"Over the course of the follow-up investigation, it has become clear that we cannot meet the high burden of disproving self-defense beyond a reasonable doubt, which is the standard required by law. "
Nikolas Fernandez, 31, of Seattle, drove a car down a street that the rioters had occupied in the Capitol Hill neighborhood on June 7, 2020. As he approached a makeshift barricade, a protester named Dan Gregory reached into the car, grabbed the steering wheel, and punched Fernandez in the face. Fernandez used his Glock 26 to shoot the 27-year-old protester in the shoulder and then turned himself over to the police.
Fernandez was originally charged with first-degree assault but pleaded guilty Monday to reckless driving after prosecutors dropped the first-degree assault charge as part of a plea deal.
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King County Prosecuting Attorney Leesa Manion wrote in a statement, "The defendant in this case has raised a self-defense claim. Accordingly, the jury in this case would be required to view the case from the defendant’s perspective when evaluating his self-defense claim."
She added, “Over the course of the follow-up investigation, it has become clear that we cannot meet the high burden of disproving self-defense beyond a reasonable doubt, which is the standard required by law. This case has been reviewed and discussed by some of the most experienced attorneys in our office, and in light of the follow-up investigation, we do not think we can prove an assault charge beyond a reasonable doubt."
Manion stressed the fact that Fernandez’s brother being a Seattle police officer did not factor into the office’s resolution of the case. "Some may try to argue that this factored into or influenced our office’s resolution of this case. That is simply not true. The video evidence in this case is not enough to overcome the self-defense argument that the jury is required to consider. Because we cannot disprove self-defense beyond a reasonable doubt, we cannot obtain an Assault in the First-Degree conviction."
Prosecutors plan to recommend the judge give Fernandez 24 months of probation and suspend his license for 30 days at a hearing scheduled for March 3.
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