2 men called 911 to report assault. When no Tacoma cops came, their dispute turned deadly
When Army Spc. Job Irving arrived at the gas station in Tacoma’s Hilltop neighborhood, he was dressed like a “dad” — red polo shirt tucked into khaki shorts with high white socks and sandals. His accompanying roommates also were costumed as stereotypical fathers for Irving’s themed 30th birthday celebration.
Irving carried a seemingly innocuous prop: a retractable tape measure. A handyman’s staple, it would play an unlikely role in setting off a course of events that August 2021 night that would end with Irving being fatally shot near the gas station’s pumps.
The shooter, 31-year-old Kyle Braidwood, a gas station clerk, would later tell Tacoma police that he had feared Irving — once when Irving swiftly walked over to him with the tape measure extended and Braidwood threw him to the ground, and then again, more than an hour later, as the two wrestled after Braidwood tried to physically remove Irving from the gas station.
The complicated details behind Irving’s killing, for which Braidwood was not charged, were revealed in a wrongful death lawsuit filed late last month by Irving’s estate and spouse and in police records obtained by The News Tribune. The suit, in part, blames Irving’s death on law enforcement’s failure to respond to earlier calls for aid. Both Irving and Braidwood had sought and waited for Tacoma Police Department intervention in the hour or so following the initial altercation.
It never came. Things escalated.
“Irving would not have died had TPD timely responded,” alleged the lawsuit, filed Aug. 25 in Pierce County Superior Court, naming the police department as a defendant.
It wasn’t until after the shooting, when an officer heard the gunshots, that officers quickly responded to the scene, the lawsuit noted.
Tacoma police spokesperson Detective William Muse said that the department couldn’t comment on the elements of the case because it was in active litigation.
The suit also named South Sound 911 as a defendant, accusing the agency of not providing police dispatch with updated information from the gas station as Irving and Braidwood stood by for police prior to the shooting and alleging that dispatch wasn’t relaying to law enforcement what intelligence it was gathering.
“South Sound 911 is a joke,” attorney Joan Mell, who is representing Irving’s estate and spouse, told The News Tribune. “It’s dysfunctional.”
The agency works in coordination with police. When someone dials 911, a South Sound 911 telecommunicator answers the call and relays key information to a law enforcement dispatcher who then communicates with first responders. The suit claimed that the system was broken.
Kris McNamar, a spokesperson for South Sound 911, told The News Tribune that the agency couldn’t comment on pending litigation. The agency filed a response to the suit in court on Sept. 20, denying allegations.
“South Sound 911 remains committed to the safety of our community, and we endeavor to ensure the prompt delivery of emergency services,” McNamar wrote in an email.
The suit also alleged that Braidwood, who’s named as a defendant, escalated the conflict by using deadly force after initiating physical contact with Irving to remove him from the gas station.
Robert Novasky, an attorney representing Braidwood, did not return multiple messages seeking comment after a brief interview with The News Tribune on Sept. 25. Novasky, who said he took over the case on Sept. 22 due to an unclear conflict of interest involving Braidwood’s previous attorney, James Meade, had requested several hours to get up to speed on the case prior to answering questions.
In an interview on Sept. 19, prior to withdrawing as Braidwood’s attorney, Meade rejected allegations in the lawsuit and said that Braidwood had been acting in self-defense.
“(Mell’s) made some pretty aggressive claims,” he said. “We’ll meet those in a courtroom.”
Braidwood wasn’t charged with a crime. The Pierce County Prosecuting Attorney’s Office concluded that prosecutors couldn’t prove beyond a reasonable doubt that Braidwood wasn’t acting in self-defense.
“This case resulted in an unfortunate, needless, and tragic death,” the PAO wrote in a memo explaining why it declined to pursue charges. “But it is hard to imagine what else the clerk could do when he felt threatened by the customer.”
Mell said in an interview that she viewed the matter vastly differently.
“I don’t see it as a self-defense at all,” Mell said. “I see it as murder.”
Loved ones of Irving, who was a practical nursing specialist stationed at Joint Base-Lewis McChord, hoped that the civil suit, filed exactly two years after his death, would resurrect interest in criminal proceedings.
“Even if we had gone to trial and lost, I would have preferred that rather than not going through with it,” Jaime Hernandez, Irving’s spouse, said in an interview.
The lawsuit alleged negligence by Braidwood, his employer, South Sound 911 and Tacoma police; civil rights violations by Braidwood and his employer; and assault and battery by Braidwood and his employer, among other claims. It seeks undisclosed damages to be proven at trial, penalties and to recoup the costs of litigation.
The suit also alleged that South Sound 911 violated the state’s public records act by failing to turn over all requested records related to the shooting — including incident reports and communications — in a timely manner.
First altercation
Irving and five friends can be seen on surveillance video at a Shell gas station pump at 1401 S. Sprague Ave. before 11 p.m. on Aug. 25, 2021. They had arrived in Irving’s white Jeep Cherokee to get gas before heading to a Sixth Avenue bar and were playing music loudly, one roommate told a Tacoma detective, according to a police report.
Surveillance video, provided to The News Tribune by Fircrest-based III Branches Law, which is representing Irving’s estate and spouse in the wrongful death lawsuit, shows a few of Irving’s friends dancing near the gas pumps and Irving and a friend throwing around a baseball.
Braidwood, who is wearing a red-and-black work shirt and black ball cap, is seen exiting the store, lighting a cigarette and walking largely out of frame to the camera’s right so that only his legs are visible in the video.
Braidwood told Irving’s group to keep the noise down, cease tossing the baseball and “please don’t tear up the parking lot,” although the group wasn’t doing nor threatening any damage, according to the lawsuit.
Surveillance video shows Irving quickly walk over to Braidwood while extending his tape measure before Braidwood immediately flips Irving to the ground and lands on top of him. The suit accused Braidwood of misreading a playful gesture: Irving was purportedly pretending to measure him. Roommates told police that Braidwood overreacted.
Braidwood hurriedly retreated toward the store’s entrance, and Irving followed. They exchanged words, a friend of Irving’s separated the two and eventually the group of birthday revelers left the gas station.
At 10:43 p.m., according to the lawsuit, Braidwood called the police.
“He came right at me with a tape measure and started throwing the tape measure at me, trying to attack me, so I took him to the ground,” Braidwood told a South Sound 911 operator, according to 911 audio obtained by III Branches Law in a public records request and shared with The News Tribune. “And he came at me two separate times, and I took him to the ground again.”
Surveillance video viewed by The News Tribune did not show Braidwood take down Irving a second time.
Braidwood expressed concern for his safety to South Sound 911 and said Irving told him that he’d be back. When the operator asked whether Irving’s group was arguing or fighting, Braidwood answered in the negative.
“No, ma’am,” he replied. “They were dancing and playing with construction tools, trying to play baseball from the parking lot.”
Irving returns
Irving didn’t stay long at the bar that he and his friends traveled to following the confrontation at the gas station. Instead, Irving went back to the store to report that he’d been assaulted and to stand by for law enforcement, according to the lawsuit, 911 audio and cellphone video taken by Irving that documented him waiting for authorities.
When asked why she believed Irving returned to the gas station, Mell said that she felt that Irving worried that Braidwood would leave.
“He was doing the right thing,” Mell said. “When I was watching (cellphone video), what I was struck with was his desire to set the record straight.”
At 11:04 p.m., Irving — who the suit stated was “bleeding and his head swelled with a noticeable lump” — called police from outside the gas station.
“I just got assaulted and thrown on the ground by a gas station worker,” Irving said, according to 911 audio obtained by III Branches Law and shared with The News Tribune.
After collecting some details from Irving — where he was and his vehicle’s color, make and model — the operator repeatedly asked how long ago the assault had taken place. Irving did not answer.
“I need someone here, man,” he said, just before the call abruptly ended. “Please send someone here. Thank you.”
The Prosecuting Attorney’s Office’s memo, detailing its decision not to file charges, said the call-taker described Irving as “very uncooperative” before Irving hung up.
Roommates who spoke to Tacoma detectives the following day in separate interviews reported that Irving was quiet at the bar, although they attempted to cheer him up, and he left without saying anything after going to the bathroom while the group ordered drinks, according to a police report. Roommates said the group tried to reach him by phone.
At some point after the brief 911 call, Irving entered the store and stood and waited by the entrance, where he’d post up for nearly an hour. Cellphone video and 911 audio provide a sense of the scene inside. It appeared to be an otherwise unremarkable night in a gas station if not for Irving and Braidwood debating fault for the earlier altercation, waiting on police to arrive and, at times, engaging in small talk.
Inside the store
Irving can be seen and heard on cellphone video, which Irving pointed at himself, speaking to Braidwood and a customer who are off camera, questioning why the clerk had thrown him down.
“He threw me on the ground for no reason,” Irving said to the customer before pivoting to apparently address a claim he’d just heard from Braidwood. “I came after you three times? I walked up on you once, man, and I hit the ground. And my friends took me in the car and left, bro. I just came back after I dropped them off.”
“I called the cops before I came so they could come talk to us, man,” he added, showing the customer the wound to his head from afar and assuring he didn’t lay hands on Braidwood nor sprint at him aggressively. “It don’t make no sense, man. I’m a friendly person.”
Braidwood, on the phone with 911 again — this time to report that Irving had returned — said that Irving was threatening him and other customers, which wasn’t apparent from The News Tribune’s review of four cellphone videos taken by Irving, the longest two videos being 26 minutes and 13 minutes in length, respectively.
Braidwood said he wasn’t comfortable hanging up with 911, leading him to stay on the line for a half hour, according to audio from the call. During that time and intermittent conversation with the operator, Braidwood can be heard telling Irving he appreciated that Irving was calm but then instructing Irving not to threaten him and asking whether Irving — who he’d noticed had his hands in his pockets — had any weapons on him.
The dialogue prompted feedback from the operator.
“Don’t talk to him, walk away. It’s OK,” the operator told Braidwood, according to the call audio. “I don’t know why you’re antagonizing him.”
Braidwood expressed concern that he’d have to close the store at midnight, and Irving refused to leave, prompting the operator to note that they would try to get police to the gas station as soon as possible but that “it’s been a very busy night for us.”
“Please hurry because I’m getting tired of having to tussle with these people to get them to leave,” Braidwood replied. “Tired of getting attacked, threatened, robbed, blamed.”
Braidwood said he had only called police one other time — for “a kid overdosing.”
“I’d appreciate some help,” he said.
Braidwood also called the store owner, Jung Je “Eric” Kim, who in turn dialed police and implored law enforcement to go to his store, according to the lawsuit and 911 audio. Kim is also named as a defendant in the lawsuit, accused of not adequately restricting Braidwood’s use of deadly weapons nor ensuring that Braidwood used firearms safely.
In a statement, attorney Bryan Scholnick, who is representing Kim, said that the lawsuit arose out of “unforeseeable tragic events” that led to the “unfortunate loss” of Irving’s life.
“Mr. Kim is saddened by the deadly shooting and extends his condolences to Mr. Irving’s family and all those affected by the loss of his life,” Scholnick said, adding that the civil legal process must play out. “Mr. Kim takes this matter seriously and is confident the court and/or jury find that the allegations raised against him and his business are untrue.”
At one point, Braidwood invited Irving outside so that Braidwood could take a smoke break, but Irving declined: “I don’t know what you’re capable of at this point,” he said to Braidwood, according to cellphone video.
Braidwood, who told Irving that he had been trespassed and instructed him on how to file a police report if he so chose, suggested that he too was feeling uneasy.
“You seem to be relatively calm here, but I’m unsure of your mentality,” Braidwood said, according to the 911 audio recording. “And I just want you to understand that, you know, I got an anxiety problem, brother.”
After being on the line with South Sound 911 for 30 minutes, and still without police on the scene, Braidwood told the operator that he was hanging up. If Irving hadn’t left by 11:59 p.m., then Braidwood would call back, he said.
Braidwood did not call back, according to the lawsuit.
“Close to midnight, Braidwood decided to take matters into his own hands,” the civil filing stated. “Rather than contacting 911 as he had promised the telecommunicator, Braidwood decided to physically remove Irving from the store.”
State law provides that “an owner of property may lawfully use reasonable force to expel a malicious trespasser,” according to the PAO’s memo, detailing its decision not to pursue charges. Once Braidwood had made his move to get Irving out, Irving “exploded on him” and was controlling the fight, the memo cited Braidwood having said.
“During his interview, Braidwood told detectives this shooting could have been avoided,” the memo said. “He wanted police to show up to diffuse the situation. Irving, too, wanted the police to respond.”
Deadly altercation
At approximately 11:58 p.m., a Tacoma police officer heard eight to 10 gunshots in the area and was advised while en route that an employee at the gas station had shot a man, according to police records.
Surveillance video from inside the store shows Braidwood grab Irving, who’s leaning at the entrance with his hands in his pockets, igniting a struggle between the two men. It spills outside, according to outdoor surveillance footage. For a brief moment, Irving is on top of Braidwood before Braidwood gets to Irving’s back as both men return to their feet. Braidwood appears to pull Irving backward with his arms wrapped around Irving’s waist.
Braidwood takes Irving to the ground and wraps his arms around Irving’s chest from behind, the video shows. Irving struggles free and lands on top of Braidwood’s back before Braidwood rolls Irving over and fires the first of several close-range shots into Irving’s torso and upper body with a 9 mm handgun. Braidwood then limps back into the store, missing one shoe.
The violent altercation lasted 43 seconds, according to surveillance video.
When two officers arrived at the scene, Braidwood was in his underwear and had flesh blood running down his left leg from an apparently self-inflicted gunshot wound, a police report said.
“I knew this was gonna happen. He’s been threatening me,” Braidwood told police, according to the report. “I fought with him for (expletive) 40 seconds out of the store and I finally had to shoot him. … He got on top of me so I shot him.”
Four witnesses spoke to police about the shooting. Two provided handwritten statements, one of whom had purchased drinks inside the store prior to the deadly altercation, according to police records. The witness reported that Braidwood asked her to call the police because Irving wouldn’t leave and authorities hadn’t shown up. She also reported what Irving told her: Don’t call police, Braidwood wasn’t telling the truth and police would come after her if she called.
Irving was pronounced dead at 12:22 a.m. at a local hospital, according to a police report.
A postmortem examination report, provided to The News Tribune by III Branches Law, showed that Irving suffered 17 gunshot wounds — 10 to his torso. His death was ruled a homicide by multiple gunshot wounds.
Posing a threat?
In declining to pursue charges, the PAO’s memo noted that Braidwood had called 911, asked a customer to stay inside the store with him, asked Irving to wait outside, asked his boss for help and asked another customer to call 911.
“We cannot know Irving’s intentions, but a jury is likely to find that Braidwood was acting in self-defense based on his objective, reasonable belief of imminent harm from Irving during both encounters,” the memo said. “A finding of actual imminent harm is not necessary under the law.”
Mell said the PAO’s decision was disappointing.
“I don’t have to live with her beyond-a-reasonable-doubt standard,” Mell said, referring to Prosecuting Attorney Mary Robnett. “What she didn’t have when she wrote that was Job’s recordings. It is absolutely and abundantly clear that he was not a threat.”
Instead, it was Braidwood who was dangerous, Mell claimed.
Braidwood had been involved in a shooting incident two weeks earlier, according to police records. The police report connected to Irving’s shooting, obtained in a public records request by The News Tribune, noted that a responding officer recognized Braidwood from a previous call.
A copy of the police report from that incident, which occurred on Aug. 11, 2021, was shared with The News Tribune by III Branches Law. Braidwood told police that someone grabbed a credit/debit printer from the cashier’s side of the checkout counter and ran from the store with it, dragging it across the ground by its cord and leading to Braidwood giving chase, according to the report. At some point outside near the parking lot, the suspect turned back toward Braidwood and appeared to produce a handgun, Braidwood said.
With the handgun apparently pointed at Braidwood, who told police he feared for his life, Braidwood fired two shots from an AR-15 into the air toward Commencement Bay, believing that the bullets would land harmlessly into the water but prevent the suspect from shooting, according to the report. The case was closed pending any new leads on a suspect.
“Due to previous violent events at an(d) around the gas station and his nearby residence, (Braidwood) had slung his AR-15 over his shoulder such that it hung on his back out of view of anyone looking at him from the front,” the report said.
More than a month after Irving’s shooting, a woman who said her husband worked with Braidwood mentioned the warning shots incident in an interview with police in connection to their investigation into Irving’s death.
The woman claimed to police that Braidwood concealed a rifle at work in a folding camp chair bag and had commented that he needed it “in case any of these (expletives) step up,” using a racial slur for Black people, according to details in a police report cited in the lawsuit. She also claimed that Irving was a regular customer, “always in a good mood” and “usually had a funny joke to tell that would lighten up the day.”
Citing that police interview and the earlier shooting incident, which involved a Black suspect, the lawsuit alleged that Braidwood, who is white, targeted Black men like Irving on the job. His legal representation adamantly denied that race played any part in Irving’s death.
Meade, Braidwood’s attorney until Sept. 22, rejected “incendiary” claims of racial motivation presented in the lawsuit in an interview Sept. 19 and underscored that his then-client hadn’t been charged with a crime. He also noted that The News Tribune had only “some” video from that night as provided by III Branches Law, but he didn’t specify what other video might reveal.
“It’s not prudent before you have all the facts to start talking about the facts, but I can tell you that this is not a racially motivated incident and the evidence will bear that out at trial,” he said.
In a brief call Sept. 19, Braidwood declined to comment, adding that he had retained a lawyer, but advised The News Tribune to be careful what was published, suggesting that it could lead to a lawsuit for “slander.”
Neither Braidwood nor Irving have any adult criminal history in Pierce County, court records show.
Seeking accountability
Hernandez and Erys Melendez weren’t with Irving the night he was shot. Hernandez, Irving’s spouse, and Melendez, who considered Irving her best friend since high school, live in northern California. Both are plaintiffs in the lawsuit — Melendez as the personal representative of Irving’s estate.
They described Irving as the life of the party who was fond of learning about other cultures and enjoyed comic books and video games. He had always wanted to enter the medical field and then joined the military in 2020. He was a practical nursing specialist and stationed at Joint Base-Lewis McChord, working at Madigan Army Medical Center, according to Melendez.
“I felt like I lost a huge part of me,” Hernandez, 31, said, adding that they’d met in elementary school and had been married only a few months at the time of Irving’s death. “He just loved unconditionally. He’d always be the helping hand.”
Melendez, 31, remembered Irving as an adventurer who’d routinely talk to strangers and try to make them laugh.
“He was like another family (member) that I could 100% be myself (with) and never feel judged and he was my biggest cheerleader,” she said.
Neither could understand the decision not to try Braidwood for Irving’s death and wished that a jury could’ve decided the outcome.
“It’s frustrating,” Melendez said.
Months before his death, Melendez and Irving had a brief conversation about what would happen if Irving died and whether Irving would want to be buried, Melendez said. The context, she added, was what to do in the event that Irving was killed while deployed.
“I didn’t think it’d be Washington,” she said.
This story was originally published September 28, 2023 at 5:00 AM.
