Prosecutor clears officers in September shooting

The two officers were originally put on paid administrative leave after the shooting but have returned to duty.

“It’s very traumatic for everyone involved, not only for the suspect’s family and the officers involved, but the entire department,” Longview police chief Jim Duscha said Thursday.

He said 21-year veteran officer Tim Deisher and trainee Levi Weatherl are “both doing very well. They’re both on the road, working.”

According to the Clark County investigation, at 10:30 p.m. the two officers responded to a domestic violence assault call at 2250 32nd Ave. The assault suspect, Henry S. Rakoz Jr., 48, allegedly had thrown a jug of milk at the victim and left the house with a shotgun wrapped in a red blanket, according to 911 logs.

Deisher and Weatherl coordinated with other officers to search for Rakoz, the memo said. Deisher found Rakoz on the ground in a yard on Olympia Way near Fred Meyer. He shouted at Rakoz to show him his hands.

According to Jurvakainen’s memo, Deisher saw what appeared to be a rifle in Rakoz’s hands as he tried to stand up. Deisher yelled at him to drop it. But Rakoz pointed the weapon at Deisher, who immediately opened fire and took cover behind a nearby fence, according to the memo.

Rakoz then ran towards the patrol vehicle and Weatherl, according to the memo. Weatherl began firing at Rakoz, who stumbled and fell to the ground. Both officers ceased firing at that point, the memo said.

Within one minute, other officers arrived and administered aid to Rakoz, who died later that night. The investigation found that Rakoz was struck by six bullets.

The memo also said the weapon Rakoz possessed was a pump-action pellet gun. Given that the pump-action pellet gun resembled an actual firearm, it was reasonable for Deisher to conclude it was a weapon, Jurvakainen found. The prosecutor also said Deisher acted lawfully in firing his weapon when Rakoz refused to drop his firearm and rushed towards him.

Rakoz had a prior run-in with police in August, several weeks before the shooting. Police investigated reports that Rakoz had hit his neighbor in the back of the head with a piece of wood and threatened to kill him with an ax. Charges of second-degree assault and threatening to kill were pending at the time he died Sept. 3.

Chief Duscha said officers Deisher and Weatherl declined to be interviewed about the shooting. Rakoz’ family could not be reached for comment Friday.