Spokane man’s bail set after police shootout

A man shot by police during an exchange of gunfire outside his northwest Spokane home appeared in court Tuesday and will face charges of first-degree assault.

Craig S. Burton, 25, had been hospitalized after Spokane police Officer Nick Spolski shot him once after Burton reportedly fired multiple times at police while shouting, “Do it,” according to court records. Police had been called to the home, at 5527 N. Ash St., just before 10 p.m. on May 6 by his girlfriend’s mother, who reported that Burton was suicidal and had a gun.

An officer wearing a body camera recorded the sound of 11 shots fired by Burton, according to court documents. The Spokane Police Department has denied requests to release the video because the case is still being investigated.

Burton’s attorney, Jay Ames, said he did not see enough probable cause for three counts of first-degree assault because only one officer was quoted in an affidavit as saying that he believed that Burton was shooting at police.

“That’s got to involve more than just carrying a gun,” Ames said of the charges. “There has to be an intent to use it.”

Other officers were quoted in the affidavit as saying they believed Burton was a threat to officers and to the public. One said he was “in fear for his life.”

“I think it’s safe to say the intent has been shown,” said deputy prosecuting attorney Jared Cordts.

Spokane County Superior Court Judge Greg Sypolt ruled that there was enough probable cause to support all three counts of assault.

Cordts requested that Burton be held on $300,000 bond, which Ames said wasn’t “reasonable.”

“That is not a constitutionally accepted amount,” Ames said.

Ames argued that Burton should be released on his own recognizance based on his lack of criminal history, his ties to the community and his prior service in the U.S. Army as a medic. Burton also plans to seek mental health treatment from Veterans Affairs, Ames said.

“It was obvious that when this happened he was not in his right mind,” Ames said.

Sypolt said that while Burton lacks a criminal record, his actions that night presented “great physical danger” to those present. “Indeed there were numerous shots fired, allegedly, by Mr. Burton,” Sypolt said.

Sypolt set Burton’s bail at $300,000.