Inquest finalized for 2019 officer-involved shooting in Renton

Anthony Tovar, 43, died as a result of multiple gunshot wounds on Dec. 12, 2019.

An inquest into the death of a 43-year-old man in a 2019 officer-involved shooting by the Renton Police Department was finalized March 26.

A jury deliberated and answered questions regarding the shooting death of Anthony Tovar, 43, after six days of presentations, beginning March 18, of evidence and witnesses surrounding Tovar’s death, including video footage of the incident. Tovar died as a result of multiple gunshot wounds on Dec. 12, 2019, at Harborview Medical Center after a shooting involving the retired Sergeant Russell Radke and Officer Jason Jones of the Renton Police Department.

The six jurors answered 100 interrogatories individually regarding the shooting death of Tovar, including questions on the events, divided into Scene One, the events in the area of the intersection at Southeast 168th Street and 116th Avenue Southeast; and Scene Two, the events in the area of 116th Avenue Southeast after Tovar walked from the intersection; medical aid; officer compliance with Renton Police Department policies and training; use of deadly force; and more.

Judge Marcine Anderson, inquest administrator, read the jury’s answers to the interrogatories on March 26, the final day of the inquest into Tovar’s death.

The interrogatories into Tovar’s death concerned various categories regarding his shooting and death. The interrogatories included factual questions regarding the circumstantial details of the incident like the location of the incident, the actions of police, first responders and medics, and Tovar; and whether the actions of Radke, Jones, and police served as compliant with Renton Police Department policy and Washington State law.

Jurors unaminously agreed upon a majority of questions regarding circumstantial details, agreeing that Radke observed Tovar on patrol in the area of Southeast 168th Street and 116th Avenue Southeast and approached him from a 7/11 parking lot, with Tovar walking across the street as Radke called for him to stop more than once.

Two jurors answered that Tovar was not drinking from a bottle of MD 20/20 alcohol at the scene, with four jurors answering that they did not know.

Jurors agreed that Tovar displayed “what appeared to be a gun” and reached and pointed “what appeared to be a gun” at Radke, with Radke firing a bullet that struck the ground in front of Tovar. Jurors answered that Radke provided warnings to Tovar prior to firing his gun and that Radke’s “shot or shots” did not strike Tovar. Jurors answered that Tovar did not possess a real gun, and that Tovar continued to walk away from Radke after Radke fired his gun at him and abandoned the items that appeared to be a gun after Radke fired the first shots.

Tovar walked north in the roadway on 116th Avenue Southeast, with Radke following on foot and continuing to give Tovar instructions, the jury’s answers unanimously agreed. Tovar did not comply with the additional instructions and made statements in response to Radke. He removed his poncho and shirt and tossed his clothing on the ground, with Radke seeing a knife at Tovar’s waistband area. Additional officers arrived from the South and North, including an Officer Charles Clay Davis and Jones.

Asked whether Davis yelled that Tovar had a knife, one juror answered no and five jurors answered that it was unknown.

Jurors agreed that Jones announced he was firing a less-lethal weapon and then fired a 40 millimeter less lethal projectile at Tovar. One juror anwered that the 40 millimeter projectile did not strike Tovar, with the five other jurors expressing that they did not know whether the projectile struck.

Two jurors answered affirmatively that Tovar had a knife in his hand at the time Jones fired the less-lethal weapon, with the four others answering that they did not know.

The jurors answered that Tovar did not make any attempt to surrender or otherwise comply with any orders after the firing of the 40 millimeter projectile and that Jones returned to his vehicle to obtain another 40 millimeter round.

Three jurors answered that Tovar did not move towards Jones after Jones fired the less-lethal weapon, with the other three jurors answering that they did not know. Jurors answered affirmatively that Radke fired three shots at Tovar, and that Radke did not warn Tovar that deadly force would be used prior to firing his weapon at him.

Two jurors answered that it was feasible for Radke to warn Tovar that deadly force would be used at the second scene and four jurors answered that it wasn’t feasible.

Jurors agreed unanimously that one of the bullets struck Tovar in the neck, and another bullet struck Tovar in the lower left back.

Three jurors answered affirmatively that Tovar had a knife in his hand at the time Radke fired his weapon, with the three others answering that they did not know.

Jurors agreed that officers handcuffed Tovar after he was shot, with Renton Police Department officers requesting medical aid to respond to the scene and providing medical aid to Tovar.

Jurors agreed that the Renton Regional Fire Authority and medics responded to the scene, provided medical aid to Tovar, and transported Tovar to Harborview Medical Center where staff at Harborview provided medical aid to him. Jurors agreed that Tovar died at Harborview Medical Center at approximately 5:06 p.m. on Dec. 12, 2019.

Jurors unanimously agreed that the shots fired by Radke caused Tovar’s death and that the firing of the less lethal weapon by Jones did not cause his death.

In addition to questions regarding the circumstantial facts and details of Tovar’s shooting and death, jurors additionally answered interrogatories regarding the involved officers’ compliance with Renton Police Department policies and training — including use of force and use of deadly force, control devices and techniques, de-escalation, and bias based policing. Jurors also answered interrogatories regarding whether involved officers caused Tovar’s death by criminal means, as per Washington State law.

Five jurors answered affirmatively that the Renton Police Department’s policy regarding use of force applied to the actions of Radke during the incident, with one juror answering no. With one juror not answering, five jurors answered that Radke’s actions during the incident complied with Renton Police Department policy authorizing the use of force and that Radke complied with the department’s training he received regarding use of force.

Jurors unanimously agreed that the department’s policy regarding use of force applied to the actions of Jones during the incident, with Jones acting in compliance with the policy and training he received.

Five jurors answered affirmatively that the department’s policy regarding the use of deadly force applied to Radke’s actions during the incident, with one answering that they did not know whether the policy applied.

Three jurors answered that Radke’s actions complied with the department’s policy regarding the use of deadly force, with two jurors answering that Radke’s actions did not comply, and one answering that they did not know. Three jurors answered that Radke complied with the training he received on the department’s policy regarding the use of deadly force, with two answering that Radke did not comply and one juror not answering.

Jurors answered that the department’s policy regarding the use of deadly force did not apply to Jones’s actions during the incident. Jurors unanimously agreed that Jones acted in compliance with the department’s policy and the training he received regarding departmental policy on control devices and techniques.

Jurors answered in unanimous agreement that Radke and Jones acted in compliance with Renton Police Department policy and training on de-escalation.

In regards to whether Radke acted in compliance with departmental policy on bias-based policing, one juror answered that Radke did not comply with departmental policy on bias based policing, with five jurors answering that they did not know. One juror answered affirmatively that Radke complied with the training he received on policy regarding bias based policing, with five jurors answering that they did not know.

Five jurors answered affirmatively that Jones acted in compliance with departmental policy on bias based policing, with one answering that they did not know. Four jurors answered affirmatively that Jones complied with the training he received on bias based policing, with two jurors answering that they did not know.

Jurors unanimously agreed that Jones did not cause Tovar’s death by criminal means as per Washington State law.

One juror answered “yes,” that Radke caused Tovar’s death by criminal means. Three jurors answered no. Two jurors answered that they did not know.