Case number: OII-2023-0008
Olympia, Wash. (July 21, 2025) – The Washington State Office of Independent Investigations (OII) has informed the Pierce County Prosecutor’s Office that a determination has been made by a neutral reviewer to open a new investigation into the death of Leonard Thomas, who was shot and killed by law enforcement officers in 2013.
Leonard Thomas’ mother, Annalesa Thomas, had requested OII open a new investigation into their son’s death through OII’s Prior Investigation Review Program. Leonard Thomas’ father, Fred Thomas, is a co-chair of the OII Advisory Board, which provides input on agency policies and certain hiring decisions, including for the agency director.
To avoid any concern about a conflict of interest, OII Director Roger Rogoff directed that a neutral third party review the matter and render a decision about whether to open a new investigation.
“Avoiding conflicts of interest, or even the appearance of a conflict of interest, is critical to ensuring that all parties can trust our work to be fair and unbiased,” Director Rogoff said. “Under the circumstances, OII had a conflict of interest that prevented it from making a decision free from actual or apparent bias, and therefore referring this matter to a neutral third party was the right choice.”
Review of Thomas Case
Leonard Thomas was shot and killed by members of the Lakewood Police Department in Fife, Wash. on May 23, 2013, during a SWAT response. The ensuing investigation into his death was conducted by the Cooperative Cities Metro Crime Response Unit (CRU), which included investigators from Lakewood, Fife, Bonney Lake, Puyallup, DuPont, and Steilacoom police departments, as well as investigators from the Pierce County Prosecutor’s Office.
There were no criminal charges filed against any law enforcement officers. Later, the family of Leonard Thomas filed a civil lawsuit in federal court with the jury finding the cities and individual officers liable for wrongful death.
Through its Prior Investigation Review program, OII has authority to review use of deadly force cases that were previously investigated if there is an assertion of new evidence that was not included in the original investigation. It was through this program that the Thomas family sought a new investigation.
One role of the OII Advisory Board on which Fred Thomas sits was to approve the hiring of the Director in 2021. For this and other careful considerations, Director Rogoff believed a reasonable person could have reason to doubt the ability of OII to remain unbiased in its review of this matter.
To avoid any conflict of interest, OII contracted with JAMS, formerly known as Judicial Arbitration and Mediation Services, a national organization that provides mediation, arbitration, dispute resolution, and neutral fact investigation services by way of independent contractors who are primarily retired judges.
After reviewing the materials related to the case, the JAMS reviewer, a retired King County Superior Court judge, determined there should be a new investigation into this incident based, in part, on evidence developed during the civil trial. The report detailing that decision, and all of the records OII obtained, have been provided to the Pierce County Prosecutor’s Office.
The matter now rests with the prosecutor’s office, who will require time to review the material and determine what, if any, additional investigative steps are required to make an informed decision about whether criminal charges are appropriate.
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The Washington State Legislature created OII in 2021 to conduct independent and unbiased investigations of deadly use of force by law enforcement. It works with an 11-member advisory board that reviews and provides input on agency policies. To view this on the web, visit oii.wa.gov/news-and-updates.
For media inquiries, contact Hector Castro, Director of Communications and Community Relations, at hector.castro@oii.wa.gov or 360-870-8115.