Cop who shot and killed Matt Folden will not be charged

After months of investigation, the Chelan County Prosecutor Doug Shae has concluded there is not sufficient evidence Wenatchee Police Officer Albert Gonzalez acted wrongly in the shooting death of Matt Folden on July 27, 2017. 

After the incident, the North Central Washington Special Investigation Unit was called upon to investigate the shooting. The unit is comprised of members from the Chelan County Sheriff’s Office, Douglas County Sheriff’s Office, Wenatchee Police Department, East Wenatchee Police Department and Washington State Patrol. 

Wenatchee Police Officers had minor involvement since their officer was involved in the shooting. 

That investigation included interviews with all identified witnesses, review of all known video and a collection of physical evidence. 

That investigation material was passed on to Shae to decide if there was any wrongdoing on the part of the Wenatchee Police Officers, particularly Gonzalez. The report generated by Shae redacted all of the names of the witnesses. 

On July 27 at 10:05 p.m., Gozalez responded to a 911 call of a person yelling, screaming and walking around with a knife in the Albertson’s parking lot in Wenatchee. Gonzalez was on the scene three minutes after the call. 

It was reported, Gonzalez parked his car and gave commands to Folden to get on the ground. At that point, Folden was shot by Gonzalez. According to the investigation, there was party that took place involving tattoo artists at a location near Albertson’s on Miller Street. 

Folden and his girlfriend were identified as being at the party. Folden and his girlfriend could be heard outside just by Albertson’s yelling at each other. A person heard Folden screaming at the top of his lungs, hanging on the chain link fence near Albertson’s. 

Folden allegedly came at this person, his left hand free but his right hand clutching something in his shirt. This person was alarmed by the way Folden was acting, reaching for his own firearm. 

The girlfriend told investigators Folden was upset and drinking alcohol. She indicated he left his wallet but took two knives. A person making a delivery of items to Starbucks said they saw Folden screaming and yelling and walking around with a knife. He believed Folden was “on drugs or something.”

A couple coming out of Albertson’s reported said they saw Folden being upset and possibly intoxicated. They did not see a knife, but saw him clutching something to his chest. When Gonzalez got out of his car, he commanded Folden to put his hands up or something similar. 

They said Folden confronted the officer, yelling something. They heard three shots and saw Folden fall to the ground. 

A 16-year old was leaving Applebees but had a clear view of the parking lot. She said Folden seemed drunk, being really loud, yelling and cussing. When Folden walked down to Albertson’s, the officer came “super quick.”

She saw Folden come around from the back of the officer’s car, maybe taking the officer by surprise. She heard three shots. She felt Folden “jumped or lunged” at the officer. 

Another person was leaving Target and had a good view of the scene. She said the officer had not even made it to the front doors of the store before Folden sprinted at the officer. She said Folden had opportunities to run in different directions but ran toward the officer. 

They were so close, this person thought they were going to fight. A contract employee inside the Alberton’s store said he heard a male voice saying don’t move, don’t move and then heard three gun shots. He heard one officer say to secure the knife, though he did not see the knife. 

Officer Gonzalez said he was responding to a 911 call reporting a man wearing camouflage shorts yelling and screaming and carrying a knife. Gonzalez said he drove the front of the store seeing people rapidly walking away from the entrance. 

He said he could see a man clutching a knife in his right hand. Gonzalez said he got out of the car with is pistol drawn. The report said the audio and video clearly establishes the officer yelled three times to get on the ground. 

Gonzalez said Folden did not comply, lowering his knife to chest level, angling toward the officer. Then, he fired his pistol. Gonzalez then ordered Folden to drop the knife and show his hands. 

The autopsy report by Dr. Gina Fino, a forensic pathologist, showed Folden died of three gunshot wounds to his torso. She also indicated there was alcohol and methamphetamine in his system. 

Shae notes in his report, he felt the police officer could not be held criminally liable for using deadly force because he acted without malice and in good faith. To prove criminal liability, the prosecutor must prove beyond a reasonable doubt the officer acted without malice and without a good faith belief deadly force was justified. 

He believes Officer Gonzalez was not negligent nor reckless in his dealings with Folden. 

“This is a tragic loss of life. Condolences do go out to Mr. Folden’s family and friends. Police officers are trained to take a necessary amount of force to stop a threat. We will never know for sure what was going on with Mr. Folden that evening,” Shae said in his report. “Why Mr. Folden took the fight to the officer on that particular evening, no one will even know for sure, but the consequences were tragic.”

If Folden would have entered Albertson’s without the officer reacting or if the officer had waited for others, the officer would have been derelict in his duties and could have put the community and people at Albertson’s at risk, She wrote. 

“Officer Gonzalez, upon exiting his patrol vehicle, clearly gave three verbal warnings to Mr. Folden, which can be heard on the officer’s in-car video, to get down on the ground, “ Shae said in his report. “Mr. Folden did not comply with the officer’s commands and took the fight to Officer Gonzalez, which required the officer to respond. It was a very quick decision based on the actions of Mr. Folden on that evening.”

Although condolences go out to the family and friends of Mathew Folden, his actions and failure to follow the officer’s order created the end result, Shae wrote. 

“Based upon the foregoing information detailing this matter, there is no basis for criminal charges to be filed against Officer Albert Gonzalez in this case,” Shae stated in his report. 

Ian Dunn can be reached at 548-5286 or editor@leavenworthecho.com.