WWPD shooting ruled justified

By on Wednesday, February 9th, 2022 in Columbia Basin News More Top Stories

WALLA WALLA – A months-long investigation by the multi-agency Special Investigations Unit has cleared Walla Walla Police Officer Kevin Toon of any wrongdoing following last summer’s officer-involved shooting in the Fraternal Order of Eagles parking lot on the 300 block of South Second Street. In a letter to Police Chief Scott Bieber dated Jan. 31, Walla Walla County Prosecuting Attorney Jim Nagle said Toon “acted in good faith and the use of deadly force was justified.”

Toon responded to a report of an intoxicated male leaving the Eagles Lodge just before 10 p.m. on Aug. 21, 2021. The reporting party said while attempting to take the keys away from the man, he struck someone. That man was later identified as KC Lee Michael Leon, 34, of Weston.

When Toon attempted to contact Leon, he observed the man draw what he perceived to be a handgun. Toon fired, striking Leon once, causing him to fall to the ground. Medics responded and transported Leon to Providence St. Mary Medical Center for initial treatment. He was later transferred to a Spokane hospital for additional treatment and survived.  The investigation revealed the handgun held by Leon was a CO2-powered pellet gun, modeled to look like a real firearm.

Following his review of the SIU report, Nagle wrote in his letter to Bieber “While it cannot be said, with certainty, the outcome would have been different, it is highly unlikely Mr. Leon would have been shot had he simply not pulled out his pistol, which looks like a firearm, and pointed it at Officer Toon.”

As for whether Leon will be prosecuted for his actions last August, Nagle provided this statement: “I am declining prosecution of Mr. Leon for the assault on Officer Toon and for making false and misleading statements to a public servant. It’s our understanding that Mr. Leon was rendered a paraplegic as a result of his assault on Officer Toon.”