The trial of Nikolas Fernandez has again been delayed.
The King County Prosecutor’s office said earlier this month it needed more time to prepare its case against Fernandez in the June 7, 2020 shooting that injured a protester in the middle of a Black Lives Matter demonstrations at 11th and Pine.
The trial is now slated for a late February start.
It has been a long path to justice in the shooting. The case was supposed to come to trial a year ago in February 2022 after delays caused by the by the assignment of a new prosecutor and the “large number of outstanding interviews” required to try the case.
Fernandez is charged with first degree assault for the shooting that wounded protester Dan Gregory and set off panic in the tightly packed crowd outside the East Precinct in the early days of the Capitol Hill Occupied Protest. In 2021, CHS reported on Gregory’s hopes for a Carnegie Medal in recognition of his bravery that day as he tried to disarm Fernandez.
Fernandez, the brother of an East Precinct officer, claimed self-defense according to the police report on the incident.
CHS reported on the shooting witnessed by dozens and caught on video. In the initial report on the incident, police say Fernandez passed through the barrier and yelled at officers, “I just had to shoot somebody, they tried to jack my car.” 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.
NEW: Video provided to CHS shows car in shooting incident speeding onto 11th Ave https://t.co/rt3tIX5Tw7 pic.twitter.com/WdhnEm0qtt
— jseattle (@jseattle) June 9, 2020
The court delays have persisted for more than a year with a series of continuances that have repeatedly pushed the start of the trial out.
The most recent filings cite only staffing and pre-trial work issues behind the latest delay and reveal no hint that any plea deal is in the works.
A spokesperson for the office said prosecutors were unable to comment on the ongoing case “but whatever happens going forward we’ll answer questions about it.”
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One would think this is a rather open and shut case, unless the cops are hiding something.
Due to supply chain issues, the whitewash shipment has been delayed.
I know people don’t want to hear this but I think there’s a good chance he gets off. First degree assault is probably overcharged, the prosecution will have to prove that he was there with intent to inflict great bodily harm and get around the fact that the first act of physical violence was by the guy jumping in his car.
They probably should have charged something with a lower standard like assault 3 where you only have to prove criminal negligence, e.g. driving reckless near pedestrians
No way. There will be a full fledged justified riot if he walks
Thank you for continuing to provide updates on this! Truly calls out the value of local media.
I know this isn’t what people want to hear but there’s either going to be a plea down to Assault 2 or he’s getting acquitted.
Fernandez was motoring on a public street that had not been closed to traffic by the SPD or Seattle DOT. At that point — no crime having thus far been committed — a man unknown to Fernandez reached his hand into the window and roughly grabbed him while yelling. Washington is a stand your ground state; a person has no duty to retreat from a place they’re legally entitled to be and can use force to preserve their right to be there in the face of a threat.
Had the protesters secured a special events permit Fernandez would have had no right to drive his car on the street or to use force to preserve his right to do so.
“Special events permit” this is why leftists don’t take liberals seriously. You want to enforce the dumbest rules prior to protests when he’s whole point of a protest is to disrupt so you understand what cops are doing to society.