The 34-year-old man shot and killed by a Spokane police officer last weekend at the north Spokane Walmart was in possession of a stolen gun and had methamphetamine in his system, according to court documents.
Officer Karl Richardson, who has been with Spokane police since 2019, shot Kerry Jones-Hilburg in the chest Sunday morning at the store, 9212 N. Colton St., according to search warrant documents filed Friday in Spokane County Superior Court and Spokane police.
The documents say two Spokane police officers saw Jones-Hilburg using a magnetic key to remove security lock devices from protected items at the store.
The two officers contacted Jones-Hilburg inside the store after he failed to pay for the items, court records say. Body camera footage from one of the officers showed Jones-Hilburg fought with the officers, who then used stun guns several times. Jones-Hilburg continued to resist and fled.
The struggle continued from the north doors of the Walmart to the south doors about 100 yards away, according to documents. The body cam appeared to show Jones-Hilburg was at least slowed by a stun gun and then knocked to the floor by one of the officers before he left the store.
Still, the struggle continued. After a few seconds, one of the officers yelled, “He’s got a gun,” and the suspect yelled back, “No, I don’t.”
Jones-Hilburg, who was on his hands and knees, then raised his hand toward his chest, documents say. The body cam footage at that point showed the outline of a firearm that appeared to be in a shoulder holster along with additional magazines. The gun was hanging down toward the front of the suspect in the area where he raised his hand.
Richardson fired one shot at Jones-Hilburg, investigators said in documents. He continued to be uncooperative as officers pleaded with him to comply so he could receive medical treatment.
Jones-Hilburg was able to be detained and treated after he started to lose consciousness, documents say. Several store items taken by the suspect were collected from the suspect’s clothing and immediate area.
Walmart surveillance footage showed Jones-Hilburg removing security devices and concealing items inside his jacket pocket, court records show. The footage also showed what appeared to be a firearm partially concealed on the right side of the suspect. The gun was stowed in a manner consistent with a shoulder holster, with the butt of the firearm visible in the footage. The gun was stolen from Airway Heights in a vehicle prowl in 2021, according to documents.
A urine sample taken from Jones-Hilburg during an autopsy revealed a “presumptive positive result” for amphetamines and methamphetamines.
Tylor Forester, 33, was charged with assaulting one of the officers, Dylan Pavlischak, inside the store as the two officers were trying to arrest Jones-Hilburg.
A detective said in a probable cause affidavit that Forester approached Pavlischak from behind and used his left arm to bump into the officer, causing Pavlischak to change direction and turn toward Forester. The bump hindered Pavlischak from trying to arrest Jones-Hilburg, documents allege.
A witness who watched cellphone video of the scuffle online identified Forester and told police she has seen Forester and Jones-Hilburg associating with each other.
Forester was booked into the Spokane County Jail Wednesday on third-degree assault of an officer and obstructing an officer charges. Forester made his first appearance Thursday in Spokane County Superior Court and is scheduled for an arraignment Dec. 19. Forester remained in jail on a $5,000 bond Friday.
The Spokane Independent Investigative Response Team is investigating the shooting.