Police question officer's story; Bellevue cop who killed man won't give voluntary statement
"We first thought that a ramming had taken place — that was the information we got from Hetle — but there's no physical indication of a ramming," said Marcia Harnden, department spokeswoman. "We're really trying to back off that assertion now."
Harnden said that scratches found on both vehicles could have been the result of a low-speed collision. "He could very well have perceived a ramming," she added.
Police investigators are still trying to figure out what happened Wednesday in The Palisades apartment complex parking lot when Hetle confronted Nelson Martínez, 24, after a domestic-violence complaint.
According to an initial police account, Hetle tried to pull his car in front of Martínez's Chevrolet Corsica and the cars collided head-on. Hetle said he got out of his car and perceived a threat, prompting him to fire twice at Martínez.
It was the second fatal shooting involving Hetle since September.
Chris Vick, Hetle's lawyer, said his client's statement about the collision — which was made at the scene — has to be taken in context with the trauma of the shooting. Often, adrenaline and stress skew an officer's perception, he said.
"I can tell you from trying a lot of these cases that from the viewpoint of an officer, the bad guy's gun is always bigger and the car is always faster," Vick said. Officers involved in shootings, for example, hardly ever can recall the number of shots fired, he said.
"The fact that contact (between the two cars) occurred is far more important than trying to characterize it," Vick said.
Court documents say that Hetle fired because he saw Martínez "going for something in his waistband." Police searched Martínez's body immediately after the shooting and found only a black wallet under his shirt and near his waist.
"These are just more pieces of a growing body of evidence we're obtaining, physically and through interviews," said Bellevue Police Chief James Montgomery. "Until we get all the information in, we're just not jumping to any conclusions about (Hetle's) actions, as to how appropriate they were."
Apart from what he said at the scene, Hetle has refused to provide any voluntary statements about what happened. He remains on paid administrative leave.
Montgomery said he expects a formal investigation to be completed by the middle of next week. The case will then be given to prosecutors, who will determine whether the shooting was justified.
A sworn statement by Bellevue police Officer Kyle Woodruff last week fills in some of the narrative:
Woodruff and another officer, Jim Boyd, were the first to arrive at the apartment in the 13600 block of Northeast 12th Street. A woman had called 911 and reported that a relative — later confirmed to be Martínez, her cousin — was threatening her with a knife.
Woodruff said he saw a Latino man get into a Corsica and speed off. He lost sight of the car as it rounded a corner. Woodruff said he then heard two or three gunshots, ran up to see what had happened and saw Hetle on the passenger side of his police car, with his gun drawn.
Woodruff said that when he asked Hetle what happened, Hetle said Martínez was reaching for something in his waistband. Woodruff said he checked Martínez for weapons and found only the wallet.
A more thorough search of the car a day after the shooting turned up a knife partially hidden under clothes in the passenger seat. Police have not confirmed if it was the knife Martínez allegedly used to threaten his cousin.
Vick said the department's decision to openly question Hetle's story about the collision is surprising and disturbing.
He said he is concerned that the department, which he believes should be supporting the officer, instead has cut him loose. Departments often are silent about investigations into police shootings and even more often are openly supportive and sympathetic of an officer involved in one, he said.
Montgomery can order Hetle to make a statement about what happened last week, but that information, by law, is considered coerced and may not be used in any criminal proceedings involving Hetle. Harnden said the department is not willing to give Hetle that kind of immunity yet.
Montgomery said he will hold private meetings with community residents, especially Latinos, within the next few days to ease concerns over the shooting.
Some Latino residents of the city have said Martínez's shooting has made them frightened of police.
"How can we trust in the police?" asked a resident of The Palisades apartments who gave her name only as Mrs. Mendez. "How can we call the police if we think they're not going to come out to resolve the problem but instead shoot someone?"
"I've got a community that is upset," Montgomery acknowledged. "We're very concerned about every member of this community having confidence in the police department."
A U.S. Department of Justice source said the FBI will likely open a preliminary civil-rights inquiry into the shooting.
Hetle, 33, a seven-year veteran of the force, was one of the two officers who shot and killed suspected bank robber Airen Lee Weaver last September at the Nordstrom Grill at Bellevue Square. The officers and Weaver, 23, exchanged gunfire in a hallway. Weaver was shot 12 times.
A civilian inquest jury and an internal review ruled the shooting was justified.
Seattle Times staff reporter David Olson contributed to this report.
Michael Ko can be reached at 206-515-5653, or at mko@seattletimes.com.