The teen's public defender asked a judge last week to release him to electronic home monitoring at his father’s house.
The 15-year-old boy who was arrested and charged in connection with the shooting at the Bite of Seattle festival last month claims he fired his gun in self-defense after two other suspects opened fire in his direction.
The teen's public defender asked a judge last week to release him to electronic home monitoring at his father’s house. A judge denied the motion and ordered the teen to remain in detention ahead of a hearing in November, when prosecutors are asking to move the case to adult court.
Court documents filed in connection with the defense’s request shed new light on the shooting investigation and the teen’s claim of self-defense.
The July 26 shooting killed three people and wounded four others. Seattle police investigators say a gang-related shootout sent rounds flying through the crowd at the Bite of Seattle event, killing and wounding innocent bystanders.
KOMO News is not naming the teen because he is a juvenile charged in juvenile court.
Defense claims teen was being shot at first
In the defense's request to release the teen from custody, public defender Hong Tran laid out why the teen is claiming self-defense for his role in the shooting.
"Law enforcement has interviewed several eyewitnesses to the shooting who confirmed that (15-year-old boy) reached for a firearm after the shooting started," Tran wrote in an August 28 memorandum.
Tran alleges two unidentified suspects fired toward the teen and his friend, 19-year-old Junior Niko-Semo, who was killed in the shootout.
“(15-year-old boy) came to enjoy the food,” Tran wrote. “He was standing near Junior Niko-Semo at the time the first shots were fired. After hearing shots fired, witnesses observed (15-year-old boy) pull a firearm from a pouch and shoot in the direction of the shots.”
Officers working at Bite of Seattle immediately responded and arrested the teen at the scene.
“At the time of his arrest, (15-year-old boy) told officers, ‘I was getting shot at,’ so he shot back in self-defense,” Tran wrote.
Tran said arrangements had been made for the teen to stay with his father and enroll in classes in the Kent School District and at the YMCA if the judge had granted his release from detention.
Prosecutors say teen fired 'indiscriminately' into crowd
The teen is charged with one count of assault and one count of unlawful possession of a firearm.
Court records state that his shots were not responsible for any of the three fatalities in the shooting, but prosecutors say the teen had a Polymer80 “ghost gun” — an untraceable, homemade firearm — and an extended magazine capable of firing more than 30 rounds.
In a memo asking the judge to deny the teen’s request for release, Senior Deputy Prosecuting Attorney Logan Bryant said the teen’s handgun had a vanity plate reading “1 SHOT 1 KILL.”
Photo included by prosecutor's in memo to deny teen's request for release in connection to the Bite of Seattle Shooting (King County Prosecuting Attorney's Office)“There is no greater threat to the community than a person indiscriminately firing into a crowd of adults and children who only wanted to attend and enjoy Bite of Seattle,” Bryant wrote. “Based on the facts alone that are outlined in the Certification for Probable Cause, the Respondent should remain in secured detention due to him being a threat to community safety.”
Investigators allege at least four guns were recovered at the scene: one from the 15-year-old, another from Niko-Semo, and two additional firearms. Police have said they are conducting forensic testing on the weapons while trying to locate at least two other suspects believed to be involved in the shootout.
The 15-year-old will be back in court for a status hearing in juvenile court in October.
Fallout from the shooting and unanswered questions
The shooting sparked significant controversy in the city, including questions about why officials did not provide updates to the public for several hours and the decision not to use the Alert Seattle system.
Days after the shooting, Seattle Mayor Katie Wilson asked Police Chief Shon Barnes to resign. Barnes was out of town during the shooting, attending a conference in Dallas.
Wilson hasn't given specifics on why she pushed Barnes out, but said she had a "window" into the police department and needed a police chief who could communicate and develop relationships with the community.
Barnes, who received a $700,000 payout to resign, spoke with KOMO News earlier this week. He defended his job performance and says he followed department protocol during the shooting.
Questions over communications breakdowns on the night of the shooting have not been resolved.
