‘Negligent and reckless.’ Family of man shot by Pierce deputy files wrongful death claim
The family of a 22-year-old man shot dead by a Pierce County sheriff’s deputy during a 2022 DUI stop alleges in recently filed wrongful death claims that the deputy’s reaction to a gun in the man’s lap was “grossly negligent and reckless.”
The News Tribune previously reported on body-worn camera footage of the Jan. 16, 2022 shooting near Puyallup that shows then-26-year-old deputy Thomas Dolan firing 12 times at Moses Portillo, who was in the back seat of the car Dolan had pulled over. Dolan told investigators he thought Portillo, who Dolan had demanded put his hands on the ceiling, reached for the pistol in his lap with his right hand.
Portillo was seated with his back toward Dolan on the driver’s side of the car and communicated over his shoulder because his left leg was in a cast, body-worn camera footage and investigative documents show. Portillo’s window remained closed throughout the encounter, which muffled communication between him and Dolan.
Deputy prosecutor Dru Swaim reviewed the Pierce County Force Investigation Team’s probe of the shooting led by Tacoma detective Jack Nasworthy and concluded it was “justified and lawful” in an April 20 letter to Sheriff Ed Troyer. Swaim wrote that body-worn camera footage showed Dolan tried to de-escalate the incident, but Portillo disregarded commands and lowered a hand toward his lap.
The two tort claims — generally precursors to lawsuits — were filed on behalf of Portillo’s estate and his mother April 27, alleging Dolan broke department policy and failed to de-escalate the incident in violation of state law. They seek $10 million from Pierce County.
“After cursing at the occupants (of the car) over the course of approximately one minute, despite no aggressive responses or actions,” Dolan opened fire upon Portillo at close range, the claims state.
A spokesperson for the Prosecutor’s Office, which defends the county against lawsuits, declined to comment on the pending legal matter.
The encounter began after Dolan pulled over the car Portillo was riding in just before 10 p.m. on Canyon Road East near 128th Street, according to police documents and video. The deputy wrote in a statement to investigators that he watched the BMW drive into the left lane without a signal and then move back to the middle lane without its turn signal flashing for the required 100 feet. He also noticed that the driver’s side mirror was cracked.
When Dolan approached the car, he noticed Portillo wasn’t wearing a seatbelt, documents show. He also had an open bottle of liquor, so Dolan asked for his ID. While Portillo griped about why Dolan needed his ID, the deputy spotted a box of 9 mm cartridges on the floorboard.
Dolan began asking about a gun in the car, and the driver appeared confused, video shows. Everyone in the car put their hands up in response to Dolan’s commands, but Portillo was verbally defiant.
“What, you going to shoot me?” Portillo asked with his hands around shoulder height, video shows.
Dolan later wrote in a statement he thought Portillo said something to the effect of, “You’re going to have to shoot me,” and took it as a threat.
“Put your (expletive) hands on the ceiling,” Dolan shouted repeatedly after Portillo responded, “What?” or “Why?”
Shortly thereafter, video and police documents show Portillo turn slightly right and sit up, straightening his head and upper body to face forward with his legs, away from Dolan. Nasworthy, the lead detective, wrote that unreleased dash camera footage shows Portillo’s right hand go below the back headrests as he sat up from against the door.
That’s when Dolan squeezed the trigger three times inches from Portillo’s head, according to video footage. He fired nine more shots in rapid succession as he walked toward the hood of the car.
Dolan later wrote: “I watched in horror as the suspect kept his left hand in the air in what I perceived to be a distraction as he and (sic) began to drop his right hand to his lap. It appeared to me that the suspect was going to pick up the firearm, shoot me, and kill me.”
Dolan, who’s been with the department for about four years, returned to patrol duty 12 days after shooting Portillo, according to a spokesperson.
Portillo, who was a father, had recently pleaded guilty to drug-dealing charges in exchange for the prosecutor’s recommendation of 16 months in prison.
“He was just ready to get it done and over with,” Kenya Roach, his former girlfriend and mother of his child, told The News Tribune last year. “He talked about getting out of prison and moving here to Oklahoma and going back to school.”
“He was a really good dad,” Roach said in the interview. “He was almost home.”
