Officer Who Killed Suspect Fights Dismissal -- Auburn Says Shooting Not Main Factor In Firing

AUBURN - A police officer fired two weeks after shooting and killing a burglary suspect will fight the dismissal through his union.

The Auburn Police Officers Guild agreed yesterday to represent Robert Michnick, who shot a Tacoma man in the back of the neck on Dec. 14 after a chase and report of a burglary.

Michnick was fired Dec. 29. Auburn Police Department officials have refused to specify why he was dismissed, but Police Chief Jake Evans acknowledged yesterday that the shooting was a factor.

David Snyder, the guild's lawyer in Portland, said, ``We are representing him as far as looking into possible ways he can challenge his dismissal.'' Possibilities include a civil-service appeal, Snyder said.

Even though the five-member executive branch of the guild met with Snyder for an hour and a half, no decision was made as to whether the guild leaders believe Michnick had been unjustly fired.

Evans said Michnick, who had been with the department just short of one year, failed to pass probation.

``I'd be lying if I said the shooting wasn't a factor,'' Evans said. ``But it was not the deciding factor.''

A department investigation into the shooting has not been completed.

Samuel Johnson, 41, and Jesse Lee Davis, 34, both of Tacoma, were suspects in the burglary of a Radio Shack store in the early morning of Dec. 14. A chase ensued. When the suspects crashed their stolen van outside a funeral home, they fled on foot.

Michnick shot Johnson after police said he charged the officer with what appeared to be a gun, according to police reports. But police said later that Johnson was shot in the back of the neck. No weapon was ever found.

Evans said he expects the investigation of the shooting to be concluded by the end of next week, after police receive a final report from the Washington State Crime Laboratory. At that time, an internal shooting review board will meet to determine whether Michnick acted within departmental guidelines when he shot Johnson.

In an previous incident, Michnick shot a man while he was working for the Costa Mesa, Calif., Police Department. In December 1987, a man believed to be part of a neighborhood dispute was shot when he pointed a gun at officers and refused to drop the weapon, said Costa Mesa police Capt. George Lorton.

The shooting was labeled a justifiable homicide by the Orange County district attorney.

Lorton said three officers were involved in the incident and would not discuss details.

Lorton said Michnick was highly regarded by Costa Mesa police and left of his own free will after an eight-year tenure.

``In fact, the chief said he told him he would be welcome back here if things didn't work out'' in Auburn, Lorton said.

In Auburn, Michnick's record has been a clean one, Evans said. In fact, Evans confirmed that Michnick had been selected out of a field of about 10 candidates for a promotion to detective in the Narcotics Division, a highly sought-after assignment.

``They only take the cream of the crop'' for the detective position, said John Calkins, guild president.

But Evans said ``there may be things that are not in his (Michnick's) record'' that contributed to his firing. He did not elaborate.