The CK Wire

Binion here:

Please find below, in its entirety, the Kitsap County Prosecuting Attorney’s report on the fatal shooting of Mathew Netter, 23, of Bremerton, by Poulsbo Police Officer Darrel Moore.

Read the story here.

August 26, 2010

Netter Shooting
July 23, 2010
Unincorporated Kitsap County
Prosecutor’s Analysis

Just before 10:25 p.m. on the night of July 23, 2010, Poulsbo Police Officer Darrel Moore initiated a traffic stop of a white Honda Accord driven by Matthew James Netter.  Although initially cooperative, within minutes Netter, without provocation, threatened Officer Moore with a pistol.  In response to the threat, Officer Moore deployed his service weapon, firing nine shots at Netter.  Netter was struck eight times and died of his wounds.  Officer Moore was absolutely justified in his use of deadly force.  We decline to prosecute.

I base this conclusion on the results of the investigation conducted by the Kitsap County Sheriff’s Office.  The record created by that investigation is very complete and includes a video and audio recording of the entire transaction between Officer Moore and Netter.  The Poulsbo Police Department has equipped most of its patrol cars with video cameras.  The cameras are permanently mounted and are oriented to make a video-and-audio taped record of the action immediately in front of the patrol vehicle.  Officer Moore’s car had this equipment.  There is also an audio recording of all the radio traffic generated by this transaction.  While on patrol, all Kitsap County law enforcement officers are in constant radio contact with Kitsap County Cencom, the County’s emergency dispatch network.  Patrol officers maintain communication through radios in their patrol cars and radios carried on their persons.  Cencom records the time and content of all radio calls.

July 23, 2010 was a Friday.  Silverdale Whaling Days, a community celebration scheduled to last through the weekend, was just getting underway.  The Silverdale area is part of unincorporated Kitsap County.

Although an officer of the Poulsbo Police Department, Officer Moore was working in Silverdale as part of a Driving Under the Influence of Intoxicants (DUI) enforcement emphasis patrol.  From time to time, the local law enforcement agencies in Kitsap County and the Washington State Patrol will join together and focus DUI enforcement efforts on a particular geographic area of the County.  A DUI emphasis patrol is publicized beforehand to deter potential drunk drivers.  All participating officers are commissioned to exercise law enforcement authority throughout the County.

Moore was assigned to the Silverdale area as part of the emphasis patrol.  He was in full uniform and driving a clearly marked Poulsbo Police Department patrol car.  Navy Petty Officer Erik Nelson was also in the car as a civilian observer.  Civilian “ride-alongs” are a regular part of local law enforcement practice.

Just before 10:25 p.m. Officer Moore noted a vehicle eastbound on NW Bucklin Hill Road near its intersection with Mickleberry Road.  It was a white Honda Accord, Washington license number 876 WTW.  It had swerved suddenly in its lane of travel.  Given the time of day, the community celebration, and the heavy traffic, this swerve gave Officer Moore a reasonable suspicion that the driver might be under the influence of intoxicants.  Officer Moore engaged his emergency lights, signaling the Honda to stop.  He informed Cencom as he did so.

There was one person in the vehicle: the driver, Matthew Netter.  He responded immediately to the patrol car’s lights by pulling off to the side of Bucklin Hill Road.  Officer Moore exited his car and approached Netter’s Honda.  Netter remained in his vehicle.  Traffic on Bucklin Hill road was very heavy, so Officer Moore asked him to continue on less than a block and turn right on Mickleberry into the parking lot of Timberland Bank.  The bank was closed for the weekend, and that part of Mickleberry is not heavily traveled.  The Officer’s plan was to continue the contact in an area that would not interfere with the heavy Whaling Days traffic.

Netter complied, pulling into the empty parking lot and stopping.  Officer Moore positioned his vehicle behind Netter’s Honda.  Netter remained seated in his car, and Officer Moore approached the driver’s side.  The civilian rider followed and took up a position behind Officer Moore.

Standing by the Honda driver’s door, Officer Moore explained the reason for the stop and asked to see the documents necessary to lawfully operate a motor vehicle: driver’s license, vehicle registration, and proof of insurance.  Netter produced a Washington driver’s license.  Netter told Officer Moore that the swerve noted by the officer was necessary to avoid a car entering his lane from a side street.  Officer Moore responded politely.

Approximately three minutes into the contact, the officer received a radio transmission from Cencom advising that Netter presented a possible safety risk.  The dispatchers at Cencom can immediately access the electronic law enforcement records associated with identifying information, like a vehicle license number.  When Officer Moore informed Cencom that he was stopping a car identified by Washington plate 876 WTW, the dispatcher automatically checked to see what, if any, criminal history was associated with the vehicle.   Netter had been the subject of a domestic violence allegation on March 6, 2010.  He had been driving the Honda at that time.  The Port Orchard Police Department had investigated that incident and included in their report information from witnesses alleging that Netter had access to weapons and had indicated a willingness to fight with law enforcement.1  This information was linked to the plate number.  When Cencom ran its check on July 23, that portion of the prior report came up and was relayed to Officer Moore for his safety.

Netter heard the transmission and denied the allegations.  Office Moore continued to respond politely, assuring Netter his only interest was that they both be safe.  He told Netter that to ensure their safety, he intended to check Netter’s person for weapons.  In this kind of situation, a simple pat-down by the investigating officer is necessary and legal.

Officer Moore asked Netter if he had any weapons in the car, and Netter stated he did not.  Directing Netter to keep his hands in view, Moore opened the Honda’s driver’s side door so that Netter could exit the vehicle.  For the next few seconds, Netter complied with the officer’s directions, but became increasingly agitated.  He raised his voice, demanding to know why he was being “searched.”  Officer Moore attempted to explain that he was not interested in conducting a full search of his person.  Netter raised the volume of his arguments and began moving about in the car.  Officer Moore responded by raising his voice, and that tactic produced another few seconds of compliance by Netter.

But Netter could not keep still and would not obey the officer’s commands to keep his hands in sight.  Without any apparent explanation, he suddenly dove to his right, across the empty passenger’s seat.  In an attempt to subdue him, Officer Moore jumped into the car.  He engaged Netter, calling to his rider to get on the patrol car’s radio and call for help.  They struggled briefly, and then Officer Moore jumped out of the Honda shouting “Gun!”  He quickly drew his service weapon, and shouting to Netter to drop the gun and stop resisting, fired nine times at Netter, still in the front seat of the Honda.  The shots were fired at close range in two quick volleys.  Netter was struck eight times.

Officer Moore fired until Netter no longer presented a threat.  This is consistent with the training received by all Washington law enforcement officers.  When Netter stopped moving and dropped his pistol, Officer Moore immediately called for assistance, radioing that shots had been fired and that the subject had been hit.  He kept his weapon trained on Netter as he made the call, relaying to Cencom that an airlift was needed, but Netter’s weapon had not yet been secured.  Officer Moore made this call at 10:30:22 p.m.  Just over five minutes had passed since the contact began.

Other officers arrived within seconds and took control.2  An aid car arrived almost immediately, just after 10:30 p.m., and Central Kitsap Fire Department personnel removed Netter from the Honda.  No airlift was available.  He died on the way to the hospital.

A post mortem toxicology screening showed methamphetamine in his bloodstream at a level of 2.97 milligrams per liter (mg/L).  The “Drugs and Human Performance Fact Sheet” published by the National Highway Traffic Safety Administration states that a blood concentration of methamphetamine above 2.5 mg/L “will likely be associated with severe, possibly life threatening, toxicity.”

Netter’s body was the only object removed from the Honda until a search warrant was obtained Monday, July 26, 2010.  Netter’s pistol was found on the passenger-side floorboard in a location and position consistent with it falling from his hand after he was shot.  It was a fully loaded .40 caliber H & K semi-automatic.  There was a round in the chamber, the weapon was cocked, and the safety was off.

Washington State law defines a homicide as justified when a law enforcement officer finds deadly force necessary “to overcome actual resistance…in the discharge of a legal duty.”  RCW 9A.16.040(1)(b).  Poulsbo Police Officer Darrel Moore was lawfully on duty on the evening of July 23, 2010.  He stopped Matthew Netter after developing a reasonable suspicion that he was driving in an impaired state.  He treated Netter with courtesy and professionalism, even after Netter was identified as a possible threat.  When Netter became agitated, he attempted to control the situation with verbal commands.  Netter failed to respond to Officer Moore’s efforts and acted in an unambiguously hostile manner.  Still Officer Moore tried to bring him under control using the minimum force necessary.  But when Netter produced a pistol he left Officer Moore no other choice.  Officer Moore’s use of deadly force was more than justified—it was the only response possible.

Binion here:

The e-mail buzzed Republican County Commissioner candidate Abby Burlingame’s iPhone shortly after midnight.
But what made the message from the personal e-mail account of the Kitsap County Department of Community Development director most odd were the contents.

Following a terse first paragraph in which Larry Keeton says he learned the department had been made “a campaign issue,” Keeton got to his first of the five points in the July 15 treatise:

“I don’t take lightly any assault on my department’s staff. While I’m fair game, my staff is not. It’s the Army Colonel in me. Attack me for my leadership, not my staff. If you choose to, make sure it’s my decisions, not my personal integrity and honor. If you do, I think you’ll find few solid supporters in that arena; more importantly, I will defend myself in that regard.”

However, Keeton concedes he heard about the alleged trash talking second-hand. Burlingame, who forwarded the e-mail to the Central Kitsap Reporter, denies badmouthing the department staff and says her campaign’s beef is with the “anti-growth” policies of the commissioners. Meanwhile, Democrat and professional builder Wally Carlson, who has been outspoken in his criticism of the department and its employees, said he did not receive a similar e-mail.

Government officials usually tread carefully when responding to political candidates. Beyond offering to meet and answer questions, they usually don’t respond, they are too busy governing. There is also the chance that the candidate could be their boss one day.

Keeton did offer to meet with Burlingame, but between his opening warning and his offer to meet, Keeton included more than 600 words. To give an idea of length of points two through five, this post doesn’t have 600 words.

Burlingame thought it was inappropriate. She said she has been meeting with officials, and planned on contacting Keeton, but now plans not to.

If given the chance to take it back, Keeton said he would have still written to the candidate, but he would have taken a different tack. He said he is often awake late at night, working, and that’s when he sent the e-mail.

The tone was the result of frustration Keeton feels. His department has shrunk by more than 40 percent, he said. But there have been more than 200 “efficiencies” implemented in the nearly four years he’s been on the job.

Despite the economy-fueled decrease in the number of building permit applications — Keeton said a tiny fraction are denied — there are less people to do the work, and often applications are made by non-experts, requiring more time to ensure the plans conform to the law.

The process is open to criticism, he said, but uninformed criticism helps nobody. And he was quick to admit the department isn’t perfect.

Democratic Commissioner Josh Brown, who is a third of Keeton’s boss and opponent Burlingame’s prime target in the race for the District 3 commissioner’s seat, said he wished the director had taken a more “positive tone.”

Although Burlingame doesn’t intend to call on Keeton for a meeting, if elected she said she could work with him.

“It’s an e-mail, it’s not the end of the world.”

See original e-mail below:

From: “Larry Keeton” <XXXXXX@wavecable.com>
Date: July 15, 2010 12:11:17 AM PDT
To: <info@abbyburlingame.com>
Subject: Department of Community Development issues

Ms Burlingame,

As the Director of Community Development, I learned today that you and Mr. Carlson have decided to make the Department a campaign issue.

First, I don’t take lightly any assault on my department’s staff. While I’m fair game, my staff is not. It’s the Army Colonel in me. Attack me for my leadership, not my staff. If you choose to, make sure it’s my decisions, not my personal integrity and honor. If you do, I think you’ll find few solid supporters in that arena; more importantly, I will defend myself in that regard.

Second,  you’re running on a campaign platform to “streamline” the permitting system. What does that mean? Do you know the issues we face under federal and state law that might preclude this “streamline” process? I agree we need to continue to find efficiencies. Are you willing to suggest that the department be given additional resources at the expense of a Sheriff’s Deputy? Given that we’re a special revenue fund, are you willing to suggest that fees need to be increased to bring on more staff to process the permits? Or are you willing to suggest that we only take in applications that are professionally prepared versus the citizen who decides to draw his plan out without fully following the code requirements? Are you willing to suggest a formal standard by all the engineering firms, such as WSDOT requires, to help streamline the process? Are you willing to suggest that maybe contractors who build should be code certified as other states require before they become contractors? It’s easy to say that government needs to change, but what about those submitting their permit applications? Shouldn’t they have a requirement to be correct when they submit? You’ve not asked to speak with me or my staff regarding the issues we face. It appears you’re  only hearing people who have issues with the department because they didn’t get what they want, I’ll be more than willing to spend time with you presenting the other side of the story. Leadership is about making decision based on facts, not emotion. I know. I’ve been doing it for over thirty five years, and people’s lives, not some permit  weighed in the decision. The mark of a good leader isn’t identifying that they have a problem, but how they solve the problem.  My track record in problem solving got me here. And, I’m not hearing key stakeholders asking for my head on a platter. Quite the opposite.

Third, Representative Angel is endorsing you, as well as the Realtor Association. Have you asked them what they think of the Department under my leadership? I was hired by Representative Angel when she was a Commissioner. Did she make a mistake? During her tenure here, and after her departure, she’s not called for my termination. Nor have the Realtors, the Homebuilders, the environmental community, etc. Am I missing something?

Fourth, does the Department have problems? You bet. But, in the last three years, we’ve implemented over 200 process improvements. We’ve got performance standards that we report accurately, even when they are not flattering. As a Department, we’ve been  as transparent as we can be because I have a personal value system that requires it.  We’ve reduce staff from 87 FTE to 48.5 since 2008, many taking a 20-25% cut in salary, including the management team. There was no public outcry with those reductions, but now people complain they are not getting their permits within two to four weeks. That was the standard staffed at the previous level. It’s like being in the only barbershop in town. If there’s only one barber and ten people walk in the door at the same time, nine are going to have to wait. But, if you asked the customer to pay more money to hire another barber so they didn’t have to wait, what would they say? Most likely answer, no, we’ll wait. But, when it comes to government, that’s unacceptable. I have to ask why? Don’t  you?

Fifth, in the last campaign, out of the field of many, only two candidates ever visited me to discuss departmental issues. Then they drew up their solutions. One of them won their election. The other one was an incumbent who had the advantage of knowing what was happening.

If you would like to meet with me or my deputy, please contact me at 337-4402/XXXX. As of next Friday, I won’t have an administrative assistant due to retirement and our inability to hire a replacement, so phone calls will go to my voice mail. Given the number of calls I receive a day, it might be awhile before I get back to you. Alternatively, you can respond to this email, or my office email at lkeeton@co.kitsap.wa.us.

Regards,

Larry Keeton

Director, Community Development

Kitsap County

This week, the Central Kitsap Reporter and the Bremerton Patriot newspapers included a special feature on local eateries where our readers go when they’re feeling down and out, want to remember the good old days or just simply want some good food.

For Central Kitsap, I had the pleasure of visiting and writing about the Big Apple Diner, 6720 Kitsap Way, and Aloha Kitchen, 10516 Silverdale Way. Staff writer Wesley Remmer helped out on the beat by visiting and writing about Seabeck mainstay, the Lone Rock Grocery and Deli.

Maybe you’ve been to these places or maybe you will try them out for the first time. Either way, bon appetit!

-Chris

Mackenzie Kleiva is going somewhere exotic for the summer.

It’s not quite the sandy beaches of the Caribbean or Bahamas, but the developing communities of Paraguay.

It’s winter there by the way.

Kleiva is one of four Central Kitsap High School students traveling to South America this summer to volunteer their time with youth in struggling communities in developing countries. A student from Kingston is also going.

Read about what Kleiva has to say about her trip and some details about what she will be doing, after the jump

The staff at the Central Kitsap Reporter and the Bremerton Patriot newspapers brought you, the readers, this week the stories of nine students who overcame tremendous adversity to walk across the stage this week and weekend.

Their stories often go untold, but feature students with true character and drive to succeed.

I know for me personally, the interviews with Central Kitsap students was both eye-opening and powerful. Listening to Li Kang Liao recall having been thrust into class at CK High not knowing a word of English put all the first day of school experiences I’ve ever had into perspective. Bethany Garcia’s narrative of moving from foster home to foster home and dealing with depression all the while struggling to stay focused on homework was inspiring. Richard Shields‘ battle with a blood disease and listening to his mother, Tracee McKinney, talk about the loss of time he should have spent as a young man playing football or hanging out with friends was difficult to put into words and do his story justice. It’s not only the students that learn. Jessica Kennedy’s parents, John and Vicki, explained how they too learned about individuality and that not every student, even just their four daughters, follow the same path to graduation.

So thank you Li Kang, Bethany, Richard and Jessica for sharing your story with the Central Kitsap Reporter. Best of luck to you and the rest of the Class of 2010.

-Chris

(http://insearchofmayberry.files.wordpress.com/2009/05/tags_title.jpg)

Many, including myself, treasure the memories of going fishing with the old man. Nothing beats sitting on the water’s edge attempting to undo an impossible knot in your fishing line.

The annual youth fishing derby is coming up — Saturday, June 19 — and registration is already closed. But, there’s still hope.

300 kids — the maximum — have already signed up. However, anyone interested can put themselves on a wait list with the county in case a spot opens up at one of the several sessions offered. The county’s parks department can be reached at (360) 337-5350.

It’s for kids 5 to 14 years old and costs $5. It doesn’t seem like much for a day relaxing and drinking a nice, cool juice box on the shore of Island Lake. The cost also includes the fishing rod and reel (which apparently they get to keep) and a T-shirt. Pretty rad deal if you ask me.

Here’s a poster with some information.

Arvilla Ohlde, president of the Bremerton Sportsman’s Club, said about 1,200 Rainbow Trout will be released in the lake for the event. So, even if you can’t get a spot during the actual event, you’ll likely catch something if you bring your gear down post-derby. It ends around 2 p.m., Ohlde said.

Because the event fills up quickly, Ohlde said organizers are considering adding an another day but likely not this year.

If any of ya’ll head out there, send me some pictures, I’d like to post them here on the CK Wire.

-Chris

Living in a house with a greenbelt in the backyard, I’ve grown accustomed to the local wildlife. Even in suburban East Bremerton, I’ve seen the occasional deer, the more-than-occasional raccoon and many winged creatures.

What I didn’t expect was the little furry fellas who made a home between our wood shutters and the house paneling.

My family is preparing to repaint the outside of the house. I was tasked with climbing up a ladder and prying wood shutters off the house in preparation for the painters. As I began prying with a force one might call menacing, a high-pitched screeching noise,  like a distressed chirp, tipped me off that something was living there and didn’t appreciate sharp metal being thrust into its home. Angry little chap.

I pried the wood away from the house enough to see what “it” was.

A bat. Two actually. From this picture you can only see one of them but trust me, his buddy was in there. It was clear when he (or she?) flew out  and nearly knocked me off the ladder from two stories up. The flash of imminent doom followed by relief that I kept my balance, followed by anger toward the bat left my body as I watched the creature fly directly into our neighbor’s satellite dish, bounce off, and lie motionless on the roof.

Seriously, it was sad.

But, the bat eventually took off again, apparently unharmed.

As for its shutter mate, he or she remained betwixt the shutter and the house. I removed the shutter carefully, having already pried most of it off.

The bat dropped to the ground. I thought for sure it was dead. I don’t fancy myself a bat killer you see, and I love Bruce Wayne so this was somewhat traumatic.

Don’t worry, he has since flown the roost and has disappeared into the skies of East Bremerton suburbia.

All-in-all, four bats were found, all of which flew away. Good luck guys.

Gerry Hayes, a biologist with the state Department of Fish and Wildlife, said there are at least 15 species of bats living in the state. Also, he said it’s not uncommon for them to make a home in attics or in any hole or crevice they can fit into.

Despite the negative association between bats and rabies, Hayes said he estimates that less than 1 percent of bats actually carry the virus. Still, he said, people should always avoid coming in direct contact with bats, dead or alive.

If homeowners discover bats and want to remove them, Hayes suggests calling local animal control or pest control specialists who can remove the bats without killing them. When occupying human dwellings, bats are not considered protected wildlife.

Instead of getting rid of them altogether, Hayes said residents should consider erecting a bat house giving the creatures another place to roost. With as many insects and pests the bats eat, it’s helpful to have them around.

Here’s a plan for a bat house I found over at http://www.batsnorthwest.org/

Oh, and I think I am going to submit a patent for this get-up you see here. It’s the soon-to-be-official bat encountering uniform. It’s going to make more money from it then say, a “nose cozy.” or the ubiquitous snuggie.

I’m a few days behind here on the ol’ CK Wire but here are some photos we ran last Friday for a rainy day photo spread.

(Above) Marie Whatley, an employee at the Bremerton Conference Center Starbucks, hauls garbage from the store in the rain June 2.

Check out more pictures after the jump

I wrote a story this week about the Kitsap County Sheriff’s Office gearing up for a possible visit from he-who-must-not-be-named-but-can-steal-airplanes-boats-and-cars-without-being-caught — the “barefoot bandit” himself, Colton Harris-Moore.

Colleen Armstrong, editor at Islands Sounder, hooked me up with a photo from a break-in at a local market up there where authorities believe he went Jack Bauer on an ATM.

Apparently the 19-year-old Camano Island version of Jesse James doesn’t have time to waste on those silly machines.

Exhibit A:

Be warned all you cash-dispensing automated tellers in Kitsap, Harris-Moore won’t take your outrageous usage fees lying down.

While working on a story for Friday’s paper, I came across a statistic that frankly, I didn’t believe when I heard it.

I attended a ceremony Monday at Klahowya Secondary School honoring graduating seniors in the Central Kitsap School District who are also of Native American descent. Superintendent Greg Lynch mentioned that about 1 percent of all CK students claim Native American heritage. But it was what he said next that seemed unreal — of that 1 percent more, than 90 tribes are represented.

I asked the district office about it and Spokesman David Beil confirmed it. Here’s the data he sent me.

I’m looking into this more for a full story, but it was too interesting not to share.

-Chris