Case 2:18-cv-00689 Document 1-1 Filed 05/14/18 Page 1 of 5 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit A to Complaint IN.) 9 Case 2:18-cv-OO689 Document 1-1 Filed 05/14/18 Page 2 of 5 DECLARATION OF RONALD JONAS RONALD JONAS hereby declares as follows: 1. My name is Ronald .lonas. I am over the age of l8. have personal knowledge ofthc matters stated in this declaration? and am otherwise competent to testify thereto. 2. am providing this declaration to recount events that I witnessed on the morning of January 30. 20l7 on l-lighway 99 in Washington. On this morning, I saw a young man repeatedly shot by a Police Officer. I remember what I saw that morning. What I saw was highly troubling and distressing. As described in more detail below, I witnessed the police officer shoot a young man multiple times without reason or usti'tication for doing so. The shots that I saw ?red at this man were. in my view. completely unwarranted. The shots cannot be characterized as having been fired in self?defense or to prevent harm to the shooting officer or others. Rather, the shooting was wholly unjusti?ed under the circumstances. 3. As of January 2017, was working as a public employee for the Snohomish County Public Utility District (PUD). My duties required me to travel by public vehicle to various sites around Snohomish County to perform my work. 4. On the morning ofJanuary 30, 20l7, I was in my assigned Snohomish County PUD work truck. I was travelling northbound on Highway 99 in The events I witnessed that morning occurred near the Costco store located at 19105 Highway 99. A DECLAMQ 0F RONALD JONAS SECESSREESE. Initials: SEATTLE. WA 98104 (206) 624-3060 0908139 1902) 3131. 1701815 vm 'amvas :3113111111 311131 13112133338 901 313101 0111111011 30 11231112113510 1301111191 11011911113110 .191110 911103 .10 .1139 12 21211 1393190111 312.11 1112111 9111.10 M9111 11111 ?3131111993 .1191 13 .105 911110 1110.11 111 139330.19 13111" 131211 011111 1112111 9111110 111313 1301 1(1111211191110111 1 '8 ?919111911 {(111110 111011 111 139330.19 13111131211 011m 1112111 9111 911311111 01 11123911 911 3111110 1110 31111111111119.1119! 119111113111 1391111111919p 131112 911133913312 3.1911 12 111 03 13113 91.1 919111911 311110 1110 139d111n1X1911211391111111 19911110 9111 '(3191111 K111 1393190111 p1211 112111 9191119/1 9111123 9111) 91911191 9911011 311110 .10013 9111 119d0 m13.1111 1991110 9911011 9112111 13 MRS 1 '1 131911 13911911111211 11211111 139119112111 131112 31911.11 21111 111 113 01 1391111111109 1 '9191119/1 9911011 9111 A11 p93190111 111011 312m 9111.12.11 13111100111100 1112 131112 31911.11 [(111 312 ?03 01 9111 .101 91911311011 313m 9-19111 919111911 9911011 911110 9911939111 9111 A11 1393190111 312m 31911-11 KW 9111110 1110.11 111 11131.1 1391111013 p1112 31911-11 X111 _10 1110.11. 111 p9111111 1111191313113 919111911 9911011 12 ?31911.11 {(11110 1110.11 111 139330.19 1112111 311110/? 9111 391112 21191121139101111 1301111191 '9 31911-11 21111110 11129 9111 111 1123 1 312 1001 110 1311110111111011 139990.111 111111 139119112111 119111 1 131112 91121111113111 911110 91313 139m 9111 01 .1910 139330.19 1112111 9111 '111111 1111/11 191211109 9/{9 91312111 K1111211191110111 1 131112 9111 13933019 911 312 1112111 31111011 9111 1111 01 1011 312 03 31911-11 11111 1391111013 1 '91313 139.11 9111 01 91313 13129 9111 1110.11 3111139990111 ?312111113111 9111 330.1912 31113301 .10 311111111313 J10 1-103 312m 1112111 9111 31911.11 1111110 1110.11 111 1001 110 9111 139330.19 A1139199dx91111 1112111 3111101 12 ?101 31113111211 091303 9111 111 K11A11912 9911011 3111911011 1911113 111110113 21.19/\ '66 2112111113111 10 91313 13129 9111 110 p9113901 101 31113111211 091303 9111 111 A11A11912 9911011 119911011 p1112 11131.1 ?111 01 13931001 1 91013 091303 9111 .112911 66 1113111113111 110 1311110q1111011 311112911 31911.11 11111 111 3121111 1 3V '9 910 8 359d 81/71/90 93193 61 8] LI 91 9 9 19 20 21 Case 2:18-cv-OO689 Document 1-1 Filed 05/14/18 Page 4 of 5 instantly. I heard gunshots. It was only seconds from the time the officer jumped out of his car and began to pursue the man that I heard the shots. 9. Although .I did not see the first shot because my view of the man had been momentarily blocked, the man then emerged from behind the obstruction. I saw the man stagger and fall into the roadway. From this point on, I had a clear and unobstructed View of what occurred next. and was clearly able to see the man and the police officer who had pursued him. 10. The man had fallen to the ground in the roadway. He was obviously injured. The man was not being aggressive in any way. He had fallen to the ground and was no longer on his feet. The man was sort of rolling on the ground, holding his wounds. He was not trying to come at or move towards the shooting officer or any other of?cer or person. He made no threatening move of any kind. All northbound and southbound traf?c was now stopped. The man was now down and helpless. I. What unfolded next shocked me to my core. As the man was on the roadway, the officer who had originally jumped out of his police vehicle was standing in the roadway aiming his firearm at the man. There was nothing about the man?s actions at this point that could be characterized as aggressive, combative, or threatening. He was clearly disabled and no reasonable person could have perceived him as a threat. The man was not reaching for anything or exhibiting any behavior that could be characterized as advancing or moving towards anyone. Despite the non?threatening nature of the man?s actions at this point, I then .. A I. DEC TN OF RONALD JONAS r05 9-10 Initials: WA 98104 (206) 624-3060 6 20 2] Case 2:18-cv-OO689 Document 1-1 Filed 05/14/18 Page 5 of 5 saw then of?cer begin to ?re his weapon at the man. I heard and saw the of?cer ?re multiple shots at the helpless man. I saw the of?cer shoot, followed by a very short pause as the man rolled from the effects of being shot, followed by another shot, followed by a very short pause as the man rolled again. followed by another shot. This continued for approximately six shots. The of?cer was standing above the man and to one side as he ?red his weapon and continued to ?re. The of?cer was not ?ring these shots to protect himself or others, as there were no circumstances suggesting that the man was a threat to the shooting of?cer or any other person. There was no reason. for example, that the of?cer could not have safely backed off, away from the man, as all traf?c was stopped. 12. I could not believe what I witnessed. Every shot I saw was totally without justi?cation. Neither the shooting of?cer nor any other person was ever in any kind of jeopardy. The only word I know that describes what I saw is the word murder. I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and correct. DATED this fr?" day ofFebruary,2018 51th Ronald Jonas BU A . DECLARATION OF RONALD JONAS 705 SECTCISSEESEIQYTE 910 Initials: Samawa 98104 TELEPHONE: (206) 624-3060 Case 2:18-cv-00689 Document 1-2 Filed 05/14/18 Page 1 of 6 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit B to Complaint 6 Case 2:18-cv-OO689 Document 1-2 Filed 05/14/18 Page 2 of 6 DECLARATION OF NADEEM PASHA NADEEM PASHA hereby declares as follows: 1. My name is Nadeem Pasha. 1 am over the age of 18, have personal knowledge of the matters stated in this declaration, and am otherwise competent to testify thereto. 2. I was an eyewitness to events that occurred on the morning of January 30, . . . (?if 2017 on l-ligl'iway 99 1n in which a young man was shot by a Managed-police of?cer. I will never forget what I saw that morning. What 1 saw was so deeply disturbing that the memories haunt me to this day. As described in more detail below, I witnessed the police of?cer needlessly shoot the young man multiple times without reason or justification for doing so. I firmly believe that this shooting was completely unwarranted. 1 do not use the term ?murder? but that is the only word that accurately captures what occurred on that morning?the young man was murdered by the police officer. 3. I own a small business in the area 01? Bothell, Washington. I sometimes visit the Costco store located at 19105 Highway 99 in in order to buy things for my business. 4. I was at the Costco store on the morning ofJanuary 301 2017. While 1 was in the parking lot, I saw a young man in the Costco parking lot. The man was on foot. He was wearing a backpack. He was walking swiftly through the parking lot, looking back and forth. As he was walking through the Costco parking lot. I noticed that he was being slowly DECLARATION OF NADEEM PASHA ATTORNEYS ATLAW 705 SECOND AVENUE. SUITE 910 Initials: M: 98104 TELEPHONE: (206) 624-3060 IX.) 6 20 21 Case 2:18-cv-OO689 Document 1-2 Filed 05/14/18 Page 3 of 6 followed by a police car. The man was acting strangely. but I did not notice anything threatening about his behavior. 5. I was near the Costco parking lot exit when noticed the young man run or walk quickly across Highway 99 to the opposite side of the highway. Then the man went back out into the street again. At about this time, I noticed the man had a small knife in his hand. .1 estimate the blade was a couple of inches long?perhaps the size of a small pocket knife. 6. As the man went back into Highway 99, several police cars parked in about the middle ofthe highway. Traffic came to a stop. From my vantage point. outside my car on the east side of l-lighway 99, I had a clear and unobstructed view of what happened next. 7. The young man appeared to be confused. and his actions in going back and forth across the road were strange. It appeared to me that he may have been trying to avoid the police. But now he was in the highway, and so were the officers. Traffic was halted so there were no cars moving on the road. 8. As the young man stood in the highway. he had the small knife in his hand. However. he was keeping his hands down by his side. At no point whatsoever did he raise the knivc. He did not move towards any police officer. He made no threatening move whatsoever. He was not acting in a way that was aggressive, threatening, or combative. He simply stood there, perhaps moving a bit back and forth. and appeared to be confused as to 4 . AT DEC LARATI OF NADEEM PASHA 705 910 Initials: SEATTLEWA 93104 TELEPHONE: (206) 624-3050 bx.) 6 Case 2:18-cv-OO689 Document 1-2 Filed 05/14/18 Page 4 of 6 what was happening around him. He did nothing to indicate an intent to harm any police of?cer or any other person. 9. There was a considerable distance between the of?cers and the man. There was no urgency. Because traf?c was stopped, the police of?cers could quite freely move about on the highway without a risk ofbeing hit by a passing motorist. 10. Within moments of approaching the man. a police of?cer began ?ring his handgun at the man?s chest or abdomen. 1 was shocked by what I saw. The of?cer had no reason whatsoever to shoot the man. Nothing about the man?s behavior suggested that he was a threat. I l. Upon being shot. the man began to stagger. He could barely stand. There was still considerable distance between the man and the of?cers. The man was clearly wounded and helpless. While wounded and helpless1 the of?cer continued to ?re his handgun into the man?s body. am not certain how many additional times he shot the man. but these shots were obviously designed to kill the man even though he was already gravely injured. Eventually, the man stopped moving. l2. 1 was emotionally shaken by what had witnessed. The man was simply murdered. There is no other way to describe it. My memory of the man being shot, and the lack ofjusti?cation for doing so, is etched into my memoryNADEEM PASHA r05 SECESSREESE 910 Initials: ?(if SEATFLE. WA 98104 TELEPHONE: [206) 624?3060 DJ IN.) 6 9 Case 2:18-cv-OO689 Document 1-2 Filed 05/14/18 Page 5 of 6 I3. Within a few days of witnessing these events. I heard media accounts of the shooting. I decided that whatever law enforcement agency was investigating this needed to know what I had seen. I reached out to the sheriffs office and informed them that I had first- hand information. On February 3, 2017 I was interviewed by detectives with the Snohomish County Multiple Agency Response Team. l4. During the interview. I was clear in telling the detective that the man was not a threat to anyone. I told the detectives that the police did not have to use deadly force. I expected that they would ask me follow up questions and explore with me in detail what I had witnessed and the reasons I felt the shooting was unnecessary. However. they seemed uninterested in learning the details of why I felt deadly force was not justified. The entire interview lasted only about 20 minutes. I5. I expected that I wouch be called back to be interviewed again. or that the investigators would seek to follow up with me about why I felt that deadly force was not necessary. I provided the investigating detectives with my name, address. phone number and other personal information. I would have gladly spoken with them again and answered more questions. Yet. in the days and weeks and months that followed. I was never again contacted by any detective or official of any kind. It was as if the investigators were not interested in learning the truth. In about the faIl of 2017. I learned through the media that the shooting was determined to have been justified. I was shocked. I will repeat here that this shooting was . A DEC LARATION OF NADFENI PASHA 705 910 Initials: SEATTLEWA 98104 TELEPHONE: (206) 624-3050 6 Case 2:18-cv-OO689 Document 1-2 Filed 05/14/18 Page 6 of 6 completely unjusti?ed and that the word ?murder? is the only word that accurately conveys what I witnessed. Should there be additional legal proceedings concerning this shooting, I look forward to the opportunity to testify under oath. I believe the of?cer who shot this young man should face consequences for this deplorable killing. I declare under penalty ot?pcrjury under the laws ofthe United States and the State of Washington that the foregoing is true and correct. DATED this 1 day of February, 2018 at Eye/elf? Washington. 1% MW Nadeem Pasha DECLARATION or NADEEM PAS HA Amer/3mm 705 SECOND AVENUE. SUITE 910 Initials1g?? - SEATTLEWA 93104 (206) 624-3060 Case 2:18-cv-00689 Document 1-3 Filed 05/14/18 Page 1 of 5 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit C to Complaint Case 2:18-cv-00689 Document 1-3 Filed 05/14/18 Page 2 of 5 DECLARATION OF JOHN GROSSI JOHN GROSSI declares as follows: 1. I am over the age of 18, I have personal knowledge of the facts stated in this declaration, and I am otherwise competent to testify thereto. 2. I was an eyewitness to events that occurred on the morning of January 30, 2017 on Highway 99 in in which a young man was shot to death by a police of?cer. As explained below, I saw the police of?cer shoot the young man approximately 8-10 times for no apparent reason. Based on my ?rst-hand observations, I believe the of?cer murdered the young man that morning. 3. I am a district sales manager for Caruso Produce. My territory includes Star Fruits Vegetables, which is located on Highway 99 in On the morning of January 30, 2017, I was driving southbound on Highway 99. I was driving a black Ford Escape. As I approached the Costco store, which is located at 19105 Highway 99, I noticed a young man jogging (or fast walking) northbound on the side of the Highway. I also noticed at least two police cars near the Costco side of the road. The young man began to cross the highway when one of the police cars pulled right in front of me. By this point, the traf?c on Highway 99 had ground to a halt?no cars were moving in either direction. I was in the left lane, closest to the center of the road. There was another car behind me. From my vantage point in my car, I was in a clear position to see what happened next. DECLARA ION OF JOHN GROSSI 705 551333 91o Initials: . SEATTLE. WA 93104 TELEPHONE: (206)624-3060 Case 2:18-cv-OO689 Document 1-3 Filed 05/14/18 Page 3 of 5 4. The young man was wearing a backpack. He was not doing anything threatening or making any aggressive movements toward the police or anyone else at the scene. He seemed to be a bit scared and confused and had a ?deer in the headlights? look on his face. At most, he may have been trying to get away, but he did not pose any sort of threat to the of?cers or anyone at the scene. 5. As the young man began to cross Highway 99, I saw a police of?cer run right by my car with his gun drawn and start shooting him without warning. At ?rst, I thought the of?cer was ?ring rubber bullets. Prior to the ?rst few shots, I did not hear the of?cer (or any others) give the young man any commands. After the ?rst few shots were ?red, I heard of?cers telling the man to ?drop? something and to ?get down.? There was only one of?cer ?ring his gun. He continued to shoot the young man, even though the young man was not advancing toward him or doing anything that appeared to be remotely hostile or combative. The shooting of?cer was only a few feet away from my car, and I had a clear view of what happened. If the young man was moving toward the of?cer (or engaging in any threatening behavior), I would have noticed it. The only movements I saw the young man make was his body jerking from side to side from the impact of the bullets. 6. Because all traf?c was stopped, the shooting of?cer had more than enough room to back up or move to another position on the highway, if necessary, without a risk of being hit by a passing motorist. 7. After being struck by several more bullets, the young man went down to the ground. After he was down on the ground, clearly injured and defenseless, the of?cer DECLARAHBN OF JOHN GROSS AT LAW 3 705 SECOND AVENUE. SUITE 910 - - . 98104 Inltlals. (206) 624-3on Case 2:18-cv-OO689 Document 1-3 Filed 05/14/18 Page 4 of 5 continued to shoot him. The of?cer shot the young man at least two or three additional times while he was lying completely on the ground. 8. I was shocked and disturbed by what I witnessed. Based on my ?rst-hand observations, there is no doubt in my mind that this was a totally unjusti?ed shooting. I cannot think of a more appropriate word than ?murder? to describe what I saw take place that morning in and I repeatedly used that same word to describe what happened when I was interviewed by detectives that same morning. 9. The of?cer who killed the young man also recklessly put many other citizens in danger. There were people sitting in their cars on the highway, and on either side of the highway, there are multiple businesses. The of?cer could have easily shot an innocent bystander, and I felt that it was extremely careless of him to be shooting his gun in this situation. I felt like I was in danger of being shot, and I was surprised and relieved to learn that no one else had been hit by one of the of?cer?s bullets. 10. At some point, I learned through media accounts that the shooting was deemed to be justi?ed. I was shocked by this news. There were a lot of witnesses to the shooting, and I don?t see how anyone who saw would happened could concluded it was justi?ed. 11. I have great respect for the police and believe they have very dif?cult jobs. I have friends who are police of?cers from my community service work, and I have no ill feelings towards law enforcement. But there is no question in my mind that what happened to that young man was wrong and unjusti?ed. OF JOHN GROSSI 705 91o Initials: . Same. WA 93104 TELEPHONE: (206) 624-3080 Case 2:18-cv-OO689 Document 1-3 Filed 05/14/18 Page 5 of 5 12. I would be more than willing to testify about what I witnessed, under oath, and 1 look forward to the opportunity to do so. I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and correct. DATED this [Sr _day of February, 2018 at Ayiqu/ ?Washington. DECLARATION OF JOHN GROSSI Initials: John/ Grossi ATTORNEYS AT LAW 705 SECOND AVENUE. SUITE 910 WA 98104 TELEPHONE: (206) 524-3060 Case 2:18-cv-00689 Document 1-4 Filed 05/14/18 Page 1 of 4 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit D to Complaint Case 2:18-cv-00689 Document 1-4 Filed 05/14/18 Page 2 of 4 DECLARATION OF STEVEN LONG STEVEN LONG declares as follows: 1. I am over the age of 18, I have personal knowledge of the facts stated in this declaration, and I am otherwise competent to testify thereto. 2. On the morning of January 30, 2017, I witnessed what I can only describe as a murder by a police of?cer. The incident took place on Highway 99 in Washington, where I saw a police of?cer shoot a young man multiple times for no justi?able reason. I will never forget what I saw that day. It was deeply disturbing and affected me greatly, and I am providing this statement to recount the events I witnessed. 3. As of January 30, 2017, I was working at the U-Haul in located at 19130 Hwy 99. I had just pulled out of the U-Haul driveway and was heading northbound on Highway 99, when I saw a young man with a backpack running into traf?c. I also saw at least two or three patrol cars, one of which pulled in front of me. My vehicle came to a complete stop. By this point, all traf?c on Highway 99 was at a standstill. 4. I was sitting in my vehicle watching the events unfold. I had a clear view of what transpired. I saw an of?cer quickly get out of his patrol car with his gun drawn. The of?cer went towards the young man. As the of?cer approached him, the young man?s hands were down to his sides. He was not doing anything threatening or aggressive. There was considerable distance between the of?cer and the young man. Traf?c was completely stopped, .1 DECLARAIIQ- OE STEVEN LONG ATTORNEYS AT LAW 705 Secowo AVENUE, SUITE 910 - - . 98104 1111115115. TELEPHONE: (206) 624-3060 Case 2:18-cv-OO689 Document 1-4 Filed 05/14/18 Page 3 of 4 and there was nothing preventing the of?cer from backing up if he felt it was necessary to do so. The man was neither charging the of?cer nor even advancing in his direction. He was just standing there when, suddenly, the of?cer began shooting him. The man went down to the ground, and the of?cer continued to shoot him. I saw the of?cer shoot the man approximately nine times in totalanything at any point that would remotely justify him being shot by the police even once. When the man ?rst went down to the ground, he appeared to be trying to get up. However, he was not lunging at anyone or making any aggressive movements. He was badly injured and defenseless, and the of?cer kept shooting him again and again. The man was lying face down on the ground, practically motionless, when the last two shots were ?red. 6. In addition to unnecessarily shooting the young man, it was extremely reckless of the of?cer to be ?ring his gun in the middle of Highway 99, with people sitting in their cars and with businesses on either side of the highway. An innocent bystander could have easily been killed that day. 7. Following the shooting, I gave a short, handwritten statement to the police at the scene in the Costco parking lot. I provided them with my address and phone numbers. I was expecting to be called in for an interview and was more than willing to cooperate in their investigation. I did receive a phone call, which I missed, and I called back and left a message. TEVEN LONG AT LAW 705 SECOND AVENUE, SUITE 910 SEATFLE, WA 98104 TELEPHONE: (206) 624-3060 Initials: I Case 2:18-cv-00689 Document 1-4 Filed 05/14/18 Page 4 of 4 I would have been happy to answer any questions and/or describe what I witnessed in detail. However, no one returned my call. 8. At some point, I heard media accounts that the shooting was deemed justi?ed. I found this hard to believe. What I witnessed that day was the totally unjusti?ed killing of a human being who did not pose a threat to of?cers or to anyone else. I was not the only witness to the shooting, and I recall other witnesses who, like me, were disturbed by the shooting and thought it was completely unnecessary. 9. I would be more than willing to testify about what I witnessed, under oath, and I look forward to the opportunity to do so. I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and correct. DATED this *{day of February, 2018 at (Z, /i;10 ,Washington. 2/ If Steven Long DECLARATIO STEVEN LONG Initials: . SEATTLEWA 93104 TELEPHONE: (206)624-3060 Case 2:18-cv-00689 Document 1-5 Filed 05/14/18 Page 1 of 4 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit E to Complaint Case 2:18-cv-OO689 Document 1-5 Filed 05/14/18 Page 2 of 4 DECLARATION OF VINCE PET OSA VINCE PETOSA declares as follows: 1. I am over the age of 18, 1 have personal knowledge of the facts stated in this declaration, and I am otherwise competent to testify thereto. 2. In January 2017, I witnessed a police of?cer shoot a man multiple times on Highway 99 in Washington. As explained below, I do not think the shooting was necessary or justi?ed. 3. I am a retired restaurant owner, currently living in Edmonds, Washington, with my wife. On the morning of January 30, 2017, I was driving north on Highway 99, when a police car came up behind me with its lights ?ashing. At ?rst, I thought I was being pulled over. The police car then stopped on the highway?blocking northbound traf?c. I also noticed at least one other police car with its lights ?ashing on the southbound side of the road. I stopped my car in the middle of the highway. Traf?c in all directions was halted. At around the same time, I saw a man crossing Highway 99. 4. I then witnessed the of?cer in the northbound lane get out his car, run towards the man, and start shooting him. The shooting of?cer was yelling, ?Drop the knife? to the man in between shots. My best estimate is that the of?cer was 25 feet from the man when he began shooting. The of?cer ?red multiple shots at the man. I could see the man?s body moving side to side as he was being struck by bullets. QF VINCE PETOSA 705 Initials: SEATTLE.WA 98104 TELEPHONE: (206) 624-3060 Case 2:18-cv-OO689 Document 1-5 Filed 05/14/18 Page 3 of 4 5. The reason I thought the shooting was unnecessary is that the man was not advancing on the of?cer or charging at him. As he was being shot, he remained in the same location. He only movement was his body going back and forth as he was being struck by bullets. There was considerable distance between him and the shooting of?cer. Because traf?c was stopped, the of?cer could have safely backed up if necessary. There was no risk of him being hit by a car. And although the man may have had a knife, which I did not even notice, he was not brandishing it, waiving it around, or displaying it in a threatening manner. Based on my observations, he did not pose a threat to the of?cer who was shooting him or to anyone else on the scene. 6. I am not the only witness who thinks this was an unnecessary shooting. After the incident, multiple people at the scene were discussing what they had just witnessed. Everyone was upset by the of?cer?s actions. No one thought the situation warranted deadly force. The consensus was that the shooting was totally unjusti?ed, and I am in full agreement with this. 7. I also felt that it was extremely reckless of the of?cer to be ?ring his gun in the middle of Highway 99, particularly with businesses on either side of the highway. An innocent bystander could have easily been shot. 8. If I am asked to testify in court about the events I witnessed that morning, I will do so without hesitation. DECLARAT ?01: VINCE PETOSA 705 Initials: SEATTLE, WA 93104 TELEPHONE: (206) 624-3060 Case 2:18-cv-00689 Document 1-5 Filed 05/14/18 Page 4 of 4 I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and correct. DATED this day of February, 2018 at Kim 0 ud) j) Washington. \1 ?face. - 1X ?01893 Vince Petosa BUDG DECLARATION OF VINCE PETOSA ATTORNEYS AT LAW 705 SECOND AVENUE. SUITE 910 - SEATTLE. WA 98104 [mtlals' "1 TELEPHONE: (206) 624-3060 Case 2:18-cv-00689 Document 1-6 Filed 05/14/18 Page 1 of 5 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit F to Complaint Case 2:18-cv-00689 Document 1-6 Filed 05/14/18 Page 2 of 5 DECLARATION OF RACHEL HODSON RACHEL HODSON declares as follows: 1. I am over the age of 18, I have personal knowledge of the facts stated in this declaration, and I am otherwise competent to testify thereto. 2. I witnessed an incident that took place on the morning of January 30, 2017 on Highway 99 in Washington, during which a young man was shot to death by a police of?cer. Based on my ?rst-hand observations, I believe the of?cer murdered the young man that morning. If called to do so, I will willingly testify in court about what I witnessed. 3. I am an employee of a business called Associated Glass, which is located at 18930 WA-99 in I was working at Associated Glass on the morning of January 30, 2017. I was sitting at my desk, on the phone with a customer, when I heard two loud shots ring out, followed by some screaming. At ?rst, I thought it was a car back?ring, but then I looked out the window and saw a police of?cer pointing a gun at a man, and I realized that what I heard was gunshots. I immediately told the customer that I had to go because there was a police incident going on outside. I hung up the phone and watched the events unfold. I had a clear and unobstructed view of the scene, which took place approximately 35 feet in front of me on Highway 99. 9f RACHEL HODSON ATTORNEYS AT LAW ,r 705 SECOND AVENUE. SUITE 910 Initials: fl SEATTLE, WA 98104 TELEPHONE: (206) 624-3060 I Case 2:18-cv-OO689 Document 1-6 Filed 05/14/18 Page 3 of 5 4. I heard the of?cer tell the man to ?put down the knife? after shooting him at least two times. The of?cer was pointing his gun at the man, who was wearing a backpack. There were two other of?cers at the scene. The young man was not advancing towards any of the of?cers or making any threatening movements or gestures. He hands were at his sides, and he was just stumbling as if he was trying to keep his balance. After being shot, the man went down and was squirming around on the ground?still alive but clearly wounded. Although I could not see what happened before the ?rst two shots were ?red, I did not see any threatening behavior by the man at any point. And what happened next is the most disturbing thing I?ve ever seen. 5. After the man was down on the ground, the of?cer shot him at least six more times. For some of the shots he was on his knees. I could not tell if he was trying to get up, but it was clear to me that he did not pose any sort of threat to the of?cer or to anyone else at the scene. For the last several shots, the man was literally lying down on the ground, barely moving, wounded and defenseless. I could not see any conceivable justi?cation for shooting this man six times when he was down on the ground. This was not an act of self-defense by the shooting of?cer. It was an act of aggression by him, and it was not warranted by anything the injured man was doing. 6. Because all traf?c was stopped during the incident, the shooting of?cer had more than enough room to back up or move to another position on the highway, if necessary, without risk of being hit by a passing motorist. At no point was the of?cer or anyone else in DECLAR not?! RACHEL HODSON 705 910 Initials: SEATTLE. WA 98104 TELEPHONE: (206) 624-3060 Case 2:18-cv-OO689 Document 1-6 Filed 05/14/18 Page 4 of 5 danger. The man he was shooting was not combative and never even took a step in the shooting of?cer?s direction. From what I saw, there was absolutely no reason to use lethal force. 7. I am not the only one who felt that the shooting was unjusti?ed. There were multiple eyewitnesses to the incident, and everyone I saw who witnessed the shooting was upset by the of?cer?s actions. In addition, immediately after the shooting, I heard another of?cer at the scene ask the shooting of?cer, ?What did you do?? as if he could not believe what the shooting of?cer had just done. 8. The of?cer who killed the young man also recklessly put many other citizens in danger. There are multiple businesses on either side of the highway, including Associated Glass. There were also people standing in the alleyway adjacent to Associated Glass who were in the of?cer?s line of ?re. The of?cer could have easily shot an innocent bystander, and I felt that it was extremely careless of him to be spraying bullets in this situation. Luckily, no one else was killed by one of his bullets. 9. Based on everything I saw that morning, there is no doubt in my mind that this was an unjusti?ed shooting. I gave a handwritten statement that morning and was interviewed by detectives, and I made it clear to them that I thought the shooting was unnecessary and that I did not think that there was any reason for the of?cer to kill the man. I gave the investigating detectives my address and phone number. However, I was never called in for any follow-up interviews. DECLARA raw-pr RACHEL HODSON Samaritan. Initials: \j SEATTLE. WA 98104 TELEPHONE: (206) 624-3060 Case 2:18-cv-00689 Document 1-6 Filed 05/14/18 Page 5 of 5 10. I am willing to testify about what I witnessed, under oath, and I look forward to the opportunity to do so. I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and correct. DATED this day of February, 2018 at i i Washington. Rachel Hodson OF RACHEL HODSON 705 SQESSXEECEQXTE 91o Initials: SEATTLE. WA 98104 1 TELEPHONE: (206) 624-3060 Case 2:18-cv-00689 Document 1-7 Filed 05/14/18 Page 1 of 4 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit G to Complaint Case Document 1-7 Filed 05/14/18 Page 2 of 4 DECLARATION OF CURTIS OLSON CURTIS OLSON declares as follows: 1. I am over the age of 18, I have personal knowledge of the facts stated in this declaration, and I am otherwise competent to testify thereto. 2. I am a former employee of a business called Associated Glass, located at 18930 Highway 99 in I was working as an employee of Associated Glass in January of 2017. 3. On the morning of January 30, 2017, I was working at Associated Glass in the warehouse area located towards the rear of the building. While I was in the warehouse area, I suddenly heard two loud ?pops? or ?bangs.? My ?rst thought was that an exhaust pipe had exploded outside. Not knowing what the sound was, but realizing it was unusual, I ran outside the building to see what was going on. 4. When I ran outside the building, I went down the side of the building and got nearer to Highway 99. I was looking in the direction of Highway 99 and had a clear View of what was happening in front of me. I saw a uniformed police officer aiming a gun at a man. The man the police officer was pointing the gun at was standing in or near the highway. Traffic on the highway was stopped in both directions and I saw police vehicles blocking the roadway. 5. I saw that the man had what appeared to be a small knife in his hand. However, the knife was down at the man?s side and pointing down at the ground. I observed that the man DECLARATION OF CURTIS OLSON 705 910 Initials: Same, WA 96104 - TELEPHONE: (208)624-3060 Case 2:18-cv-OO689 Document 1-7 Filed 05/14/18 Page 3 of 4 did not appear to pose any kind of threat to the police of?cer nor to anyone else. The man was not doing anything aggressive. He was not moving towards the police of?cer. He was not making any threatening or aggressive movements whatsoever. He was not displaying any kind of threatening or aggressive posturing. He did nothing to indicate that he intended to harm the of?cer or anyone else. There was nothing about the man?s actions that made me fear for the safety of the officer who was pointing the gun, nor for my safety or the safety of anyone else. The man appeared to be distraught and was stumbling somewhat from the effects of having been shot. Because traf?c was stopped on the highway, the of?cer could have freely backed up and put distance between himself and the man had he desired to do so. 6. I then watched as the of?cer proceeded to shoot the man several additional times. I was shocked by what I saw. At no time immediately prior to or during the course of the shots I witnessed did the man do anything that would justify him being shot. He was not being aggressive, purposefully moving towards the of?cer, making any threatening movements, or doing anything that suggested he intended to harm the of?cer or anyone else. He was simply standing there with his arms down and stumbling somewhat as the officer repeatedly shot him. Due to the lack of any aggression by the man being shot, I believe the shooting was completely unjusti?ed and unnecessary. 7. As the of?cer was shooting the man, he began giving the man commands to ?drop the knife? or words to that effect. I did not hear any commands given or shouted prior to the first shots I heard, but only with regard to the series of shots I witnessed. The man OF CURTIS OLSON 705 91o Initials: SEATTLE.WA 93104 TELEPHONE: (205) 624-3060 Case 2:18-cv-OO689 Document 1-7 Filed 05/14/18 Page 4 of 4 seemed confused and disoriented as he was being shot, and there was Virtually no time for him to react to any commands the of?cer was giving him before he would be shot again. 8. I saw two other of?cers (a male and a female) aiming their guns in the direction of the man as well, but these of?cers did not ?re their guns. 9. The of?cer who was ?ring his gun was ?ring the general direction of Associated Glass where my co-workers and I were. I felt it was very reckless for the of?cer to be ?ring in our direction. A stray bullet could have easily hit one of us. I saw the impact from a bullet on concrete and realized that I was in danger of being hit. 10. I observed the man who was being shot fall to the ground. Fearing that I could be hit by a stray bullet, 1 then ran into the Associated Glass building. I heard at least two additional shots ?red after I saw the man fall to the ground. I did not see these last shots, but I heard them ?red after the man had fallen. 11. There is no question in my mind that the shots I witnessed were unjusti?ed, excessive, reckless, and unnecessary. I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and correct. DATED this t? day of February, 2018 at Snohomish, Washington. Curtis Olson DECLA TION OF CURTIS OLSON 705 Initials: EEK SEATTLE. WA 98104 TELEPHONE: (206) 624-3060 Case 2:18-cv-00689 Document 1-8 Filed 05/14/18 Page 1 of 4 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit H to Complaint L) (1 9 ll) Case 2:18-cv-OO689 Document 1-8 Filed 05/14/18 Page 2 of 4 or JAMES MUNN JAMES MUNN declares as follows: I I am over the age ol 18. have personal knowledge ol?the l'acts stated in this declaration. and I am otherwise competent to testify thereto. .7. I witnessed certain events that occurred on the morning ol?Januarje 3t). 3017 on Highway in in which a young man was shot to death b) a 1 yo mood Police Officer. 3. I am the owner ol?a business called Associated Glass. located at E8930 lighway in 0n the morning of January was standing outside Associated (ilass on the south side of the business examining a customer?s car. 4. While outside Associated Glass. 1 unexpectedly heard two loud ?pops? which I rcaliyed to be gunshots. recogniyed the sound ol?a bullet ?hi/zine past near to where was standing. I did not hear any police of?cer say or announce anything at or around the tune that It 1 4 I .. these two initial shots were tiredFearing for my safety. I ran inside the building. The building abuts Highway There are large glass windows lacing Highway so that a person standing in the showroom area of my business can clearly see outside and observe what is happening on Highway outside the store. I was standing inside the building where I could look out the ?t oi: .IAMi'as MUNN ?05 910 9 'llt WA 08104 Initials. luv-up 1206) 6134-3000 Case 2:18-cv-OO689 Document 1-8 Filed 05/14/18 Page 3 of 4 1 store windows, and from my vantage point I could see what was unfolding right in front of my 2 ll store. 3 . . 6. I observed a young man and several police vehicles. The young man had been 4 I shot. He was bent over and stumbling from the effects of havmg been shot. A police of?cer 5 was aiming a gun at the man. Traffic was stoppedwatched, I observed that the young man was not being aggressive toward 8 the police of?cer or anyone else. He was not charging or moving towards the police officer or 9 anyone else. Although I later learned that he had a knife, I did not see the man raise the knife 10 or act with the purpose ofhurting the shooting officer or anyone else with it. The man seemed 1 1 to be disoriented and hurt by the effects of the shots and was stumbling or staggering without 12 purpose. I did not see any threatening behavior by the man. 13 8. After the initial shots were fired, the officer aiming his gun at the man began 14 saying, ?drop the knife." At about this time, I then observed the officer who was aiming his 15 gun at the man shoot the man multiple additional times. In my opinion, these shots were not 16 justified. I felt that these shots were not taken by the officer in self-defense. I believe that these 1-7 shots were excessive and unnecessary. I estimate that the shooting officer was about 15 feet 18 away from the injured man as he was taking these shots. Because traffic was stopped on 19 Highway 99, the of?cer could have easily walked backwards and put more distance between . . ?0 himself and the young man had he desrred to do so. 21 i ATTORNEYS AT LAW DIEC LARA I OI: JAMES IVIUNN 705 SECOND AVENUE, Sum: 910 Initials SEATTLEWA 98104 1 (206) 624- 060 Case 2:18-cv-00689 Document 1-8 Filed 05/14/18 Page 4 of 4 9. The of?cer was shooting in the general direction of my business. I felt that it was very reckless of him to be taking these shots, as bullets coming in the direction of my business put me, my employees, and my customers at risk of being hit. 10. I have great respect for the police and believe they have very dif?cult jobs. I have friends who are in law enforcement and have no ill feelings towards the police or law enforcement. But there is no question in my mind that the shots I witnessed were unjusti?ed, excessive, reckless, and unnecessary. I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and correct. DATED this i 5 day of February, 2018 at ood, Washington. mes Munn ATTORNEYS AT LAW DECLARATION OF JAMES MUNN 705 SECOND AVENUE, SUITE 910 . SEATTLE.WA 98104 Initials. TELEPHONE: (206) 624-3060 Case 2:18-cv-00689 Document 1-9 Filed 05/14/18 Page 1 of 4 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit I to Complaint IX.) 14 IS 16 17 Case 2:18-cv-00689 Document 1-9 Filed 05/14/18 Page 2 of 4 DECLARATION OF ROBERT COX ROBERT COX hereby declares as 1. My name is Robert Cox. I am over the age of 18, have personal knowledge of the matters stated in this declaration, and am otherwise competent to testify thereto. 2. On January 30. 3017, I witnessed a police of?cer shoot and kill a man on Highway 99 in Washington without justi?cation or reason. The shooting I witnessed can only be described by me as a murder. I was deeply troubled by what I saw, and I am providing this declaration to detail what I witnessed. 3. On the morning of January 30, 20l7 I was having my car examined at a business located on Highway 99 in Washington. The business is called Associated Glass, and is located on the west side ofI-Iighway 99 across from the Costco. 4. I was standing outside Associated Glass in an adjacent alleyway that runs east? west and intersects with Highway 99. As I was standing there, two police cars pulled up in approximately the middle of Highway 99 and stopped. They stopped in a position that caused traf?c on Highway 99 to come to a halt. At almost the same time, I noticed a man running north along the sidewalk. 5. I saw an of?cer jump out of his police car. He did so in a very aggressive manner. IO OF OBERT COX 705 SECOND AVENUE, SUITE 910 SEATTLE. WA 98104 TELEPHONE: (206) 624-3060 DECLAR Initials: ix) 6 Case 2:18-cv-OO689 Document 1-9 Filed 05/14/18 Page 3 of 4 6. Suddenly, and without any warning. the officer who jumped out of the car took aim at the man with his handgun and began firing at him. The officer did not tell the man to stop or give him any other commands before he began to shoot. He did not give the man a chance to do anything before shooting him. I was stunned and taken aback by what I saw. The man did absolutely nothing to justify getting shot. He did not move towards the police officer, make a threatening motion, or advance towards the police officer or anyone else. The of?cer opened ?re on him suddenly and without warning. 7. I feared for my own safety. The officer was shooting in the general direction of. where was standing. I could easily have been hit by a stray bullet. and anyone else who was in the vicinity could also have been hit. 8. Having been shot. the man stumbled onto the highway. The officer who shot him then said, ?drop the knife? and began firing more rounds at the man. Very little time passed between each statement to ?drop the knife? and the additional shots. As with the first shots, these additional shots were fired at the man without any reason whatsoever. The man had been hit and was clearly injured. and he was not threatening. advancing at, or otherwise posing a threat to the shooting officer or to any other person. The man made no purposeful movement towwars the shooting officer or any other officer or person; he was simply stumbling around, as one would imagine a person might do after being shot. And since traffic was stopped, there is no reason that the shooting officer or any of?cers could not have safely put distance between themselves and the man ifthat was their goal. PLLC 4 1 ATTORNEYS AT Law DEC LAR OBERT COX 705 SECOND AVENUE, SUITE 910 Initials: SEATTLE. WA 98104 TELEPHONE: (206) 624-3060 pf] 0902-?391908) 3111013133131 b01861 VM 0L6 31103311113199 01110033 1301 X03 :10 01 ?79/ .1101311111313m 1 \?q?qjmz {753 113 8103 ?211131111193 10 ?131) 7 31111 33113111111 199.1109 131113 911-11 31 3111039101 9111 113111 11013111113131? 10 911318 9111 131113 3911313 13911111] 911110 3/11131 9111 19131111 111111191110 11111311911 .19p1111 9.1131991) 1 911133913313 .10 30111911391111 SB 139111991911 911 1311109 113111 3111111111113 311101) .10 71131111 111113 111 9319 9110111113 .10 111111 11111311 01 311111111191113 ?.1991110 3111100113 9111 31111311101 311191113/1p13 A19301Lmd 313311 1113111 9111 11911111 911111 111 1111011 011 313111 9-19111 '139111131111111 313111 10113 21.19119 131113 ?3911111 3110191111111 10113 1113111 31111 111133 1 '01 3111.113 .10 p.109 13 1111 131.1111 311113111 9111 01 139119131113 91.1 01 1391139111113 113111 91111131 11131113 13 1391011191 131113 111111 p9119130.1dd13 3.1991110 9111 'p139p 911 01 139.1139ch13 1113111 9111 ?11111301119113 71131131111113 111111 113 100113 01 p91111111109 1991110 9111 11111 ?(In 193 01 311111.11 1011 131113 131111013 9111 110 1119191d11109 3111111 313111 1113111 9111 ?1111111! 911103 1V '111111 113 9.111 01 1391111111109 1991110 3111100113 9111 11911903113111? 11391111 011 31113011 111113 1311110133 9111 110 313111 1113111 9111 911111111 111111 111131311 131113 131311311313de1 {11.113919 313m 911 '9319 9110211113 .10 19911310 9111 113 311111109 1011 313111 91.1 911133913313 .10 30111911391111 31111111111113 311100 1011 313111 1113111 9111 11111 ?11111193111111 1131111 01 311111.11 911 11131111 91111 313 139>1001 1113111 9111 111111 113 11113 3111 3111111101! 91111111 1113111 9111 113 311111911 313111 19911110 9111 ?31011311113 91d11111111 1110.11 1391111111 131113 3391931191913 131111013 9111 110 313111 1113111 9111 9V ?311113111313 .1931101 011 313/11 131113 1113111113111 9111 111 11191119111311 9111 110 313111 911 '3911111 911111111111 1111 119911 111011 131311 1113111 9111 13911113111311 11311111110 1119111 113919 9 131311 1 31110131111111 31311113111111 9111110 1110 111911 13911911111311 11311111 139119113111 131113 311111111111 9111 01111 1113.1 1 '0 17 40 17 359d p9l!:l 93193 Case 2:18-cv-00689 Document 1-10 Filed 05/14/18 Page 1 of 3 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit J to Complaint Case 2:18-ev-00689 Document 1-10 Filed 05/14/18 Page 2 of 3 DECLARATION OF JOHN AQUILAR Gr JOHN AQUILAR declares as follows: 1. 1 am over the age of l8, 1 have personal knowledge of the facts stated in this declaration, and I am otherwise competent to testify thereto. 2. On the morning of January 30, 2017, was driving a vehicle northbound on Highway 99 near the Costco in Washington. While in my vehicle, I witnessed a police officer shoot a man multiple times under circumstances that 1 believe to have been totally unjustified, unnecessary and wrong. 3. As I. was driving my vehicle, 1 saw a man go across Highway 99 on foot. Shortly thereafter, .1 observed police vehicles in the vicinity ofthe man and officers on foot. 4. As I watched, 1 observed one ofthe of?cers shoot the man. When I first saw the man shot, he was not threatening anyone or moving towards any officer in an aggressive or threatening way. I found it very disturbing that this man would be shot when he was standing there, not being aggressive or threatening anyone. 5. What I saw next was even more disturbing. The man was injured and helpless. The officer was saying something to the man but, without giving the man any chance to respond, the officer kept shooting him. He was not moving towards anyone, threatening anyone, or doing anything aggressive when the officer was shooting him. He was helpless and ATTORNEYS AT LAW 6? DECLARATRON OF JOHN 705 SECOND AVENUE. SUITE 910 . SEATTLEWA 98104 1111115115- TELEPHONE: (205)624-3060 Case 2:18-cv-00689 Document 1-10 Filed 05/14/18 Page 3 of 3 hurt. I could not believe what 1 was seeing. There was no justi?cation. whatsoever for the of?cer to be shooting this incapacitated and injured man. 6. Although I believe the man had something in his hand at some point, possibly a knife, he most definitely was not threatening anyone with whatever he had. He did not raise the object, point it at anyone, make any motions with it, threaten anyone with it, or move in anyone?s direction in a way that even suggested that he intended to harm anyone. I declare under penalty ofperjury under the laws of the United States and the State of Washington that the foregoing is 11116 and correct. DATED day of . 2018 at Everett, Washington. 027' 0916 JON-1A AC1 lat/ 0 John A'iuilar DECLARATION OF JOHN AQUILAR 705 SQEESKEESEQUTTE 910 lnitials: SEATFLE. WA 98104 TELEPHONE: (206) 624-3060 Case 2:18-cv-00689 Document 1-11 Filed 05/14/18 Page 1 of 4 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit K to Complaint 6 20 21 Case 2:18-cv-00689 Document 1-11 Filed 05/14/18 Page 2 of 4 DECLARATION OF ANTHONY MICALLEF ANTHONY hereby declares as follows: 1. My name is Anthony Micallef. I am over the age of 18, have personal knowledge 01" the matters stated in this declaration, and am otherwise competent to testify thereto. 2. I. witnessed certain events on the morning of January 30, 2017 and am providing this declaration to describe what I witnessed. By way of background, 1 am a veteran of the United States Army. 1 served as a tank system mechanic in the Army for approximately six years. 1 now work as a vehicle mechanic at Auto Care Center, which is located on Highway 99 in Washington. I was working at Auto Care Center as of January 30, 2017. 3. In connection with my normal duties at Auto Care Center, I was taking a car for a test drive on the morning of January 30, 2017. was following one of the routes often take for test drives. I took the car from our place of business and proceeded north on 60'h Avenue West. When 1 got to 190lh St. SW, 1 turned right. This put me eastbound on 190th St. SW. 190th Street SW is a relatively narrow stretch of road that becomes a sort of alleyway, eventually intersecting with Highway 99. Where 1901h St. SW intersects with l--lighway 99, there is a business called Associated Glass. Directly across Highway 99 from this intersection is the north side ofthe Costco, located on the east side of Highway 99. . . A DECLARA 1 ANTHONY MICALLEF 705 Initials: SEATTLE. WA 98104 TELEPHONE: (206} 6243060 OBOE-1329 19on 231101193131 10186 VM ?amvas 2323? :3113111111 0L6 EIJJHS 31111211111 GNOUEIS 9021 111111 11131311110119 HEHFIVDIW ANOHLNV 19911110 1113 ?11091391 011 .101 10119 1113111 13 11999 9.11311 01 1951111 9.191111 9.11 111011 31991110 9111 81111191 9.191111 8.191110 131113 1 313 1190119 3111100119 9111 191113 A191131p91111111 ?11111111 100113 110A 1311) ?111,111,, 9>111 31991110 9111 01 83111111 Buy?as 9.19m 91do9d '1113111 9111 100113 01 110511391 9113111111391 011 131311 1991110 3111100113 9111 113111 131113 13911113111110 913111 8111100115: 9111 113111 91991110 9911011 9111 81111191 11133911 131113 19sd11 03113 9.19m 911999 9111 113 91clo9d 191110 9.1991110 9111 ?11 1931111 313111 011111 1103.19d A1110 9111 1011 313.11 1 '3111100113 9111 311111101101 911993 9111 110 1191111311191 1 2191311131S/{q 1911101113 .10 9111 1111 ?11309 9111311 1311109 19111111 13 1.11113 ?911'10911 191113 39939111311c1 ?01310 9113 9.19111 119111111 111 139113 1113 91 31111 '111 1313111 1 .1139 9111 AC1 311153131! 3191111c110 11111109 9111 .113911 1311109 1 9111 111 A111 1110.151 '9191111q 8111191190911 .10 ?111ss13d110 1.3111103 9111 11111111 113111111131 11113 1 ?19131111111 9111 111 991191.19dx9 K111 1110151 '313111 911 113111 19111113111 9111 111 3111100118 9C1 01 19-91110 S1111 1011 519111911119 08113 913111 11 '9 'p91111s111'1111 1(1113101 9.19m mus '1 310118 9111 '1113 113 9110/(1113 011311101 8111913119111 .10 91118011 913 p9191d1911l1 9C1 1311109 113111 8111111/{1113 811101) .10 110 81119111311118 ?1991110 9111 sp11311101 3111/1010 1011 313/11 9H '811111911391111 .10 911199913313 S13 13921191913113119 911 11131111 113111 3111111/(1113 811101) 1011 91311-1 10113 813m 011111 1113111 9111 711139 1 11311111 ?11 199cm 131113 1391190119 ?13911111113 813311 1 'g 'p111101f-5? 91.11 110 813111 1113111 9111 91111111 3911111 112110111131313 1113111 9111 100119 1991110 9111 MRS 119111 131113 11911 91.1 813 1113111 9111 111133 1 '66 A13mq?111 110 313/111 011.11 1113111 13 113 100113 1991110 9911011 13 MUS 1 ?Mp-3911199113 198.101 .19A911 111m 1 911999 13 1398391111111 1 ?66 131113 91111.0 11011993191111 9111 01 108 1 9.101911 99119111011 '111311 111111 01 8111111191111 66 K811113111 31111191301dd0 813111 1 11c1 911111 18131 9111 11.111011 3111139990111 513111 1 9V '17 17 10 8 8[51% 1313-13 9319:) 81 L1 91 OI 6 Case 2:18-cv-00689 Document 1-11 Filed 05/14/18 Page 4 of 4 approached us in a very menacing and threatening manner. He was red in the face, extremely angry and emotionally out ofeontrol. He began yelling at us. He yelled words to the effect of, ?You don?t know what we go through and ?You don?t know what we do for a living!" I felt that he was trying to intimidate us and in?uence us not to tell what we had seen. I am not someone who is easily intimidated, but this of?cer was behaving in a way that was so out of control that I did feel intimidated. I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and conect. DATED this if day of February, 2018 at [/Wl/la/Bbz Washington. MM I Anthony Micallef A DECLARA QIEEN E31: ANTHONY MICALLEF 705 SABTTE 910 Initials: SEATTLEWA 98104 TELEPHONE: (206} 624-3060 DJ Case 2:18-cv-00689 Document 1-12 Filed 05/14/18 Page 1 of 3 The Estate of Jeremy R. Dowell, et al. v. Zachary Dwight Yates -----------Exhibit L to Complaint Case 2:18-cv-00689 Document 1-12 Filed 05/14/18 Page 2 of 3 DECLARATION OF JOEY JACOB JOEY JACOB declares as follows: 1. I am over the age of 18, I have personal knowledge of the facts stated in this declaration, and I am otherwise competent to testify thereto. 2. I am the manager of an auto service and repair shop called Bucky?s, located at 19210 Hwy 99 in Washington. On the morning of January 30, 2017, a young man came into Bucky?s and politely asked if he could use the bathroom. I said yes, and he thanked me. On the way out, the young man gave me a ?st bump. Our interaction in the store was completely normal and pleasant. 3. As the young man left Bucky?s, I saw him jog east across the Highway 99 to the Furniture World parking lot. I also noticed a police car that appeared to be following him. I watched the young man go back and forth across the highway a few times. He was generally heading in a northbound direction towards Costco. I was curious about what was going on, and I started walking north on the west side of the street to see what was happening. I noticed patrol cars with lights ?ashing on both sides of the highway near the Costco. Traf?c was at a standstill in both directions. 4. I was standing near the U-Haul, which is located north of Bucky?s on the west side of Highway 99, when I saw an of?cer exit his patrol car and head toward the young man. Other of?cers got out of their cars as well. Almost immediately after that, I heard about 8-10 DECLARATION JACOB 705 91o Initials: 98104 TELEPHONE: (206)624-3060 Case 2:18-cv-00689 Document 1-12 Filed 05/14/18 Page 3 of 3 gunshots. Although I did not have a clear View of the shooting, I did not see the young man charging toward any of the of?cers or do anything that appeared threatening from my vantage point. 5. Following the incident, I was asked to make a handwritten statement by a female of?cer. When I asked her why the young man was shot, she expressed surprise by the actions of the shooting of?cer. I recall her saying, ?We thought the of?cer was going to tase him. We were just as shocked as everyone else when he began shooting,? or words to that effect. The female of?cer who took my statement and who made these comments signed the bottom of my statement as Pool.? 6. I would be more than willing to testify about what I saw and heard, if asked to do so. I declare under penalty of perjury under the laws of the United States and the State of Washington that the foregoing is true and correct. . . DATED this :1 day of February, 2018 at ?Tri? 7 - Joey Jacob OF JOEY JACOB 705 91o Initials; 98104 TELEPHONE: (206) 624-3060