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Charges filed in Mattawa shooting

by Lynne Lynch<br>Herald Staff Writer
| February 8, 2008 8:00 PM

Officers still on leave

MATTAWA - A man shot by Mattawa police faces charges alleging he tried to back over officers with a GMC Yukon and resisted arrest.

The Grant County Prosecutor's Office filed charges of second-degree assault, hit and run with property damage and resisting arrest against Ruben Lucio, Jr., 23, of Mattawa.

It wasn't known Thursday if a judge reviewed and agreed on the charges, according to staff at the prosecutor's office.

Lucio has been held at the Grant County Jail since his arrest on Jan. 1 on unrelated felony warrants.

The incident with Mattawa police started when officers were called to a reported fight in an alley near North Boundary Avenue in Mattawa. There was also an undetailed assault of customers near the Riverview Laundromat in the same area of town.

Police first saw Ruben Lucio's uncle, Jose Lucio, 37, of Mattawa walking from the laundromat area to a trailer. A Grant County deputy was later told a man was at the laundromat when he was allegedly assaulted by one of the suspects in the shooting.

The suspect was unnamed in court documents.

Mattawa Police officer Shane Starnes reportedly ordered Jose Lucio to bring his hands into view and Lucio refused, court documents state.

Starnes drew his weapon because Jose Lucio was reportedly a suspect in a burglary involving a weapon. Ruben Lucio was also possibly involved in the burglary, according to court documents.

Starnes heard the passenger door of the nearby Yukon close, the vehicle start up and come toward him. He again tried to get Jose Lucio to cooperate, but Lucio didn't and was Tasered by Starnes.

Starnes changed weapons and fired his pistol, Ruben Lucio, and another officer, Jose Chiprez, tried to shoot the tires. Nine rounds were reportedly fired by Starnes.

Ruben Lucio was hit in the upper right arm and chest area.

The Yukon left the scene and was later found about three miles southwest of Mattawa.

While drinking a can of beer, Ruben Lucio reportedly told police to "shoot" him during the standoff and said at least twice "Someone is going to die tonight, whether it's me or one of you, but someone is going to (expletive) die."

He was reportedly pulled from the Yukon by police.

Ruben Lucio later told police it was possible he backed up and said the gear indicator didn't line up correctly, according to court documents.

He said if he had backed up it was an accident and "that he was not stupid enough to try and hit a police officer," according to court records.

Lucio has six felony convictions, including malicious mischief, burglary and assault, six gross misdemeanors, three misdemeanors and is recorded as being a gang member, according to the sheriff's office.

A civil rights complaint was filed last month against the Mattawa Police Department by Ruben Lucio's aunt, Mattawa Town Council member Anabel De La Garza, according to her sister Ruby Lucio.

"My sister stayed quiet for too long," Ruby Lucio said.

In court documents, Ruby Lucio told police there were several instances where she believed the officers have harassed the Lucio family in an effort to get them to leave town.

Her brother Jose Lucio is in jail on suspicion of assault and burglary, according to jail staff.

De La Garza was unavailable for comment Thursday.

Starnes and Chiprez were still on administrative leave Thursday, said Mattawa Police Chief Steve Jensen.

Chiprez is attending the academy and Starnes is awaiting the results of his shooting evaluation to ensure the incident doesn't affect his performance.

Jensen said he will be handling the internal investigation to make sure his officers followed protocol. He wasn't sure when his investigation would be completed, but said it appears as if the officers acted appropriately.

"I've read the report and fully assume (we) will be cleared of any negligence," he said. "It was a justifiable shooting from every aspect of the report."

He said civil rights complaints are common when officer-involved shootings happen.