LAKEWOOD, Wash. — Mary Robnett, the Pierce County prosecuting attorney, said her office will not file charges against Lakewood police officer Mike Wiley for shooting and killing Said Joquin in May 2020.
In a release, the city of Lakewood said that Robnett issued a “thorough review of the incident” on Wednesday, which concluded that Wiley’s “use of deadly force, in reaction to an immediate deadly threat, was justified and lawful.”
The review was issued the same day an independent investigation of the shooting concluded.
Wiley shot and killed Joquin during a traffic stop after police say Joquin rolled through a stop sign.
According to Robnett’s review of the incident, Wiley and Lakewood officer Zachary Schueller pulled Joquin over around 4 p.m. on May 1. Shortly after making contact with Joquin and the passenger, Schueller announced over his radio that there was a gun in the vehicle and requested additional units.
The review said Wiley told Joquin that he observed the gun and told him to put his hands on his head. A few minutes later, Wiley called out shots fired after firing four rounds and striking Joquin four times in the upper torso.
Wiley said at the time of the incident that Joquin had begun dropping his hands. Joquin was taken to Tacoma General Hospital, where he later died from his injuries.
Robnett’s review states that there was no video recording of the incident since neither Wiley nor Schueller was wearing a body-worn camera and the in-car video in Schueller’s patrol vehicle was obstructed by Wiley’s patrol car in front of it.
After the incident but prior to the car being moved, pictures were taken of inside the vehicle showing there was a firearm protruding from under the driver’s seat.
According to statements in the review, both officers said they saw Joquin quickly reach in the direction of the firearm before shots were fired.
In a statement, the passenger of the vehicle stated that Joquin had said he was “going to jail” when Wiley had pulled him over. The passenger also said that he was facing away from Joquin when the shooting took place.
Joquin's family disputed Wiley’s story and worked to file a wrongful death lawsuit against the Lakewood Police Department shortly after the shooting.
A lawyer for the family alleges parts of Wiley's statements are inaccurate, including the location of the gun in the vehicle.
"Unless there is a dashcam or a video showing what happened, the police can't, they won't investigate themselves and the prosecuting attorneys work with the police and they won't do it either. That's the reason there's a need for an independent body to investigate these," said Attorney Jack Connelly.
Joquin's mother Dawn Korter said she was disappointed by the prosecutor's decision and the message it sends.
"I know people who don't want their children who are, their kids are now 16 or 17 years old and they're afraid to let their kids start driving, because of situations like this," she said. "It's sending a message of fear to the community."
A Change.org petition calling for Wiley to be charged was also created in 2020 and has since gathered more than 8,500 signatures.
Community organizers also point to Wiley’s past actions, which led to the death of Leonard Thomas in 2013. Thomas was shot and killed by police, and in his wrongful death suit, it was found Wiley shot the Thomas' family dog. Thomas' family was awarded $15 million in punitive damages, including $1.5 million against Wiley.
As for the decision from Robnett, Lakewood Mayor Jason Whalen released the following statement Wednesday, ”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. 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.”