Prosecutor finds officers’ use of deadly force lawful | Pierce County Prosecutor

Independent and concurrent investigations have been completed regarding the police shooting of Marcos Perea, 41, that resulted in his death.

Independent and concurrent investigations have been completed by the Pierce County Prosecutor’s Office, the Pierce County Medical Examiner’s Office, the Pierce County Sheriff’s Department, the Lakewood Police Department, the Steilacoom Police Department and the Cooperative Cities/Metro Crime Response Unit regarding the police shooting of Marcos Perea, 41, that resulted in his death.

Pierce County Prosecutor Mark Lindquist concluded the death was justifiable homicide under state law. “To protect themselves and the public, the officers had no option other than deadly force under the circumstances,” said Lindquist. “This shooting by officers was about as clearly justifiable as it gets.”

On February 20, 2016, at approximately 6:12 am, Marcos Perea entered the University Place Care Center at 5520 Bridgeport Way W, University Place, WA. Perea confronted his girlfriend, Jessica Ortega, who was an employee at the care facility. Perea shot Ortega several times with a handgun. Ortega died at the scene.

Perea fled the area in a green Honda southbound toward Lakewood. Officers responding to the shooting spotted a vehicle matching the description of Perea’s vehicle driving at a high rate of speed from the area. While officers pursued the vehicle, Perea pointed and fired a handgun out of the driver’s side window at the pursuing officers. The officers activated their vehicles’ emergency lights and sirens. Perea refused to yield to the officers’ attempts to stop him and continued driving at a high rate of speed southbound on I-5. During the pursuit Perea fired his gun several more times endangering officers and citizen drivers. One of the bullets, fired by Perea during the pursuit, struck one of the pursuing patrol vehicles.

Perea exited the freeway then got back on to I-5 northbound. Officers eventually stopped Perea’s vehicle with a controlled crash called a PIT maneuver. A short time later, Perea exited and took cover behind his vehicle. Officers gave verbal commands for Perea to surrender. Instead, Perea took off running and turned and fired several more shots at the officers. Numerous officers returned fire and Perea fell to the ground. While on the ground with his gun still in hand, Perea raised the gun despite the officers’ commands telling him to drop the gun. The officers fired their guns at Perea striking him numerous times. Perea was pronounced dead at the scene.

There is no evidence of criminal negligence, criminal intent, or criminal misconduct on the part of the law enforcement officers involved, and all evidence supports the conclusion that the officers acted in good faith and without malice.