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The original item was published from 12/16/2015 12:58:23 PM to 12/17/2017 12:00:09 AM.

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Prosecuting Attorney

Posted on: December 16, 2015

[ARCHIVED] Prosecutor finds officer’s use of deadly force lawful

TACOMA, WA – Independent and concurrent investigations by the Pierce County Medical Examiner’s Office, Pierce County Prosecutor’s Office and Tacoma Police Department regarding the shooting death of Jason Dion Galaviz, 40, have been completed. Galaviz died from a gunshot wound inflicted by off-duty Tacoma Police Officer Dwaine Dakarai.

Pierce County Prosecutor Mark Lindquist concluded the death was justifiable homicide under state law. “Though off duty, Officer Dakarai acted to protect a young woman who was being robbed. His actions were proper to protect her and other citizens.”

On Aug. 5, 2015, Officer Dakarai and his wife were traveling on South Tacoma Way when they saw Galaviz throw a young female to the ground and steal her cell phone. Officer Dakarai followed Galaviz and yelled from his car, “Off-duty Tacoma Police Officer. Stop.” Three citizens also observed the robbery and chased Galaviz to his truck. When Officer Dakarai caught up, the citizens were struggling with Galaviz, and Officer Dakarai ordered them to stop fighting. Galaviz retrieved a handgun from his truck and pointed it at the citizens. When Officer Dakarai approached the open passenger door, Galaviz pointed the gun at him. Officer Dakarai drew his personal firearm and ordered Galaviz to drop his gun. Galaviz did not comply and, fearing for his life and the lives of the citizens, Officer Dakarai fired one shot at Galaviz, striking him in the chest. Galaviz was able to drive his truck a short distance before crashing into a parking sign. He was transported to the hospital, where he died.

The gun Galaviz used was located on the driver’s side floor of his truck. The magazine was fully-loaded, but the gun did not have a round in the chamber. The condition of the gun indicated the trigger had been pulled.

According to Medical Examiner Dr. Thomas Clark, Galaviz died from a gunshot wound to his chest. Dr. Clark also determined Galaviz had methamphetamine, oxycodone, marijuana and prescription drugs in his system at the time of his death.

Heather Songer
Communications and Public Information Coordinator
Pierce County Prosecuting Attorney’s Office
[email protected]

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