Inquest jury finds Federal Way officer had reason to fear for life

A King County District Court inquest jury found that a Federal Way police officer had reason to fear for his life last summer when he opened fire on a 23-year-old man, killing him.

But the jury was split over whether the same level of threat existed when Officer Matthew Leitgeb fired the second of two series of gunshots.

David Young died after he was shot in the back of the head on Aug. 31 in Federal Way.

According to police, officers were called to the Walmart store at 34500 16th Ave. S. in Federal Way by a man who reported seeing his stolen pickup in the parking lot. After Young climbed into the pickup and pulled out of the parking space, officers Leitgeb and Benjamin Tseng attempted to pull him over, but he ran a stop sign and began driving on the wrong side of a busy street to get away, the officers testified during the three-day inquest.

After Young crashed at South 360th Street and 22nd Avenue South, both officers got out of their cars with their guns drawn, shouting, "Police" and "Show me your hands!" But Young revved the engine, and both officers testified that they feared he would run into them.

Young backed up in Leitgeb's direction, and the officer fired a series of shots at Young.

Then, as Young pulled forward toward Tseng, Leitgeb fired a second volley of shots, according to testimony at the inquest.

Jurors unanimously agreed that Leitgeb had reason to fear when he fired the first round of shots and that the fear was reasonable.

However, jurors were split over whether the same threat existed when he fired the second set of shots.

Six jurors found that Leitgeb did believe that Young posed a threat to him in that instant, but two were undecided. Five jurors found that Leitgeb's belief was reasonable in that instant, while two said it was not and one was undecided.

The attorney for Young's family, Darrell Cochran, claims ballistics evidence shows Young was hit during the second series of shots. But jurors weren't asked to determine that.

"I was impressed that the jury fractured over the issue of whether Officer Leitgeb had a reasonable fear for anyone's safety at the point he fired the fatal second volley of bullets at David Young," said Cochran.

Young's mother, Marie Young, of Tacoma, said her son didn't stop for police because he had a suspended license and was scared.

She also said that her son had bled in the truck for 45 minutes before he received medical aid.

Bob Christie, an attorney for the city of Federal Way, said police did not know Young had been wounded and "they did not go look for fear of an ambush."

Inquests are fact-finding hearings conducted before a jury routinely called to determine the causes and circumstances of any death involving a member of any law-enforcement agency. Jurors are not asked to determine guilt or innocence, but are asked a series of questions to determine whether the shooting victim posed an imminent threat.

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com