Everett cop testifies in officer's murder case

EVERETT — In emphatic and emotional testimony before a packed courtroom, an Everett police officer told jurors Thursday that he stood in disbelief when fellow Officer Troy Meade fatally shot a belligerent, drunken driver in the parking lot of a restaurant.

"Well, I was kind of at a loss. I was wondering what I missed to bring it to that extreme level of force," Officer Steven Klocker testified in Meade's trial on charges of second-degree murder and first-degree manslaughter.

Klocker paused and choked on his words as he recalled what Meade said just before firing the shots last June that killed Niles Meservey, 51, who had repeatedly refused to get out of his car before driving into a chain-link fence outside the Chuckwagon Inn in South Everett.

"Enough is enough. Time to end this," Klocker quoted Meade as saying.

Klocker, who spent 24 years in the Navy specializing as a military-police officer before joining the Everett department in 2000, withstood a withering cross-examination from defense attorney David Allen, who in a loud voice suggested that Klocker had not done enough to help Meade and retreated from the encounter.

"I would not call it a retreat, sir," Klocker said in defense of his decision to try to reposition Meade's patrol car to block Meservey from backing out of a parking space.

When Allen asked if he sought to avoid danger, Klocker answered with indignation: "Incorrect."

Meade, 41, maintains the shooting was justifiable because he believed he might be hit by Meservey's car during the June 10 incident. He says he fired eight gunshots into the back of Meservey's Corvette out of fear he would be seriously injured or killed.

The prosecution's case rests largely on Klocker, who testified that he never believed that he, Meade or nearby citizens were ever in imminent danger of death or serious injury throughout the incident.

Wearing a dark blue suit and red tie, Klocker appeared nervous as he took the stand, but then delivered a detailed account to jurors who listened intently.

Under questioning by prosecutor John Adcock, Klocker told jurors that Meade initially believed he had control of the situation and waved him off the call, which began with a 911 report that a highly intoxicated Meservey was about to drive out of the Chuckwagon's parking lot.

But then Meade radioed a request to return, Klocker testified.

Klocker said he walked to the passenger side of Meservey's car, opposite Meade, who was on the driver's side.

Klocker said he used his flashlight to look inside the car and didn't see any weapons.

Meade told Meservey multiple times to get out of the car, but Meservey refused, acting belligerently and "ornery" as both men exchanged profanities, Klocker said.

Klocker said he was concerned that Meade was using profanities in front of the civilians because it "takes away from our professionalism."

At that point, the situation began to escalate "up a notch," Klocker told the jury.

Klocker said he prepared to use his Taser on Meservey, but Meade fired his Taser first.

Meservey "stiffened up like a board" until the Taser's effects wore off, but then was able to start the car, Klocker said.

By that time, Klocker testified, he had gone to the driver's side in case he needed to help remove Meservey from the car.

Klocker said he told Meade he was going to reposition Meade's patrol car, which prosecutors say was parked 15 feet behind the Corvette in a perpendicular position.

His goal, Klocker said, was to use the car to further block Meservey's car, although Meservey already was essentially boxed in by cars on each side and the fence in front of him.

Meade, who fired before Klocker could move the patrol car, contends the backup lights on Meservey's car came on after it hit the fence and he feared Meservey was going to back up suddenly and hit him.

Klocker said he also recalled seeing the lights, but he wasn't sure.

Meservey's car was rocking and the engine was revving, but it had gone over a curb and penetrated the fence, Klocker said.

Under further cross-examination Friday morning, Klocker was asked whether Meade could have been hit if Meservey had backed up his car.

"Yes, sir, he was in an exposed position," Klocker told Allen.

But Klocker reiterated that he did not believe he and Meade were in danger.

Klocker said Thursday he believed he and Meade still had nonlethal options available to him, including reusing the Taser, pepper spray, applying a baton or stepping back and reassessing the situation.

Klocker told jurors he didn't recall Meade's "enough is enough" statement until sometime in the next three days, while on a trip to California.

Asked by the prosecutor if, at that point, he had time to reflect, Klocker replied: "Call it more like nightmares. I relive it till this day. It wasn't a pleasant experience."

Meade denies he made any statements after the Corvette hit the fence, according to court papers filed by the defense last month.

Information from Seattle Times archives is included in this story.

Steve Miletich: 206-464-3302 begin_of_the_skype_highlighting              206-464-3302      end_of_the_skype_highlighting or smiletich@seattletimes.com

Information in this article, originally published April 15, 2010, was corrected April 19, 2010. A previous version of this story incorrectly stated the location of The Chuckwagon Inn.