~ Pierce County

Office of the Prosecuting Attorney Prosecutor Mary E. Robnett

930 Tacoma Avenue South , Room 946 (253) 798-7792
Tacoma, Washington 98402-2171 FAX : (253) 798-6636
Front Desk: (253) 798-7400 www.pierceprosecutor.org
pcprosatty@piercecountywa .gov

December 28, 2021

Chief Kurt Alfano

Buckley Police Department
146 S. Cedar Street
Buckley WA 98321

Chief Scott Engle

Puyallup Police Department
311 W. Pioneer
Puyallup WA 98371

Sheriff Ed Troyer
Pierce County Sherift's Department
County-City Building
930 Tacoma Avenue South
Tacoma WA 98402

Re: Officer Involved Fatal Incident

Tacoma Police Department Incident No. 20-307-00035
Prosecutor Case No. 202014288 / 202014289 / 202014290

Dear Chief Alfano, Chief Engle and Sheriff Troyer:

We have reviewed the independent investigations stemming from the officer-involved

shooting death of Quincy Bishop that occurred on November 1, 2020, in the City of Puyallup.
The investigations were conducted by the Tacoma Police Department (TPD), the Pierce
County Medical Examiner's Office, and the Investigative Services Unit (ISU) of the Pierce
County Prosecuting Attorney ' s Office.

Earlier in the day of the incident, Mr. Bishop was reported as a suspect in a domestic violence-
related assault and felony harassment that occurred in the Town of Carbonado. The Buckley
Police Department (BPD), which is contracted to provide police services to the Town of
Carbonado, responded to the scene. Probable cause for Mr. Bishop' s arrest was developed as
a result of this investigation. An officer from BPD, an officer from the Puyallup Police
Department (PPD), and two deputies from the Pierce County Sheriffs Department (PCSD)
responded to 1721 Kilt Court in Puyallup to contact Mr. Bishop on the evening of November
1, 2020.

Printed on recycled paper

December 28, 2021
Page 2

While making contact with Mr. Bishop, a struggle occurred, and an officer from BPD, an
officer from PPD, and a deputy from PCSD fired their service weapons at Mr. Bishop,
resulting in his death. Based upon the circumstances of the shooting and the subsequent
investigations, we conclude that the use of deadly force by the two officers and the deputy was
lawful and justified.

Investigations
On the date of the shooting, November 1, 2020, investigations into police use of force were
governed by former RCW 10.114.011 and current WAC 139-12-030. Former RCW
10.114.011 reads as follows in its entirety:

Except as required by federal consent decree, federal settlement agreement,

or federal court order, where the use of deadly force by a peace officer results
in death, substantial bodily harm, or great bodily harm, an independent
investigation must be completed to inform any determination of whether the
use of deadly force met the good faith standard established in RCW
9A.16.040 and satisfied other applicable laws and policies. The investigation
must be completely independent of the agency whose officer was involved in
the use of deadly force. The criminal justice training commission must adopt
rules establishing criteria to determine what qualifies as an independent
investigation pursuant to this section. 1

WAC 139-12-030 was adopted to establish criteria for an independent investigation as

required by RCW 10.114.011. Its effective date was January 6, 2020, prior to the officer-
involved shooting that occurred in this case. There are four fundamental precepts contained
in WAC 139-12-030: officer involved shooting investigations must be (1) independent;
(2) transparent; (3) communicative; and (4) credible.

It appears that the investigation in this case complied with former RCW I 0.114.011 and
current WAC 139-12-030. Officers from three agencies discharged their weapons in this
incident: the Buckley Police Department, the Puyallup Police Department, and the Pierce
County Sheriff's Department. The Tacoma Police Department, an agency that was not
involved in the use of deadly force, was the agency that investigated the officer-involved
shooting.

TPD named three community representatives to take part in this investigation. TPD Lieutenant
Ryan Lane was assigned as the fami ly liaison and met with Mr. Bishop' s family members.
Conflict of Interest Assessment Tool forms were completed for all involved officers and
deputies, all personnel investigating the incident, and all community representatives. Weekly
updates of the investigation were posted on the Pierce County Force Investigation Team website

1
https://leg. wa.gov/CodeReviser/RCWArchive/Documents/2020ffitle%20 I 0%20RCW.pdf. See p.126 of
126.
December 28, 2021
Page 3

from the time of the incident until the investigation was submitted to the Prosecuting Attorney's
Office for review. 2

The investigation in this case was independent and without influence from the involved
agencies. The following factors lead us to conclude that there was an independent investigation
of the use of deadly force as required under RCW 10.114.011 and WAC 139-12-030:

1) After using deadly force, officers on scene timely notified TPD, ISU, and the
Medical Examiner' s Office.
2) TPD investigated the incident. They gave ISU full access to the scene and made
themselves available for follow-up.
3) The scene remained intact, once it was determined that Mr. Bishop was
deceased.
4) TPD photographed and collected evidence at the scene. ISU investigators
viewed the scene photographs and the documentation of collected evidence
items.
5) TPD interviewed all known civilian and law enforcement witnesses and/or had
known witnesses submit written statements. ISU investigators attended some of
the interviews and were provided with copies of all statements.
6) The Medical Examiner' s Office responded and took possession of Mr. Bishop' s
body.
7) Each of the three law enforcement officers who used deadly force provided
written voluntary statements via their guild attorney. Other law enforcement
officers who were either on the scene at the time of the use of deadly force or
arrived immediately thereafter also provided written statements. Copies of each
statement were provided to TPD and ISU.
8) TPD shared with ISU all investigative reports, scene photos, evidence logs, and
witness statements. TPD then presented a case review to members of the
Prosecuting Attorney ' s Office.
9) An ISU investigator attended Mr. Bishop' s autopsy. Copies of the Medical
Examiner' s Office' s reports and photos were shared with both ISU and TPD.

Summary of Facts
The following summary is compiled from various police reports, interview transcripts, and
other documentation related to the events that occurred in this case. It is not intended to be a
complete recitation of all the information provided by these investigations. Rather, it is a
summary of relevant facts related to the incident that resulted in the death of Mr. Bishop.

2
https://www.piercecountywa.gov/7 I I 0/Independent-lnvestigation-Team. See "Press Releases - Puyallup
11 /2/2020"
December 28, 2021
Page 4

Carbonado Incident - 321 Park Drive

On November 1, 2020, BPD Officer Jack Frazier responded to 321 Park Drive in Carbonado
to a reported domestic incident. Ofc. Frazier contacted Jaida Coffin, who lived at the above
address. Ms. Coffin advised that Mr. Bishop, her ex-boyfriend and father of two of her
daughters, arrived at the residence at around 0900 hours. Mr. Bishop told Ms. Coffin that he
wanted to see their daughters. Ms. Coffin told Mr. Bishop to leave.

Ms. Coffin' s new boyfriend, Cody Wallace, was also inside the residence, and an argument
started between Mr. Bishop and Mr. Wallace. A physical altercation ensued, and eventually
Mr. Wallace left the residence to call 911 . While Mr. Wallace was outside, Mr. Bishop went
to the shop area and grabbed a torch that was attached to a propane tank. Mr. Bishop told Ms.
Coffin that he was going to light the house on fire with her and the children inside.

Ms. Coffin was able to grab the torch away from Mr. Bishop, who then grabbed a long bread
knife from a kitchen drawer. Mr. Bishop held the bread knife to Ms. Coffin' s throat and told
her he was going to kill her. When Ms. Coffin grabbed for the knife, Mr. Bishop moved the
knife, cutting her on her left hand between her pinky and ring fingers. Ofc. Frazier observed
fresh blood on Ms. Coffin' s hand where she said she had been cut.

Mr. Bishop reached into Ms. Coffin' s sweatshirt and took her iPhone 12 Max. Mr. Bishop then
left the house and drove away in his vehicle. Ms. Coffin called Mr. Bishop from her house
phone to tell him to return her iPhone. Mr. Bishop told Ms. Coffin that he was going to shoot
Mr. Wallace, and then burn down the house with Ms. Coffin and the children inside. Ms.
Coffin told Ofc. Frazier that there had been 3 children inside the house at the time of the
incident. Ms. Coffin also advised that she felt threatened while the knife was held to her throat,
and she was scared that Mr. Bishop would burn down the residence with her inside.

Ofc. Frazier took photos of Ms. Coffin' s injuries. A cut is visible in the photographs between
her fingers. Ofc. Frazier also collected the knife used in the incident. Photos show the blade to
be approximately 7 inches long.

At approximately 2000 hours on November 1, 2020, Buckley PD Officer Arthur Fetter arrived
at the Buckley Police station to start his shift. Ofc. Fetter' s supervising sergeant asked if Ofc.
Fetter was familiar with Mr. Bishop. Ofc. Fetter stated that he was, as he had a long-time
relationship with both Mr. Bishop and his brother Cory Bishop. Ofc. Fetter was advised by
Sgt. Adam Garrett that there was probable cause for Assault in the Second Degree and Felony
Harassment for Mr. Bishop.

Ofc. Fetter told Sgt. Garrett that approximately a month prior, Cory Bishop had contacted him
and advised that his brother was having a rough time and had threatened to use his gun if he
was contacted by police. Cory told Ofc. Fetter that he was afraid that his brother would shoot
an officer if he was stopped by police.
December 28, 2021
Page 5

Sgt. Garrett asked if Ofc. Fetter would be willing to attempt to make contact with Mr. Bishop
to bring him to the BPD station for questioning. Since Ofc. Fetter had a prior relationship with
both of the Bishop brothers, Ofc. Fetter believed that if he contacted Mr. Bishop it would
lessen the likelihood of a confrontation. Ofc. Fetter agreed to attempt to contact Mr. Bishop at
Cory Bishop' s residence.

Puyallup Incident - 1721 Kilt Court

While on the way to Cory Bishop's residence at 1721 Kilt Court in Puyallup, Ofc. Fetter
requested additional units to assist him. Ofc. Fetter met up with PPD Officer Barclay Tuell
and PCSD Deputies Bryan Ashmore and Travis Calderwood at the Safeway parking lot on the
comer of Shaw Road and Pioneer Avenue to provide a briefing. Ofc. Fetter advised the other
units assisting that there was probable cause for Mr. Bishop' s arrest. Ofc. Fetter also advised
the other units of his prior relationship with both Bishop brothers, and that he did not believe
they would have any issues with Mr. Bishop due to their relationship. The two officers and
two deputies then proceeded to 1721 Kilt Court.

Buckley PD Officer Arthur Fetter

As Ofc. Fetter arrived at that location, he observed Mr. Bishop on the front walkway of the
residence walking towards the roadway. Ofc. Fetter told Mr. Bishop that he needed to speak
with him. Mr. Bishop walked to his truck and stated that he needed to retrieve his wallet. Ofc.
Fetter walked to Mr. Bishop' s vehicle to observe his movements at or inside the truck.

Mr. Bishop sat down in the driver' s seat of his truck. Ofc. Fetter was by this point positioned
directly next to Mr. Bishop at the open door of the truck. Mr. Bishop was advised by Ofc.
Fetter that he needed to come with Ofc. Fetter to the police station to discuss the incident that
had occurred earlier in the day with Ms. Coffin. Mr. Bishop stated, " it' s he said she said" and
asked Ofc. Fetter if he had to come with him. Ofc. Fetter told Mr. Bishop that he would like
Mr. Bishop to come voluntarily so they could discuss the incident. Mr. Bishop told Ofc. Fetter
that he was unable to come to the police station and had to go to work. Ofc. Fetter then told
Mr. Bishop that he had to come to the police station and ordered him out of the vehicle.

Mr. Bishop did not comply and attempted to start the truck. Ofc. Fetter pulled the keys from
the ignition and began to pull Mr. Bishop from the vehicle. At that time, Mr. Bishop looked
down towards his groin and lifted his sweatshirt with his left hand. The grip and slide of what
appeared to be a semi-automatic pistol were visible in the belt line of Mr. Bishop' s pants. Mr.
Bishop reached down with his right hand and grabbed the grip of the pistol.

Ofc. Fetter yelled out "gun! " to warn the other officer and deputies on the scene. Ofc. Fetter
reached down with his left hand and placed it over Mr. Bishop's right hand, pushing down in
an effort to prevent Mr. Bishop from drawing the gun. Ofc. Fetter drew his service weapon
and placed it against Mr. Bishop' s cheek. Ofc. Fetter told Mr. Bishop to stop. Mr. Bishop made
no effort to comply and continued trying to access his gun.
December 28, 2021
Page 6

Ofc. Fetter realized he was not going to be able to continue to apply the pressure needed to
prevent Mr. Bishop from manipulating the firearm in his waistband. Ofc. Fetter then fired one
round at Mr. Bishop and believed that he had struck Mr. Bishop in the head. Ofc. Fetter pulled
away from his position next to the driver' s side door and realized that his firearm was no longer
operable. Ofc. Fetter cleared his firearm and approached the vehicle. Mr. Bishop was not
moving and appeared to be bleeding heavily.

Ofc. Fetter could hear Cory Bishop screaming. Cory told Ofc. Fetter that he had lied to him
and that Ofc. Fetter had killed his brother. Ofc. Fetter yelled to Cory that he did not want this
to happen. Ofc. Tuell and Dep. Calderwood then contacted Cory.

Ofc. Fetter ran to his patrol vehicle to obtain gloves while Dep. Ashmore remained with Mr.
Bishop. Once Ofc. Fetter put on gloves, he returned to Mr. Bishop' s vehicle and lifted his
sweatshirt. In Mr. Bishop' s waistband was a handgun. Dep. Ashmore photographed the
handgun prior to it being removed from Mr. Bishop' s pants by Ofc. Fetter. Ofc. Fetter rendered
the weapon safe and placed it into the bed of the pickup truck. The handgun was later
determined to be a Ruger SRI 911 and its magazine contained eight .45 caliber rounds.

Ofc. Fetter removed Mr. Bishop from the cab of the vehicle and placed him on the ground.
Multiple gunshot wounds were visible on Mr. Bishop' s body. Ofc. Fetter was advised by Dep.
Ashmore that Mr. Bishop did not have a pulse. Ofc. Fetter performed CPR on Mr. Bishop until
relieved by other arriving officers.

Puyallup PD Officer Barclay Tuell

Ofc. Tuell approached Cory Bishop' s residence on foot with Ofc. Fetter and Deputies
Ashmore and Calderwood. As Ofc. Tuell walked up to the house, he observed two white males
(later identified as Quincy and Cory Bishop) exit the residence. Ofc. Tuell observed Ofc. Fetter
talking to Quincy Bishop as they approached the pickup truck.

Ofc. Tuell heard Ofc. Fetter advise Mr. Bishop that he would either be allowed to walk to Ofc.
Fetter' s patrol vehicle and willingly go for an interview, or he would be handcuffed and forced
to go. After several minutes of conversation, Mr. Bishop attempted to start his vehicle. Ofc.
Fetter grabbed onto Mr. Bishop' s left arm and attempted to pull him out of the vehicle while
telling Mr. Bishop he was under arrest. Ofc. Tuell grabbed onto Mr. Bishop' s right shoulder
and clothing with both hands, attempting to pull him out of the vehicle.

Ofc. Tuell and Ofc. Fetter both struggled with Mr. Bishop, attempting to remove him from the
truck. Ofc. Tuell observed Mr. Bishop let go of the steering wheel with his right hand, which
quickly moved to his right hip. Ofc. Tuell heard Ofc. Fetter shout multiple times "he' s got a
gun." Ofc. Tuell let go of Mr. Bishop, stepped backward, and fired at Mr. Bishop. Ofc. Tuell
advised dispatch that shots had been fired and to start medical aid.
December 28, 2021
Page 7

Ofc. Tuell observed that Cory Bishop was visibly upset and escorted him to Ofc. Tuell's patrol
vehicle. Ofc. Tuell returned to take over CPR from Ofc. Fetter and was eventually relieved
once other officers arrived on the scene.

Pierce County Sheriff's Deputy Bryan Ashmore

Dep. Ashmore walked up to Cory Bishop' s residence and observed Ofc. Fetter contacting Mr.
Bishop next to a white pickup truck. Mr. Bishop sat down in the driver' s seat with Ofc. Fetter
standing near the open driver' s door.

Dep. Ashmore heard Ofc. Fetter tell Mr. Bishop that he wanted Mr. Bishop to go back to
Buckley PD to do an interview so Ofc. Fetter could get Mr. Bishop' s side of the incident that
had occurred earlier in the day. Mr. Bishop said something to the effect of "It' s a he-said she-
said, Fetter. I don' t have to go anywhere. I' m going to go to work." Ofc. Fetter told Mr. Bishop
"I want to get your side of the story. For that, we need to go back to the PD for an interview.
If you don' t want to give your side, we will have to go on her side alone and you will end up
going to jail tonight instead."

Mr. Bishop then leaned forward as if he was going to start the truck. Ofc. Fetter yelled "don' t
fucking do it! " as he began to struggle with Mr. Bishop. Dep. Ashmore ran to the passenger
side of the pickup truck. As Dep. Ashmore neared the passenger side of the truck, he heard
Ofc. Fetter shout "gun, gun he's got a gun! " Dep. Ashmore drew his firearm and observed
Ofc. Fetter and Mr. Bishop actively fighting in the driver' s seat. Both Ofc. Fetter and Mr.
Bishop had their hands near Mr. Bishop' s waistband.

Dep. Ashmore attempted to open the passenger side door, but it was locked. Dep. Ashmore
struck the passenger side window multiple times, attempting to break the glass to assist Ofc.
Fetter. Dep. Ashmore was unable to fire his service weapon, as he was concerned he would
hit Ofc. Fetter. Dep. Ashmore pulled out his flashlight and heard multiple gunshots. Dep.
Ashmore then moved to the rear of the truck, pointed his firearm at Mr. Bishop, and called out
"shots fired" over the radio while asking for additional units to respond to the scene. Dep.
Ashmore could hear Cory Bishop shout "what the fuck Fetter? You said it was going to be
ok! "

Dep. Ashmore confirmed that the other three law enforcement officers on scene were
uninjured. Dep. Ashmore then proceeded to the driver's side of the car, where Mr. Bishop was
unresponsive with a visible gunshot wound and blood dripping from his mouth. Ofc. Fetter
stated that Mr. Bishop still had a pulse and told Dep. Ashmore that the gun was still in Mr.
Bishop' s waistband. Ofc. Fetter raised Mr. Bishop' s sweatshirt, which revealed a 1911-style
pistol. Dep. Ashmore took two photographs of the firearm with his department-issued iPhone
before the firearm was removed from Mr. Bishop' s person. Ofc. Fetter then secured the
weapon and placed it in the bed of the truck.
December 28, 2021
Page 8

Dep. Ashmore and Ofc. Fetter then removed Mr. Bishop from the vehicle and rendered first
aid. Three gunshot wounds appeared to be visible on Mr. Bishop' s body. Ofc. Fetter began
performing chest compressions. Dep. Ashmore heard Ofc. Fetter saying to himself"fuck, fuck,
fuck, I didn't want that to happen" while performing CPR. Arriving units then took over
rendering aid for Ofc. Fetter. Dep. Ashmore realized he had blood on his hands, which he
cleaned off with water. Dep. Ashmore was then relieved and transported to be photographed
at Tacoma PD headquarters.

Pierce County Sheriff's Deputy Travis Calderwood

Dep. Calderwood observed Ofc. Fetter speaking with Mr. Bishop when he arrived at Cory
Bishop's residence. Mr. Bishop moved to the white pickup truck and sat in the driver' s seat.
Ofc. Fetter was on the driver' s side of the truck and Dep. Calderwood observed Ofc. Fetter
trying to coax Mr. Bishop out of the vehicle. Dep. Calderwood believed that Mr. Bishop was
agitated based on his tone of voice, and the fact that he was arguing with Ofc. Fetter.

Dep. Calderwood observed a physical altercation between Ofc. Fetter and Mr. Bishop inside
the vehicle. Dep. Calderwood moved to the passenger side of the vehicle to assist Dep.
Ashmore. As Dep. Calderwood reached the tailgate of the truck, he heard an officer yell "Gun!
Gun! Gun! Gun! "

Dep. Calderwood was at the back of the truck near the passenger side when he heard a loud
pop or cracking noise come from the area of the truck. Dep. Calderwood then drew his service
pistol, believing that Mr. Bishop had fired at Dep. Ashmore. Dep. Calderwood observed Dep.
Ashmore still upright, but he could not tell if he had been hit by gunfire. Dep. Calderwood
then heard multiple gunshots.

Believing that Mr. Bishop and Ofc. Fetter were now in a gunfight, Dep. Calderwood moved
to the driver' s side rear of the truck and fired his service weapon at Mr. Bishop. When Dep.
Calderwood stopped firing, he saw no movement from inside the vehicle and heard no gunfire
from inside the truck.

Dep. Calderwood could hear Cory Bishop yelling, walked over, and put his arm around Cory.
Cory was yelling "you lied to me" at Ofc. Fetter and asking, "is he dead?" Cory Bishop was
compliant but distraught, and was placed into a patrol car. Dep. Calderwood then observed
Ofc. Fetter remove the firearm from Mr. Bishop' s person and render it safe. The law
enforcement officers on scene then removed Mr. Bishop from the vehicle and began
performing first aid.
December 28, 2021
Page 9

Cory Bishop
Mr. Bishop's brother Cory received a text message from Ofc. Fetter in the evening of
November 1, 2020, asking for a phone call. Cory and Ofc. Fetter went to high school together
in Orting. Ofc. Fetter advised Cory that he needed to talk with Mr. Bishop about an incident
that had occurred earlier in the day. Cory told Ofc. Fetter that Mr. Bishop was not at Cory's
residence, but that he would call Ofc. Fetter when Mr. Bishop returned.

Mr. Bishop later returned to Cory's residence. Cory told Mr. Bishop that Ofc. Fetter wanted
to speak with him about the incident that had occurred earlier that day. Mr. Bishop stepped out
of the residence to grab something from his truck, and Cory observed multiple squad cars
pulling up to the residence. Ofc. Fetter met Mr. Bishop in the front yard and said he needed to
talk to Mr. Bishop at the police station.

Mr. Bishop asked Ofc. Fetter if he could drive his truck there and Ofc. Fetter advised that he
could not. Mr. Bishop said he needed to get his wallet from his truck and sat in the driver's
seat. Ofc. Fetter again advised Mr. Bishop that he needed to come to the station. Ofc. Fetter
grabbed Mr. Bishop and a physical struggle ensued. Cory heard Ofc. Fetter yell gun, and
multiple officers quickly fired on Mr. Bishop.

Cory yelled at Ofc. Fetter, calling him a liar. Cory was then placed into a patrol car by other
officers on the scene. Later that night, Cory was interviewed by TPD detectives.

Analysis
RCW 9A.16.040 governs use of deadly force by law enforcement officers. 3 It details when
homicide or the use of deadly force by a law enforcement officer is justifiable. Two specific
provisions in the statute apply to this incident. First, use of deadly force by a law enforcement
officer is deemed justifiable "when necessarily used by a peace officer meeting the good faith
standard of this section ... in the discharge of a legal duty." RCW 9A.l 6.040(1)(b). Second, use
of deadly force by a law enforcement officer is deemed justifiable "when necessarily used by
a peace officer meeting the good faith standard of this section ... to arrest or apprehend a person
who the officer reasonably believes has committed . .. a felony ." RCW 9A.16.040(1)(c)(i).

When an officer is considering whether to use deadly force while arresting or apprehending a
suspect under RCW 9A.16.040(1)(c)(i), the officer must have probable cause to believe the
suspect poses a threat of serious physical harm to the officer or others. RCW 9A.l 6.040(2). A
circumstance which may be considered by an officer to be a threat of serious physical harm is
a suspect threatening an officer with a weapon or displaying a weapon in a manner which
could reasonably be construed as threatening. RCW 9A.l 6.040(2)(a). Another circumstance
which may be considered by an officer to be a threat of serious physical harm, is the officer
having probable cause to believe that the suspect has committed any crime involving the
infliction or threatened infliction of serious bodily harm. RCW 9A.16.040(2)(b).

3
https://app.leg.wa.gov/RCW/default.aspx?cite=9A.16.040
December 28, 2021
Page 10

Both applicable provisions - RCW 9A.16.040(1)(b) and RCW 9A.16.040(1)(c)(i) - share two
defined elements: "necessary" and "good faith." '"Necessary' means that no reasonably
effective alternative to the use of force appeared to exist and that the amount of force used was
reasonable to effect the lawful purpose intended." RCW 9A.16.010(1). "Good faith" is defined
as:

[A]n objective standard which shall consider all the facts, circumstances, and
information known to the officer at the time to determine whether a similarly
situated reasonable officer would have believed that the use of deadly force was
necessary to prevent death or serious physical harm to the officer or another
individual.

RCW 9A.16.040(4).

The result of these statutory provisions is that there are essentially three questions to be
answered in this case:

1. Were Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood discharging a legal duty at the
time deadly forced was used?

2. Were Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood attempting to arrest or apprehend
a person they reasonably believed had committed a felony and did they have probable
cause to believe that Mr. Bishop posed a threat of serious physical harm at the time
deadly force was used?

3. When they used deadly force, were Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood
acting in good faith and was it necessary?

Discharge of Duty - RCW 9A. J6. 040(J) (b)

In this case, law enforcement' s use of deadly force was justified under the "discharge of duty"
provision in RCW 9A.16.040(1)(b). Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood were
discharging their legal duties when they attempted to contact Mr. Bishop, as there was
probable cause for Mr. Bishop's arrest for Assault in the Second Degree and Felony
Harassment. These facts are sufficient under RCW 9A.16.040(1 )(b ).

Arrest or Apprehend - RCW 9A.16.040(J)(c)(i)

Law enforcement's use of deadly force was also justified under the "arrest or apprehend"
provision ofRCW 9A.16.040(1)(c)(i). Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood were all
aware that there was probable cause for Mr. Bishop' s arrest based on the incident that had
occurred in Carbonado earlier on November 1, 2020. There was a lawful basis to arrest or
detain Mr. Bishop at the time of the shooting.
December 28, 2021
Page 11

Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood also had probable cause to believe that if they
failed to apprehend Mr. Bishop, he posed a threat of serious physical harm to themselves or
others under RCW 9A.16.040(2) as a result of the earlier incident in Carbonado and Mr.
Bishop' s actions immediately prior to the shooting. Mr. Bishop had committed an assault with
a deadly weapon earlier in the day and had threatened to bum down a residence with his ex-
girlfriend and children inside. Mr. Bishop also threatened to shoot Mr. Wallace. Ofc. Fetter
observed a firearm on Mr. Bishop' s person and struggled with Mr. Bishop for control of that
firearm.

Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood were faced with a suspect who had committed
a serious felony involving a threat to physically harm or kill his victim. The suspect had also
threatened to shoot the new boyfriend of his ex-girlfriend. That same suspect then attempted
to gain control of a handgun concealed on his person during a physical struggle with a law
enforcement officer. These facts are sufficient under RCW 9A.16.040(2)(a) and (b).

Good Faith - RCW 9A. I 6.040(4)

Applying an objective standard, we find that law enforcement used deadly force in good faith
as required by RCW 9A.16.040(4). To apply this standard, one must look at the facts that each
law enforcement officer who used deadly force knew at the time of the shooting. Ofc. Fetter,
Ofc. Tuell, and Dep. Calderwood all acted with a good faith belief that deadly force was
necessary to prevent death or serious bodily harm to themselves or others.

Mr. Bishop was carrying a Ruger SR1911 firearm with a magazine loaded with eight .45
caliber rounds on his person in the waistband of his pants. Ofc. Fetter believed that Mr. Bishop
was attempting to access the firearm concealed in his waistband. Ofc. Fetter physically
struggled with Mr. Bishop for control of the handgun. Ofc. Fetter was pressing down on the
firearm with his left hand while Mr. Bishop was attempting to draw the weapon. Even after
Ofc. Fetter drew his service weapon with his right hand and placed it against Mr. Bishop' s
cheek, Mr. Bishop continued to try to gain control of the firearm concealed on his person.

Ofc. Fetter called out to the other law enforcement officers on the scene that Mr. Bishop had
a gun. Ofc. Fetter' s belief that Mr. Bishop was attempting to access the firearm in an effort to
use it was reasonable given the circumstances. Ofc. Fetter' s decision to fire his service weapon
was justified and was done in good faith, as it was reasonable for a similarly situated
reasonable officer to believe that deadly force was necessary to prevent death or serious bodily
harm to himself or others.

Ofc. Tuell observed a physical struggle between Ofc. Fetter and Mr. Bishop. Ofc. Tuell saw
Mr. Bishop reaching for his waist, where the firearm was concealed. Ofc. Tuell fired his
service weapon at Mr. Bishop after hearing Ofc. Fetter shout that Mr. Bishop had a gun. Ofc.
Tuell ' s decision to fire his service weapon was justified and was done in good faith, as it was
reasonable for a similarly situated reasonable officer to believe that deadly force was necessary
to prevent death or serious bodily harm to himself or others.
December 28, 2021
Page 12

Dep. Calderwood observed a physical struggle between Ofc. Fetter and Mr. Bishop. As Dep.
Calderwood moved to assist Ofc. Fetter, he heard Ofc. Fetter shout "Gun! Gun! Gun! Gun!"
Dep. Calderwood then heard what he believed to be a shot fired, and thought that Mr. Bishop
had fired at Ofc. Fetter. Dep. Calderwood fired his service weapon at Mr. Bishop after hearing
Ofc. Fetter shout that Mr. Bishop had a gun and hearing a shot fired. Dep. Calderwood's
decision to fire his service weapon was justified and was done in good faith, as it was
reasonable for a similarly situated reasonable officer to believe that deadly force was necessary
to prevent death or serious bodily harm to himself or others.

General Justifiable Homicide Statute - RCW 9A. I 6. 050

The general justifiable homicide statute applies to law enforcement, just as it does to all other
citizens. (See RCW 9A.16.040(5)(a) - "This section shall not be construed as [a]ffecting the
permissible use of force by a person acting under the authority of... 9A.16.050.") Under the
general use of force statute, homicide is justifiable when:

In the lawful defense of the slayer .. . or of any other person in his or her presence
or company, when there is reasonable ground to apprehend a design on the part
of the person slain to commit a felony or to do some great personal injury to the
slayer or to any such person, and there is imminent danger of such design being
accomplished ...

RCW 9A.16.050(1).

The Washington Pattern Jury Instructions supplement the general justifiable homicide statute
and note that one must evaluate the slayer's act by an objective standard. See WPIC 16.02(3). 4
The law defines "great personal injury" as "an injury that the slayer reasonably believed, in
light of all the facts and circumstances known at the time, would produce severe pain and
suffering, if it were inflicted upon either the slayer or another person." WPIC 2.04.01.

In this case, the use of deadly force by Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood was
justified under the general justifiable homicide statute. RCW 9A. l 6.050(1 ). All three law
enforcement officers who used deadly force had a reasonable belief that Mr. Bishop intended
to inflict great personal injury upon themselves or other law enforcement officers who were
on the scene.

Mr. Bishop had earlier in the day threatened to shoot Mr. Wallace. Mr. Bishop' s decision to
attempt to draw a firearm during a physical struggle gave Ofc. Fetter a reasonable ground to
apprehend a design on the part of Mr. Bishop to commit a felony or do some great personal
injury to him or the other officers on the scene. Mr. Bishop's continued efforts to obtain control

4
That objective standard is, " [T]he slayer employed such force and means as a reasonably prudent person
would use under the same or sim ilar conditions as they reasonably appeared to the slayer, taking into
consideration all the facts and circumstances as they appeared to [him] [her], at the time of [and prior to] the
incident." WPIC 16.02(3).
December 28, 2021
Page 13

of the firearm during the physical struggle for control of the weapon created an imminent
danger of such a design being accomplished. As a result, Ofc. Fetter, Ofc. Tuell, and Dep.
Calderwood lawfully used deadly force under the general justifiable homicide statute. RCW
9A.16.050(1).

Conclusion
Ofc. Fetter, Ofc. Tuell, and Dep. Calderwood all used necessary and reasonable force given
the circumstances. Their use of deadly force was authorized by RCWs 9A.16.040(1)(b),
9A.16.040(1)(c), and RCW 9A.16.050(1). We conclude that the use of deadly force by the
officers and deputy was justified and lawful.

Sincerely,

Mary E. Robnett
Pierce County Prosecuting Attorney

Bryce Nelson
Deputy Prosecuting Attorney
Pierce County Prosecuting Attorney ' s Office

cc: Detective James Buchanan, Tacoma Police Department