Man fired shotgun into dirt berm during Bayview protest, police say

The Record obtained incident reports on the high-profile case through a public records request.

A deputy who responded to reports of shooting near a protest in Bayview April 19 was able to determine that a nearby resident was shooting a shotgun into a dirt berm, according to his report.

The Record was able to obtain three short incident reports on the high-profile case through a public records request this week.

The shooting alarmed many of the 450 or so protesters who attended the anti-Trump event at a parking lot along Highway 525, which is a site long known as a spot for peaceful demonstrations. People who were present described how some participants dived for the ground in fear and parents hugged their children tight.

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South Whidbey resident Susan Jensen, who helps organize rallies on the island, caught the incident on a video that later ran on TV news. A detective’s report states that he found her video on Facebook and recorded it as evidence in the case.

The reports state that four officers from a couple of different agencies responded to alarming reports of “protesters” across the street from Bayview shooting guns in an unknown direction.

The first deputy at the scene contacted a 41-year-old man at a nearby home who said he had been shooting his shotgun into a berm that had been set up for that purpose.

“I was able to determine that the shooting was actually into the berm in a direction away from any structures or roadways,” the deputy wrote.

The report states that two other men, including the person who lives on the property, also said the shots were fired into the berm. The deputy inspected the 12-gauge shotgun and also determined that the men were legally able to possess firearms.

After the incident, the sheriff’s office posted a press release stating that it didn’t appear that the shooting violated any laws. Sheriff Rick Felici said he responded to dozens of emails this week from people who were concerned about the response; many demanded legal action.

Felici said some of the emails claimed that witnesses saw the man shoot the gun into the air. Felici said he asked the writers to come forward if they witnessed this, which could change the outcome of the investigation. Nobody responded, he said.

Earlier this week, Island County Prosecutor Greg Banks wrote in an email that due to “the nature of the incident and the public interest,” he requested that the sheriff’s office send him the reports and evidence even if the police conclude that there was no probable cause to believe a crime has been committed.

“We will make our decision and rationale available to the public, to the extent permitted by law and by attorneys’ rules of ethics,” he wrote.