Prosecutor: Tacoma officer who drove through crowd justified in use of force

TACOMA, Wash. - In a letter to Tacoma Police Chief Avery Moore, the Pierce County Prosecuting Attorney found that an officer who hit a person gathered at an illegal street racing event was justified in his use of force. 

On Jan. 23, 2021, several cars and a crowd of over 100 were blocking the intersection of S. 9th Street and Pacific Ave. for an illegal street racing event. When a patrol car arrived to break it up, they were surrounded and swarmed by the crowd.  

The crowd began yelling profanities and death threats at the officer, kicking the car, beating on the windows and rocking the car, allowing the street racers to leave. 

The officer tried to back up his patrol vehicle but was unable to, since he was surrounded on all sides. The officer believed he saw a small opening in the front of his patrol car and drove forward slowly, which knocked down several people that were near his car. One of those people ended up under the vehicle and was run over by the back tire. 

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At least 2 people injured after Tacoma police car runs through crowd gathered for street racing

A Tacoma police cruiser ran over a person Saturday night after responding to a reported street racing incident in the South 900 Block of Pacific Avenue.

The officers that responded all expressed fear that they would be dragged from their cars and killed by the crowd. They described the scene as a "mob frenzy." 

The Pierce County Prosecuting Attorney's Office said, "a motor vehicle is not a per se deadly weapon, but can be considered to be a deadly weapon only if, in the circumstances in which it is used, it is readily capable of causing death or substantial bodily harm." 

However, because he did move forward with it, his patrol car in this case was considered a use of force. 

Under the circumstances, the Prosecuting Attorney's Office found the use of force was justified.  

The officer will not face charges due to the findings. 

In the letter to Moore, the office wrote of their findings: 

• "Given the circumstances, there was no reasonably effective alternative to [the officer]. His use of lights and siren had no effect on de-escalating or dispersing the crowd. His use of the airhorn also did not de-escale or disperse the crowd."
• "[Officer's] belief that he was in actual danger is amply supported by the evidence, and therefore reasonable."
• "[Officer's decision to drive forward was not done with the intent of hitting or harming any individual or member of the crowd around his car. He moved his car forward only when he thought he saw a bit of a ‘gap’ in the crowd and tried to escape from the attack."

Tacoma Mayor Victoria Woodards gave the following statement to FOX 13:

"Today, along with the rest of our community, I learned that the Pierce County Prosecutor had announced that retired Officer Khanh Phan will not be charged in relation to the events that occurred on January 23, 2021.

"I know this news may prompt a number of mixed emotions. My hope is that it will continue to prompt deeper community discussions as we work with the Tacoma Police Department on ongoing efforts to advance and refine our approach to public safety.

"I want to thank the community for the extreme patience they have demonstrated as Pierce County Force Investigation Team (PCFIT) and the Pierce County Prosecutor’s Office worked to complete this wholly independent investigation.

"More information about the City’s transformation efforts is available at cityoftacoma.org/transform."