Man who got $42K for SPD kick is arrested in shooting case
Seattle Times: D’Vontaveous Hoston, who received a $42,000 settlement from the city of Seattle after he was kicked by a police officer, has been arrested on a warrant for allegedly firing a gunshot that almost hit a mother and her infant.
Hoston, 19, was captured by U.S. marshals in the Seattle area, near his last known address, according to Federal Way police. He was questioned by detectives and then booked into jail in Des Moines, police said.
Hoston was wanted on charges of unlawful possession of a firearm and reckless endangerment stemming from the Oct. 15 shooting at the Crestview West Apartments in Federal Way. According to the charges, the shooting happened in the apartment Hoston’s girlfriend shares with another woman. Hoston’s girlfriend told police that the two women and their boyfriends, including Hoston, had been arguing over rent the day the gunshot was fired.
There were three children 1 years old or younger in the home at the time, charges said. The roommate of Hoston’s girlfriend told Federal Way police a bullet went through her bedroom wall and she saw something fly near her 6-month-old baby’s head, according to charging documents. “She believed that Hoston intentionally tried to shoot her through the wall,” police Detective Matthew Leitgeb wrote in charges.
Hoston’s girlfriend said the gun went off accidentally when Hoston went to retrieve it from a bedroom closet before leaving the apartment, according to charging documents. She told police that he’d been carrying a firearm lately because he’s afraid gang members would rob him after he received his $42,000 settlement, the documents say.
Police briefly spoke with Hoston over the phone and asked him to meet with them to talk about the incident, but Hoston refused and hung up, according to the charges.
Earlier this fall, the city of Seattle agreed to pay $42,000 to settle a civil-rights federal lawsuit filed by Hoston after he was kicked several times by a police officer who arrested him in a Belltown convenience store.
In October 2010, Officer James J. Lee arrested Hoston, then 17, and kicked him because the officer believed Hoston had been involved in the assault of an undercover police officer. The incident was captured on store video and broadcast widely in local media and online. Hoston was acquitted of attempted robbery in the incident involving the undercover officer.
Lee was charged with fourth-degree assault, but the City Attorney’s Office dismissed the charge last year after an expert witness for the prosecution changed his mind about Lee’s criminal culpability. Lee was later cleared of wrongdoing in a Seattle police internal investigation.
In a separate case, Hoston was found guilty in February of unlawful possession of a firearm arising from a July 2011 incident in downtown Seattle. Hoston also has convictions for third-degree malicious mischief, cocaine delivery and resisting arrest, according to prosecutors.
The gun went off “accidentally” after “retrieving” it from a closet? Of all the times in my life I’ve retrieved a gun, I’ve never once had an accidental discharge (AD). From what I understand, the majority of AD occurs when someone places their finger on the trigger and 1) fires having not identified their target or 2) is “trigger happy”. Either Hoston failed to follow the basic principles of firearm safety or he “accidentally” shot the gun, IMO.
I’m counting at least five incidents here where this guy could have/should have been pulled off the streets. What are the odds he’ll blow through this $42,000 and be in jail soon? I’d bet a hundred bucks on that.