Pubdate: Fri, 03 Feb 2012
Source: North Kitsap Herald (WA)
Copyright: 2012 North Kitsap Herald
Contact:  http://www.northkitsapherald.com/
Details: http://www.mapinc.org/media/2609
Author: Megan Stephenson
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

PROSECUTING ATTORNEY: SHOOTING OF THOMAS BLACK JUSTIFIED

SUQUAMISH -- The shooting of Thomas Anthony Black on Dec. 8 was found 
justified by the Kitsap County Prosecutor's review of the 
investigation. The pathologist found a high amount of methamphetamine 
in Black's system, which he reported as a contributing factor of his death.

Prosecutor Russell Hague released his memorandum Feb. 3 after 
reviewing the Sheriff Department's investigative report for nearly 
one month. Black, 44, was killed Dec. 8 when police attempted to 
serve an arrest warrant on Stacy Callihoo, 42, who was in the Black 
home. The warrant was issued by Port Gamble S'Klallam Tribal Court 
and being served by Port Gamble S'Klallam, Suquamish and Kitsap 
County Sheriff's officers.

Hauge wrote that among the evidence presented to him was footage from 
body cameras worn by Suquamish officers. This evidence identified the 
officer in the lead position, Det. Greg Graves of the Port Gamble 
S'Klallam Police Department, as the officer that fired his service 
weapon at Black.

Hague also concludes that Black "made the worst choice possible under 
the circumstances."

"If Black had at that time raised both of his hands, he would have 
allayed the growing and reasonable fears of the officers," according 
to Hague's report. "They were in a dark room in a house associated 
with drug dealing. They knew that a dangerous fugitive was somewhere 
inside. Their training and experience demanded that they assure 
themselves that the person before them presented no threat.

"But this person, aware of but ignoring their status as police 
officers, was giving clear signals that he was not going to respond 
rationally to the situation. It was quite possible that he had a 
firearm concealed under the blankets and pillows. If he was given the 
opportunity to use a concealed pistol, any of the officers could be 
injured or killed."

Shortly after Hauge released his report, the Port Gamble S'Klallam 
Tribe released a statement.

"We appreciate the thorough work of the Kitsap County Prosecuting 
Attorney's Office and the Kitsap County Sherriff's Department during 
this investigation. While we're saddened that this situation resulted 
in the loss of life, Detective Graves acted in accordance with his 
training to protect himself, his fellow officers, and the public 
during a difficult and stressful situation."

Graves was placed on administrative leave immediately following the 
shooting, and he has been fully reinstated, according to Police Chief 
Carl Gilje, Sr. of the Port Gamble S'Klallam Tribe.

The pathologist determined the cause of death to be "gunshot wounds 
with acute methamphetamine intoxication as a contributing factor."

Black's blood level at the time of his death was 0.44 milligrams of 
meth per liter -- a very high amount, according to Wilson. Users of 
methamphetamine experience effects such as intensifying emotions, 
altering self-esteem, increasing alertness and aggression.

After Callihoo was taken into custody, the police searched the house 
and found marijuana, methamphetamine, heroin, evidence of drug 
dealing, but no firearms.

Initial reports after the shooting occurred stated that officers were 
fired at inside the house, and later a toy gun was recovered from the 
residence. Sergeant Sanchez of the Suquamish Police Department 
reported "he saw Black point a silver-colored semi-automatic pistol 
at them and fire at least three shots," according to the report. A 
search of the house after Callihoo was arrested found several 
silver-colored remote controls, and a plastic gun painted black.

"Sgt. Sanchez was obviously mistaken," Hague states in his report. 
"However, these facts are not relevant to the decision we face here. 
Det. Graves and the other officers who confronted Black had every 
reason to suspect that he posed a threat of serious physical harm.

"Whatever [Black] might have been thinking, there is no evidence that 
Black had access to any kind of firearm."

Hauge said the prosecuting attorney's office was treating it just 
like any criminal investigation. "Deadly force was used, somebody 
lost their life. The first question we asked is whether a crime was 
committed," he said.

In his 16-year career with the Kitsap County Prosecutors office, 
Hauge said he's seen about 10 officer-related shooting investigations.

These investigations are "the one thing in the office that I make 
sure I'm involved in and take responsibility for from start to finish."

Sheriff spokesman Deputy Scott Wilson said, after an officer-related 
shooting, members of the public often ask about officer shooting 
methods. Graves shot five rounds, two of which hit and wounded Black.

"It is a long discussion to be able to explain the motor physics of 
an officer shooting," Wilson said. Officers are "instructed to stop 
the threat, however you need to do that.

"[Officers] have to be accountable for your bullets."

Callihoo, who is Port Gamble S'Klallam, was charged Dec. 23 for 
failure to appear in tribal court for a probation violation; he was 
on probation for indecent liberties and assault. He is now serving 
two years in Chehalis Tribal Jail.
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MAP posted-by: Jay Bergstrom