By Andrew Binion
Kitsap Sun
PORT ORCHARD — A state Department of Corrections officer was justified when he opened fire at a gun shop burglary suspect riding in an SUV that had just rammed his vehicle and another law enforcement vehicle in April, the Kitsap County Prosecutor’s Office ruled.
Nicholas L. Weber, who is a Corrections employee but a permanent member of the U.S. Marshal’s Fugitive Task Force, was part of a posse that had been searching for Patrick Weldon Nelson Jr., 40, who was suspected of being the driver in a Gorst gun shop burglary.
Throughout the afternoon of April 28, the Task Force had been tracking a Chevrolet Blazer driven by a Sequim woman believed to be Nelson’s associate, Colette Rapp, 39. The officers observed the Blazer stopping and turning and attributed that to “heat checks,” or attempts to throw off police vehicles that may have been tailing the Blazer.
Believing Nelson was in the SUV with Rapp, which had parked in a dead-end inside Forest Ridge Park in Bremerton, two SUVs turned on their red and blue lights and cornered the Blazer.
Weber had reason to believe Nelson was armed and reported seeing Nelson make “furtive” movements. Weber’s SUV had just been rammed in an apparent attempt to escape by violent means. Weber also believed, because of the ramming, that he and fellow officers were under attack, according to the Sept. 22 memo from Prosecutor Russ Hauge.
“Though Officer Weber was aware that he was injured, he was unsure of how severely or exactly where he was injured,” according to the memo. “He was dazed, unable to see out of his left eye and felt he was losing consciousness.”
Weber suffered a broken nose, concussion and a cut to his left eyelid that required seven stitches.
Weber shot “multiple” rounds through the windshield of his SUV and into the vehicle that had rammed his. One of the bullets grazed Nelson’s scalp. The incident took place at 5:20 p.m. in the park, which is a popular urban green space surrounded by residences and a short distance from a Boy Scout hall.
“The actions of both Nelson and Rapp put (Weber) in a position where the use of force was necessitated to affect the arrest,” according to the memo.
Rapp told investigators she did not intend to hit the two vehicles and “would never intentionally hurt anyone,” according to court documents.
“It all happened so fast,” Rapp told investigators. She said she had picked up Nelson in Bremerton the day of the incident and he had directed her to the park so they could talk.
Rapp has been charged in U.S. District Court with assault and resisting a federal officer. Her trial date is set for Dec. 9.
Investigators believe Nelson helped Matthew Howard Wright burglarize a Gorst gun store April 9. Fourteen guns were stolen. At last count, investigators had recovered nine.
The Prosecutor’s Office also released a memo this week that said a Kitsap County Sheriff’s sergeant was justified when he traded gunfire with a mentally ill man in Navy Yard City on April 14.
Sgt. Clint Bergeron encountered Dustin L. Sutherland while investigating a reported trespass in the neighborhood and approached him. Without warning, Sutherland pulled a .22 caliber pistol and opened fire, shooting three times, according to reports. Bergeron fired back, shooting five times.
Neither man was struck directly, though Sutherland was injured by a ricochet He dropped his gun and ran. He was later arrested. He currently faces charges of first-degree assault and second-degree unlawful possession of a firearm. He was found not competent to stand trial, and is having his competency restored. His next court date is Tuesday.
Hauge said that the office received the investigation into the June 20 fatal shooting of Thomas Daniel Rogers by Port Orchard police, who were attempting to arrest him on several warrants from Oklahoma for child sexual abuse. Following the review of the incident, the memo will be released, Hauge said.