Use of Force in Fatal Officer-Involved Shooting Ruled Justified by Prosecutor

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The deputy who fatally shot a Napavine man earlier this month will not face charges, according to the Lewis County Prosecutor’s Office. Also, his use of force was ruled to be justified and consistent with his training.

Lewis County Deputy Matt Wallace shot Gregory S. Kaufman, 64, twice — once in the abdomen and once in the head — on Nov. 1, after authorities say Kaufman, who was “apparently suicidal,” ignored repeated commands to drop the knife he was holding and instead lunged at the deputy. 

The information was made available following the release of an interoffice memorandum which provided a summary of the investigation. The document was made public by the prosecutor’s office on Wednesday.

 

The shooting was investigated by the Regional Sheriffs’ Critical Incident Investigation Team, which is made up of law enforcement personnel from surrounding counties. When the team is activated, the agency involved, which in this case was the Lewis County Sheriff’s Office, is excluded from the investigation.

“I have concluded that Deputy Wallace’s use of deadly force on the morning of Nov. 1, 2012 was justified,” Meyer wrote in the memorandum, adding that if Kaufman had survived the shooting, Meyer would have recommended that he be charged with second-degree assault for his actions.

Two days prior to his death, Kaufman was arrested for allegedly assaulting his girlfriend while he was drunk, according to the investigation summary. Wallace was one of the deputies who responded to that domestic violence incident.

As a result of the arrest, a no-contact order was put in place, preventing Kaufman from contacting his girlfriend, according to the summary. Kaufman was released from custody on Oct. 30, and the following day, Kaufman left a note on her vehicle, violating the order. His girlfriend contacted Chehalis police about the incident, and a Chehalis police officer spoke to Kaufman on the phone later that day and told him he needed to come down to the police station. Kaufman never did.

 



On Nov. 1, in the early morning, Wallace was out on routine patrol when he spotted a vehicle parked in a turnout near the 2300 block of state Route 6, according to the summary. When Wallace initially approached the vehicle, he told investigators he could not see inside it because of the tinted windows. It was only when Wallace approached the vehicle and knocked on the window that Wallace recognized Kaufman.

Wallace asked if Kaufman was all right, and noticed knife wounds on his wrist, according to the investigation summary. At that point, Wallace contacted dispatch and requested aid. He also asked Kaufman if he had cut himself. Kaufman reportedly indicated that he had, and showed the deputy another fresh wound on his neck.

When the deputy asked Kaufman where the knife was located, he reached to his right side and pulled out a knife that had a five-inch blade, according to the investigation summary. Wallace asked Kaufman to put the knife on the dash, and while initially it looked like he would comply, Kaufman looked at the knife, then looked at Wallace, reached over and opened the door and exited the vehicle with the knife in his hand.

Upon Kaufman exiting the vehicle, Wallace drew his weapon, holding it low, as he repeated commands to Kaufman to drop the knife, according to the investigation summary. Kaufman ignored the deputy’s commands and continued to move toward him as Wallace began retreating away. 

 

At this point, Wallace told the dispatch operator that Kaufman was approaching him with a knife, according to the letter. The letter notes, however, that the transmission could not be heard from the audio obtained from the dispatch because there appeared to be a simultaneous call coming in from another officer from a different department.

Wallace continued moving backward away from him until, according to the summary, Wallace “knew he could not retreat onto Highway 6 on a dark and rainy night and risk his life beyond the threat that Mr. Kaufman was posing.” Wallace then fired two shots and Kaufman immediately fell to the ground, according to the report.

Wallace told dispatch about the shots fired, and about 30 seconds later, EMT/firefighters arrived on scene, according to the report. Kaufman died about 20 feet away from his vehicle, and Wallace was about 35 feet away from the vehicle when he shot him. An autopsy confirmed that Kaufman had self-inflicted, non-fatal knife wounds to his wrists and neck. At the time of his death, he was also suffering from prostate cancer.

“Without question, this is a tragedy for all involved,” Meyer wrote. “Although the deputy has gone through countless hours on how to deal with a situation such as was presented here, I am certain that he, and every other law enforcement officer, hopes that such training is never needed in the course of their career. In this case, that training was necessary and was followed.”