Bail bondsman's shooting that killed woman in Graham justified, prosecutor says

TACOMA -- Pierce County Prosecutor Mark Lindquist announced Friday that he has declined to file charges  against a bail bondsman in connection with the fatal shooting of  a 60-year-old woman in Graham in April.

Kathryn New was shot after she pointed a pistol at bail bondsman Mario D. Carey, 45, during an attempt by bail enforcement agents to apprehend her son, Aaron New, at her home on April 13.

Deputy Prosecuting Attorney Jared Aussurer, who reviewed the case for charging, determined that “there is no reasonable likelihood that the State could disprove the defense of justifiable homicide beyond a reasonable doubt," the prosecutor's office said in a news release.

It said the decision was made after "lengthy investigation by the Pierce County Sheriff’s Department and careful review by the Pierce County Prosecuting Attorney’s Office."

“While the loss of life is regrettable, the law and the facts do not support the filing of criminal charges,” said Lindquist. “We only charge cases where we believe the evidence supports a conviction.”

On April 13, three bail enforcement agents, including Carey, went to a house in Graham an effort to apprehend Aaron New. Aaron had failed to appear for a February 16 court date on charges of malicious mischief  and violation of a no contact order. The address was one Aaron had listed as a previous address on his application for the surety bail bond.

The home belonged to Douglas Veale and his wife, Kathryn New, who was Aaron’s mother. Veale contacted the agents as they knocked and announced themselves. After the agents explained why they were there, Veale confirmed Aaron was at the residence and offered to help the agents detain him.

According to prosecutor's office, as the two agents entered the front door, Kathryn yelled at them to get out of her house.  Kathryn walked into her bedroom and returned with a small bag, placing herself between the agents and the front door. She unzipped the bag and pulled out a pistol. She pointed the pistol at Carey. Carey drew his gun and ordered Kathryn to put down her gun at least 10 times. Veale also yelled at Kathryn to drop her gun. She eventually lowered the gun to her side.

The third agent entered the house after hearing the yelling. He observed Kathryn with the gun at her side and ordered her to drop the gun, but she continued to hold the gun. He drew his Taser and deployed it, striking Kathryn with the probes. Carey, who reported that he could not see the other agent and didn’t know that he had deployed his Taser, saw Kathryn raise the gun back up. Fearing he would be shot, he fired two shots at Kathryn.

Kathryn died at the hospital as a result of the gunshot wounds.