NBC Right Now has obtained a copy of the 124 page investigative report that details exactly what happened during an early morning officer involved shooting at a Yakima car wash in January.
YAKIMA, WA - NBC Right Now has obtained a copy of the 124 page investigative report that details exactly what happened during an early morning officer involved shooting at a Yakima car wash in January.
The report contains testimony from the officer who pulled the trigger, investigators and a witness. The witness was on a ride along with Officer Casey Gillette when they noticed a suspicious car. She initially couldn't see anyone in the car until Gillette opened the passenger door. Then she said a head popped up and seconds later there were shots.
According to Officer Casey Gillette's written statement, he didn't know the gun Rocendo Arias had in his hands was a fake until after it was removed from the crime scene.
Officer Gillette said he saw Arias with his head slumped forward sitting in his running car in a parking lot. Gillette opened the passenger door causing Arias to look up at the officer. That's when Gillette noticed what looked like a semi automatic pistol in Arias's lap with his finger on the trigger.
Gillette said he told Arias not to move, but the boy lunged at him. Officer Gillette said he was convinced he was about to be shot and reacted by shooting his own gun four times.
Other police testimony of that night said the orange tip around the barrel of the fake gun was visible from the drivers side but not the passengers side where Gillette was standing.
"Sad thing is that it happened, and it's unfortunate but the case has been ruled justified for a summary of reasons and we have to move on now," said Captain Rod Light with the Yakima Police Department.
Police said a toxicology report shows Arias was under the influence of drugs and alcohol.
"I believe he had some alcohol, meth, and marijuana in his system," said Captain Light.
The Yakima County Prosecuting Attorney finished his review in late February saying the use of deadly force was justified.
Yakima Attorney Bill Pickett is Representing the Arias family. He said he can't go into the details of his own investigation, but said the family will be filing a civil claim against Officer Gillette and the Yakima Police Department for wrongful death.