Académique Documents
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Russell D. Hauge
Prosecuting Attorney August 26, 2010
July 23, 2010 was a Friday. Silverdale Whaling Days, a community celebration scheduled to
last through the weekend, was just getting underway. The Silverdale area is part of
unincorporated Kitsap County.
Although an officer of the Poulsbo Police Department, Officer Moore was working in
Silverdale as part of a Driving Under the Influence of Intoxicants (DUI) enforcement
emphasis patrol. From time to time, the local law enforcement agencies in Kitsap County
and the Washington State Patrol will join together and focus DUI enforcement efforts on a
particular geographic area of the County. A DUI emphasis patrol is publicized beforehand to
deter potential drunk drivers. All participating officers are commissioned to exercise law
enforcement authority throughout the County.
Moore was assigned to the Silverdale area as part of the emphasis patrol. He was in full
uniform and driving a clearly marked Poulsbo Police Department patrol car. Navy Petty
Officer Erik Nelson was also in the car as a civilian observer. Civilian “ride-alongs” are a
regular part of local law enforcement practice.
Just before 10:25 p.m. Officer Moore noted a vehicle eastbound on NW Bucklin Hill Road
near its intersection with Mickleberry Road. It was a white Honda Accord, Washington
license number 876 WTW. It had swerved suddenly in its lane of travel. Given the time of
day, the community celebration, and the heavy traffic, this swerve gave Officer Moore a
reasonable suspicion that the driver might be under the influence of intoxicants. Officer
Moore engaged his emergency lights, signaling the Honda to stop. He informed Cencom as
he did so.
There was one person in the vehicle: the driver, Matthew Netter. He responded immediately
to the patrol car’s lights by pulling off to the side of Bucklin Hill Road. Officer Moore
exited his car and approached Netter’s Honda. Netter remained in his vehicle. Traffic on
Bucklin Hill road was very heavy, so Officer Moore asked him to continue on less than a
block and turn right on Mickleberry into the parking lot of Timberland Bank. The bank was
closed for the weekend, and that part of Mickleberry is not heavily traveled. The Officer’s
plan was to continue the contact in an area that would not interfere with the heavy Whaling
Days traffic.
Standing by the Honda driver’s door, Officer Moore explained the reason for the stop and
asked to see the documents necessary to lawfully operate a motor vehicle: driver’s license,
vehicle registration, and proof of insurance. Netter produced a Washington driver’s license.
Netter told Officer Moore that the swerve noted by the officer was necessary to avoid a car
entering his lane from a side street. Officer Moore responded politely.
Approximately three minutes into the contact, the officer received a radio transmission from
Cencom advising that Netter presented a possible safety risk. The dispatchers at Cencom can
immediately access the electronic law enforcement records associated with identifying
information, like a vehicle license number. When Officer Moo
re informed Cencom that he was stopping a car identified by Washington plate 876 WTW,
the dispatcher automatically checked to see what, if any, criminal history was associated with
the vehicle. Netter had been the subject of a domestic violence allegation on March 6, 2010.
He had been driving the Honda at that time. The Port Orchard Police Department had
investigated that incident and included in their report information from witnesses alleging
that Netter had access to weapons and had indicated a willingness to fight with law
enforcement.1 This information was linked to the plate number. When Cencom ran its check
on July 23, that portion of the prior report came up and was relayed to Officer Moore for his
safety.
Netter heard the transmission and denied the allegations. Office Moore continued to respond
politely, assuring Netter his only interest was that they both be safe. He told Netter that to
ensure their safety, he intended to check Netter’s person for weapons. In this kind of
situation, a simple pat-down by the investigating officer is necessary and legal.
1
See Port Orchard Police Department Report Number D10-000589
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JULY 23, 2010
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Officer Moore asked Netter if he had any weapons in the car, and Netter stated he did not.
Directing Netter to keep his hands in view, Moore opened the Honda’s driver’s side door so
that Netter could exit the vehicle. For the next few seconds, Netter complied with the
officer’s directions, but became increasingly agitated. He raised his voice, demanding to
know why he was being “searched.” Officer Moore attempted to explain that he was not
interested in conducting a full search of his person. Netter raised the volume of his
arguments and began moving about in the car. Officer Moore responded by raising his voice,
and that tactic produced another few seconds of compliance by Netter.
But Netter could not keep still and would not obey the officer’s commands to keep his hands
in sight. Without any apparent explanation, he suddenly dove to his right, across the empty
passenger’s seat. In an attempt to subdue him, Officer Moore jumped into the car. He
engaged Netter, calling to his rider to get on the patrol car’s radio and call for help. They
struggled briefly, and then Officer Moore jumped out of the Honda shouting “Gun!” He
quickly drew his service weapon, and shouting to Netter to drop the gun and stop resisting,
fired nine times at Netter, still in the front seat of the Honda. The shots were fired at close
range in two quick volleys. Netter was struck eight times.
Officer Moore fired until Netter no longer presented a threat. This is consistent with the
training received by all Washington law enforcement officers. When Netter stopped moving
and dropped his pistol, Officer Moore immediately called for assistance, radioing that shots
had been fired and that the subject had been hit. He kept his weapon trained on Netter as he
made the call, relaying to Cencom that an airlift was needed, but Netter’s weapon had not yet
been secured. Officer Moore made this call at 10:30:22 p.m. Just over five minutes had
passed since the contact began.
Netter’s body was the only object removed from the Honda until a search warrant was
obtained Monday, July 26, 2010. Netter’s pistol was found on the passenger-side floorboard
in a location and position consistent with it falling from his hand after he was shot. It was a
fully loaded .40 caliber H & K semi-automatic. There was a round in the chamber, the
weapon was cocked, and the safety was off.
Washington State law defines a homicide as justified when a law enforcement officer finds
deadly force necessary “to overcome actual resistance...in the discharge of a legal duty.”
RCW 9A.16.040(1)(b). Poulsbo Police Officer Darrel Moore was lawfully on duty on the
evening of July 23, 2010. He stopped Matthew Netter after developing a reasonable
suspicion that he was driving in an impaired state. He treated Netter with courtesy and
professionalism, even after Netter was identified as a possible threat. When Netter became
agitated, he attempted to control the situation with verbal commands. Netter failed to
respond to Officer Moore’s efforts and acted in an unambiguously hostile manner. Still
Officer Moore tried to bring him under control using the minimum force necessary. But
when Netter produced a pistol he left Officer Moore no other choice. Officer Moore’s use of
deadly force was more than justified—it was the only response possible.
2
As part of the protocol for investigating and officer-involved shooting, Officer Moore gave a blood sample.
The sample was taken by Central Kitsap Fire personnel at approximately 1:30 a.m. on July 24, 2010. Officer
Moore had been in the company of other police officers since the shooting. The blood draw was observed by
Kitsap County Sheriff’s Department Detective Chad Birkenfeld. The analysis of the sample showed no
controlled substances.
MOORE/NETTER OFFICER INVOLVED SHOOTING
JULY 23, 2010
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MOORE/NETTER OFFICER INVOLVED SHOOTING
JULY 23, 2010
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