No criminal charges to be filed against Lakewood officer who fatally shot Said Joquin
A Lakewood police officer who fatally shot a Black man during a traffic stop in 2020 will not face criminal charges.
On Wednesday, Pierce County Prosecuting Attorney Mary Robnett sent a 21-page letter to Lakewood Police Chief Mike Zaro detailing why she believes officer Michael Wiley was justified in killing Said Joquin on May 1, 2020.
The letter discusses Joquin’s “unpredictable and dangerous behavior” by running a stop sign on a busy road in front of police, bullet trajectory evidence showing the 26-year-old no longer had his hands on his head when shot by Wiley and a handgun found on the floorboard near Joquin’s feet.
It also refutes rumors that police planted the gun after the shooting. Investigators had the weapon tested for DNA and determined that none belonging to any officers who responded to the scene were found on the .22-caliber semiautomatic pistol. Only Joquin’s DNA was on the pistol.
Joquin’s name was regularly invoked during recent local protests against racial inequality and police brutality.
His mother and sister have filed a $25 million wrongful death lawsuit claiming Wiley is “an unnecessarily aggressive officer with a history of previously improperly and unnecessarily escalating an encounter with a young unarmed African-American man into the unjustified use of deadly force.”
In 2013, Wiley led a SWAT team that blew open the back door of Leonard Thomas’ home in Fife and fatally shot the family’s dog, Baxter. Thomas was a Black man who prompted a police stand-off when he refused to hand over his son to his mother, who was concerned about his drinking that night. He was killed by a sniper’s bullet.
A federal jury later found police committed 14 civil rights violations that night and singled out Wiley and Lakewood Police Chief Mike Zaro’s actions for being egregious and leading to Thomas’ unnecessary death. The city paid Thomas’ family $13.1 million to settle the wrongful death suit.
Prosecutors considered the Thomas case while weighing charges in the Joquin shooting but said state law would have prevented them from using that information in a prosecution against Wiley.
It all comes down to the fact that police tried to de-escalate the situation but Joquin disobeyed orders and suddenly reached for the handgun, according to Robnett’s letter.
“Because reaching for a loaded handgun during this police encounter posed an imminent threat to both officers, we have determined that the use of deadly force was justified,” she wrote.
Wiley pulled over Joquin after he ran a stop sign at Whitman Avenue Southwest and Steilacoom Boulevard Southwest, forcing the officer to slam on his brakes to avoid hitting the 1997 Ford Thunderbird Joquin was driving.
Officer Zachary Schueller, who was in the area, assisted with the traffic stop.
As Joquin was reaching for the car’s registration and insurance, Wiley said he spotted a gun on the floorboard. He signaled over the roof of the vehicle to Schueller, mouthing the word “gun.”
Wiley then removed his gun from the holster and held it against his chest with the barrel pointing down, records say.
“If you reach for anything, alright, you will be shot. Do you understand? Put your hands on your head,” Wiley told Joquin, according to a transcription of Schueller’s microphone.
Both Joquin and his passenger, Angel Vargas, did as they were told.
Joquin allegedly tried to strike up a conversation with Wiley, telling him he needed the gun for protection and asking the officer if he was nervous.
The officers told the men that backup was coming to help them safely deal with the gun in Joquin’s car.
Seconds later, investigators say Joquin lowered his arms and started to reach for the gun on the floorboard.
Wiley opened fire, striking Joquin four times in the torso. Joquin was taken to Tacoma General Hospital, where he was pronounced dead.
“The handgun was within easy reach of Mr. Joquin and he had disobeyed clear, direct orders to keep his hands on his head,” according to Robnett’s letter. “Officer Wiley believed Mr. Joquin was grabbing the handgun to shoot Officer Wiley or Officer Schueller and attempt to flee.”
When backup arrived, police found Joquin’s Thunderbird was in reverse and had rolled backward against a patrol car.
Although Schueller’s microphone captured some audio of the encounter, there was no video of the traffic stop or the shooting. There were also no witnesses — neither Vargas nor Schueller were looking when shots rang out.
Medical examiners indicated Joquin’s left arm was near his abdomen when he was shot, according to a police report.
The autopsy report lists the angle of the bullet wounds but gives no indication on how Joquin’s body was positioned. It also says Joquin had fentanyl in his system when he died.
In his statement to police, Vargas said Joquin was “off” and had been “driving kinda crazy” before running the stop sign. He also allegedly said he’d never seen Joquin without a gun.
He told a different story to Joquin’s family, which prosecutors said brought up a credibility issue.
“It is important first to note that a changed story by a key witness represents a weakness in any prosecution,” Robnett said in the letter. She also noted Vargas never changed his account in his police statement.
Prosecutors say the officers tried to de-escalate the situation before the shooting by speaking calmly, clearly explaining what was happened and issuing easy-to-follow commands.
“Although Mr. Joquin had engaged in unpredictable behavior with respect to driving the car, the officers did not use force of any kind in their initial contact with him,” according to the letter. “It was the presence of the handgun within easy reach that prompted them to use reasonable, non-deadly force and de-escalation in an effort to keep themselves and others safe.”
Mike Wiley, 51, has worked in law enforcement for nearly 20 years and been with Lakewood police for 17 years. An internal investigation has already found his actions in the Joquin shooting to be within policy.
“We are grateful that this matter is now completed and that the independence and thoroughness of the investigation will encourage public confidence in the process as required by State law,” Lakewood Mayor Jason Whalen said in a statement. “Notwithstanding the City’s appreciation for the completion of the independent investigation, we extend our continued sympathies to the Joquin family for the loss of their loved one.”
This story was originally published March 10, 2022 at 5:00 AM.
