Man shot by deputy had criminal history
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The 59-year-old man shot dead by an off-duty King County sheriff's deputy was involved in a shootout with Seattle police in 1972 and was convicted of a firearm-related crime in 1981 and another in 1984.
Robert Lee Thomas Sr. — who was shot Sunday while he sat in his pickup with his son, Robert Lee Thomas Jr., and the son's girlfriend — pleaded guilty to second-degree assault in 1972 after a shoot-out with an officer who was trying to arrest him for drunken driving.
Thomas started firing when the officer tried to take Thomas' gun, court documents say. Thomas was wounded in the leg. The officer was unharmed.
Thomas was sentenced to 10 years in prison, with all but one year suspended, King County Superior Court records show.
Downplaying Thomas' criminal past, Bradley Marshall, attorney for the Thomas family, said that in the recent incident the deputy had no reason to shoot.
In 1981, in another tangle with the law, Thomas made threats to kill his ex-girlfriend and her new boyfriend, according to court documents. Police staked out her house and when Thomas arrived, he was arrested. He was carrying a knife and a gun.
He was convicted of being a felon in possession of a handgun and sentenced to 90 days in work release.
Two years later, Thomas, a trucker, lost a bet to another man in a bar. The two scuffled, but then Thomas left. When he returned, he approached a man and woman who gave him a handgun, according to court records. He then shot the other man in the right shoulder, saying "You come any closer I'll kill you deader than hell.''
Thomas pleaded guilty to second-degree assault and was sent to prison.
Meanwhile, the son's girlfriend, Gina Marie Munnell, who also is known by the last name Vickroy, was arrested yesterday by King County Sheriff's deputies on a warrant issued last year for failing to show up for drug court. According to court records, Munnell was charged in May 2000 with felony drug possession but stopped showing up for court last spring. Her record also includes a misdemeanor conviction in 2000 for prostitution.
Yesterday, the son, Robert Lee Thomas Jr., said he and his father were unarmed when off-duty King County sheriff's deputy Melvin Miller fired three rounds into the cab of their pickup, killing the elder Thomas.
"It appeared to me that the gentleman was upset I was inquiring his name," said Thomas, who was wounded in the shooting. "He fired after the third time I asked him his name. 'Hi, sir. My name is Robert Thomas. What is your name?' That's what I said, verbatim."
As the Sheriff's Office continues its investigation into the shooting, the Thomas family invited the media to hear its version of the shooting that occurred in the unincorporated area east of Renton, near Miller's home.
"This is not a case about race, it's a case about people being killed," said attorney Marshall.
The Sheriff's Office yesterday didn't say whether Miller, 49 and an 18-year veteran of the Sheriff's Office, had given an official statement. Miller was to be interviewed by detectives yesterday.
After the shooting, Miller told investigators that the senior Thomas aimed a gun directly at him, prompting him to fire. A stolen .40-caliber Glock semiautomatic handgun was recovered from the truck, police said. It wasn't fired.
Marshall said if Miller continues to insist that the elder Thomas pulled out a gun, "I challenge him to a polygraph test."
The younger Thomas, 39, and his girlfriend, Gina-Marie Munnell, 40, who was in the back seat of the extended-cab pickup, said they did not even see the elder Thomas show a gun, let alone draw and aim it.
According to Thomas Jr., the three pulled over onto the shoulder at the 14400 block of 196th Avenue Southeast because they were heading to a friend's house for breakfast at 11:20 a.m. and got lost.
The elder Thomas wanted his son to listen to an old blues song on the radio.
The song was playing loudly and the windows were rolled down. A neighbor thought it was suspicious enough to call Miller. Miller agreed. Dressed in plainclothes, he walked down the street and approached the passenger side of the truck.
Thomas Jr. said he thought Miller was coming to help with directions.
But the very first words out of Miller's mouth, according to the younger Thomas, were, "Get the vehicle out of here now."
"I said, 'OK, no problem, what's your name?' "
"He said, 'You don't understand, you got to get this vehicle out of here now.' "
According to Munnell, Miller also said: "One chance is the only chance you have. Take it up the street."
At that point, Miller stepped back and drew his gun. The younger Thomas then said, "Dad, let's go."
Miller fired three times. One round hit the father in the chest and another hit the younger Thomas in the hand.
Munnell said Miller identified himself as a deputy only after he fired.
Thomas, who said he used to be an emergency medical technician in Oakland, Calif., said his father was alive after being shot once in the chest. He wanted to reach over to save him, but Miller said "if we moved a muscle, he'd kill us."
Marshall criticized King County Sheriff Dave Reichert for rushing to judgment.
Reichert on Monday said the elder Thomas belonged to a motorcycle gang. The sheriff also theorized that his judgment was impaired from using drugs at an all-night party.
In fact, the elder Thomas belonged to a South Seattle motorcycle enthusiast club called Magic Wheels. No drugs were found in the truck. The younger Thomas said he doesn't use drugs, and he is tested regularly at his job.
Marshall said he wants criminal charges filed against Miller and an apology from the Sheriff's Office. He also said the shooting should be investigated by the U.S. Department of Justice and not the Sheriff's Office.
Meanwhile, police from other agencies were quick to defend Miller and the Sheriff's Office, saying the debate over whether he was following policy by investigating the pickup in his neighborhood is irrelevant to the fact that Thomas apparently pulled a gun on him.
"The bottom line is that you're a police officer whether you're on- or off-duty, and as long as you have the training and ability to handle a situation, you're going to do it," said Duane Fish, Seattle police spokesman.
Fish also said it shouldn't matter whether Miller identified himself as an officer. A civilian with a legal pistol could shoot someone who pointed a gun at them, "and there isn't a prosecutor on the planet who is going to prosecute someone for protecting their own life. I want that same right afforded to police officers."
Michael Ko can be reached at 206-515-5653 or mko@seattletimes.com. Ian Ith can be reached at 206-464-2109 or iith@seattletimes.com.