Accused killer of
police officer is chargedThe death penalty could be sought in the
killing of a former isle resident in Washington
SEATTLE >> A man accused of fatally shooting a Federal Way police officer during a scuffle was charged yesterday with aggravated first-degree murder, a crime that can carry the death penalty.
King County Prosecutor Norm Maleng said Jason Scott Roberts grabbed the gun of officer Patrick Maher and shot him with it Saturday. Maher, a former Honolulu police officer, had just broken up a fight between Roberts and his brother at a Federal Way convenience store, Maleng said.
Maher, 46, died hours later at Harborview Medical Center of a single gunshot wound to the abdomen.
"In the world of a police officer, even a fight between brothers can bring lethal danger," Maleng said as he announced the charges.
Roberts, who is described in court papers as a cocaine user with a history of angry outbursts, was held without bail in the King County Jail. He is scheduled to be arraigned Wednesday.
To convict a person of aggravated murder, a jury must find premeditation as well as an aggravating factor, which would be the killing of a police officer in this case.
"The evidence shows the defendant had the gun long enough to contemplate its use," Maleng said.
Prosecutors will have 30 days from the arraignment to decide whether to seek the death penalty if Roberts is convicted. The only alternative penalty is life in prison without release.
Roberts, of Des Moines, also was charged with two counts of second-degree assault. Police said Roberts pointed the officer's .45-caliber Glock handgun at his brother and the woman.
A memorial service for Maher has been scheduled for today at the Christian Faith Center in SeaTac. The 46-year-old officer, who previously worked seven years for the Honolulu Police Department, had also served in the U.S. Coast Guard. He was a married father of three.
Police have said Roberts admitted drinking beer the day before the shooting, in violation of a court order, and smoking crack cocaine a day earlier.
On Saturday morning, Maher was approached by a woman who asked for help in breaking up a fight between Roberts and his brother, who is her boyfriend, Maleng said. Roberts' family had accused him of stealing from them to support his drug habit.
Maher separated the two brothers, Maleng said, and told Roberts to stay put. As Maher called on his radio for assistance, Roberts ran across the street, and the brother chased him with the woman and the officer following right behind, Maleng said.
As the brothers were again fighting, Maleng said, the officer bent down to try to put handcuffs on Roberts, but the man "used that opportunity" to grab Maher's service weapon and pull it from its safety holder. He apparently pulled hard enough to unsnap the holster strap, Maleng said.
He then pointed the gun at the woman and at his brother's head, Maleng said. When Maher tried to disarm Roberts, the man shot him "from very close range, striking him just below his body armor," Maleng said.
Roberts' criminal record includes misdemeanor assault, malicious mischief and shooting an air gun at someone.
His father obtained a restraining order in March, saying his son had choked him and kicked him in the face. Roberts pleaded guilty to assault, and a judge ordered him last month to take anger management classes and avoid alcohol and other drugs.
Roberts' mother and father have said they are devastated. Roberts' father, Ron, has said he wishes his son had killed himself instead.
