Today Prosecutor Mark Lindquist declined to file charges against Mario D. Carey, 45, in connection with the shooting of Kathryn New, 60, on April 13, 2016 in Graham, Washington. New was shot after she pointed a pistol at a bail enforcement agent during an attempt by bail enforcement agents to apprehend her son, Aaron New, at her home.
Deputy Prosecuting Attorney Jared Aussurer, who reviewed the case for charging, determined that “there is no reasonable likelihood that the State could disprove the defense of justifiable homicide beyond a reasonable doubt.” The decision comes following lengthy investigation by the Pierce County Sheriff’s Department and careful review by the Pierce County Prosecuting Attorney’s Office.
“While the loss of life is regrettable, the law and the facts do not support the filing of criminal charges,” said Prosecutor Lindquist. “We only charge cases where we believe the evidence supports a conviction.”
On April 13, 2016, three bail enforcement officers, including Carey, went to 10213 260th Street E in an effort to apprehend Aaron New. Aaron had failed to appear for a February 16, 2016 court date on charges of malicious mischief – DV and violation of a no contact order – DV. The address was one Aaron had listed as a previous address on his application for the surety bail bond.
The home belonged to Douglas Veale and his wife, Kathryn New, who was Aaron’s mother. Veale contacted the agents as they knocked and announced themselves. After the agents explained why they were there, Mr. Veale confirmed Aaron was at the residence and offered to help the agents detain him.
Kathryn opened the door, and Carey along with another agent, Harper, went with him through the front door. The third agent, Gutierrez, went around to the back door of the home. As the two agents entered the front door, Kathryn yelled at them to get out of her house. Veale yelled back three or four times that the agents had the right to enter because Aaron was out on bail. Kathryn continued to yell at the agents to get out of her house and that she was going to call the police as the agents located and detained Aaron in a back bedroom.
Kathryn walked into her bedroom and returned with a small bag, placing herself between the agents and the front door. She unzipped the bag and pulled out a pistol. She pointed the pistol at Carey. Carey drew his gun and ordered Kathryn to put down her gun at least 10 times. Veale also yelled at Kathryn to drop her gun. She eventually lowered the gun to her side.
Gutierrez returned through the front door after hearing the yelling. He observed Kathryn with the gun at her side and ordered her to drop the gun, but she continued to hold the gun. Gutierrez drew his taser and deployed it, striking Kathryn with the probes. Carey, who reported that he could not see Gutierrez and didn’t know that he had deployed his taser, saw Kathryn raise the gun back up. Fearing he would be shot, he fired two shots at Kathryn.
The agents removed the gun from Kathryn’s hand and called for aid. They rendered aid to her until medical aid arrived. Kathryn died at the hospital as a result of the gunshot wounds.
Washington state law directs that charges be filed for crimes against a person “if sufficient admissible evidence exists, which, when considered in the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact finder.”
