Put down your gun and hit the ground | Firearms Lawyer

On Aug. 25, Spokane County Deputy Brian Hirzel shot and killed Pastor Wayne Scott Creach after repeatedly ordering the 74-year-old man to drop his weapon.

On Aug. 25, Spokane County Deputy Brian Hirzel shot and killed Pastor Wayne Scott Creach after repeatedly ordering the 74-year-old man to drop his weapon.

The deputy was parked in the parking lot of the pastor’s business in an unmarked Ford Crown Victoria when he noticed the pastor, who lived next to the business, approaching with a flashlight and a gun in his hands.

The deputy drew his weapon and ordered Pastor Creach to back away from the vehicle and drop his weapon. According to the Sheriff’s Office, Creach backed up, put his gun behind his back in his waistband and said, “I’m not going down on the ground.” The deputy then struck the homeowner in the knee or leg with a police baton. Deputy Hirzel said he saw the armed homeowner buckle and reach back to draw his gun. Hirzel fired one shot, killing Creach.

Officer-involved shootings result in outrage on the part of families. The pastor’s son stated, “I don’t believe it’s written in the Constitution that when a deputy approaches you have to put your gun down. … I’m not a lawyer, but it really bothered me incredibly to hear how my father was murdered.”

A candlelight vigil was held after a Seattle officer shot and killed a Native-American who was approaching the officer with a three-inch knife. The woodcarver had ignored repeated commands to drop the knife. The same week, a Federal Way police officer shot a man near Enchanted Village because the man backed a stolen vehicle toward a pursuing officer. Federal Way has now entered the New Year with a senseless shooting Jan. 2 that resulted from road rage.

It is easy to imagine that fewer guns are the solution to such violence, but if another driver comes up to your vehicle with a gun, should you have to sit there helplessly and take a bullet?

Creach may have had some justification for not obeying several commands to put down his weapon — especially if the deputy was not in uniform. Criminals can impersonate police officers. On the other hand, the deputy would have jeopardized his own safety had he assumed Creach was an honest homeowner. An inquest is held to investigate the causes and circumstances of any death involving a law enforcement officer in the performance of his or her duties.

Nevertheless, some lessons can be drawn from the tragic situation that occurred in Spokane County. Although having gun in hand may seem reasonable while protecting your home or business, the weapon should be holstered until you are confronted with an imminent threat of deadly force. Stay in a safe place after you call 911. Keep your tactical advantage. Remain behind cover and do not leave your bedroom unless necessary to protect members of your household that remain in other rooms.

When officers respond to 911 calls, they have to assume that anyone with a weapon drawn is dangerous. Practice a smooth draw in an appropriate place, keep your weapon close at hand and keep the weapon holstered. When you are confronted by an officer, remember: He or she is watching your hands! Situational awareness provides safety; an exposed weapon is often a tactical and legal vulnerability.