He fatally shot a man at a Tacoma homeless camp. Here’s why a jury found him not guilty
A 35-year-old man who shot and killed a person at a Tacoma homeless encampment has been found not guilty of murder. Jurors determined he acted in self defense.
After about an hour-and-a-half of deliberations Tuesday, a jury in Pierce County Superior Court found Thomas Andrew Pearson not guilty of second-degree murder in the Dec. 3, 2020 killing of Patrick Nathan Shenaurlt.
Pearson was one of two people charged in the attack. Michael John Red Cloud, 33, was charged with second-degree murder, accused of going to a homeless encampment with Pearson at the corner of Sixth Avenue and South M Street because Red Cloud was infuriated by a different homeless man who broke into his car days before.
According to court records, Red Cloud used a piece of lumber to strike at people in tents. The man allegedly told Tacoma Police Department officers in an interview that he went there to try to force everyone living there to leave, and he said he called Pearson to come with him for “backup.”
In a statement to The News Tribune, the victim’s family said Shenaurlt was a loving son and brother. A vigil was organized for the man the day after he was killed near the encampment in the city’s Hilltop neighborhood.
“Our hearts were broken when he was murdered,” the family wrote. “We miss him every day. It is horrifying that he was shot in the back and killed, and disgusting that his killer was not found guilty.”
The defendant’s attorney, Derek Smith, said Wednesday that he was happy for his client, and that the outcome left Pearson overwhelmed with emotion.
“It’s not something that Tom feels good about at all,” Smith said. “He feels relieved, and he’s happy about that, but he knows full well that — he wishes things had been way different.”
The News Tribune was not able to reach the lead prosecutor in the case for comment. According to court records, Red Cloud’s murder case is set to go to trial Dec. 1 with the same prosecutor, Thomas Howe.
Shenaurlt had been homeless since 2013, according to previous reporting from The News Tribune. He was in a tent with three others when Red Cloud allegedly hit the tent with the piece of lumber, concussing one woman and breaking another’s arm or wrist. Shenaurlt stepped out with what looked like a firearm but was actually a pellet gun without an orange tip, according to court records.
In court filings, the defendant’s attorney wrote that Pearson began to leave the area when Red Cloud started hitting tents. As he was leaving, he saw Shenaurlt with what appeared to be a gun in his hand, and he saw the man point it at him. That’s when Pearson drew his handgun and shot five times, fatally striking Shenaurlt.
The Pierce County medical examiner later found that Shenaurlt died of multiple gunshot wounds. According to the declaration for determination of probable cause, police found the victim with two gunshot wounds to the back.
Pearson remained at the scene and surrendered to police officers, who were dispatched at about 7:45 p.m. that evening. Pearson posted bail shortly after the shooting, and, according to court records, Red Cloud made bail after charges were filed later in the month. Both have been out of custody since.
The pellet gun Shenaurlt was holding was found by detectives. Asked what evidence at trial showed the victim was armed, the defendant’s attorney said the pellet gun was exactly what Pearson described seeing to police before it was recovered: a full-size replica of a firearm with no orange tip indicating it was a pellet gun.
“Anybody looking at it would have said it was a gun,” Smith said.
The defense attorney said that during the nine-day trial, Pearson was the only one to testify that he saw Shenaurlt with the gun, but that several witnesses who did not testify at trial also said they saw Shenaurlt come out of the tent with it.
Staff writer Craig Sailor contributed to this report.
