Kitsap County Prosecutor Russ Hauge has decided not to prosecute Deputy Krista McDonald for shooting at Anthony A. Martinez in the Port Orchard Walmart Parking lot on Jan. 23.
“Deputy McDonald utilized deadly force, but only after seeing two of her fellow officers shot down,” according to a Decline to Prosecute Notice released on Tuesday afternoon. “With bullets being fired in her direction, she brought down the assailant as he was running away from her and at a range of over 30 yards. She committed no crime.”
In addition to exonerating McDonald, the document also provided additional details of the events leading up to the shooting, and the shooting itself.
First, a female called law enforcement officers to report that she “felt uneasy” about Martinez’s relationship with a 13-year-old girl he had with her.
“He had a young woman with him who he identified as his daughter,” according to the notice, “however, the reporting party considered his behavior romantic rather than parental.”
The caller also noticed that Martinez carried a loaded pistol magazine.
“Concerned,” the report states, “Martinez’s Port Orchard acquaintance passed on what she knew to the Kitsap County Sheriff’s Office.”
That was enough information for the deputies to look into the situation, but not make an arrest.
The three deputies detailed to make this inquiry were John Stacy, Andrew Edije and Krista McDonald, Stacy spoke with Martinez first, and asked him to identify himself.
“Martinez said that his name was ‘Nick,’ and produced a food-handler’s card as an identification document,” according to the notice. “Deputy Stacy asked for something more definitive.”
Martinez couldn’t produce anything.
“When Deputy Stacy asked him to stand so he could conduct a pat-down search for officer safety, Martinez broke and ran,” the notice said. “Deputy Stacy tried to grab him but missed and fell down.”
Then, the deputies began chasing Martinez.
“Halfway across the street, Martinez drew a pistol and fired,” according to the notice.
Ejde, 48 sustained a wound to his arm and shoulder, and Stacy, 50, was shot in the shoulder.
McDonald, who had arrived on the scene from the rear of the store, returned fire.
“She struck Martinez once in the left leg, just above the knee,” the notice said. “Her bullet fractured his femur, and he immediately went down.”
At that point, the 13-year-old girl who was with Martinez approached him as he lay on his back and fell down as she reached him.
“The video also shows that Deputy McDonald does not appear to be shooting at that time,” according to the notice.
The prosecutors listed several other reasons they believe Martinez, rather than McDonald, shot the girl.
“The forensic analysis of the evidence shows that Valdivia was struck by bullets fired from no more than three feet away,” the report states. “This is shown by the pattern formed by traces of gunpowder on her T-shirt,” which couldn’t have come from McDonald, who was 50 to 60 feet away when she went down.
Also, the bullet was different. McDonald and Martinez both used .40-caliber Glocks, but Martinez loaded his with 185-grain bullets, while McDonald used lighter 155-grain bullets.
The girl was identified as Astrid Valdivia, who had run away from her foster home in Utah.
“Martinez was facing felony charges for inappropriate contact with her,” according to the notice. “He was out on bail at the time of the shooting.”
Decline to Prosecute – McDonald-1
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