Bodycam Shows Clash with Gunman who Shot Washington State Lummi Tribal Police Officer

By Hannah Edelman and Jack Belcher

Source The Bellingham Herald (Bellingham, Wash.)

The 23-year-old man accused of shooting a Lummi Police Department officer was formally charged with attempted first-degree murder.

Jesus Abraham Penuelas-Agramon, who was initially misidentified by authorities at a news conference, was arrested Monday. The officer he shot was struck by seven bullets, which hit him in the left ankle, left thigh, left knee, right leg and abdomen, according to court records obtained by The Bellingham Herald. He was also grazed by a bullet on the back of the head, and a bulletproof vest stopped a shot to his chest.

Body camera audio caught 10 total shots fired.

The officer was taken to St. Joseph’s Medical Center and “immediately” taken into surgery for eight hours. He was placed in a medically induced coma, and had a second surgery the next day. Court records state he is currently in “stable condition.”

What happened?

According to court records, the Lummi Tribal Police officer was following behind a white Ford Ranger shortly before 1 a.m. on Monday when the car crashed into a ditch on the 3200 block of N. Red River Road. The officer got out to check on the driver, later identified as Penuelas-Agramon.

Penuelas-Agramon was crawling out of the passenger side window when the officer approached, court documents state. When the officer made contact with him, Penuelas-Agramon swore and pulled out a black handgun. Detectives allege that Penuelas-Agramon knew that the person he was shooting at was a cop, and said it was a premeditated shooting.

Police found “numerous” 9mm shell casings at the scene and a handgun that was previously reported stolen to Bellingham police.

Penuelas-Agramon fled on foot after shooting the officer. About 20 minutes later, a different Lummi Tribal Police officer pulled over a GMC Sierra pick-up with three occupants. Penuelas-Agramon was in the car, but because police did not have a description of him and he gave a fake name, he was let go.

Penuelas-Agramon was misidentified by authorities on Monday as 26-year-old Javier Pena-Flores, which was the fake name he gave officers and the identity he was “living under locally,” according to court documents.

He was correctly identified by his fingerprints as Penuelas-Agramon hours after his arrest, Whatcom County Sheriff Donnell “Tank” Tanksley said at a news conference Wednesday afternoon. Police said they were also able to identify Penuelas-Agramon due to his involvement in another criminal investigation, in which he was driving the same Ford Ranger, according to court records.

“It’s not uncommon for criminals to give a fake name when arrested,” Tanksley said. “So the first name we were given, that’s the name that we knew him of in Whatcom County. Most criminals today, especially serious criminals like him, are not going to just say ‘hey here’s my true name.’”

When police later interviewed a female passenger of the GMC Sierra pick-up, she said Penuelas-Agramon came to her house at around 1 a.m. and said he had gotten into a car crash. She said he told her that he had to shoot the window to get out, and asked for a ride to his girlfriend’s house.

Penuelas-Agramon was arrested at a friend’s apartment in Ferndale on Monday afternoon. Surveillance was set up outside the apartment, and Penuelas-Agramon was seen coming in and out of the residence. SWAT teams were activated and began loud-hailing the apartment, demanding Penuelas-Agramon come out with his hands up, Tanksley said.

Penuelas-Agramon came out and was arrested without incident. He was taken to St. Joseph Medical Center for injuries related to the vehicle crash, before being taken to Whatcom County Jail, Tanksley said.

He denied driving the Ranger and said he got home at about 9 p.m. the night before and didn’t leave until 11 a.m. the next morning.

Penuelas-Agramon is a convicted felon, according to court records. He was also a fugitive from justice and wanted for a parole violation by the Colorado Department of Corrections. The warrant, issued on March 6, said Penuelas-Agramon has “violent tendencies.”

Tanksley called Penuelas-Agramon’s alleged actions “evil” at the press conference on Wednesday and asked community members to support first responders.

“When something like this happens… it’s an alert to everyone in the community that these things can happen,” Tanksley said. “So I suggest each and every person to support not only your law enforcement officers but all first responders. Because if you think about it, this could have happened to a firefighter. This could have been a call that a firefighter responded to.”

Penuelas-Agramon was charged with attempted first-degree murder, unlawful possession of a firearm and possession of a stolen firearm. He remains in custody at the Whatcom County Jail as of Wednesday afternoon. First court appearance

Penuelas-Agramon appeared in the Whatcom County Jail courtroom before Whatcom County Superior Court Commissioner Kacie Emerick on Wednesday afternoon.

In addition to his shooting and fugitive-related offenses, the state said it intended to charge Penuelas-Agramon with four additional felonies related to money laundering and delivery of fentanyl.

Emerick followed the state’s recommendation to hold Penuelas-Agramon without bail due to the “serious violations of law” alleged in the charging documents. She said he presents a danger to the community and is concerned about his ability to appear in court as directed.

Penuelas-Agramon, visible through a TV screen in the basement of the Whatcom County Courthouse, appeared visibly upset when he learned he would be held without bail.

Emerick’s decision also followed the request of the wife of the injured Lummi Tribal Police officer.

Samantha Fellers, the victim witness coordinator for the Whatcom County Prosecutor’s Office, read a statement from the officer’s wife into a microphone in the courthouse basement to be heard by those both in the room and the jail courtroom.

She wrote that Penuelas-Agramon “didn’t just try to kill a police officer,” but also a husband, son, father and friend. She added that Penuelas-Agramon’s actions following the shooting showed “a blatant disregard for human life and humanity itself.”

She spoke of the “mental anguish” carried by her husband, herself, the community, other officers and especially their young children.

“Our lives will never be the same,” she said.

While officers stated in their probable cause statement that Penuelas-Agramon was convicted for unlawful possession of a firearm and drug trafficking in Colorado, a prosecutor said at his first appearance that the nature of the charges and actual convictions outside of Washington are unclear.

He said that Penuelas-Agramon was convicted for a controlled substance violation and another unspecified charge, and that the state reached out for further information about judgments and sentencing. Colorado is requesting Penuelas-Agramon’s extradition back to its jurisdiction.

A hearing to review Penuelas-Agramon’s fugitive status is scheduled for Aug. 28.

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