TACOMA, Wash. — A Tacoma police officer who was caught on video driving his squad car through a crowd at a street race will not face charges, the Pierce County Prosecuting Attorney announced.
Video shows the officer, identified as 58-year-old Khanh Phan, driving his patrol car through a crowd that was gathered around his vehicle in January of 2021. People were pounding on the windows of the vehicle, according to statements from the Tacoma Police Department (TPD).
Two people were taken to the hospital. Police said none of the injuries were believed to be life-threatening.
In her charging decision, Prosecuting Attorney Mary Robnett said the officer was "unlawfully restrained and attacked" by a "violent mob."
"We will not file charges against any of the involved officers, nor would we file charges against anyone, police officer or not, who had been similarly unlawfully restrained and attacked by a violent mob," Robnett's decision read.
The incident occurred after Tacoma police responded to reports of a large crowd gathered in the area of South Ninth Street and Pacific Avenue on the evening of Jan. 23, 2021.
Witness accounts and video posted on social media showed a group gathered for a street racing event.
When officers arrived, one spectator began waving his arms and shouting "block the cops," at which point a crowd surrounded the patrol car and began "beating on the windows, kicking the car, rocking the car and yelling profanities at the officer," according to the Pierce County Force Investigation Team (PCFIT).
Phan tried to back up his patrol vehicle but was unable to as the crowd moved behind him, according to the investigation. Phan saw and heard what appeared to be a glass bottle with liquid breaking against his left passenger side window. He recalled thinking the bottle was a Molotov cocktail that would ignite and cause his fuel tank to catch fire, according to the investigation.
Phan believed there was a small opening in front of his patrol car, so he drove forward slowly, knocking down several pedestrians. One man ended up under the vehicle and may have been struck or run over by Phan's rear tire, according to the investigation.
The squad cars of two other officers who responded to the scene were also hit and surrounded by pedestrians and other cars, according to the investigation. Phan and the two other officers "all expressed fear that they would be dragged from their cars and killed by the mob," the investigation read.
Phan's patrol car had "significant damage" to the driver's door and body damage to both sides of the vehicle.
PCFIT concluded Phan's actions were "reasonable and necessary to protect himself from death or injury and remove himself from imminent danger" and his "intentional use of force" was "justified under these circumstances."
PCFIT interviewed 20 witnesses to the incident, including four people who identified themselves as being struck by Phan's vehicle.
Two of them sought care at the hospital and were released with no scheduled follow-up care. One man's injuries included abrasions, leg and general pain, as well as a collapsed lung, according to the investigation. He was discharged after being held for observation.
Tacoma Police Union I.U.P.A. Local 6, which represents Tacoma police officers, applauded Robnett's charging decision.
"Justice requires an objective review of facts and evidence and an even-handed application of the law," the union said in a statement Friday. "We thank our county prosecutor for upholding justice."