NTEMORANDUM TO: Of?cer Zach Yates #2204 FROM: Chief Tom Davis DATE: February 3, 2017 SUBJECT: SMART Case #2017-01 Section 300 of the Police Department? 5 Policy and Procedures Manual address es the responsibilities of employees involved' 1n the Use of orce Speci?cally, ?3 00. 5. addresses reporting. the use of force. In addition, Section 310 addresses the investigation of Of?cer-Involved Shootings and Deaths. Subsection 310. 7 of this policy speci?cally identities the mteria?ew df involved of?cers. You are hereby ordered to answer any questions and submit any required statement relative to the above investigation. The Snohomish County Mold-Agency Response Team will be assisting in this investigation. The information requested from you will be speci?cally and narrowly related to the perfonnance of your of?cial duties. Failure to cooperate 1'11 this investigation will be considered an act of insubordi?nation and may result in disciplinary action up to and including termination. You are ?lrther advised that any information you provide Under this order, or any information. or evidence that is gained by reason of such bifonnation timing the course of this investigation, may not be used against you in a subsequent criminal proceeding. diabetes Cid-"fat Pattie? I hereby acknowledged understand my rights and reopensibilities as described above. Signed: Dated ?5-day of f??o?w?i 2017 7. at; as Wimiat Si) DEDICATED TO PUBLIC SAFETY SINCE I959 we; . l932 44W AveW I F0 3011:5003 93046?5008 Fax: 425?6?2-6835 - - - - Team?.? - Sit/mat? l?lDl Statement of Zach Yates This is a true and involuntary statement given at the direct order of Chief Davis of the Police Department under the threat of termination. I'have been a Police Of?cer for approximately 3 years. I have completed the Basic Law Enforcement Academy for the State of Washington. I am a current member of the North Sound Metro SWAT Team and I am currently a Firearms Instructor for the Police Department. I am also a Field Training Of?cer and I am currently assigned to day shift on Patrol. My regular scheduled work hours are three twelve hour shifts starting at 0600brs and ending at iSOOhrs. Prior to becoming a Police Of?cer, I was a Security Police Of?cer at Idaho National Laboratory. My duties and responsibilities as a Security Police Of?cer 131 were to respond to terrorist threats, active shooters, lone wolf attacks and protect special nuclear material and classi?ed information at Idaho National Laboratory. Iworked at Idaho National Laboratory for approximately 4 years. On 01?3 was working as a patrol of?cer for the City of Lyonwood and I Was wearing a full Police uniform that included a clearly visible police badge on my left chest as well as Police patches on the sleeve of my left and right shoulders. My police uniform also had the word ?Police? in bold and re?ective lettering across the back shoulders. 0n the above listed date, I was also driving a fully marked patrol vehicle with clearly marked Police placards on each side and an exterior emergency light bar on the top. On 016 0?17 at approximately 094Dhrs I was assigned as ?Fire watch? for a recent commercial building ?re located at the 19800 Block of Scriber Lake Road, WA. My duties were to provide scene security at the above listed address while investigators investigated the cause of the ?re. At approximately 094Uhrs I was relieved of my over-watch post by Police Officer George. As Of?cer George relieved me of my responsibilities at the scene I was speaking to him about the week when I heard a disturbance come out over my patrol radio by SnoCom at a caipet store located at 19222 Hwy 99, WA. SnoCom is the dispatch center that dispatches Police and Fire to calls for service. I heard SnoCom dispatch Police Of?cers Pool and Hubby to the distrubance. Iheard SnoCom advise that there was a white male in his 20?s with a red backpack and a camouflage jacket in the Western Carpet Center store creating a disturbance. As the call was being dispatched I could see on my patrol computer screen that the situation at the above listed store was escalating as SnoCom had typed that the situation was escalating and that the male had begun yelling. SnoCom mentioned in the test and over the air that the male had made references to ISIS. Irecognized ISIS to be a terrorist group that is known for creating terror and speci?cally attacking innocent civilians in unconventional ways and in particular motivating people to commit ?Lone Wolf? attacks. ?ii? . ..-.. - .. - . . . 1 . .. .. -.- - Due to being close by to the above listed disturbance, and the situation clearly escalating I advised SnoCom to attach me to the call and show me responding as well. SnoCom attached me to the call and advised that the above described male was leaving the store and walking northbound on Hwy 99. As I approached the intersection of Hwy 99 to turn northbound on Hwy 99 item 196?11 St' SW, Iheard Of?cer Pool state that she was on scene of the disturbance. Ithen advised that I was coming in the area so that SnoCom could show me arriving on scene as well. As I drove in front of the above listed store I pulled my patrol car in the middle turn lane of Hwy 99 facing northbound, I did not see Of?cer Pool or the described male subject anywhere. I got on the patrol radio and asked Of?cer Pool if she was with the subject anywhere. As she stated that observed Of?cer Peel?s patrol car come from behind me and pass me heading noithbound on Hwy 99. I then observed O?cer Pool pull into the center turn lane of Hwy 99 facing northbound several hundred feet in front of me next to the U?I?Iaul store'located at the 19100 block of Hwy 99. As I was looking in front of me I'observed a white male wearing a red backpack and ajacket that matched the description of the male that caused the disturbance, walking from the U-I-Iaul parking lot and walking eastbound directly towards Of?cer Pool?s patrol car. I advised Of?cer Pool that I saw him and that he was walking towards her. The male then entered traf?c on Hwy 99 and ran south east in front of my patrol vehicle. It is my recollection that I motioned for the male to stop with hand gestures and mouthing him to stop from within my patrol car. The male appeared as if he was going to run out into oncoming northbound traf?c on Hwy 99 and go eastbound across oncoming traf?c. I pointed for him to stop on the eastbound side of Hwy 99 from my patrol car. I could see in my right passenger side mirror that traf?c was driving at normal highway speeds and likely did not know he "was in front of my patrol-car and getting- ready to run in ?ont of them. I activated my emergency ?ghts to slow northbound traf?c. [is I activated my emergency lights, the male then bolted across the northbound lanes of Hwy 99 and into the Costco parking lot located at the 19100 Block ofI-Iwy 99. I then proceeded to follow him with my emergency ?ghts activated to alert oncoming traf?c that he was crossing the road so that oncoming traf?c Would not hit him. I then crossed Hwy 99 eastbound and I entered the Costco Parking lot. I advised SnoC om that I had observed the male and that I and Of?cer Pool would be out with him in the above listed parking lot. As I advised SnoCom of that information, I. observed the male continue to run away from the northbound through the parking lot. I advised SnoCom that he was running but advised. them to keep the air open. Once in the parking lot I deactivated my emergency lights. I then observed the male remove his backpack as he was running and begin reaching into his backpack. Police Of?cer Hubby advised that he was on scene and then asked me if the male was rumiing in and out of traffic. I advised Of?cer Hubby over the radio that I observed the male head back towards the highway and that I lost sight of him as the male positioned himself bettveen two parked cars on the west side of the Costco parking lot. I then observed the male again looking at oncoming northbound hafilc as if he was going to run into oncoming traf?c . mr' mi? . again. Then I observed him again run out into oncoming traf?c and run west bound across the Hwy. 1 advised O?icer Hubby that the male had again entered traffic. Of?cer Hubby advised that he had seen him and stated that we needed to detain him. I advised Officer Hubby that the . male had been reaching into his backpack and I advised Of?cer Hubby and Officer Pool via the patrol radio to watch the male?s hands as I couldn?t see if he had obtained any kind of weapon out of his backpack. - I again activated my emergency lights and entered traf?c hem the Costco parking lot. I heard Officer Hubby advise Officer Pool to grab the male as he was running by their patrol vehicles on the west side of Hwy 99. Based on prior situations like this that Ihave responded to I knew that the fastest way to detain the male was to dismount ii'om my patrol vehicle and chase him on foot so that he could not keep hearing in opposite directions of our patrol vehicles in traf?c and avoid being detained. I then dismounted my patrol vehicle and started running northwest across Hwy 99 towards the male suspect who was on the west side of Hwy 99. I I could see Of?cer Hubby?s patrol car approaching from the south on the shoulder of the west side of Hwy 99 against oncoming traf?c and I motioned for him to stop so that he wouldn?t hit me as I attempted to detain the male suspect. As the male suspect came into View around Of?cer I Hubby?s patrol vehicle I had closed a majority of the distance on the male suspect when I observed him to have a ?xed blade knife in his right hand that he was nmning with. I was approximately one to three feet away item the male suspect. As I realized that he had a large ?xed blade knife in his right hand I decided not to chase him any farther northbound on the west sidewalk of Hwy 99. As I stopped my pursuit of the male suspect I observed him- to abruptly stop and turn towards me with the knife still in his hand. I was still withhi a few feet of the male wheni stopped chasing him and I observed the male quickly start towards me and close the distance on me at which time I began to backpedal and create space between the male and myself. It is important to note that the male could have continued ramming northbound unimpeded or towards a business complex westbound from his location unimpeded. The male elected not to go in either of those directions and decided to face me and proceed towards me with adeadly weapon in his hand. Ibecame fixated on the blade and observed the blade to move quickly as if the male was making slashing or cutting motions. I 'could not tell if it was because he was pumping his arms to ran towards me or if he was merely making stabbing or aggressive movements with the blade. I have received various different ?rearms and defensive tactics training that taught me that a person with an edged weapon can cover a substantial distance and seriously injure or kill a police officer before the officer has time to react and ?re a round to stop the threat, Based on my training and exp eriencc I recognized the ?xed blade knife to be a deadly weapon. Based on the dispatched call of the male causing a disturbance and making references to a terrorist group, the fact that he was armed with a deadly weapon and within several feet of me and coming towards me I felt that my life was in danger and that the public was in danger given his extremely as irrational behavior. It is my belief that I gave verbal commands and he ard other of?cers give verbal commands to the male suspect to drop the knife. The male suspect refused all commands to drop the knife. I then drew my pistol and ?red at him and aimed at center mass of his upper torso. It is important to note that from the time I stopped chasing the male to when he turned towards me and when I moved backwards and drew my pistol, gave verbal commands and ?red, occurred within a matter of seconds. It is my recollection that after ?ring one round I reassessed as I expected that the male would. fall down after he had been shot. The male did not fall down and proceeded towards me with the knife still in his hand. 1 was very surprised by the fact that the male did not fall down after being shot. It is my recollection that the male proceeded towards me and I ?red again and reassessed. I believe I gave verbal commands to drop the knife to the male suspect and he did not comply. The male continued towards me and I ?red again. Again the male did not comply with more verbal commands to drop the weapon I remember the male working his way towards Of?cer Hubby and I feared that Of?cer Hubby would be attacked by the male. I remember seeing Of?cer Hubby in the background crouched behind the driver side wheel well with his pistol drawn. I believe I saw the subject drop to the ground and attempt to ?ght back to his feet while he was still armed with the knife. I remember ?ring at the suspect and reassessing and the suspect again unnmg towards me and proceeding towards me. I remember ?ring at the suspect as he was walking towards me with the knife in his hand and again giving verbal commands to drop the knife. I again reassessed as the suspect approached a?er ?ring. I remember feeling a sense of panic as I knew that I had ?red several rounds and the rounds that I ?red did not appear to have the intended effect of stopping him. I remember making the conscious decision to not do a reload and utilize the remaining rounds in my magazine as I did not want to be caught with an unloaded weapon at that close of range to the suspect while he was still armed. I observed the male fall down to his lonees/feet in front of a car in the southbound lane of traf?c. 1 again gave verbal commands for the male to drop the knife. The male continued to disobey requests'to drop the knife. Given that the male had made multiple attempts to close the distance on me and another o?icer and that we were in a very crowded environment in the middle of the busiest road in I feared that he was becoming mobile again W?i?l the opportunity to injure me and or other bystanders in traf?c or position himself where the force necessary to stop him would no longer be available due to the risk to the public or other officers. I observed the male appear to be tryhig to ?ght to his feet and I observed him to continue to disregard commands to drop his deadly weapon. I knew that since the suspect was still armed with the knife that no one could rush in to detain him wi bout the risk of serious bodily injury or death, especially given his exn?eme motivation to continue moving forward after already being shot multiple times and his irrational behavior. I ?red severalmore rounds center mass. I again reassessed the situation andl observed him appear to move slowly to the ground and fall on his stomach with the knife next to his right hand. Once I observed him appear to not be a threat anymore and him drop the knife. I stopped ?ring. e'f 17m arm-run .- :7 arm. Of?cer Hubby then advised me that he would detain him and he requested that I cover him with lethal cover as the knife was directly next to the suspect?s right hand and the status of the suspect?s ability to ?ght was imknown. I advised Of?cer Hubby that I would cover him while he detained him. I then advised Officer Pool to secure the knife. Of?cer Pool then secured the knife at which time I bolstered my pistol. I observed Of?cer Hubby start to perform CPR on the suspect and Iheard multiple of?cers request Aid. I asked Officer Pool what she did with the knife and she advised that she placed. it on the hood of O??icer Hubby?s patrol car. I advised her to secure the weapon at which time she did. Police Sergeant Breault arrived on scene and I advised him that I was the Of?cer who ?red his duty weapon. Sergeant Breault then advised Of?cer Pool to stay with me until a peer support of?cer or Guild representative arrived. Police Of?cer Woldstacl who is a current Guild representative arrived on scene and escorted me back to his vehicle. He then transported'me back to the Police Department where I met with investigators of the Snohomish County Multi Agency Response Team in the Lymwood Police Conference Roomthe conference room photographs were taken of me in my police uniform as it was when I was on scene. Nothing on my uniform or my appearance had been altered from the time of the dispatched call to when photographs were taken. I advised investigators that I only ?red my duty weapon. I also advised investigators how I load my duty weapon and magazines. Investigators 3 then took my duty belt with primary firearm and my back?up weapon as evidence. '5 . nun.