Snohomish County Prosecutor Considering Charges In First Of Three Different Cases Involving Deadly Force By Everett Police This Spring

June 27, 2023

Police Blotter

Officer involved shooting March 11th

The Region 1 SWAT vehicle behind the house where the shooting happened.

The Snohomish County Prosecutor’s Office is now examining the work of the Skagit – Island Multiple Agency Response Team to determine if criminal charges will be brought against an Everett Police Officer and/or a Snohomish County Sheriff’s Deputy.

On June 23, 2023 that team turned over the results of their investigation into the fatal use of force resulting in the death of 58-year-old Charles Hubbard in the 800 block of 91st Place SE on March 11, 2023. Everett Police were called to a reported domestic violence incident on March 10th 2023 at that address.

An Everett Police officer with seven years experience and a Snohomish County Sheriff’s Deputy with nine years experience were both put on paid leave. Both were serving on the Region One Swat Team and responded to the call there. The end result of that call was a the death of Mr. Hubbard.

Under Washington State Initiative 940 passed in 2018, and Substitute House Bill 1064 in 2019, incidents where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm require an independent investigation. This investigation must be conducted in the same manner as a criminal investigation and state law now requires an “independent investigation” completely independent of the involved agency. In this case the Skagit-Island SMART was agency conducting the independent investigation.

Here is the initial Press Release from the Skagit-Island Multiple Agency Response Team.

In the early morning hours of March 11, 2023, the initial SMART Team deployment consisted of 22 members to include investigators, crime scene specialists, evidence technicians and command staff. The investigation during the onset included securing the site to collect evidence, document the scene, identify those involved, and interview witnesses.
Although it is early in the investigation, SMART has learned the following: On March 10, 2023, at approximately 11:23 pm Everett Police responded to the 800 block of 91st Place SW, for a victim of domestic violence with visible injuries. The suspect in the domestic was identified as a 58-year-old Everett male. Initial responding officers also learned the suspect was known to be in possession of both rifles and handguns in the past.

As a precautionary approach, officers contained the suspect’s residence and attempted to use a public address system to call him to the street. When he was seen looking out the window and not responding, he was considered a barricaded suspect. Snohomish County Region 1 SWAT was requested.

During the attempts to negotiate with the suspect, he was seen pointing a gun out the window. Attempts were made to negotiate with him also by text and phone. A warrant was obtained for the suspect’s arrest.

SWAT was in a position near the residence when a male was observed in the backyard. At approximately 1:21 am on March 11, 2023, five SWAT team members entered the backyard and gave the suspect verbal commands. Two SWAT Team members fired lethal rounds, striking the suspect. SWAT provided immediate first aid, however the suspect died at the scene. The suspect was in possession of two handguns. No SWAT team members were injured during the encounter.

The two law enforcement officers involved in the lethal encounter are an Everett Officer with seven years of service and a Snohomish County Deputy with nine years of service. Both are on paid administrative leave as standard practice.

Editor’s note: Again that was the initial press release from the Skagit-Island team. State law requires weekly updates on the investigation even if there is nothing new to report. You can click here to see the full set for this case.

Now it is up to the Snohomish County Prosecutor’s Office to review the Skagit-island County Team’s investigation and determine if charges should be filed. We have asked but not been able to get any information from the Snohomish County Prosecutor’s Office on that process.

We asked Everett Police for comment whether or not the department would be releasing body camera footage and if the EPD Officer had been returned to active duty. We received the following statement via email from Public Information Officer Ora Hamel:

Even though the case has been turned over to the Snohomish county prosecutor, the Everett Police Department has no factual knowledge about the case, as outlined by WAC 139.12.030. The WAC specifies that firewalls be put in place to prevent the involved agency’s administration from getting any briefings or information until the investigation is complete. At some point in the future, Skagit SMART will provide police command with a briefing about the events leading up to the lethal force encounter.

Body worn camera footage may be released pursuant to public disclosure requests and in accordance with law.

Two other investigations of deadly use of force involving Everett Police officers are still underway and not yet been referred to Prosecutors.

The Snohomish County Multiple Agency Response Team is investigating an officer involved shooting where a person was killed by gunfire by an Everett Police Officer on March 22nd. That occurred during a time when an Everett Police Officer was shot during a robbery investigation in the 8500 block of Evergreen Way.

The King County Independent Force Investigations Team is still conducting an investigation after a man was shot and killed in north Everett on May 19th near 9th and Pine Street. An Everett Police Sergeant, Lynnwood Police Sergeant and deputy with the Snohomish County Sheriff’s Office are under investigation in that case.

There is no timeline when either of those two investigations may be completed.

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