“Although Mr. Fernandez claims to have acted in self-defense, our laws distinguish a person protecting himself from an attack from a person who provoked the attack in the first place,” a statement from King County Prosecutor Dan Satterberg on the case reads.. “Given the evidence uncovered in the past three days, there is probable cause to believe Mr. Fernandez falls in the latter category.”
CHS reported here on the police report and court document describing Sunday’s shooting that was witnessed by dozens and caught on video. In the initial report of the shooting, police say Fernandez passed through the barrier and yelled at officers, “I just had to shoot somebody, they tried to jack my car.” Police reported. According to the report, Fernandez told police his vehicle stalled and wouldn’t start after the shooting so he “exited the car with his gun in his hand yelling at people to get back away from him.” Fernandez told police he ran through the line and immediately surrendered. “Fernandez said his brother works here at this precinct, and he does not want to do anything to shame him,” the report noted.
In the charging documents, prosecutors and police did not address Fernandez’s statement about his brother. A spokesperson for the city and SPD referred CHS to the prosecutor “for additional detail on the Fernandez investigation” when we asked for more information about the connection.
In the charges, the prosecutor refutes Fernandez’s description of how he ended up in the middle of the protest crowd:
Fernandez, 31, remains held in King County Jail on $150,000 bail. UPDATE: Fernandez was released on bail just before 7 PM Thursday night.
Victim Dan Gregory continues to recover after surgery for his injuries.
“The Seattle Police Department continues to investigate this matter, and the King County Prosecutor’s Office will continuously and independently re-evaluate the case as more information comes in,” the Satterberg statement reads. “We welcome anyone with information or video related to the incident, including the time before the shooting, to contact Seattle police investigators.”
The police investigation has also hinged on videos posted online — including this one posted by CHS that shows the moment prosecutors say Fernandez sped onto 11th Ave:
The charging document filed with the court in the case is below.
BECOME A 'PAY WHAT YOU CAN' CHS SUBSCRIBER TODAY: Support local journalism dedicated to your neighborhood. SUBSCRIBE HERE. Join to become a subscriber at $1/$5/$10 a month to help CHS provide community news with NO PAYWALL. You can also sign up for a one-time annual payment.