Two officers did not use excessive force when they shot Joseph Walling several times in 2011, according to a Federal Way police commander’s review.

In the Feb. 7, 2012 administrative review, patrol Commander Melanie McAllester of the Federal Way Police Department stated officers Kris Durell and Joseph Mehline — the subjects of an active federal lawsuit — used appropriate force in the shooting. The review, which the Mirror obtained through a public records request, was based on information presented in an investigation from the Renton Police Department.

McAllester cites policy section 1.3 of the Federal Way Manual of Standards that each officer is expected to use only the degree of force reasonable under the circumstances perceived by the officer at the time of the event to successfully accomplish the legitimate law enforcement purpose and bring the incident under control.

“Officer Durell had reason to believe that his life was in danger as the suspect charged at him and refused to stop his advance even when officer Durell was on the ground,” she wrote. “Officer Mehline had reason to believe that officer Durell had been shot and his (officer Durell’s) life was in danger. I have determined that both officers used lethal force in defense of officer Durell’s life and therefore are within department policy.”

Force is judged by the severity of crime, whether there’s an immediate threat and on resistance or evasion of arrest.

But Walling is suing the Federal Way Police Department for alleged negligence and the violation of his civil rights guaranteed by the Fourth and 14th amendments of the Constitution, which include the “unreasonable seizure of his person and the use of excessive force.”

The unarmed Federal Way resident was shot in his upper thighs at approximately 2:45 a.m. on Nov. 22, 2011 after he admittedly charged at someone he claims he didn’t know to be an officer.

However, it was officer Durell.

Durell and Mehline had responded to a domestic violence call at his residence, located in the 31700 block of 50th Lane SW in Federal Way.

Walling’s roommates told police in witness reports he was throwing punches and acting very aggressive with one roommate because of a disagreement over a TV show and/or noise. They were all drinking alcohol that evening.

The Renton police investigation states Walling snuck out of his bedroom window as police arrived.

The officers searched the apartment complex in the dark and saw an apartment window open and Walling trying to open the apartment door.

In an interview with the Renton police investigator, Mehline said while they were searching for Walling he didn’t shine his flashlight on Durell “because he didn’t want to back light” him and could only see shadow figures as a result.

Mehline said Durell shouted, “Show me your hands,” before Walling allegedly “came from the left at a fast speed, possibly running right at officer Durell,” the documents continue.

Mehline said Durell yelled “stop, stop, stop” and then he heard gun shots.

“Officer Durell fell back onto his back at least two feet then seemed to roll onto his left side,” the investigation states. “… The suspect walked closer toward officer Durell and toward Durell’s right side, kind of circling him.”

After telling Walling to “get back,” Mehline said the suspect ignored it and continued to walk around Durell.

“He (Mehline) fired four shots at center body mass and believes that officer Durell was firing around the same time,” the investigator wrote.

Mehline told the investigator on the last couple of shots, he believes Walling was turning away from him.

Durell told the investigator he didn’t draw his gun until he saw Walling attempting to open an apartment’s sliding glass door.

He said he tried to back up when Walling started to charge at him but he was too fast so Durell fired “four or five shots.”

After he fell back, he lost his flashlight and felt disoriented and dazed from the fall, he told the investigator.

“Since Walling was still approaching and standing over him, officer Durell fired what he believed were about 10 additional rounds until his gun was empty,” the investigation states.

In a brief phone interview with the Renton investigator, Walling said he thought the people with flashlights were his roommates’ families and “he never would have attacked a police officer if he knew who it was.” He said they never announced they were police.

The investigator interviewed several residents who heard the shooting. Three witnesses said they heard shots, a pause, and then a “barrage” of shots. Two reported six shots, with one stating it was in “succession.” The roommate Walling was in a fight with prior to the shooting said he heard four shots and Walling said he was shot between five or six times and suffered a total of 10 bullet wounds.

The investigator obtained Walling’s pants from the evidence department and found his cell phone with two “through and through” bullet holes in it.

“It appears that the bullets came from the left rear of the pants, through the leg and into the cell phone,” he wrote, adding that he examined the pants and was ultimately unable to determine which gunshot holes were entry or exit.

He found two in the left buttocks, one in the front left thigh, four on the right knee “that appears to be skimming or just one,” two on the right lower buttocks and four “in the seat.”

Walling was not charged with a crime that night.

At the time of the investigation, police still hadn’t determined which bullet holes were entry or exit wounds.

McAllester recommended in her review that officers should wait for a generalist K9 officer to locate and apprehend a suspect. She said the K9 officer and handler were en-route to assist the on-scene officers in locating Walling.

“The K9 is uniquely qualified to apprehend fleeing suspects,” she wrote. “Although a K9 is not always available and in some instances suspect apprehension cannot wait for the arrival of a K9, when available, other officers should establish a perimeter and allow the K9 to locate and apprehend the suspect.”

The city filed a response to Walling’s complaint on Dec. 31, denying the majority of his allegations, which include that officers didn’t identify themselves, that there was negligence and his civil rights violated.

Alternatively, the city alleges Walling failed to state a claim that calls for relief because he assumed the risk of injury.

The city’s response states his claims should be dismissed and barred because of his own conduct, and that Walling was under the influence of alcohol at the time he was shot and his condition was a “proximate cause of injury, and he was more than 50 percent at fault.” These assertions are among a list of 10 other affirmative defenses.

A trial date has not been scheduled.