WA audited two probes into fatal Tacoma police shootings. It found these lapses
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- The state auditor’s office examined PCFIT’s probes into fatal Tacoma police shootings.
- PCFIT didn’t follow state rules in certain instances, the audits found.
- Lapses were largely administrative, but also included unauthorized case file access.
The Pierce County Force Investigation Team (PCFIT) didn’t follow state rules in certain instances while investigating two fatal encounters involving Tacoma police officers, the state auditor’s office said.
In its probes of deadly shootings in 2022 and 2024, PCFIT failed to follow all requirements intended to avoid conflicts of interest and ensure victims’ families or the public are timely apprised of the status of the independent investigations, according to findings by the Office of the Washington State Auditor.
The findings, published in separate reports on May 14, were largely related to administrative issues, including missed forms and the issuance of news releases. But they also showed that a non-investigating officer accessed one case’s file before PCFIT restricted it and that the Tacoma Police Department, unlike other agencies, didn’t formally require its supervisors to instruct officers not to discuss a case before talking to investigators.
In responses embedded in the two reports, PCFIT said it stood by the quality of its investigations and is continuing to improve the administrative functions of the investigation process and its communication.
“Any administrative issues pointed out in the audit have no impact on the facts of the investigation,” Pierce County Sheriff’s Office Major James Loeffelholz, in his capacity as a commander for PCFIT, said in a statement in both reports.
The Tacoma Police Department didn’t respond Thursday to an inquiry seeking comment.
Why a state audit?
PCFIT comprises detectives, forensic investigators and public information officers from law enforcement departments throughout the county, and community representatives. It was formed to comply with a 2018 statewide ballot initiative banning agencies from investigating their own use-of-force cases resulting in death or significant injury.
Independent investigation teams such as PCFIT are common across the state.
A new state agency took over probes into fatal use-of-force cases in Pierce County on May 1, although PCFIT is expected to continue investigating non-deadly cases. The Washington State Office of Independent Investigations, created by the Legislature in 2021, plans to eventually grow to handle investigations statewide.
The state auditor’s office is required by law to audit all investigations into deadly use-of-force cases. It reviews probes based on the following factors: independence, transparency, communication and credibility, including conflicts of interest. The office does not examine the uses of force or whether they were justified.
“Our independent audits provide essential accountability and transparency regarding police use of deadly force investigations,” the two reports said. “These audits are valuable to the Legislature, law enforcement agencies and the public in assessing police accountability efforts.”
Review of two fatal shootings
The agency assessed PCFIT’s compliance with state laws and rules in the handling of two cases: the deaths of Dillion Pugsley and Rhoda Butler. It found that PCFIT and officers involved in the incidents “complied with many requirements to ensure the investigation...was independent, transparent, credible and communicated to the public timely, as state laws and rules require.”
Pugsley, 39, was shot and killed by Tacoma police in December 2022 after he was asked to leave a South End bar, allegedly fired gunshots in the direction of the business and later led police on a chase to the 5700 block of McKinley Avenue, where he crashed and the shooting occurred, according to the audit and The News Tribune’s previous reporting.
The Pierce County Prosecuting Attorney’s Office declined in July 2024 to file charges against three officers who fired 23 total shots at Pugsley after he fired at officers from the driver’s seat of his vehicle, the audit said.
Butler, 61, was shot and killed during a Tacoma SWAT team standoff in January 2024 after she allegedly fired a gun toward her neighbors near the 4000 block of South Bell Street, The News Tribune previously reported. The Prosecuting Attorney’s Office declined in September 2024 to file charges against four officers who fired seven total shots at Butler, hitting her six times, according to the audit.
In the Butler case, involved officers were not separated at the scene, which goes against best practices outlined by the Criminal Justice Training Commission (CJTC), according to the audit. There was no indication, however, that officers discussed the case prior to providing statements to PCFIT investigators, the report said.
In the Pugsley investigation, auditors were unable to determine whether a supervisor directed the involved officers not to discuss the case, or if any did discuss the case, before providing statements to PCFIT.
“We found that Tacoma Police Department policy does not require supervisors to order involved and witness officers to not discuss the case until they provide statements to PCFIT investigators, which is common practice to help ensure statements can be made independently,” the report said.
Additionally, an officer, who was uninvolved in the Butler shooting and PCFIT’s investigation, accessed the case file before PCFIT restricted it to investigators two days after the shooting, according to the audit. PCFIT is required by Washington Administrative Code to limit access to a case file to only investigators. PCFIT told auditors that the officer, who reportedly was new and curious about the shooting, had since been educated about the state rule.
The state auditor’s office made a handful of unique recommendations between the two reports, including that PCFIT require community representatives to complete conflict-of-interest assessments, which are intended to identify any potential biases including relationships with involved officers. PCFIT told auditors it has updated its policy to do so.
PCFIT is required by state administrative code to publish weekly public updates on an investigation’s progress even if there’s nothing new to report. The team missed publishing a news release in one week during both probes, which lasted 13 and 29 weeks, respectively, according to the audits. Victim family members must receive advance notice of the postings, but PCFIT provided Butler’s family with a late notice in eight of 29 weeks, an audit said.
The auditor’s office recommended that PCFIT provide families with advance notice of all press releases and maintain documentation that it did so.
The auditor’s office also recommended PCFIT restrict case files as soon as possible during an investigation. And it suggested that PCFIT’s member agencies, including the Tacoma Police Department, separate involved officers at the scene, maintain documentation that they did so, and require supervisors to order involved and witness officers not to discuss the case prior to speaking to investigators.
