A former Navy man who was injured in a police-involved shooting seven years ago has settled a federal lawsuit against Island County for $2.75 million.

Heath Garcia, a former Navy security officer, filed the lawsuit in federal court in 2020, alleging that actions by the Island County Sheriff’s Office led to him being shot in the ankle during the chaotic incident.

Nicholas Perkins, also a member of the Navy, was shot three times and killed by a deputy during a struggle.

Garcia originally demanded $20 million in damages but settled after years of litigation. In an interview, Garcia’s attorney, Jay Krulewitch of Seattle, focused on the actions of Mike Hawley, a former lieutenant with the Island County Sheriff’s Office. Hawley and Deputy Robert Mirabal were originally named as defendants in the case.

“As a result of Hawley’s wrongful actions in using Mr. Garcia to conduct face-to-face negotiations with a suicidal, intoxicated, armed and barricaded subject, and then making false representations to Mr. Garcia, which were relied upon by Mr. Garcia, the incident turned into a tragic and deadly fiasco,” Krulewitch said.

Attorney John Justice, who represented the county, pointed out that the case was set to go to trial in a few months and that there is always a risk at trial. He said the settlement dismisses the lawsuit against the county and the deputies without any acceptance of wrongdoing.

Island County Sheriff Rick Felici, who wasn’t sheriff at the time of the shooting, had no comment about the settlement.

While the two sides in the lawsuit disagreed about important details of the incident, Island County Prosecutor Greg Banks reviewed and analyzed more than 2,000 pages of evidence in the shooting, which was investigated by the Skagit County Multi-Agency Response Team. He declined to file charges against anyone involved.

Banks’ report describes the events that “likely occurred” based on the evaluation of investigation materials.

On Sept. 17, 2017, a friend of Perkins called 911 to report that Perkins texted an image of a gun and wrote “I’m done – Ready to die,” Banks’ report states. Hawley and other deputies responded to Perkins’ North Whidbey residence. Perkins pointed an AR-15 rifle at deputies through a window, prompting them to retreat, take cover and call additional officers to respond.

Perkins’ roommate came out of the home and notified police that Perkins, a member of the Navy, was despondent and potentially suicidal; he had three firearms in the house. Deputies notified officials at Naval Air Station Whidbey Island about the incident.

Banks wrote that Garcia was on duty at the base but drove to the scene. His rationale was unclear from the report since he was only an acquaintance of Perkins and hadn’t interacted with him in over a year.

“Mr. Garcia’s superiors, his subordinates, and others in the Navy would later say they neither authorized nor directed him to leave his post or go to Mr. Perkins’ house. Several responded with profanity when they learned Mr. Garcia had driven to the house,” Banks wrote.

Garcia allegedly walked past the deputies in the dark and went into the house without permission from Hawley or anyone else at the scene. Garcia later asserted that he had permission, but radio logs and deputies at the scene corroborated that Hawley was surprised to learn he had entered the house, Banks wrote.

Later, however, Hawley and officers at the scene allowed Garcia to go in and out of the house, acting as a go-between for Perkins and the deputies.

Perkins eventually came out of the house armed with a loaded and pumped shotgun. Perkins yelled obscenities and began to walk back to the house when he saw deputies.

Banks’ report does not discuss the allegation that Hawley had promised to have his deputies move back but then broke the promise, angering Perkins and escalating the situation. The issue became important in subequent litigation.

After Perkins became upset and headed back, Garcia put him in a “bear hug” and yelled for help, Banks wrote.

“Mr. Garcia did not report that he communicated his intention to any law enforcement officers,” the report states. “No law enforcement officers were aware of his plan. His physical engagement of Mr. Perkins took everyone by surprise.”

Mirabal rotated his rifle to his back and tackled the two men, knocking the shotgun out of reach. Mirabal, who was on top of Perkins, realized his rifle had flipped in front of him. Perkins started firing Mirabal’s rifle, pulling the trigger ten times, and one of the bullets struck Garcia in the ankle.

Deputy Trevor Wolff jumped into the struggle and quickly concluded that Perkins was firing the rifle. He fired three shots at Perkins at “close contact” distance, Banks wrote. Perkins was later declared dead at the scene.

Banks determined that Wolff’s actions were clearly lawful.

“Once Mr. Perkins began firing the rifle, any person would have been justified under the law to use lethal force to stop him,” he wrote.

In addition, Banks concluded that Garcia did not violate the law.

“Although Mr. Garcia’s actions could be argued to have precipitated the shooting, there is no evidence to suggest he intended anything other than bringing about a peaceful resolution to an armed standoff,” he wrote.

As a result of the catastrophic injury, Garcia was “medically retired” from the Navy, according to Krulewitch.

The case involved some sticky legal issues that led to the Ninth Circle Court of Appeals. After a federal judge ruled that Hawley and Mirabal did not have qualified immunity, the county appealed the t0 the federal appeals court. The panel of circuit judges found that Mirabal did have immunity but that Hawley did not.

Specifically, the judges found that Hawley may have violated Garcia’s Fourteenth Amendment right to be free from a state-created danger. Hawley’s allegedly created the danger when he broke his promise to move the deputies back away from the house.

“The misrepresentation placed Garcia in a worse position than he otherwise would have been in: The suicidal individual had calmed down substantially and became agitated and violent only upon realizing that Hawley had not kept his word,” the ruling states.

Krulewitch said it was against department policy and negligent for the police to allow Garcia to go in and out of the house of an armed and suicidal man.

“This terrible and tragic ending to this incident was completely preventable and avoidable had Lt. Hawley utilized appropriate police procedures and properly managed this scene for the protection of everyone, including Mr. Garcia,” Krulewitch said.

Krulewitch’s co-counsel in the case was attorney John-Paul Gustad.