2014/02/12 Council Agenda Packet

3 Page 3 of `f DD t3-20813 didn't feel safe with or without the police. He proceeded to walk directly toward the area of Russell which I knew was going to cause a confrontation. As he drew near to the breezeway I was watching Russell and when I turned to look at Mumm, I immediately noticed that he had his right arm straight out with a can of pepper spray pointed directly at Russell's face. The pepper spray was within about two to three feet of Russell's face and Mumm's finger was on the actuator. Mumm and Russell exchanged some words. I grabbed a hold of Mum m's arm, pulled it down, and yelled at him, "WHAT IS WRONG WITH YOU?" I told him to go up to his apartment and that I would be up in a moment to speak with him. Russell was outraged at Mumm's actions and frankly rightly so. Mumm told me that Russell makes him fear for his life. If Russell makes him fear for his life than the better option for him would have been to act on the option I provided him which was to walk the long way around and avoid Russell altogether. Mumm's actions created a confrontation that could have resulted in a serious assault right in front of us. His actions were unreasonable and not logical. We explained to Russell that we were going to deal with the issue and that we were not going to just let it go. Officer Olsen provided him and Russell's friend Minney who witnessed the incident with statement forms and askec that they complete them. I spoke with Sergeant Jesmer over the phone about the incident and we discussed an appropriate criminal charge for Mumm as his actions did not quite meet the elements of Assault or Harassment. We determined that Mumm's actions violated Everett Municipal Code (EMC) 10.78.020 Unlawful use of weapons to intimidate another. EMC 10.78.020 stipulates; "It is unlawful for anyone to carry, exhibit, display or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons." The same sections also indicates that; "Any person acting for the . purpose of protecting himself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;" Russell did not threaten to use force against Mumm and therefore Mumm had not legal justification to point his pepper spray at Russell's face as he walked by. Furthermore it was Mumm that created the confrontation with his unreasonable and irrational behavior. After speaking with Sergeant Jesmer, Officer Olsen and I went up to Mumm's condo to make contact with him. I knocked on the door and asked if we could come inside to speak with him. He invited us inside and I asked if he wouldn't mind sitting down for a moment. I explained to him that I believed that he was responsible for creating the confrontation with Russell and told him he was under arrest for Unlawful use of a Weapon to Intimidate Another. He seemed a little taken back but remained polite. At approximately 1618 hours, I read Mumm his Miranda Warnings from my department issued Miranda card. After each warning, I asked if he understood and after each warning he told me "yes" to indicate that he did. When asked if he was willing to continue speaking with me keeping in mind his rights he told me "yes." I certify(or declare)under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct (RCW 9A.72.085.) OFFICER SIGNATURE DATE g• .t.t tO I '2-t / Zola OFFICER r�1ME/NUMBER UNIT APPROVED BY:/PERS.NO. 14-131i Y Z /94,3 IBR CLEARAwE ()UNFOUNDED DISTRIBUTION: ()JUV ()TRAF OTHER: LOGGED: ( )ARR/A ()EXC/A ()PA ()CPS O HD ()DET ()ARR/J ()EXC/J ()ADMIN ()DSHS ()MH ()PAT DATE INITIALS ❑ENTERED RMS / ❑ENTERED WACIC/NCIC I 0 CLEARED WACIC/NCIC I DATE INITIALS DATE INITIALS DATE INITIALS