CLARK COUNTY, Wash. — Clark County has agreed to settle a wrongful death lawsuit filed by the family of Kevin Peterson Jr., a 21-year-old Black man, who was shot and killed by deputies in 2020.
The family will receive $1.25 million from the county and its insurers.
In Oct. 2020, Clark County Sheriff's deputies fatally shot Peterson during a failed drug sting. Peterson had expected to deliver Xanax pills and showed up to a parking lot in Hazel Dell, but ran away when he realized it was a setup, according to attorney Mark Lindquist.
Though former Clark County Sheriff Chuck Atkins said Peterson shot at deputies first, an independent investigation found no evidence to suggest that. A Pierce County prosecutor later found the shooting "justified and lawful," with the two deputies who shot at Peterson cleared of criminal wrongdoing.
In May 2022, Peterson's family and the mother of his child filed a lawsuit, which accused Atkins and the deputies involved of wrongful death, negligence and excessive force.
A year later, a federal trial judge ruled the lawsuit could move forward after the county asked for it to be dismissed; Clark County appealed the ruling to the Ninth Circuit Court of Appeals, but once again, the court ruled in favor of allowing the lawsuit to go forward. The lawsuit was scheduled to go to jury trial in 2025.
In a Wednesday statement, the Clark County Manager's Office maintains that Peterson pointed a handgun at deputies after they ordered him to surrender, concluding with "This settlement allows the parties to move on from this unfortunate event."
KGW spoke Wednesday with Mark Lindquist, the Peterson family attorney, who disputes the statement that Peterson pointed a gun at deputies. He argued that what was in Peterson's hand may have looked like a gun, but was actually his cell phone. In addition, his team said deputies fired a first round of shots as Peterson was running away.
“While the loss of life is always tragic, I fully support the actions of my deputies, who acted in accordance with their training and the law to protect themselves and our community," said Sheriff John Horch in a statement. “We will continue to focus on our mission to serve and protect. I stand firmly behind the men and women of the Clark County Sheriff’s Office.”
Meanwhile, Mark Linquist, who represents Peterson's family, said in an email, "From the beginning, Kevin’s family wanted justice, accountability, and changes in Clark County. While no amount of money will bring Kevin back to his family, this resolution does bring justice and accountability."