AFFIDAVIT OF JOHN HAJASH
STATE OF WEST VIRGINIA
COUNTY OF MERCER, TO WIT:
AFFIDAVIT OF JOHN HAJASH
STATE OF WEST VIRGINIA
COUNTY OF MERCER, TO WIT:

The undersigned, being first duly sworn, deposes and says

that he was a Deputy Sheriff with the Raleigh County Sheriff's Department for approximately four (4) years from November, 2003 through October, 2007;

that he attended the West Virginia Police Academy from May, 2004, through August, 2004, where he received instruction, education and training on the proper use of force to be applied by a police officer;

that while he was on duty on July 4, 2006, he received a radio message from the dispatcher / 911 operator, during the late evening hours, reporting that shots had been fired at or near a residence located on Primrose Lane, near Beckley, Raleigh County, West Virginia;

that when he received the radio message, he was conversing with Deputy Kade and Deputy Kade agreed to accompany the undersigned to investigate the 911 call reporting shots fired;

that, based on the information and directions from the dispatcher, the undersigned parked the police cruiser approximately two to three blocks away from Primrose Lane;

that he and Deputy Kade then proceeded toward the residence on Primrose Lane on foot;

that he and Deputy Kade made the tactical decision to investigate via foot instead of driving the police cruiser to the residence which would be obviously noticed by the suspect that had been firing the weapon, and the police cruiser could possibly become a target;

that as he and Deputy Kade approached the suspect's residence, the undersigned could see, from his view on the opposite side of the truck,

that the suspect was walking behind a pick-up truck, and from the truck to the garage;

that he and Deputy Kade continued to approach the suspect and heard music playing very loudly, which they believed was coming from the stereo of the aforementioned truck;

that when he and Deputy Kade were approximately twenty to thirty feet from the truck, the music stopped;

that Deputy Kade approached the rear of the pick-up truck and the undersigned was following behind Deputy Kade at a distance of a few feet;

that when Deputy Kade was approximately behind the driver's side of the pick-up truck he announced either, "Sheriff's Department" or, "Police" and "let me see your hands";

that when Deputy Kade made the announcement, the suspect was leaning inside the truck;

that when the suspect heard the announcement, he turned around and was holding an object near his waist;

that immediately thereafter the suspect then raised a rifle to his shoulder and pointed it at Deputy Kade;

that he and Deputy Kade were able to see the suspect and his weapon because there was a street light on the garage located approximately ten to twenty feet in front of the truck where the suspect was standing; that Deputy Kade, acting in self-defense, fired his weapon at the suspect;

that the suspect stumbled while waving the rifle and that the undersigned immediately fired his weapon at the suspect;
that the suspect then went to the ground and was rolling around, making quick movements, as if the suspect was going to fire his weapon;
that he could not see the suspect's hands, so he fired another shot at the suspect and the suspect's hands became visible;

that after the suspect fell to the ground, he and Deputy Kade saw the distinctive AK47 rifle that the suspect had dropped,

that there were several spent rifle casings lying around the driveway which appeared to be casings from the bullets fired from the AK47 rifle which the suspect had brandished;

that when he determined that the suspect was holding a rifle, he believed that the situation presented was extremely dangerous and severe;

that he feared for the safety of himself and Deputy Kade when the suspect raised the rifle;

and that he acted in self-defense in firing at the suspect.

Given under my hand this 22nd day of May, 2009
John E Hajash III