Photos of the wooden model were used to demonstrate the positioning of the victim’s arms in response to police officers’ orders.
On October 23, 2018, Nick Peters, 24, was fatally shot by Snohomish County Sheriff Deputy Arthur Wallin, following a car chase that ended with him crashing into a tree. Peters was shot twice while still in his vehicle.
Wallin maintained that he had shot Peters for fear that his partner would be run over by Peters during an attempt to flee. He also said that he had an instinct that the victim was reaching for a weapon. Peters' family asserted instead that their son was attempting to respond to conflicting commands being shouted by the police. They filed suit against the County for misuse of deadly force by the Sheriff's deputy.
Hayes+Associates was retained by Jeffrey M. Campiche of the Seattle law firm Campiche Arnold (https://campichearnold.com/) to reconstruct the shooting and determine which of the two versions of the event was supported by the facts. Using a wooden artist's model and his background from teaching anatomy, H+A founder and president Wilson C. "Toby" Hayes, PhD used the entry and exit wounds and the internal injuries found at autopsy, to show the positioning of Mr. Peters' arms in relation to the officers weapon. The analysis showed unequivocally that Peters was attempting neither to retrieve a firearm, nor to drive the vehicle away.
In mediation, Dr. Hayes' photos and explanation of the posed wooden model were used to demonstrate Peter's arm positions in response to the officers' orders. Peters was, in fact, reaching with his left hand on the door handle to exit the vehicle, while simultaneously raising his right hand in surrender. When shot and killed, Peters was attempting to respond to two orders at once, as the police were shouting, "Get out of the car!" And "Raise your hands!"
The case settled for $1 million out of court, in favor of the Peters family.
Following an internal investigation, Wallin was fired from the Snohomish County Sheriff's Department. Some months later in early 2020, after the election of a new Sheriff, Wallin was reinstated.
Hayes+Associates, Inc. (https://www.hayesassoc.com) is an expert witness and consulting firm based in Corvallis, OR. The company brings more than 75 years of collective experience in academic research, university teaching and forensic testimony to practice areas that include vehicle collisions, premises safety, slips and falls, products liability, worker safety, sports and recreation, patent litigation and criminal matters.