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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Thursday, October 29, 2009

Everett police witness: Officer seemed frustrated before shooting

The second officer says the victim was “ornery,” but lethal force may not have been necessary.

EVERETT — The Everett police officer who witnessed another cop fatally shoot a drunken man told investigators he believed the officer was frustrated before he pulled the trigger.

Officer Steven Klocker said Niles Meservey was drunk and “ornery” June 10, but didn't pose an immediate, lethal threat to officer Troy Meade or anyone else.

The officers were trying to coax the intoxicated Stanwood man from behind the wheel of his Chevrolet Corvette, which was parked outside the Chuckwagon Inn, where Meservey had been drinking.

He was belligerent. Meade was so “belittling” to the man that Klocker later said he hoped bystanders couldn't hear what his fellow officer was saying.

At one point, Meade told Meservey, “I don't know why the (expletive) I'm here to save your dumb (expletive) ... maybe to stop you from killing yourself driving,” Klocker recalled in a June 26 statement to detectives.

Sensing that the confrontation was going to get physical, Klocker said he pulled out his electronic stun gun and a police baton. He expected Meade was going to go “hands on” with Meservey. Instead, Meade used his stun gun and shocked Meservey twice.

But the man quickly recovered, started the car, and slammed into a fence.

Meade jumped back. He tossed away his stun gun, drew his handgun and opened fire.

“I would have never shot .... I don't think we had reached that level of force yet,” Klocker told detectives.

He expected Meade to shock Meservey again, or give him a blast of pepper spray.

As he pulled a dying Meservey from the Corvette, Klocker saw the stun gun probes still in the man's shoulder.

“I could see the probes were in him and I'm thinking as I'm dragging him ... why didn't we (shock) him again ... the probes are still in him?” Klocker is quoted in a police transcript.

Klocker told detectives he wasn't accusing anyone of losing their temper, but added, “Uh, I think I sensed a little of frustration.”

Meservey, 51, died in the parking lot. He'd been struck seven times by police bullets.

Prosecutors on Monday charged Meade, an 11-year veteran, with first-degree manslaughter.

Meade has declined to provide investigators a statement about the incident. His attorney, David Allen of Seattle, said he expects the officer will win acquittal at trial.

Klocker told investigators that immediately after the shooting, Meade said he believed their lives were in danger. The other cop then put his hands atop his head and “kinda just meandered away” to wait for backup.

Klocker's statements to detectives were included among the more than 900 pages of documents officials have released about the case under public records laws.

A Snohomish County sheriff's detective and a Monroe police detective interviewed Klocker a few hours after the shooting. He also submitted to more questions about two weeks later.

Meservey's Corvette was parked between two vehicles and could only drive forward into the fence or backward into Meade's patrol car.

Klocker told detectives he didn't think anyone in front of the car was in danger, and that the worst-case scenario was that the Corvette would back into the side of Meade's patrol car.

It wasn't until six days after the shooting that Klocker first told detectives he remembered Meade said something like, “Time to end this; enough is enough,” just before shooting Meservey.

The officer said he believed Meade was speaking to him — not the driver — before he opened fire.

Klocker told investigators he was concerned about what could happen. He told them he'd been involved in a previous use-of-force investigation involving another officer and had gone through “six months of hell.”

Detectives told Klocker he needed to do the right thing and tell the truth.

Diana Hefley: 425-339-3463, hefley@heraldnet.com.

COMMENTS

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Greg, I take it you did not read the report on the shooting. The law says to use reasonable force to gain control of person. All who watched this tragedy agree shooting was not required to gain control. The car was blocked with a curb, fence and patrol car, he was not going anywhere. Remember one of the witnesses was a fellow officer, he said shooting was beyond reasonable force. A Tazer, & pepper spray was available for the officer. He did use the tazer, he did not use his pepper spray. Useing both he may have got the driver to comply with the commands. An officer is trained to shoot only in a case of life and death. It appears life and death was not the case here.
todd christensen | Oct 31, 2009 9:05 am | 0 replies | Request removal

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Wake Up
Why is it all you IDIOTS are so fast to blame our law enforcement officers. My guess is you morons are always in trouble with the law for drinking, drugs, or just being stupid. The fact of the matter is this. Niles made a bad choice that ended in tragedy. He was the one that started this entire string of events. The cops didn't ask to be put into that position, but they are paid to protect us. Truth of the matter is I would rather see Niles dead, then some poor innocent family losing a loved one because Niles was being STUPID and trying to drive.
Wake up people Niles started, somebody else ended. Gee sorry it wasn't to your liking but too bad.
I feel sorry for Niles family for losing him, for him being STUPID, I feel just as sorry for the officer and his family. Now he has to live with the fact of killing somebody. Nobody won this.

Gregory Aarde | Oct 30, 2009 10:04 pm | 1 replies | Request removal

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(No heading)
Par for Everett PD. To them, everyone is a bad guy. How sad, and how scary.
J B | Oct 29, 2009 3:44 pm | 0 replies | Request removal

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Shock em , Spray em ,Shoot em,
Shock him in the shoulder.
Spray him in the face.
Shoot him in the Back.
GREAT PROCCESS!!!
ROT IN JAIL COPPER.

Johhnny Rotten | Oct 29, 2009 2:36 pm | 0 replies | Request removal

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(No heading)
I'm so sorry for this man's family. I keep reading about this and finally decided I needed to add my own two cents.
I've never been in trouble with the law and have, on several occassions, encountered police who have been amicable and helpful. However, I have also encountered police who seem abusive for no reason. It's almost as though they're trying to pick a fight to show which one would win. I don't understand this type of mentality.
There are good cops and bad cops no doubt. But if someone like myself, with no crimal background whatsoever, has been bullied by a cop, then I can only imagine what happens to others out there.

Kathryn Harnecker | Oct 29, 2009 2:14 pm | 0 replies | Request removal

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"WE..."
... why didn't "WE" (shock) him again ...

"WE"... Exactly! Why are "WE" not equally charged?

Every other criminal group that I have seen where death has occurred each has been charged no matter if they actually pulled the trigger or not, but then they were not wearing a blue uniform!

Prosecutors - Do the right thing and give Niles family the justice that they deserve. To not charge the criminal accomplice is a slap in the face to intelligent thinking people and justice everywhere.

Police - What has happened to "Protect and Serve"?

Community - When was the last time a police officer actually helped you? It seems as if they always do more harm than good... What a shame... My sincere condolences to Niles family...

DiGGer Don | Oct 29, 2009 11:56 am | 0 replies | Request removal

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PEPPER SPRAY MISSING IN ACTION
Hmmm...

Officer Meade could have sprayed the suspect with pepper spray, but decided not to do that.

More than likely, pepper spray would have totally incapacitated the suspect; and, we would not be looking at bullet holes in the back of the driver's seat.

However, for whatever reason, Officer Meade did not remember to try the pepper spray. Instead, a switch flipped to the kill mode; and, that was not a very good choice.

Regrettably, as we learn more about the incident, it becomes more and more apparent that Officer Meade made not one, but several mistakes in dealing with that suspect.

Whistle Berries | Oct 29, 2009 10:37 am | 0 replies | Request removal

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The car seat speaks for itself.
Mr. Meade's actions may well cost a law enforcement officer's life. The perception of trigger happy cops has been reinforced in the minds of the armed and marginally insane, leading them to fear even more irrationally, and to be more likely to "defend" themselves from a uniformed person who might really only want to offer a warning, or write a minor ticket. To let Mr. Meade walk is to put at risk not only officers, but the public, who often find themselves in the crossfire. Do the only honorable thing, Mr. Meade, plead guilty and spare us the waste of money that would be a trial. And you, Mr. Allen, please advise such to your client to do so to spare our community from the emotional trauma committed on jurors who have to sit through yet another of your trials. The car seat speaks for itself.
jon coulter | Oct 29, 2009 12:57 am | 1 replies | Request removal

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