Auburn Hit In Claim By Fired Officer

AUBURN - An Auburn police officer, fired last year after he fatally shot a burglary suspect, has filed a $1.5 million claim against the city as part of an effort to get back his job.

Robert Michnick, 35, protested his dismissal and a decision by an Auburn police shooting-review board that the shooting of Samuel Johnson, 41, violated departmental guidelines.

The city and the Police Department ``did me wrong,'' Michnick said yesterday in an interview. ``There was a great attempt to make me look bad.''

City Attorney Marguerite Schellentrager would not comment on the claim, filed last week. If the city rejects the claim, Michnick could file a lawsuit against Auburn.

In May, the King County prosecutor's office reviewed the shooting and determined that criminal charges against Michnick were not warranted. Earlier, an inquest jury found that Michnick believed his life was in danger and that the shooting was justified.

On Dec. 14, Johnson and Jesse Davis, both of Tacoma, led police on a chase after allegedly breaking into a Radio Shack store. The two men crashed their stolen van into a ditch and ran behind a funeral home.

Michnick told the inquest jury that Johnson clasped his hands to his chest as if he had a weapon and began charging the officer even after Michnick told him to stop. Johnson, who was shot in the back of the neck, turned out to be unarmed.

Michnick was fired two weeks after the shooting. The department's review board, composed of three Auburn police officials, said the shooting violated departmental guidelines and that there were questions as to whether the shooting happened the way Michnick said it did. ``We had some doubts about his veracity,'' said Police Chief Jake Evans.

While the shooting contributed to Michnick's dismissal, it was not the only reason, said Evans, who launched an investigation of Michnick's job performance following the incident.

According to statements contained in Michnick's personnel file, six officers said they felt Michnick was too aggressive in his work, and some of them said they would quit rather than work with him again.

Michnick, an 11-year police veteran, had been with the Auburn force just short of one year.

Michnick said he has not pursued other police work since his firing. ``Until this matter is cleared up, who would hire me?'' he asked.

It may be some time before all the legal issues are resolved in this case. The city of Auburn recently denied a $5 million wrongful-death claim filed by Johnson's family. The claim alleged, in part, that the shooting was racially motivated. Johnson was black, and Michnick is white.

``We found that the city wasn't liable,'' said Mark Bucklin, a Seattle lawyer who represents the city on insurance matters. ``We don't think the city did anything wrong.''

Gerald Burke, the Tacoma lawyer representing Johnson's family, said he is looking at a range of options, from dropping the whole matter to suing the city. Johnson's family has also filed a $5 million wrongful-death suit against Michnick personally. Michnick's lawyer is reviewing the case.