Not guilty

Jurors agreed with Everett police officer Troy Meade’s testimony that he “had no other options” in the shooting death of Niles Meservey. (Right) Prosecutor John Adcock and Judge Gerald Knight. After deliberations Friday afternoon and Monday morning, a jury in Snohomish County Superior Court acquitted Everett police officer Troy Meade of criminal charges related to the line-of-duty shooting death of Niles Meservey.

Meade, who was on trial for second-degree murder and first-degree manslaughter for what transpired around 11:30 p.m., June 10, 2009, said he “had no other options” than to shoot eight rounds from his service firearm at the highly intoxicated Meservey to avoid being injured or killed as the situation escalated.

As part of their service, the jury will decide whether Meade should receive restitution to pay for his attorney’s fees. Jurors must agree that Meade acted in self-defense when he shot Meservey to grant restitution. Throughout the trial, defense attorney David Allen said Officer Meade’s actions were consistent with his training.

The verdict was vindication for his client, said Allen, according to news sources.

Meade said he appreciated all the support from family, friends and fellow officers and he’s ready to get back to work, reported sources at the courthouse.

Meade has been on paid administrative leave since the incident.

Official statements from Allen and the county prosecutor’s office could not be obtained prior to NEWS deadlines.

Tanda Louden, Meservey’s daughter, released a written statement after the verdict.

“I am sorry the jury was unable to convict Officer Meade of a crime, but I understand how difficult it is to obtain a conviction where there is a presumption of innocence and a burden of proving the case beyond a reasonable doubt,” said Louden. “Nevertheless, I am confident that a jury in a civil case will find Officer Meade responsible and hold him fully accountable in the damage case.” PHOTOS BY ADAM STEWART | STANWOOD/CAMANO NEWS

The Meservey family filed a wrongful death lawsuit against the city of Everett in February, charging that Meade used excessive force when he killed Meservey.

On the night in question, Meade responded to a 911 call reporting a drunken man attempting to drive from the Chuckwagon Inn parking lot. Meade testified on Thursday that Meservey was combative and uncooperative prior to starting his vehicle in the officer’s presence.

“From the minute I got on scene, I had nothing but problems with Mr. Meservey,” said Meade.

When he initially approached the vehicle, Meade said, the alarm was going off and he saw the driver fumbling with the keys. The car was not running at that point.

When Officer Meade tapped on the vehicle’s window, Meservey put the keys in the ignition.

Meade said he thought the driver was simply turning the ignition to activate the power windows, when the car started, the officer became concerned about his position between the Corvette and a parked vehicle next to him.

“I was in a bad position,” said Meade.

Allen asked Meade if a 2006 incident when a fellow officer was struck and injured by a vehicle was on his mind at that point.

“It is every time I get between two vehicles,” said Meade.

During the 2006 incident, Meade ended up firing four shots at the vehicle, none of which struck the driver, which was deemed a justifiable shooting by investigators.

Allen refocused his questioning on the 2009 shooting and asked Meade to describe Meservey’s response to the officer’s presence.

Meservey rolled down the window and shouted “What the (expletive) are you doing here?” said Meade.

Meservey was very angry and repeated the phrase “This is (expletive) entrapment” several times, said Meade.

Meade testified that he remained calm and successfully got Meservey to turn off the vehicle. The officer said he tried to get the intoxicated driver to agree to a cab ride home.

At this time Meade said he noticed another patrol car drive into the parking lot. When he saw the patrol car leave, he called on the radio for it to “stand by,” said Meade.

“Officer (Steven) Klocker walked up behind me,” said Meade. “I had no conversation with him.”

Further attempts to talk Meservey out of the car were unsuccessful.

“I had no control,” said Meade.

Not only was Meservey not compliant, he started his vehicle again, Meade told jurors.

The officer said he used his Taser stun gun through the open driver-side window to subdue Meservey.

While using the stun gun on the driver, Meade said “Mr. Meservey lunged back and tried to grab the gear shift.”

That is when the car lurched forward, said Meade.

Investigators testified that Meservey’s vehicle jumped the parking curb in front of the stall before striking a chain-link fence.

Meade said he was unaware of the curbing because of his sightline.

Within milliseconds, said Meade, the vehicle’s reverse lights flashed on and the car came at him in reverse.

“I thought I was going to get hit. I thought Officer Klocker was going to get hit,” said Meade. “I drew my gun and I fired into that car.”

Meade testified that he wasn’t aware of how many rounds he fired and described a narrowing of vision due to heightened focus.

“I saw Mr. Meservey slump down to his left, that’s when I stopped shooting,” said Meade.

Meade told the jury his options were limited and that he couldn’t jump out of the way due to his position in relation to the parked car next to Meservey’s vehicle.

With his Taser in his left hand, pistol in his right, Officer Meade said he was “in shock” after the shots were fired.

“I was so upset,” said Meade.

Meade denied saying “Enough is enough; time to end this” before opening fire as testified by Officer Klocker earlier in the week.

“I felt my life was threatened and in immediate danger,” said Meade.

“Were you angry?” asked Allen.

“No,” responded Meade. “If I let my emotions get a hold of me, what kind of officer would I be?”

In his cross-examination, deputy prosecutor John Adcock suggested Meade was a frustrated officer that night.

“I imagine dealing with a drunk is frustrating,” said Adcock.

“Eventually it comes to a point when you have to do something,” said Meade.

“It did, didn’t it,” said Adcock.

Prosecutor Adcock questioned why Meade didn’t establish a more visible “command presence” with proper positioning of his patrol car or by turning on the patrol car’s lightbar and a spotlight instead of the alley light the officer testified to using.

“You didn’t establish command presence,” said Adcock.

“I disagree with that,” said Meade. “You’re trying to put words in my mouth.”

Adcock suggested that Meade went into the situation without a plan of action and the results were criminal.

“I based everything on his actions,” said Meade.

Adcock asked why Meade didn’t consider other options to avoid the threat such as using the stun gun again or jumping out of the way behind the parked vehicle to his left.

“You had options, you had alternatives,” said Adcock. “But you prematurely killed Mr. Meservey.”

“Negative,” said Meade.

“What was your emotional state?” asked Adcock.

“I was afraid, scared,” said Meade.