Complaint

ELECTRONICALLY FILED

5/9/2024 10:01 AM

Heidi Percy County Clerk Snohomish County, WASH Case Number: 24-2-03579-31

IN THE SUPERIOR COURT OF WASHINGTON FOR SNOHOMISH COUNTY

REGINA BABCOCK, individually, and as Personal Representative of the ESTATE of DAVID BABCOCK; ELIZABETH BABCOCK; ALYSHIA LOSEY; and JAMES JACKSON, as guardian ad litem for minor child AUDREY WILLIAMS, Plaintiffs, v.

CITY OF MOUNT VERNON, a governmental entity; CITY OF SEDROWOOLLEY, a governmental entity; SKAGIT COUNTY, a governmental entity; MAXWELL ROSSER, individually, Defendants.

24-2-03579-31

COMPLAINT

COMES NOW Plaintiffs and allege as follows:

David Babcock

November 1, 1970 – February 20, 2022

I. PARTIES

1.1

Decedent DAVID BABCOCK was born on November 1, 1970, in Hayward, California. At the time of his death, Mr. Babcock was 51 years old and lived with his wife, Regina Babcock. Mr. Babcock has three daughters: Elizabeth Babcock, Alyshia Losey, and minor Audrey Williams.

1.2 On August 28, 2023, Plaintiff REGINA BABCOCK was appointed the Personal Representative of the ESTATE OF DAVID BABCOCK in King County Superior Court Cause No. 23-4-06002-1.

1.3 Defendant CITY OF MOUNT VERNON is a governmental agency in the State of Washington. Among other things, the City of Mount Vernon provides law enforcement services through its police department (“MVPD”).

1.4 Defendant CITY OF SEDRO-WOOLLEY is a governmental agency in the State of Washington. Among other things, the City of Sedro-Woolley provides law enforcement services through its police department (“SWPD”).

1.5 Defendant SKAGIT COUNTY is a governmental agency in the State of Washington. Among other things, Skagit County operates the Skagit County Sheriff’s Office, which provides law enforcement services for the County.

1.6 Defendant MAXWELL ROSSER (“Officer Rosser”) is a City of Sedro-Woolley police officer who, at all times relevant hereto, was acting within the scope of his employment and under color of state law at all relevant times herein. According to the SWPD police manual, as a sworn officer, Officer Rosser’s fundamental duty is “the protection and preservation of human life… it is more important than either the apprehension of criminal offenders or the protection of

1 The website also highlights that the Department must “foster a safe and enjoyable community by cultivating a culture of proactive police service that is professional, impartial, and honorable.” 2

1.7 The City of Sedro-Woolley is vicariously liable for all its employees’ acts and omissions, including but not limited to the acts and omissions of officers and other employees of the Sedro-Woolley Police Department.

II. JURISDICTION AND VENUE

2.1 The Superior Court of Snohomish County, State of Washington, has subject matter jurisdiction over this action pursuant to RCW 2.08.010.

2.2 Jurisdiction is proper in the State of Washington pursuant to RCW 4.28.185.

2.3 On December 27, 2023, Plaintiffs served their Claims for Damages upon Mount Vernon, Sedro-Woolley, and Skagit County. Copies of the forms are attached as Exhibit A to this Complaint.

2.4 More than sixty (60) calendar days have elapsed since the plaintiffs presented the tort claim forms to the City of Mount Vernon, the City of Sedro-Wooley, and Skagit County.

2.5 Venue is proper in Snohomish County, Washington pursuant to RCW 36.01.050.

III. STATEMENT OF FACTS

3.1 This case arises from the tortious acts of the City of Mount Vernon Police Department (“MVPD”), the City of Sedro-Woolley Police Department (“SWPD”), Skagit County and Officer Rosser that resulted in the death of David Babcock.

1 Sedro-Woolley Police Department Policy Manual, 10.01.00 – Philosophy. 2 Code of Ethics, Auburn Police Department WA Policy Manual (2019).

3.2 At the time of his death, David Babcock was married and had three children.

3.3 In 2021, the Washington State Legislature passed HB 1054, a bill aimed at reducing the number of fatalities from vehicular pursuits by stating guidelines for which criminal offenses warrant police pursuit.

3.4 HB 1054 states that officers are not allowed to engage in a vehicular pursuit unless there is probable cause to believe a person in the vehicle committed or is committing a violent offense or sex offense or is under reasonable suspicion of driving under the influence.

3.5 In addition, HB 1054 states: A peace officer may not fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon. For the purposes of this subsection, a vehicle is not considered a deadly weapon unless the operator is using the vehicle as a deadly weapon and no other reasonable means to avoid potential serious harm are immediately available to the officer.

3.6 On July 28, 2021, MVPD noted in a statement to the community that HB 1054 will change how the police pursue vehicles.

3.7 SWPD updated its training to inform officers about the change in legislation.

3.8 SWPD also publicly complained about the new legislation and how it restricted officers’ abilities to engage in vehicle pursuits, absent specific criteria:

3.9 On February 16, 2022, around 11:16 pm, Mount Vernon police officer, Jerrad Ely, thought he recognized a vehicle in the parking lot of Safeway at 316 E. College Way in Mount Vernon, Washington. It was a white Nissan Pathfinder that appeared to match a vehicle that eluded Officer Ely on February 9, 2022, but it had a different license plate.

3.10 Dispatch provided the return on the plate was for a gray 1997 Ford Ranger. Officer Ely activated his emergency lights and attempted a traffic stop. The white Nissan Pathfinder drove onto Northbound Interstate 5 (I-5) as though it had not seen the officer. Officer Ely then sounded his emergency siren. Officer Ely then turned off all his emergency lights.

3.11 At around 11:25 pm Skagit County Sheriff’s Office Deputy Shawn Vincent advised over scanner that he spotted the Nissan Pathfinder and was following it “at a distance.”

3.12 A few minutes later, Deputy Vincent reported that he observed the Nissan Pathfinder eastbound on Peterson. Deputy Vincent then advised that the vehicle was now southbound on N. Fruitdale Road. Then at 2345 he provided two updates – that it was southbound passing Bramble Lane then southbound passing Northern State Road, still placing the vehicle on N. Fruitdale Road.

3.13 Sedro-Woolley police officers Paul Eaton and Max Rosser joined the pursuit. They parked their vehicles at N. Fruitdale Road and McGarigle Road, a T intersection. They deployed spike strips.

3.14 The intersection of McGarigle Road and Fruitdale Road is a residential area. When Mr. Babcock reached the intersection, he drove to the right side of the roadway, around the spike strips.

3.15 Standing next to the telephone pole, Officer Rosser then stepped toward the vehicle and fired his service weapon multiple times through the vehicle’s front window at Mr. Babcock

3.16 Officer Rosser did not step back toward the street, behind the telephone pole, or out of the way before or while firing the shots.

3.17 The bullets struck Mr. Babcock in the neck and caused him to veer into the driver’s side of Seargent Eaton’s patrol vehicle first and then into a pole.

3.18 Mr. Babcock’s vehicle then rolled backward and came to a stop in the roadway. When officers approached the vehicle, they determined Mr. Babcock had an “injury to his neck,” i.e. a bullet wound to his neck.

3.19 Mr. Babcock was slumped over to the right, and not moving.

3.20 Deputy Vincent confirmed Mr. Babcock had no weapons on his person.

3.21 Officers on scene recognized Mr. Babcock, and his identity was confirmed by his driver’s license.

3.22 Mr. Babcock was unable to get out of the vehicle, so officers pulled him out by his feet.

3.23 According to police reports, he was responsive at the scene, apparently able to open his eyes briefly.

3.24 Mr. Babcock was transported for emergency medical aid.

3.25 He did not survive.

3.26 Mr. Babcock’s death certificate notes he died as a result of a gunshot wound to the head. At the time of his death, Mr. Babcock was 51 years old.

3.27 Nine bullets were found in the vehicle Mr. Babcock was driving and inspection of Officer Rosser’s weapon revealed he shot nine bullets into the Pathfinder, at Mr. Babcock.

3.28 Defendant Rosser was in the course and scope of his duties at all relevant times relevant. Defendant Rosser was acting in violation of police department policies and state law when he shot Mr. Babcock.

3.29 Defendants hired, trained and/or supervised the officers involved in this incident

3.30 Defendants failed to follow and/or enforce their own policies and procedures in regard to pursuing vehicles. Defendants also failed to follow state law with regard to pursuing vehicles. No written exemption from Defendants’ policies existed for the officers’ pursuit of Mr. Babcock that night.

3.31 Defendants pursued Mr. Babcock without probable cause.

3.32 Defendants pursued Mr. Babcock without any legal justification.

3.33 The illegal and unjustified pursuit of Mr. Babcock needlessly and unreasonably increased the risk of the encounter.

3.34 Defendant Rosser failed to follow SWPD’s policies on excessive use of force and killed Mr. Babcock.

3.35 Officer Rosser’s shooting of Mr. Babcock was unjustified and an excessive use of force.

3.36 Defendant Rosser’s conduct was egregious and callous.

IV. CAUSES OF ACTION (A-G)

Plaintiffs reallege all facts stated above.

A. Negligence: Defendant Officer Rosser

4.1 Defendant had a common law duty to act reasonably in his interactions with Mr. Babcock and to act with ordinary care.

4.2 Defendant breached the duty to act reasonably and with ordinary care and proximately caused the death of David Babcock and the damages suffered by the Plaintiffs.

B. Negligence: Defendant City of Mount Vernon

4.3 Defendant owed a duty to properly hire, train, and supervise its employees.

4.4 Defendant breached those duties by failing to adequately train and supervise the officers who pursued Mr. Babcock.

4.5 Defendant is also vicariously liable for the negligence of its negligent employees.

4.6 The negligent conduct of Defendant and/or its employees was a cause of Mr. Babcock’s death and the damages suffered by the Plaintiffs.

C. Negligence: Defendant City of Sedro-Woolley

4.7 Defendant owed a duty to properly hire, train, and supervise its employees.

4.8 Defendant breached those duties by failing to adequately train and supervise Officer Rosser.

4.9 Defendant is also vicariously liable for the negligence of Officer Rosser and any other negligent employees.

4.10 The negligent conduct of Defendant and/or its employees was a cause of Mr. Babcock’s death and the damages suffered by the Plaintiffs. //

D. Negligence: Defendant Skagit County

4.11 Defendant owed a duty to properly hire, train, and supervise its employees.

4.12 Defendant breached those duties by failing to adequately train and supervise the officers who pursued Mr. Babcock.

4.13 Defendant is also vicariously liable for the negligence of any other negligent employees.

4.14 The negligent conduct of Defendant and/or its employees was a cause of Mr. Babcock’s death and the damages suffered by the Plaintiffs.

V. DAMAGES

5.1 As a direct and proximate result of the tortious conduct of the Defendants as described above, Plaintiffs have been damaged. They have suffered past and future economic and non-economic damages in an amount to be proven at trial. Their damages include, but are not limited to, the following:

5.2 The Estate of David Babcock by and through his wife, as Personal Representative, suffered economic and non-economic damages, including pre-death pain and suffering, fear of death, medical bills and funeral expenses, loss of future potential earnings, and loss of enjoyment of life, in an amount to be proved at trial, including all damages as provided under RCW 4.20.010, RCW 4.20.046 and RCW 4.20.060.

5.3 As wife and children who had significant involvement in the life of an adult man, Regina Babcock, Elizabeth Babcock, Alyshia Losey, and minor Audrey Williams suffered damages in an amount to be proven at trial, including loss of love and companionship of the husband, the destruction of the parent/child relationship and all other damages as provided under RCW 4.24.010.

VI. JURY DEMAND

6.1 Pursuant to CR 38, Plaintiffs demand a jury of 12. The jury fee will be paid upon filing.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against the Defendants jointly and severally as follows:

a) Fashioning an appropriate remedy and awarding general and special damages, and any other lawful damages in an amount to be proven at trial;

b) Awarding reasonable attorneys’ fees and costs as available under the law;

c) Awarding any and all applicable interest on the judgment; and

d) Awarding such other and further relief as the Court deems just and proper.

DATED this 9th day of May, 2024

STRITMATTER KESSLER KOEHLER MOORE

s/Melanie Nguyen

Melanie Nguyen, WSBA #51724

Gemma Zanowski, WSBA #43259 Counsel for Plaintiffs

A

City/Organization

Claimant Information

City of Mount Vernon - Claim for Damages Form

For Official Use Only

Date Received from Claimant

Claimant’s name: Estate of David Babcock

Current residential address: 45886 Benjamin Street, Concrete, WA 98237

Mailing address (if different):

Date of Birth:

11/01/1970

Stritmatter Kessler Koehler Moore, 3600 15th Ave W, Suite 300, Seattle, WA 98119

Residential address at the time of the incident (if different from current address):

Claimant’s daytime phone number (work, home or cell)

Claimant’s email address:

Incident Information

206 448 1777 melanie@stritmatter.com; gemma@stritmatter.com

Date of the incident: Time: am/pm

02/16/2022 11:46 pm

If the incident occurred over a period of time, date of first and last occurrences:

From: To:

Location of incident:

N Fruitdale Rd and McGarigle Rd, Sedro Woolley

Name, addresses and telephone numbers of all persons involved in or witness to this incident:

See attachment.

Name of all of our employees having knowledge of this incident:

See attachment.

Name, addresses and telephone numbers of all individuals not already identified above that have knowledge regarding the issues involved in this incident or knowledge of the claimant’s resulting damages. Please include a brief description as to the nature and extent of each person’s knowledge. Attach additional sheets if necessary.

Claimant's attorneys:

Melanie Nguyen Gemma Zanowski

Stritmatter Kessler Koehler Moore 3600 15th Ave W, Suite 300, Seattle, WA 98119

Describe the cause of the injury or damages. Explain the extent of the property loss or medical, physical or mental injuries. Attach additional sheets if necessary.

Has this incident been reported to law enforcement? If so, which agency and name of officer (if known).

Yes, SMART, WSP, Skagit County Sheriff's Office, Mt Vernon PD, Sedro-Woolley PD, Burlington PD

Have you filed a claim with your insurance carrier? If so, what is their name, phone number and claim number?

Name address and telephone numbers of treating medical providers. Please attach billings and records if available.

Please attach any other documentation that you believe support your claim’s allegations

*Additional Information Required for Automobile Claims Only*

License Plate # Year/ Make/ Model

Driver Name, Address & Phone

Owner Name, Address & Phone

Passenger(s) Name, Address & Phone

I am claiming damages in the amount of

See attachment.

I declare under penalty of perjury under the laws of the State of Washington the foregoing is true and correct. This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by an attorney admitted to practice in Washington State on the Claimant’s behalf or by a courtapproved guardian or guardian ad litem on behalf of the Claimant.

12/27/23

Signature of Claimant Date

(If notarized, for notary to complete)

I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.

Dated: Signature:

My appointment expires:

Title:

Addendum: Claim Form Estate of David Babcock

Incident:

On February 16, 2022, three law enforcement agencies became involved in a police pursuit that resulted in the shooting death of David Babcock.

Earlier that night, the Mount Vernon Police Department advised on the police scanner that they had attempted to pull a white Nissan Pathfinder over for having an incorrect license plate on the vehicle. When MVPD Officer Ely attempted to stop the vehicle at Interstate 5 (I-5) and College way (in Skagit County), it drove away, as though it had not seen the officer. The interaction was described as a traffic stop.

Deputy Vincent (Skagit County Sheriff’s Office) was southbound on Goldenrod Road proceeding toward George Hopper when he saw what he believed to be the Nissan Pathfinder proceeding northbound on I-5. Deputy Vincent began following the vehicle. He then overheard Deputy Moses (Skagit County Sheriff’s Office) advise that he was behind the vehicle, now proceeding eastbound on State Route 20. According to police reports, the police vehicles did not have lights or sirens activated.

Believing that the Pathfinder would end up on State Route 9, Deputy Kahns (Skagit County Sheriff’s Office) drove towards the intersection of State Route 9 and East Moore Street, to attempt to cut the vehicle off. Upon advisement from Deputy Vincent, Deputy Kahns continued driving on East Moore Street to reach State Route 20 and North Fruitdale Road. He arrived at the intersection and waited to see the other pursuing officers. Deputy Vincent continued to follow the vehicle.

Sedro-Woolley Police Department Sergeant Eaton and Officer Rosser joined the pursuit, parking their vehicles at the intersection of McGarigle Road and Fruitdale Road. They deployed spike strips. It is unclear from the records the reasons for the continued pursuit of Mr. Babcock or use of spike strips for a “traffic stop.” They were unable to identify the driver as David Babcock before the shooting.

The intersection of McGarigle and Fruitdale is a residential area. When Mr. Babcock reached the intersection, he drove to the right side of the roadway, around the spike strips. Officer Rosser then stepped toward the vehicle and fired his service weapon multiple times through the vehicle’s front window at Mr. Babcock, striking him in the neck, and causing him to veer into the driver’s side of Sergeant Eaton’s patrol vehicle first and then into a pole. Mr. Babcock’s vehicle then rolled backward and came to a stop in the roadway. When officers approached the vehicle, they determined Mr. Babcock had an “injury to his neck,” i.e. a bullet wound to his neck. Mr. Babcock was slumped over to the right, and not moving. Deputy Vincent confirmed Mr. Babcock had no weapons on his person. Officers on scene recognized him, and his identity was confirmed by his driver’s license. Mr. Babcock was unable to get out of the vehicle, so officers pulled him out by his feet. According to police reports, he was responsive at the scene, apparently able to open his eyes briefly. He was transported for emergency medical aid. He did not survive. At the time of his death, Mr. Babcock was 41 years old.

Legal Allegations:

The Estate of David Babcock and Mr. Babcock’s beneficiaries –Alyshia Losey, Audrey Williams, Elizabeth Babcock, and Regina Babcock are making negligence claims against Officer Rosser, the City of Mount Vernon, the City of Sedro-Woolley and Skagit County. The Cities and County failed to enforce and implement applicable Police Department policies. Multiple officers from these entities failed to follow proper pursuit, de-escalation, and use of force policies and procedures. All acts of negligence are a proximate cause of the shooting and David Babcock’s death.

Damages will be sought by the Estate under RCW 4.20.010, 4.20.020, RCW 4.20.046, and RCW 4.20.060.

Witness/Persons Involved:

David Babcock (deceased)

Officer Maxwell Rosser (Sedro-Woolley Police Department)

Sergeant Paul Eaton (Sedro-Woolley Police Department)

Officer Brady Moore (Sedro-Woolley Police Department)

Officer Deion Whitt (Sedro-Woolley Police Department)

Deputy Shawn Vincent (Skagit County Sheriff’s Office)

Deputy Mitchell Kahns (Skagit County Sheriff’s Office)

Deputy Jason Moses (Skagit County Sheriff’s Office)

Officer J. Ely (Mount Vernon Police Department)

Many other witnesses in the nearby area:

Witnesses identified in police records:

John Olsen (resident)

Darren McBee (resident)

Elissa McBee (resident)

Robert Wong (resident)

Kelsey Stannert (resident)

Adelina Martinez (resident)

Vanessa Martinez (resident)

Jessica Ryburn (resident)

Jeff Ryburn (resident)

Susan William (resident)

James Blanton (resident)

Other witnesses to claimant’s injuries and damages:

Lieutenant Mike Moore (Washington State Patrol)

Captain Mike Bailey (Oak Harbor Police Department)

Officer Jonah Sataraka (Burlington Police Department)

Officer Brandon Kuschnereit (Burlington Police Department)

Sergeant Brooks (Burlington Police Department)

Sergeant Landry (Bellingham Police Department)

Officer Lyons (Bellingham Police Department)

Chief Tobin Meyer (Skagit County Sheriff’s Office)

Chief Lynn Tucker (Sedro-Woolley Police Department)

Sergeant Ben Hagglund (Skagit County Sheriff’s Office)

Lieutenant Jeff Willard (Skagit County Sheriff’s Office)

Sergeant Beau Montgomery (Skagit County Sheriff’s Office)

Deputy Sande Keyes (Skagit County Sheriff’s Office)

Deputy Murdock (Skagit County Sheriff’s Office)

Deputy Kyle Wiggins (Skagit County Sheriff’s Office)

Deputy Shaun Dalton (Skagit County Sheriff’s Office)

Deputy Darian Willis (Skagit County Sheriff’s Office)

Sergeant Jenny Sheehan-Lee (Skagit County Sheriff’s Office)

Detective Sergeant Mike Marken (Washington State Patrol)

Deputy Mueller (Skagit County Sheriff’s Office)

Deputy Steve Gonzales (Skagit County Sheriff’s Office)

Detective Sergeant Jeremy Kramer (Burlington Police Department)

Detective Corporal R.W. Leetz (Anacortes Police Department)

Detective Wayne Jones (Mount Vernon Police Department)

Detective James Schwahn (Burlington Police Department)

Detective Dustin Richardson (Mount Vernon Police Department)

Detective Bill Howard (Mount Vernon Police Department)

Detective Seargent Mike Don (Mount Vernon Police Department)

Lieutenant Mikel Moore (Mount Vernon Police Department)

Detective Josh Lancaster (Washington State Patrol)

Detective Tim Yzaguirre (Washington State Patrol)

Detective Kevin Nelson (Washington State Patrol)

Detective Jason McDonald (Burlington Police Department)

Detective Zach Carrol (Sedro-Woolley Police Department)

Detective Liz Paul (Mount Vernon Police Department)

Detective Austin McCombs (Sedro-Woolley Police Department)

Detective Bogle (Whatcom County Sheriff’s Office)

Officer Butcher (Upper Skagit Tribal Police Department)

Trooper K. Harding (Washington State Patrol)

Fire Chief Frank Wagner (Sedro-Woolley Fire Department)

Captain Ariel Wesson (Sedro-Woolley Fire Department)

Jermaine Anderson (Sedro-Woolley Fire Department)

Cory B. Colwell (Sedro-Woolley Fire Department)

Anna M. Fallon (Sedro-Woolley Fire Department)

Christina Goodin (Sedro-Woolley Fire Department)

Brandon Paulson (Sedro-Woolley Fire Department)

Dillon Russell (Sedro-Woolley Fire Department)

Brad Scharnickel (Sedro-Woolley Fire Department)

Dr. Naviaux (St. Joseph Hospital)

Whatcom County Medical Examiner

Investigating officers from the SMART team, and

Others to be determined

Claimed Damages:

The purpose underlying the statement of the amount of damages is to provide the government with notice of the type of relief sought. The statute is intended to give the government time to investigate, negotiate, and attempt to settle claims. As a prelude to litigation, the claim filing requirement of a damages statement is not intended to ask the impossible, and the requirement is not equivalent to a final request for relief. In this case, the exact amount of damages is uncertain at the time the notice is prepared. Because the number the claimant is able to provide will likely change as the case progresses, an accurate and complete description of the damages – instead of a number – will adequately supply the information and notice required by the claim filing statute. The government has an entire department of attorneys who are experienced in the handling of tort cases. They have had many opportunities to assess, settle, and try such cases. Based upon the initial disclosure of information, the government can calculate an approximate base amount of the claim if it so chooses. Even though the government cannot know with certainty the total amount of damages claimant will ultimately request, there is no reason for this uncertainty to impede its settlement plans. If, after evaluating the merits of this claim, the government decides to pursue settlement, the lack of a non-binding dollar figure will not dissuade the government from initiating such settlement talks. At this time, the Estate of David Babcock is seeking damages for civil rights violation, wrongful death, pain and suffering, fear of impending death, burial and funeral expenses, loss of earning potential, and the loss of love, affection, care, service, companionship, society, training and consortium he would have provided to his wife and children.

STANDARD TORT CLAIM FORM

General Liability Claim Form #SF 210

Pursuant to Chapter 4.92 RCW, this form is for filing a tort claim against the City of Sedro-Woolley. nformation requested on this form is required by RCW 4.92.100 and may be subject to public disclosure. this claim form cannot be submitted electronically (via e-mail or fax).

PLEASE TYPE OR PRINT IN INK

Mail or deliver original claim to:

City of Sedro-Woolley

ATTN: City Attorney 325 Metcalf Street Sedro-Woolley, WA 98284

City

CLAIMANT INFORMATION

Babcock,Estateof David 11/01/1970

1. Claimant's name: _________________________________________________ _______________________________________ Last name First Middle Date of birth (mm/dd/yyyy)

2. Current residential address : ___ ___________________________________________________________________________

3. Mailing address (if different): _________________ ____________________________________________________________

4. Residential address of the incident (if different from current address): _______________________________________________________________________________ _________________________

5. Claimant's daytime telephone number: _______________ ______ __________ ___________________ Home Business

6. Claimant’s e-mail address:_

INCIDENT INFORMATION

7. Date of the incident: ________________ Time:___________ .m. (check one) (mm/dd/yyyy)

8. If the incident occurred over a period of time, date of first and last occurrences: from ____________ Time: ____ .m. p.m. (check one) to ____________, Time:____ a.m . p.m. (check one) (mm/dd/yyyy) (mm/dd/yyyy)

9. Location of incident:_____________________________________________ ___________________________ State and county City, if applicable Place where occurred

10. If the incident occurred on a street or highway: ____________________________________________________________________________________________

Name of street or highway Milepost number At the intersection with or nearest intersecting street

11. City division or department alleged responsible for damage/injury: _________________________________________________________________________________________ ____

12. Names, addresses and telephone numbers of all persons involved in or witness to this incident: ____________________________________________________________________________________________________ _

45886BenjaminStreet,Concrete,WA98237 StritmatterKesslerKoehlerMoore,360015thAveW,Suite300,Seattle,WA98119 (206)448-1777 melanie@stritmatter.com; gemma@stritmatter.com 02/16/202211:46 ✔ SkagitCounty,WA Sedro-Woolley NFruitdaleRd&McGarigleR NFruitdaleRd McGarigleRd Sedro-WoolleyPoliceDepartment Seeattached.

13. Names, addresses and telephone numbers of all City employees having knowledge about this incident:

Seeattached.

14. Names, addresses and telephone numbers of all individuals not already identified in #12 and #13 above that have knowledge regarding the liability issues involved in this incident, or knowledge of the Claimant’s resulting damages. Please include a brief description as to the nature and extent of each person’s knowledge. Attach additional sheets if necessary.

Claimants'attorneys:

MelanieNguyen

GemmaZanowski StritmatterKesslerKoehlerMoore 360015thAveW,Suite300,Seattle,WA98119

15. Describe the cause of the injury or damages. Explain the extent of property loss or medical, physical or mental injuries. Attach additional sheets if necessary.

Seeattached.

16. Has this incident been reported to law enforcement, safety or security personnel? If so, when and to whom?

Yes,SMART,WSP,SkagitCountySheriff'sOffice,MtVernonPD,Sedro-WoolleyPD,BurlingtonPD

17 Names, addresses and telephone numbers of treating medical providers. Attach copies of all medical reports and billings.

18. Please attach documents which support the claim’s allegations

19. I claim damages from the City of Sedro-Woolley in the sum of $___________.

See attached.

Th Claim must sign behalf o .

I declare under penalty of perjury under the laws of the St ate of Washington that the foregoing is true and correct.

12/27/23 Seattle, WA, King County

Addendum: Claim Form Estate of David Babcock

Incident:

On February 16, 2022, three law enforcement agencies became involved in a police pursuit that resulted in the shooting death of David Babcock.

Earlier that night, the Mount Vernon Police Department advised on the police scanner that they had attempted to pull a white Nissan Pathfinder over for having an incorrect license plate on the vehicle. When MVPD Officer Ely attempted to stop the vehicle at Interstate 5 (I-5) and College way (in Skagit County), it drove away, as though it had not seen the officer. The interaction was described as a traffic stop.

Deputy Vincent (Skagit County Sheriff’s Office) was southbound on Goldenrod Road proceeding toward George Hopper when he saw what he believed to be the Nissan Pathfinder proceeding northbound on I-5. Deputy Vincent began following the vehicle. He then overheard Deputy Moses (Skagit County Sheriff’s Office) advise that he was behind the vehicle, now proceeding eastbound on State Route 20. According to police reports, the police vehicles did not have lights or sirens activated.

Believing that the Pathfinder would end up on State Route 9, Deputy Kahns (Skagit County Sheriff’s Office) drove towards the intersection of State Route 9 and East Moore Street, to attempt to cut the vehicle off. Upon advisement from Deputy Vincent, Deputy Kahns continued driving on East Moore Street to reach State Route 20 and North Fruitdale Road. He arrived at the intersection and waited to see the other pursuing officers. Deputy Vincent continued to follow the vehicle.

Sedro-Woolley Police Department Sergeant Eaton and Officer Rosser joined the pursuit, parking their vehicles at the intersection of McGarigle Road and Fruitdale Road. They deployed spike strips. It is unclear from the records the reasons for the continued pursuit of Mr. Babcock or use of spike strips for a “traffic stop.” They were unable to identify the driver as David Babcock before the shooting.

The intersection of McGarigle and Fruitdale is a residential area. When Mr. Babcock reached the intersection, he drove to the right side of the roadway, around the spike strips. Officer Rosser then stepped toward the vehicle and fired his service weapon multiple times through the vehicle’s front window at Mr. Babcock, striking him in the neck, and causing him to veer into the driver’s side of Sergeant Eaton’s patrol vehicle first and then into a pole. Mr. Babcock’s vehicle then rolled backward and came to a stop in the roadway. When officers approached the vehicle, they determined Mr. Babcock had an “injury to his neck,” i.e. a bullet wound to his neck. Mr. Babcock was slumped over to the right, and not moving. Deputy Vincent confirmed Mr. Babcock had no weapons on his person. Officers on scene recognized him, and his identity was confirmed by his driver’s license. Mr. Babcock was unable to get out of the vehicle, so officers pulled him out by his feet. According to police reports, he was responsive at the scene, apparently able to open his eyes briefly. He was transported for emergency medical aid. He did not survive. At the time of his death, Mr. Babcock was 41 years old.

Legal Allegations:

The Estate of David Babcock and Mr. Babcock’s beneficiaries –Alyshia Losey, Audrey Williams, Elizabeth Babcock, and Regina Babcock are making negligence claims against Officer Rosser, the City of Mount Vernon, the City of Sedro-Woolley and Skagit County. The Cities and County failed to enforce and implement applicable Police Department policies. Multiple officers from these entities failed to follow proper pursuit, de-escalation, and use of force policies and procedures. All acts of negligence are a proximate cause of the shooting and David Babcock’s death.

Damages will be sought by the Estate under RCW 4.20.010, 4.20.020, RCW 4.20.046, and RCW 4.20.060.

Witness/Persons Involved:

David Babcock (deceased)

Officer Maxwell Rosser (Sedro-Woolley Police Department)

Sergeant Paul Eaton (Sedro-Woolley Police Department)

Officer Brady Moore (Sedro-Woolley Police Department)

Officer Deion Whitt (Sedro-Woolley Police Department)

Deputy Shawn Vincent (Skagit County Sheriff’s Office)

Deputy Mitchell Kahns (Skagit County Sheriff’s Office)

Deputy Jason Moses (Skagit County Sheriff’s Office)

Officer J. Ely (Mount Vernon Police Department)

Many other witnesses in the nearby area:

Witnesses identified in police records:

John Olsen (resident)

Darren McBee (resident)

Elissa McBee (resident)

Robert Wong (resident)

Kelsey Stannert (resident)

Adelina Martinez (resident)

Vanessa Martinez (resident)

Jessica Ryburn (resident)

Jeff Ryburn (resident)

Susan William (resident)

James Blanton (resident)

Other witnesses to claimant’s injuries and damages:

Lieutenant Mike Moore (Washington State Patrol)

Captain Mike Bailey (Oak Harbor Police Department)

Officer Jonah Sataraka (Burlington Police Department)

Officer Brandon Kuschnereit (Burlington Police Department)

Sergeant Brooks (Burlington Police Department)

Sergeant Landry (Bellingham Police Department)

Officer Lyons (Bellingham Police Department)

Chief Tobin Meyer (Skagit County Sheriff’s Office)

Chief Lynn Tucker (Sedro-Woolley Police Department)

Sergeant Ben Hagglund (Skagit County Sheriff’s Office)

Lieutenant Jeff Willard (Skagit County Sheriff’s Office)

Sergeant Beau Montgomery (Skagit County Sheriff’s Office)

Deputy Sande Keyes (Skagit County Sheriff’s Office)

Deputy Murdock (Skagit County Sheriff’s Office)

Deputy Kyle Wiggins (Skagit County Sheriff’s Office)

Deputy Shaun Dalton (Skagit County Sheriff’s Office)

Deputy Darian Willis (Skagit County Sheriff’s Office)

Sergeant Jenny Sheehan-Lee (Skagit County Sheriff’s Office)

Detective Sergeant Mike Marken (Washington State Patrol)

Deputy Mueller (Skagit County Sheriff’s Office)

Deputy Steve Gonzales (Skagit County Sheriff’s Office)

Detective Sergeant Jeremy Kramer (Burlington Police Department)

Detective Corporal R.W. Leetz (Anacortes Police Department)

Detective Wayne Jones (Mount Vernon Police Department)

Detective James Schwahn (Burlington Police Department)

Detective Dustin Richardson (Mount Vernon Police Department)

Detective Bill Howard (Mount Vernon Police Department)

Detective Seargent Mike Don (Mount Vernon Police Department)

Lieutenant Mikel Moore (Mount Vernon Police Department)

Detective Josh Lancaster (Washington State Patrol)

Detective Tim Yzaguirre (Washington State Patrol)

Detective Kevin Nelson (Washington State Patrol)

Detective Jason McDonald (Burlington Police Department)

Detective Zach Carrol (Sedro-Woolley Police Department)

Detective Liz Paul (Mount Vernon Police Department)

Detective Austin McCombs (Sedro-Woolley Police Department)

Detective Bogle (Whatcom County Sheriff’s Office)

Officer Butcher (Upper Skagit Tribal Police Department)

Trooper K. Harding (Washington State Patrol)

Fire Chief Frank Wagner (Sedro-Woolley Fire Department)

Captain Ariel Wesson (Sedro-Woolley Fire Department)

Jermaine Anderson (Sedro-Woolley Fire Department)

Cory B. Colwell (Sedro-Woolley Fire Department)

Anna M. Fallon (Sedro-Woolley Fire Department)

Christina Goodin (Sedro-Woolley Fire Department)

Brandon Paulson (Sedro-Woolley Fire Department)

Dillon Russell (Sedro-Woolley Fire Department)

Brad Scharnickel (Sedro-Woolley Fire Department)

Dr. Naviaux (St. Joseph Hospital)

Whatcom County Medical Examiner

Investigating officers from the SMART team, and

Others to be determined

Claimed Damages:

The purpose underlying the statement of the amount of damages is to provide the government with notice of the type of relief sought. The statute is intended to give the government time to investigate, negotiate, and attempt to settle claims. As a prelude to litigation, the claim filing requirement of a damages statement is not intended to ask the impossible, and the requirement is not equivalent to a final request for relief. In this case, the exact amount of damages is uncertain at the time the notice is prepared. Because the number the claimant is able to provide will likely change as the case progresses, an accurate and complete description of the damages – instead of a number – will adequately supply the information and notice required by the claim filing statute. The government has an entire department of attorneys who are experienced in the handling of tort cases. They have had many opportunities to assess, settle, and try such cases. Based upon the initial disclosure of information, the government can calculate an approximate base amount of the claim if it so chooses. Even though the government cannot know with certainty the total amount of damages claimant will ultimately request, there is no reason for this uncertainty to impede its settlement plans. If, after evaluating the merits of this claim, the government decides to pursue settlement, the lack of a non-binding dollar figure will not dissuade the government from initiating such settlement talks. At this time, the Estate of David Babcock is seeking damages for civil rights violation, wrongful death, pain and suffering, fear of impending death, burial and funeral expenses, loss of earning potential, and the loss of love, affection, care, service, companionship, society, training and consortium he would have provided to his wife and children.

STANDARD TORT CLAIM FORM

Chapter 4.96 RCW, this form is for filing a tort claim against the Skagit County. Some of the information requestedonthisformisrequiredby RCW4.96.020and maybesubjecttopublic disclosure. For official use only

PLEASE TYPE OR PRINT CLEARLY IN INK

Mail or deliver original claim to: Skagit County Auditor Administration Bldg. 700 S. Second, Rm. 201 P.O. Box 1306 Mt. Vernon, WA 98273

Business Hours: Monday-Friday, 8:30 am. to 4:30 p.m. Closed on weekends and official state holidays.

1. Claimant's name: Babcock, Estate of David _______ 11/01/1970 Lastname First Middle Dateofbirth(mm/dd/yyyy)

2. Inmate DOC number (if applicable):________________________________________

3. Current residential address:_45886 Benjamin St, Concrete, WA 98237

4. Mailing address (if different): Stritmatter Kessler Koehler Moore, 3600 15th Ave W, Suite 300, Seattle, WA 98119

5. Residential address at the time of the incident:_______________________________ (ifdifferentfromcurrentaddress)

6.Claimant's daytime telephone number:_________________ Home 206 448 1777 __ Business or Cell

7. Claimant’s e-mail address:_melanie@stritmatter.com; gemma@stritmatter.com

8. Date of the incident:_02/16/2022______ Time: _11:46 _ □ a.m. X p.m. (check one) (mm/dd/yyyy)

9.If the incident occurred over a period of time, date of first and last occurrences: from: __________________ Time: _____ □ a.m.□ p.m. (check one) (mm/dd/yyyy) to: __________________ Time: _____ □ a.m.□ p.m. (check one) (mm/dd/yyyy)

10. Location of incident: Skagit County, WA, Sedro-Woolley, N Fruitdale Rd & McGarigle Rd CountyandState City,ifapplicable Placewhereoccurred

January 2017

11.If the incident occurred on a street orhighway:

North Fruitdale Rd & McGarigle Rd

Name of street or highway Milepost number At the intersection with or nearest intersecting street

12.County agency or department alleged responsible fordamage/injury:

Skagit County Sheriff's Office Deputy Shawnn Vincent

13.Names, addresses and telephone numbers of all persons involved in or witness to this incident:

14.Names, addresses and telephone numbers of all county or state officers, employees or volunteers having knowledge about this incident:

See attachment.

15.Names, addresses and telephone numbers of all individuals not already identified in #13 and #14 above that have knowledge regarding the liability issues involved in this incident, or knowledge of the Claimant’s resulting damages. Please include a brief description as to the nature and extent of each person’s knowledge. Attach additional sheets if necessary.

Claimant's attorneys: Melanie Nguyen Gemma Zanowski Stritmatter Kessler Koehler Moore 3600 15th Ave W, Suite 300, Seattle, WA 98116

16.Describe the cause of the injury or damages. Explain the extent of property loss or medical, physical or mental injuries. Attach additional sheets if necessary.

See attachment.

January 2017

17.Has this incident been reported to law enforcement, safety or security personnel? If so, when and to whom? Please attach a copy of the report or contact information.

18.Names, addresses and telephone numbers of treating medical providers. Attach copies of all medical reports and billings.

19.Please attach any documents, which support the allegations of the claim.

20.I claim damages from SkagitCounty in the sum of $________.

See attachment. See attachment.

This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admittedtopracticeinWashingtonStateontheClaimant'sbehalf,orbyacourt-approved guardian orguardian ad litem on behalfof the Claimant.

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

12/27/23 Seattle, WA, King County

Melanie Nguyen 51724

January 2017

Addendum: Claim Form Estate of David Babcock

Incident:

On February 16, 2022, three law enforcement agencies became involved in a police pursuit that resulted in the shooting death of David Babcock.

Earlier that night, the Mount Vernon Police Department advised on the police scanner that they had attempted to pull a white Nissan Pathfinder over for having an incorrect license plate on the vehicle. When MVPD Officer Ely attempted to stop the vehicle at Interstate 5 (I-5) and College way (in Skagit County), it drove away, as though it had not seen the officer. The interaction was described as a traffic stop.

Deputy Vincent (Skagit County Sheriff’s Office) was southbound on Goldenrod Road proceeding toward George Hopper when he saw what he believed to be the Nissan Pathfinder proceeding northbound on I-5. Deputy Vincent began following the vehicle. He then overheard Deputy Moses (Skagit County Sheriff’s Office) advise that he was behind the vehicle, now proceeding eastbound on State Route 20. According to police reports, the police vehicles did not have lights or sirens activated.

Believing that the Pathfinder would end up on State Route 9, Deputy Kahns (Skagit County Sheriff’s Office) drove towards the intersection of State Route 9 and East Moore Street, to attempt to cut the vehicle off. Upon advisement from Deputy Vincent, Deputy Kahns continued driving on East Moore Street to reach State Route 20 and North Fruitdale Road. He arrived at the intersection and waited to see the other pursuing officers. Deputy Vincent continued to follow the vehicle.

Sedro-Woolley Police Department Sergeant Eaton and Officer Rosser joined the pursuit, parking their vehicles at the intersection of McGarigle Road and Fruitdale Road. They deployed spike strips. It is unclear from the records the reasons for the continued pursuit of Mr. Babcock or use of spike strips for a “traffic stop.” They were unable to identify the driver as David Babcock before the shooting.

The intersection of McGarigle and Fruitdale is a residential area. When Mr. Babcock reached the intersection, he drove to the right side of the roadway, around the spike strips. Officer Rosser then stepped toward the vehicle and fired his service weapon multiple times through the vehicle’s front window at Mr. Babcock, striking him in the neck, and causing him to veer into the driver’s side of Sergeant Eaton’s patrol vehicle first and then into a pole. Mr. Babcock’s vehicle then rolled backward and came to a stop in the roadway. When officers approached the vehicle, they determined Mr. Babcock had an “injury to his neck,” i.e. a bullet wound to his neck. Mr. Babcock was slumped over to the right, and not moving. Deputy Vincent confirmed Mr. Babcock had no weapons on his person. Officers on scene recognized him, and his identity was confirmed by his driver’s license. Mr. Babcock was unable to get out of the vehicle, so officers pulled him out by his feet. According to police reports, he was responsive at the scene, apparently able to open his eyes briefly. He was transported for emergency medical aid. He did not survive. At the time of his death, Mr. Babcock was 41 years old.

Legal Allegations:

The Estate of David Babcock and Mr. Babcock’s beneficiaries –Alyshia Losey, Audrey Williams, Elizabeth Babcock, and Regina Babcock are making negligence claims against Officer Rosser, the City of Mount Vernon, the City of Sedro-Woolley and Skagit County. The Cities and County failed to enforce and implement applicable Police Department policies. Multiple officers from these entities failed to follow proper pursuit, de-escalation, and use of force policies and procedures. All acts of negligence are a proximate cause of the shooting and David Babcock’s death.

Damages will be sought by the Estate under RCW 4.20.010, 4.20.020, RCW 4.20.046, and RCW 4.20.060.

Witness/Persons Involved:

David Babcock (deceased)

Officer Maxwell Rosser (Sedro-Woolley Police Department)

Sergeant Paul Eaton (Sedro-Woolley Police Department)

Officer Brady Moore (Sedro-Woolley Police Department)

Officer Deion Whitt (Sedro-Woolley Police Department)

Deputy Shawn Vincent (Skagit County Sheriff’s Office)

Deputy Mitchell Kahns (Skagit County Sheriff’s Office)

Deputy Jason Moses (Skagit County Sheriff’s Office)

Officer J. Ely (Mount Vernon Police Department)

Many other witnesses in the nearby area:

Witnesses identified in police records:

John Olsen (resident)

Darren McBee (resident)

Elissa McBee (resident)

Robert Wong (resident)

Kelsey Stannert (resident)

Adelina Martinez (resident)

Vanessa Martinez (resident)

Jessica Ryburn (resident)

Jeff Ryburn (resident)

Susan William (resident)

James Blanton (resident)

Other witnesses to claimant’s injuries and damages:

Lieutenant Mike Moore (Washington State Patrol)

Captain Mike Bailey (Oak Harbor Police Department)

Officer Jonah Sataraka (Burlington Police Department)

Officer Brandon Kuschnereit (Burlington Police Department)

Sergeant Brooks (Burlington Police Department)

Sergeant Landry (Bellingham Police Department)

Officer Lyons (Bellingham Police Department)

Chief Tobin Meyer (Skagit County Sheriff’s Office)

Chief Lynn Tucker (Sedro-Woolley Police Department)

Sergeant Ben Hagglund (Skagit County Sheriff’s Office)

Lieutenant Jeff Willard (Skagit County Sheriff’s Office)

Sergeant Beau Montgomery (Skagit County Sheriff’s Office)

Deputy Sande Keyes (Skagit County Sheriff’s Office)

Deputy Murdock (Skagit County Sheriff’s Office)

Deputy Kyle Wiggins (Skagit County Sheriff’s Office)

Deputy Shaun Dalton (Skagit County Sheriff’s Office)

Deputy Darian Willis (Skagit County Sheriff’s Office)

Sergeant Jenny Sheehan-Lee (Skagit County Sheriff’s Office)

Detective Sergeant Mike Marken (Washington State Patrol)

Deputy Mueller (Skagit County Sheriff’s Office)

Deputy Steve Gonzales (Skagit County Sheriff’s Office)

Detective Sergeant Jeremy Kramer (Burlington Police Department)

Detective Corporal R.W. Leetz (Anacortes Police Department)

Detective Wayne Jones (Mount Vernon Police Department)

Detective James Schwahn (Burlington Police Department)

Detective Dustin Richardson (Mount Vernon Police Department)

Detective Bill Howard (Mount Vernon Police Department)

Detective Seargent Mike Don (Mount Vernon Police Department)

Lieutenant Mikel Moore (Mount Vernon Police Department)

Detective Josh Lancaster (Washington State Patrol)

Detective Tim Yzaguirre (Washington State Patrol)

Detective Kevin Nelson (Washington State Patrol)

Detective Jason McDonald (Burlington Police Department)

Detective Zach Carrol (Sedro-Woolley Police Department)

Detective Liz Paul (Mount Vernon Police Department)

Detective Austin McCombs (Sedro-Woolley Police Department)

Detective Bogle (Whatcom County Sheriff’s Office)

Officer Butcher (Upper Skagit Tribal Police Department)

Trooper K. Harding (Washington State Patrol)

Fire Chief Frank Wagner (Sedro-Woolley Fire Department)

Captain Ariel Wesson (Sedro-Woolley Fire Department)

Jermaine Anderson (Sedro-Woolley Fire Department)

Cory B. Colwell (Sedro-Woolley Fire Department)

Anna M. Fallon (Sedro-Woolley Fire Department)

Christina Goodin (Sedro-Woolley Fire Department)

Brandon Paulson (Sedro-Woolley Fire Department)

Dillon Russell (Sedro-Woolley Fire Department)

Brad Scharnickel (Sedro-Woolley Fire Department)

Dr. Naviaux (St. Joseph Hospital)

Whatcom County Medical Examiner

Investigating officers from the SMART team, and

Others to be determined

Claimed Damages:

The purpose underlying the statement of the amount of damages is to provide the government with notice of the type of relief sought. The statute is intended to give the government time to investigate, negotiate, and attempt to settle claims. As a prelude to litigation, the claim filing requirement of a damages statement is not intended to ask the impossible, and the requirement is not equivalent to a final request for relief. In this case, the exact amount of damages is uncertain at the time the notice is prepared. Because the number the claimant is able to provide will likely change as the case progresses, an accurate and complete description of the damages – instead of a number – will adequately supply the information and notice required by the claim filing statute. The government has an entire department of attorneys who are experienced in the handling of tort cases. They have had many opportunities to assess, settle, and try such cases. Based upon the initial disclosure of information, the government can calculate an approximate base amount of the claim if it so chooses. Even though the government cannot know with certainty the total amount of damages claimant will ultimately request, there is no reason for this uncertainty to impede its settlement plans. If, after evaluating the merits of this claim, the government decides to pursue settlement, the lack of a non-binding dollar figure will not dissuade the government from initiating such settlement talks. At this time, the Estate of David Babcock is seeking damages for civil rights violation, wrongful death, pain and suffering, fear of impending death, burial and funeral expenses, loss of earning potential, and the loss of love, affection, care, service, companionship, society, training and consortium he would have provided to his wife and children.