Suspect in deputy killing just ended prison term

NEWCASTLE — The naked and highly agitated man who shot and killed a King County sheriff's deputy Saturday had been released 11 days earlier from a Washington state prison, where he was serving time for assaulting a police officer.

Sheriff Dave Reichert identified the slain officer as 46-year-old Richard Herzog, a seven-year veteran of the force who had served 20 years in the Army Special Forces.

King County Jail logs identified the suspect as Ronald Keith Matthews, 43.

Washington court records show Matthews has a long history of felony convictions, including for assault, check fraud, a weapons violation, malicious mischief and use and possession of drugs.

He served five months for assaulting a Bellevue police officer in September.

Matthews, who was arrested about 45 minutes after the shooting at a nearby apartment, is being held in the King County Jail for investigation of aggravated first-degree homicide. He could make a court appearance today.

Herzog, who was wearing a protective vest, had been sent to the Newport Crossing Apartments at 7311 Coal Creek Parkway S.E. in Newcastle, southeast of Bellevue, just after 5 p.m. in response to a report of a naked man dodging cars in the street.

Newcastle contracts with the county to provide police service. Herzog had worked in the six-man department the past two years, said Newcastle Police Chief Shawn Ledford.

Herzog was the only officer on duty at the time, Ledford said.

"That's not unusual," the chief added. "It varies; sometimes we have two people on per shift, sometimes one."

Ledford said Herzog, after arriving, called for backup from the sheriff's office, which patrols surrounding unincorporated areas. Ledford didn't know if Herzog had called before or after he got out of his car.

Witnesses and police say the deputy got out of his car and attempted to calm Matthews, who had been wandering through traffic and had stood in front of a Metro bus.

Moments later, the deputy sprayed the naked man with pepper spray to try to subdue him.

According to witnesses, the two scuffled and the man grabbed Herzog's .40-caliber semiautomatic Glock handgun.

Herzog retreated, and police and witnesses say the assailant repeatedly shot him. Some witnesses said the man stood over the fallen deputy and fired several times from nearly point-blank range.

"It certainly appears," Reichert said, "that Deputy Herzog was executed."

Matthews is black, and Reichert bristled when questioned about whether Matthews' race might have played some role as Herzog confronted him.

The sheriff's office has been embroiled in controversy since April, when Melvin Miller, an off-duty white deputy, shot and killed an African-American man sitting in a truck parked in Miller's neighborhood.

Reichert was emphatic that his deputies don't consider race or their public image when responding to calls.

"I know you all are thinking this, so I'm just going to be blunt about it and get to the point: Race isn't important," Reichert said. "Race doesn't make any difference to us. In the Deputy Miller case, race did not matter, and in this case race did not matter.

"We're sick and tired of being labeled as racist, and we're sick and tired of being nit-picked about decisions we make every day."

Reichert said the focus should be on training and funding. His department needs money to buy effective nonlethal weapons, and his deputies need training to use them.

The county, however, is in a budget crunch and the council has not given him the money for those tools, the sheriff said.

Firearms-training experts say anything that might clutter an officer's thinking or slow his reactions in a crisis can be fatal. An assailant can close distance in a split-second of indecision.

"Mindset is everything in these situations," said Robert Bossey, executive director of the International Association of Law Enforcement Firearms Instructors in Gilford, N.H. "I can guarantee you that this deputy didn't wake up this morning saying, 'I hope I'm in a fight for my life today.'

"There's a multitude of things that go through an officer's mind, foremost of which is, 'Am I doing the right thing?' "

Bossey said the best defense an officer has is to keep distance between himself and his assailant.

"Once you go hands-on, you're in trouble," he said.

A 1994 study published in the American Journal of Public Health showed that one out of every five police officers shot in the previous 15 years was shot with his own firearm.

Herzog leaves behind a wife of 20 years and two teenage daughters, one of whom just graduated from high school.

Ledford called Herzog a friend and said he was an exemplary officer who talked a lot about his family.

"Rich was a good guy," said Ledford as he choked up during a news conference yesterday at Newcastle City Hall. "He was a real hardworking officer. He was a dedicated family man who talked about his family and children. He worked hard so his wife wouldn't have to work outside of the home."

Reichert said he spoke with Herzog's wife and children at their Puyallup home until 1 a.m. yesterday.

He called it one of the hardest things he has had to do in his 30-year career.

"There's nothing you can say," Reichert said. "We just held each other for a while and cried. The family is devastated."

A makeshift memorial sprang up alongside the road where the deputy died. Some people paused to pray and drop off flowers and homemade cards.

"He gave his life for all of us, and probably saved a lot more people," said Shellie Smith from nearby Newport Hills, who stopped by the memorial yesterday morning. "I wish he could have been saved."

Seattle Times staff reporters J.J. Jensen and Mike Carter contributed to this report. Brian Joseph can be reached at 206-464-2509 or bjoseph@seattletimes.com.