He pointed a gun at a Pierce County deputy and was shot. Here’s how the case ended

A 35-year-old man who was shot in the foot by a Pierce County deputy after he pointed a gun at the law enforcement officer has pleaded guilty to a gross misdemeanor and avoided jail time.

David E. Applegreen II pleaded guilty Friday to aiming or discharging firearms, dangerous weapons. Prosecutors had charged him with second-degree assault in the Nov. 5, 2022 incident at a residence southeast of Bonney Lake, but, according to court records, they agreed to amend the charge due to his age and lack of criminal history.

Superior Court Judge pro tempore Elizabeth Martin gave Applegreen a suspended sentence of a year in jail. According to court records, the defendant won’t have to serve any time if he maintains law-abiding behavior for two years and fulfills other requirements. He also agreed to not possess firearms for five years.

The shooting occurred while Sheriff’s Department deputies were responding for the second time to a dispute between Applegreen and two people who were staying in a home he was renovating for the homeowner, according to court records. During the first response, law enforcement determined it was a civil issue and did not make an arrest.

Deputies returned about an hour later at 4:50 a.m. for another 911 call. Stephen Cloninger, who had been a Sheriff’s Department deputy for three years at the time, fired six shots at Applegreen from outside the residence after the man cursed at them to leave and pointed a gun at him.

The shooting was investigated by the Pierce County Force Investigation Team, which conducts inquiries into police uses of deadly force. Prosecutors determined the shooting was justified Oct. 26 last year, according to a copy of a letter sent by Prosecutor Mary Robnett to Sheriff Ed Troyer.

Five of the six shots fired by Cloninger were recovered from the residence, according to the letter, and the sixth struck Applegreen’s boot while he was standing in a bedroom. No bullet casings were found that could have been discharged by any of the firearms accessible to Applegreen.

Inside the residence, investigators found two .40-caliber handguns and a 12-gauge shotgun that were all loaded.

In the second 911 call, a woman who was a tenant at the home Applegreen was renovating reported that Applegreen came out of the house with a paint roller, pointed a gun at her and her boyfriend and tracked them with it as they fled the residence.

Two deputies and a Bonney Lake Police Department officer tried to contact Applegreen at the back door. One knocked and then retreated when he saw Applegreen was holding a gun inside. The deputy yelled that they were from the Sheriff’s Department and told the man to put the gun down and come outside.

Law enforcement repeated the order once more while backing up to an outside corner of the home. While two law enforcement officers staged there, Cloninger went around to another corner of the home.

Body-camera footage released by PCFIT showed Cloninger with his gun drawn at 4:52 a.m. Seconds later, Cloninger moved toward a window and said into his radio that he had eyes on the suspect. The deputy identified himself as law enforcement and ordered Applegreen to put his hands up and drop the gun, then fired into the window and siding of the home.

Investigators said multiple law enforcement agencies responded to a report of shots fired. About 20 minutes later, Applegreen exited the residence and surrendered to deputies. He was taken to a hospital to be treated for the gunshot wound.

In a statement to investigators, Cloninger said when he gave Applegreen the command to drop the gun, the man turned and abruptly punched both of his hands out and upward into a two-handed shooting stance. The deputy reportedly told investigators he had an immediate fear for his life and fired several rounds.

Prosecutors wrote in their letter to Troyer that body-camera footage supported Cloninger’s statement that Applegreen pointed his weapon at him because there was a momentary gap between the deputy’s commands and the firing of the first shot. They concluded the shooting was justified by self-defense.

“At the time he discharged his gun, Mr. Applegreen was pointing a loaded gun at him from a few feet away through a window,” prosecutors wrote. “Under these circumstances, any citizen would have had the right to respond to that imminent threat by firing a gun in self-defense.”