By Sean Maguire
Anchorage Daily News, Alaska
JUNEAU, Alaska — Two law enforcement officers were legally justified in shooting and killing a Juneau homeless man in July after he rushed toward them while holding an 8-inch knife, state prosecutors said in a review released Tuesday.
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Juneau police tried to arrest Steve Kissack, 35, on July 15 for an alleged assault that occurred the day before at a nearby apartment block. During a roughly 15-minute police stop, Kissack repeatedly threatened officers and ignored orders to drop his knife, according to the state’s review. Sgt. Christopher Gifford, a Juneau police officer, and Sgt. Branden Forst, an Alaska Wildlife Trooper, shot Kissack three times after “less lethal” bean bag rounds failed to stop him, prosecutors said.
The Alaska Office of Special Prosecutions on Tuesday released its 24-page investigation into the shooting. The Juneau Police Department also released video of the incident from four body cameras worn by officers and footage shot by a bystander on a cellphone.
A manager of a downtown apartment complex reported to police on July 14 that he had been punched in the face by Kissack, and that the two men had fought, the state’s review said. A Juneau police officer tried to talk to Kissack the following day.
Kissack was holding an 8-inch knife and “seemed slightly agitated, but was not hostile,” according to the state’s review. Kissack’s “demeanor suddenly shifted” when he was told assault charges would be filed against him, state prosecutors said.
In body-worn camera video, Kissack threatens to kill the officer and repeatedly says that he is ready to die.
The responding officer called for immediate assistance. Three more Juneau police officers arrived, along with an Alaska Wildlife Trooper who was in the area. Over several “chaotic” minutes, Kissack continued to ignore orders from friends and police to drop the knife, prosecutors said.
Juneau Police Officer Terry Allen fired three bean bag rounds at Kissack, but they had little effect, the review said. A toxicology report found that Kissack had a “high level” of methamphetamine in his system, which was “consistent with Mr. Kissack’s demeanor towards the officers” and the minimal impact that the bean bag rounds had on him, according to the state’s review.
After repeatedly threatening police, Kissack ran directly toward Allen “while still holding the knife firmly in an overhand grip,” the state’s review said. Allen backed up and tripped on a curb, and fell backwards onto the ground, prosecutors said.
Gifford and Forst fired their guns at Kissack. He fell less than 6 feet from where Allen lay on the ground and “was still holding the knife in his hand as he fell,” prosecutors said.
Life-saving measures were attempted, but Kissack was declared dead at Bartlett Regional Hospital, police said.
Kissack’s death shocked many in Juneau, sparking public outrage, a benefit concert and vigils. Juneau’s city manager described the shooting as a tragedy. The city’s chief of police said the incident was a “regretful event for all involved.”
Kissack was a much-loved and a usually friendly fixture in downtown Juneau . He was shot close to where he regularly slept in a makeshift camp with his beloved dog Juno, an enormous malamute who was his constant companion. Juno was recently adopted by a new owner, according to a local animal shelter.
But in several previous interactions with police, Kissack had been violent and threatened officers with knives. He was on probation and prohibited from carrying a knife 6 inches or longer, court records show.
The officers who responded had tried to resolve the incident peacefully, prosecutors said. After bean bag rounds failed to stop Kissack, officers said they did not believe less-lethal options would have been effective. Kissack wasn’t close enough to deploy pepper spray and he was wearing too much clothing to use a Taser, they said.
Alaska law says that police and citizens can use deadly force if they reasonably believe another person’s life is imminently in danger.
After firing bean bag rounds at Kissack, Allen “was essentially unarmed” as he lay on the ground, according to the state’s review. Allen told prosecutors that he felt certain he was going to be stabbed and killed by Kissack. Forst and Gifford said they believed Allen’s life was in imminent danger.
“Based on the totality of the circumstances, both officers’ beliefs were reasonable,” prosecutors said. ” Mr. Kissack had ignored multiple attempts to resolve the situation peacefully. Instead, he made repeated death threats towards officers while holding a knife. Attempts at less lethal force were unsuccessful.”
Gifford and Forst’s use of deadly force was justified against Kissack, and criminal charges will not be filed against either officer, the Office of Special Prosecutions said.
Kissack’s shooting is one of six fatal shootings by law enforcement so far this year in Alaska . The Office of Special Prosecutions has determined the use of deadly force was justified in five of those shootings, and has yet to release its determinations on the fatal shooting of 16-year-old Easter Leafa at an Anchorage apartment in August.
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