Undercover Road Rage in Seattle

[Dain Bramage]

More fuel for cop lovers and haters.

From the Seattle P-I:

Prosecutors filed felony assault charges Wednesday against the man who police say traded shots with three undercover vice detectives during a chase through Seattle streets.

Jesse James Toro II, 28, of Edmonds was charged with second-degree assault in King County Superior Court. If convicted as charged, he faces three to four years in prison.

What started just before midnight Thursday as a shouting match ended with Toro firing three shots at the plainclothes Seattle police officers' SUV, according to court documents. One officer fired on Toro during the initial encounter in the Denny Triangle, saying Toro pointed a semi-automatic pistol at him.

Toro's attorney, Kimberly Gordon, said Wednesday that her client was the victim.

"It is troubling that the police are releasing a statement so quickly in what appears to be an attempt to spin this story into one that makes the victim appear to be the perpetrator," Gordon said in a statement.

According to court documents, the officers were heading north on Yale Avenue in an unmarked Ford Edge when they were cut off by a Cadillac STS driven by Toro. The detective behind the wheel honked at Toro, prompting Toro to flip off the officers, the documents say.

The officers, who were on duty when the incident occurred, told investigators Toro started screaming at them as both vehicles rolled toward the intersection of Denny Way and Terry Avenue North. One officer, the driver, shouted back.

Detective Nathan Janes, who investigated the shootings, said Toro likely didn't know the three men were officers. "Toro had no way of knowing that he was confronting the police," Janes said in a statement.

The detective driving the Ford told investigators he saw Toro draw a semi-automatic pistol and point it at the SUV, according to court documents. The detective said he fired a shot at Toro, which missed the car.

The two other officers -- a detective and a sergeant -- told investigators they didn't see Toro brandish the weapon because they were not looking in his direction or had an obstructed view.

Toro sped north on Aurora Avenue North after the shooting, documents say. The officers caught up to him near the intersection of Ashworth Avenue North and Northwest 80th Street, where Toro had stopped his car in the street.

Leaning on his driver's side door, Toro fired three shots at the unmarked SUV -- flattening two tires -- then drove away, according to officers' statements. He turned himself in Friday at a Seattle attorney's office.

Toro was jailed Wednesday on $250,000 bail and is scheduled to enter a plea July 9. The police department Firearms Review Board also will review the case.

 

[fletcher]

Whole situation looks sketchy. Jackass driver causes problems for police, who decide to chase (without a dash light or anything?), and end up in a confrontation where both parties act pretty badly. Undercover officers should have gotten the plate and called for another officer to take care of Toro if he broke the law with his driving. Otherwise, leave him alone.

One officer, the driver, shouted back.

Wouldn't that end up being escalation for us common-folk?

 

[jcoiii]

Interesting. Sounds like both parties bear some fault at first glance.

 

[SniperStraz]

Not enough info but it does sound sketchy. Its pretty interesting that the perp shot out two tires. Two out of three shots. Sounds like thats what he was aiming for which is pretty good shooting when your stressed.

 

[thrasher64]

If a SUV full of guys yelling and shooting, followed me to a stop I would shoot back as well.

 

[Dain Bramage]

And here's a response from the Toro camp via P-I columnist Robert Jamieson.

Jesse James Toro II is 28, married and has a young daughter. He makes a living designing medallions and other jewelry for musicians.

He is non-violent, church-going and evenkeeled, according to his family, and he's not the type to aim a gun at police.

But that is what Seattle police say the Edmonds man did last week -- pointed a loaded gun at three undercover officers in the vice unit who were on duty and in an unmarked vehicle.

Toro's action, the police department says, touched off a high-speed pursuit. It also prompted an exchange of gunfire between officers and Toro, who mistook the cops for gangbangers or thugs.

Even if the undercover officers were in uniform and riding in a cruiser with flashing lights, the big question in my mind is why would they fuel a dangerous chase? Why not just jot down Toro's license plate then follow up? Or wait for a police cruiser -- not an unmarked car -- to pull him over to avoid confusion?

But given recent headlines about Seattle police and their truth issues, these procedural questions now take a back seat.

Instead, the question is: Can the cops' account in this case of jousting stories even be believed?

Toro's family says that someone in the undercover police vehicle flashed a gun first -- and pulled the trigger.

Toro then sped off, and later on fired his gun -- but in self-defense, they said.

He told his family about last week's moments of terror, and his sister shared the account with me.

After 11:30 p.m. last Thursday, Toro left 24 Hour Fitness downtown. He got behind the wheel of his white Cadillac STS and pulled into traffic, cutting off a blue Ford Edge, which then rode his bumper to Westlake.

Toro became concerned. And when the Cadillac and Ford wound up side-to-side, Toro rolled down his window and asked the occupants of the other car if they had a problem. Threats were volleyed between the cars.

Toro alleges the driver of the other car reached down and showed a gun. But police claim Toro reached for a weapon first, causing an officer to draw his Glock and fire.

Whichever is true, Toro raced away, hearing multiple gunshots fired from the officers' car. He said his car was hit more than once; his family says they have photos showing the bullet holes. But the cops insist they shot just once -- and missed.

The two vehicles tore down Denny Way, then headed north onto Aurora Avenue. Toro reached speeds over 100 mph. The Ford, a sport utility vehicle, struggled to keep up.

Moments later, Toro, who has a concealed weapons permit, took aim and shot out the tires of the officers' car.

"He was afraid for his life," said Toro's sister, Maria, who recounted the story her brother also has shared with a Seattle attorney.

Toro lost the cops in North Seattle, but hours later, police contacted him and his family. That's when he learned the people in the other car were cops, not gangsters.

Toro turned himself in Friday, was booked and then released on personal recognizance. On Wednesday afternoon, he was slammed with a charge of second-degree assault, a felony, and taken into custody as his family looked on in tears inside a courtroom.

In court documents, the officers paint Toro as the bad guy. They say he swore and flipped them off.

"(Toro) pointed the weapon at the officers," police spokeswoman Renee Witt said. "He aggressed them. Obviously, these officers had a duty to do something."

Obviously?

The officers' car had no lights or sirens and Toro said they never identified themselves. Police Capt. Neil Low tells me the officers just didn't have time. And while police are trained to de-escalate situations, here it seems their actions ramped up road rage.

And then there's yet another department discrepancy -- this time about the number of shots fired at Toro's Cadillac.

His car hasn't been impounded and Low said Wednesday that the department wants to take a look. Officers, he said, can be "wrong about the number of shots fired" during a fast-paced event because of adrenalin and tunnel vision.

"But we have the officer's gun, so we can check," Low added.

The story will play out in court. For now, it's the word of Jesse James Toro II versus the Seattle Police, whose badges can't seem to keep their shine of late.

I'm siding with the jeweler who feared for his life.

 

[fletcher]

He makes a living designing medallions and other jewelry for musicians.

Bling?


If the police did not identify themselves, I'm 100% behind Toro's decision to do whatever he needed to do in order to get away. Having no clue who they are, I wouldn't stop either. Also, seeing he has a CCW permit, I'll trust him over the crazy officer driving until more info comes out.

 

[kellyj00]

I also used to get angry in traffic, but then I ran into a crazy woman who changed that for me for good. At the next stop light the woman yelled at me "You F^#$%#$ cut me off, you !#$$!#$!" to which I just looked at this 100 lb young woman in her SUV for a second, then stated "It's a good thing I didn't inconvenience you any more or you might get an ulcer!"

think about it...ya some folks are bad drivers, but a good driver accounts for the bad one's as much as possible, and we all still get in wrecks every now and again. There's no need to honk, bad drivers know they're bad drivers...and even good driver's make an occasional mistake (that's why they're called accidents)

Besides, you never know what the other person's day was like and you may end up in a fist fight...for what? because someone cut you off and you had to 1) swerve 2) raises your heart rate a bit and burns some calories and gives your old ticker a little workout. Besides, you get the feeling of someone who took the high road and showed a bit of patience.

 

[jselvy]

chase me down the road at over 100mph while firing at my car, and I will assess that as a threat to life and limb. Therefore deadly force is an appropriate response.
Seattle PD has recently had a spate of excessive and wrongful force issues.

Jefferson

 

[plexreticle]

Flipping people off is unfriendly but isn't against the law.

I would have done similar as Toro but I would have aimed for the windscreen.

 

[Fn-P9]

Toro had no way of knowing that he was confronting the police

It is hard to know the chain of events, but on the high road this still no way to conduct ones self when giving the bird.

Besides, you never know what the other person's day was like and you may end up in a fist fight...for what? because someone cut you off and you had to 1) swerve

I drive a truck professionally. A large one. I have been cut off GOOD, as in if I did not JAM on the brakes he would have nailed me. I would loose a bunch of money on my next raise because some a-hole is having a bad day. Hmmm seems fair.

And I can probably tell you what happened. Toro cuts cops off. Cops get pissed. Cops ride his butt then at over 100mph later, the cops are still chasing with out his knowledge they are cops. He stops they stop next. He basically says get the heck away from me (words/threats were exchanged)The cops having enough time to tell him who they are don't, they threaten back. He pulls out gun, shoots tires out cops probably unload their mags. here we are. Both parties acted like a$$es.

 

[obxned]

Throw them all in the slammer - there is just way too much 'stupid' involved here.

 

[jcoiii]

Sequence?

Toro cuts off vehicle/suv with undercover cops.
cops honk.
Toro flips the bird.
cops tailgate, the pull alongside at stopsign/light.
Toro rolls down window to "ask if they have a problem".
Guns are seen by both parties at some point.
Cop(s) fire(s).
Toro flees and cops chase.
Toro fires three rounds, striking two front tires.

That about the gist?

 

[griz]

Two things jump out at me:

1. Both paties had numerous chances to de-escalte the situation and call the (uniformed) cops.

2. I am amazed that he shot at a car with three cops in it and they didn't shoot him at that point.

 

[Frog48]

Both parties are idiots.

 

[gezzer]

Both parties are idiots.

Yep, but the police are supposed to above that as they are being paid for being professional. Undercover officer seem to be above the law as they think non Leo’s are under them and must respect their authority as if they were mind readers or something.

Now comes the blue cover as police can do no wrong.

 

[MJZZZ]

They all share the blame equally, both parties had chances to disengage from the confrontation. The cops have to answer for not identifying themselves and Toro for not calling the real police before taking a stand and shooting. Sounds real simple when it's not you being chased and shot at, but I think I would have fired back at the cops too. Mike

 

[cracked butt]

Doesn't anyone get it? The cops were undercover. Being the uber-operators that they were, they were acting like thugs. What would a thug or drug dealer do in that situation? Call the police? I think not. Thugs take matters into their own hands just like these cops did who were deep undercover. Getting cut off in traffic followed by being on the receiving end of hte bid requires immediate action and resolution-it would hurt their street cred if they let it go

 

[MechAg94]

Both parties are at fault, but if I was on the jury being asked to convict the guy of a felony, I would have a hard time doing so. The final blame seems to hinge on who pulled a gun first and that seems to be based on one driver's word against another.

If the officers were on duty, they really should be held to a little bit of a higher standard.

 

[gezzer]

If the officers were on duty, they really should be held to a little bit of a higher standard.

On duty or off, if they want the respect of the public.

As for the civillian call the police first, what makes you think he had a cell phone in the first place? Stop at a pay phone and get run over or shot?

 

[Darth Muffin]

Even if the undercover officers were in uniform and riding in a cruiser with flashing lights, the big question in my mind is why would they fuel a dangerous chase?

I agree completely. Any time someone runs from police or presents any kind of weapon or even harsh language they should immediately let them go, apologize, give them milk and cookies, and arrest them with a no-knock warrant (served at the house of the owner of the stolen vehicle or stolen plate they were using) later on.

 

[Deanimator]

As I recall, there was a similar incident in or around Chicago, in which several Cook County Sheriff's deputies who had been drinking chased a man and woman in an SUV, firing wildly. They hit the car several times. The couple were not armed and fired no shots. I believe there was a $500,000 or greater settlement by the county to the couple.

 

[wingman]

think about it...ya some folks are bad drivers, but a good driver accounts for the bad one's as much as possible, and we all still get in wrecks every now and again. There's no need to honk, bad drivers know they're bad drivers...and even good driver's make an occasional mistake (that's why they're called accidents)

Sounds like you have a huge amount of common sense a rare commodity
in our new world, thank you.

 

[jselvy]

both parties had chances to disengage from the confrontation.

I would say accelerating away at over 100mph is an attempt to disengage, and even when this failed he still did not shoot to kill. I think I probably would have.

Jefferson

 

[yhtomit]

I'll keep this is mind the next time someone says it's impossible to shoot out the tires of a pursuer (And as the driver? Sheesh, he's got some steady aim!)

Sounds hinky overall, but who's the hinkier it's hard to tell. No lights, no sirens, tailgaiting hot-pursuit guys with guns who aren't sure how many rounds they fired don't sound good; neither does flipping the bird to an impatient driver behind. I wonder if the cops were going anything near the speed limit; I know in Philadelphia, I mostly notice cops' driving for its sheer exuberance in varying from the rules that the common folk are supposed to follow. Turn signals, speed limits, stop signs, those are for the proles ...

OTOH, Seattle is generally a friendlier city and I did *not* notice that kind of scofflaw cop driving when I was there for a few years ...

timothy