VANCOUVER, Wash. — A panel of five Washington prosecutors tasked with an independent review of the January 2022 death of an off-duty Vancouver police officer who was unintentionally shot and killed by a Clark County Sheriff's deputy, were unable to "reach a consensus" on whether the deputy acted in "good faith" when he opened fire.
Clark County Sheriff's Deputy John Feller shot and killed Vancouver police officer Donald Sahota near the front door of Sahota's home in Battle Ground, Washington on Jan. 29, 2022.
Deputies were pursuing a fleeing robbery suspect, Julio Cesar Segura, and had responded to Sahota's home. The off-duty officer, armed with a gun, was struggling with Segura in his driveway, trying to stop him from entering his house. Segura stabbed Sahota three times, broke free, and ran into the home. Sahota was pursuing Segura, running towards the front door of his home, when Feller opened fire.
Feller said he thought he was shooting at Segura, whom he considered to be armed and dangerous. "I believed if that person got in that house, they'd kill them," Feller said in an investigative interview. Feller didn't realize he'd shot Sahota until after Segura exited the home and surrendered.
The disagreement between members of the panel was over whether it was necessary for Feller to use deadly force, even if he believed the man he was shooting at was the robbery suspect.
"A reasonable person might conclude that the risk of serious harm was greatly diminished because Officer Sahota would have been safely in his home, armed, and protecting his family," the report said. "Deputy Feller then could have worked more deliberately to take Mr. Segura into custody. Likewise, the 'imminent threat' ... would have no longer been in existence."
The report, reflecting the differing opinions of the prosecutors, also said there is "evidence to support Officer Feller's contention that an armed Segura entering the home would have been an imminent threat to the safety of those inside."
The report states some members of the panel believed "Feller should have taken the time to verify the identity of his target." If Feller had done so, Sahota would not have been killed. Other members believed "it was not unreasonable for [Feller] to believe lethal force was immediately necessary and the man at the front door was the robber."
The prosecutors who made up the panel for the independent review were Pend Oreille County prosecutor Dolly Hunt, Lewis County prosecuting attorney Jonathan Meyer, Island County prosecuting attorney Greg Banks, Garfield County prosecuting attorney Matthew Newberg and Clallam County prosecuting attorney Mark Nichols. The report, authored by Meyer, was "reviewed, edited and approved" by all members of the committee.
The review is "not intended to guide any potential charging decision to be made by the Clark County Prosecutor's Office." Clark County Prosecuting Attorney Tony Golik said he plans to take up to two weeks to decide whether to file charges against Feller, according to Oregon Public Broadcasting.
The Clark County Sheriff's Office released a statement in response to the review, saying their "thoughts and support remain with the friends and family of Officer Donald Sahota and the Vancouver Police Department family" and that the sheriff's office continues "to provide support to Deputy Feller." The statement indicates that Feller returned to administrative duty in July 2022.
Jan. 29, 2022 shooting
Sahota, 52, was off-duty and at home in Battle Ground on the evening of Jan. 29, 2022 when he got caught up in the pursuit of a robbery suspect.
The suspect, later identified as Segura, allegedly robbed a convenience store in Orchards and then drove north on I-205 with Clark County Sheriff's deputies in pursuit. Police used spike strips to stop Segura's car after he exited the freeway near Battle Ground, and he fled on foot.
A short time later, Sahota's wife called 911 to report that a stranger was pounding on the door of their home, saying that he had been involved in a crash and needed help, and Sahota had gone out to try to detain the suspect.
Sahota and Segura engaged in a struggle in the driveway, according to a police probable cause affidavit, during which Sahota's pistol fell to the ground. Segura later told police he had stabbed Sahota multiple times.
When Clark County deputies began to arrive at the scene, Segura broke away and fled into the house. Sahota stood up, retrieved his pistol and pursued him, at which point Feller fired multiple rounds and hit him.
Sahota collapsed on the front porch. Police realized he was a resident rather than the suspect when Segura exited the house and surrendered. An autopsy later confirmed that Sahota died from gunshot wounds.
Segura was arrested and later charged with three counts of first-degree murder, one count of second-degree murder, one count of first-degree attempted murder, one count of first-degree attempted kidnapping, one count of first-degree burglary and one count of first-degree robbery. He entered a not guilty plea on all charges on March 1, 2022 and a trial was scheduled for Sept. 12.
Feller was involved in another, separate high-profile shooting in 2020. He was one of three deputies who opened fire on Kevin Peterson Jr. in Hazel Dell during a failed drug sting in October 2020. The shooting led to protests and vigils in the weeks that followed. In August 2021, prosecutors ruled the shooting was justified and that none of the three deputies would face charges.
Correction: An earlier version of this article incorrectly referred to Clark County as Washington County.