? I’ll have to look.

  • keepitreal

    Like I said before, monkey-fuck, stop wasting your breath. Nobody believes you’re a PO, much less that you have access to anybody’s “record”. LOL. I’ve never been arrested in my life. Ever. I hold a federal security clearance your monkey-fuck ass would never be able to get. I build JHOCs, and SCIFs, monkey-fuck. Why don’t you look those up.

  • keepitreal

    But you’re relying solely on what the cops are saying. Not that there’s anything else to go on, but I find it hard to believe somebody would try to grab a gun when already covered. Of course, I’m not a felon (regardless of slappy’s claims, LOL) so I don’t really know how they think. But it does crack me up that the only cases I think were on the legit side, you don’t. I watched the video of the Groubert shooting. The guy makes what I would call a lunge for the truck cab. Doesn’t really seem to just be casually reaching for his wallet. I don’t know if he stumbled or what, but it seems to me that he startled the cop and got shot. Going by the whole “officer perception at the time” philosophy, I don’t think the cop should be charged. Like the guy with the rocks. He spun, crouched, and raised his arm, startled the cops, and got shot. Oh well, at least I’m learning to disagree with somebody without letting my temper get the best of me.

  • JC

    What ever helps you sleep at night liar.

  • Common Sense

    I would dare say that Dustin, foggy from sleep, in the dark with white light pointed at him from at least one flashlight, had no idea who was there. Thought it was a joke and said, “yeah I got 3 of them (guns).” Naturally hindsight is 20/20.

    I will fully agree that some shoots are lawful, but not necessary. Rakes, shovels, and brooms, perhaps in a court room, you could argue it was justified, but “justified” doesn’t make it right.

    I think that’s the example, one reaches for his wallet, and Dusty reaches for his flashlight (that’s what I think, to see who’s in his room) – they are both shot, one cop is charged, and another isn’t.

    Look of the Manuel Longoria Shooting. Look at the cell phone video, and then watch the dash cam. Only to show a difference in points of view of where the recording is.

    http://www.fox10phoenix.com/story/24698595/2014/02/11/eloy-pursuit-case

    http://www.azfamily.com/news/New-video-gives-insight-into-chase-officer-involved-shooting-245093841.html

  • keepitreal

    We all know what helps you sleep at night. Farm animals. And speaking of liars, it’s been proven that you’re full of shit. Why is it you can’t say the same of me? Short answer? This would just be another of your lies.

  • JC

    I believe you believe that.

  • Gratis Banks

    You have to be an imbecile to think its justified to shoot unarmed person while they are lying in their bed. Would it be justified for me to shoot a police officer just because I was scared?

  • Gratis Banks

    It isn’t a legit shoot. Anyone who wasn’t a cop would be in jail.

  • Gratis Banks

    According to who? The police who shot him? OoO, we should just blindly believe what assailants say after they shoot people because they always tell the truth.

    You are a sociopath. No good or honest person would think its justified to shoot an unarmed person who just awoke. NO ONE! Would it be justified for me to shoot a cop because I am in fear for my life? I have had cops point guns at me at traffic stops; I guess it would have been fine for me to take cover behind my car and gun them down.

  • Gratis Banks

    NOT CRIMINAL TO SHOOT AN UNARMED PERSON IN THEIR BED? Are you insane? I guess it wasn’t criminal when Eric Frein killed one cop; surely he was in fear for his life!

    It always amazes me how someone will blindly support the police when they wouldn’t support their fellow citizen in the same situation. I would advise you to go and work in the productive sectors of society to actually understand responsibility.

  • RaymondbyEllis

    I’m sorry but a $3,000,000 settlement makes all the arguments about what the police did or did not do moot. No jurisdiction settles for $3,000,000 unless, pardon my French, they were thinking “oh shit, fuck, what did those motherfuckers do”.

    Your arguments are just so precious, any of you come to agreement on how many angels dance on the head of the pin?

    Okay, am I mistaken and this was actually awarded by a jury? I could then understand your need to argue, but if it wasn’t by jury…$3,000,000 is a mea culpa. But what do we do with all those angels? We argue the case as if the settlement means nothing.

  • RaymondbyEllis

    I think to argue points about police culpability after a settlement for $3,000,000 is insane.

  • RaymondbyEllis

    Oh, please, blame it on attorneys, The $3,000,000 is a civil settlement and has nothing to do with anything criminal.
    Furthermore, a city doesn’t settle for $3,000,000 if it thinks it has a good chance to win, it has more resources to fight it than any civil lawyer on retainer or contingency. $3,000,000 is a mea culpa but as always with the usual “we do not admit to any blame” we just wanted to give the poor schmuck $3,000,000 because we like him.

    I’m sorry, but this settlement lends no argument other than “WTF were they thinking to put us in this position to lose”. You may resume with the arguments over angels and pinheads.