Prosecutor: Fatal Shots By Centralia Officer Justified

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Lewis County Prosecutor Jonathan Meyer has ruled that Centralia Police Officer Phil Weismiller was justified in using deadly force when he shot and killed 48-year-old Joseph R. Wharton on Feb. 13.

“While the loss of life is tragic under any circumstance, the officer in this matter defended himself and a fellow officer from an armed assailant,” Meyer wrote in a press release late Friday.

The confrontation started when Centralia Police Officer Tracy Murphy saw Wharton behind Fiddlers Coffee on the 1200 block of Mellen Street at 2:20 a.m.

Murphy was conducting extra patrols in the area because he had previously spoken to the owner of the coffee shop regarding a suspicious person in the area earlier that day, according to a letter detailing the circumstances of the investigation.

When Murphy tried to talk to Wharton, the man attempted to hide something in his sweatshirt and began walking away from Murphy. When Murphy yelled at him to stop, Wharton shouted obscenities, kept his hand in his pocket and appeared “all sorts of agitated,” according to the report.

Murphy, who was in his patrol car, followed the man across Mellen Street and into a parking lot near an abandoned building. Toward the back of the parking lot, Murphy got out of his car and again told Wharton to stop. Wharton pulled out a knife that had its blade fully extended, kept the other hand in his pocket, and told the officer that he was also armed with a gun, according to the report.

Murphy radioed to responding officers that the man was armed with a knife, and that he was also possibly carrying a gun. Weismiller, who was already on his way, activated his lights and sirens and arrived just as Wharton began running away.

Weismiller chased him on foot while Murphy drove around the block in an attempt to cut him off.

Weismiller caught up to Wharton on the east side of a house at 1215 Elm Street where Wharton attempted to climb over a fence, according to the report.

Wharton then jumped down from the fence and took a step toward the officer, which caused Weismiller to take a step back. As Weismiller held his weapon and flashlight, Wharton looked around, still holding a knife in one hand while clenching his fist. according to the report.

Investigators later determined that the officer and Wharton were standing less than 15 feet away from one another.



When told multiple times to drop the knife, Wharton replied, “I’m not going back to (expletive) jail,” according to the report.

Weismiller told him if he didn’t drop the knife, he would shoot him, and Wharton replied: “Go ahead and (expletive) shoot me. I wanna (expletive) die.”

At that point, Weismiller told investigating detectives that Wharton “screamed” and acted like he was getting himself “mentally, physically prepared.” He then took a step in Weismiller’s direction and the officer shot him three times.

Weismiller said he did not think the bullets hit him, so he fired an additional five shots, according to the report.

Murphy was still in his patrol car driving around the block when the shooting occurred.

Throughout the confrontation, Wharton, who appeared agitated, did not obey repeated orders to show his hands, drop the knife or stop running.

Wharton’s long-term girlfriend, Sandra Ziady, previously told The Chronicle that law enforcement’s description of the series of events did not sound like something Wharton would do, and that it sounded unusual for him to run from the police.

She also said he had a history of drug use but to her knowledge was not under the influence of drugs the night of his death, though she said he had been drinking “a little.”

Wharton’s lengthy criminal record spans across several states and appears to tell a different story. He has several prior arrests for escaping from jail, resisting arrest, intimidating witnesses, assaulting officers and fleeing and obstructing officers.

Weismiller is a 34-year-old Centralia police officer who has worked for the department for one year and eight months, according to Centralia Police Chief Bob Berg. Prior to his employment at Centralia, he worked at the Kelso Police Department for three years and nine months. Weismiller also worked previously as a captain in the U.S. Army and served in the Middle East.

A public records request submitted to the Kelso Police Department for Weismiller’s personnel file and court documents revealed Weismiller was highly recommended e by Kelso police.