http://seattletimes.nwsource.com/html/localnews/2003294508_westlake08m.html

Sunday, October 8, 2006 - 12:00 AM
Assault victim fatally shoots assailant outside Westlake Center

By Jonathan Martin
Seattle Times staff reporter

A bizarre case of what appeared to be justifiable homicide rattled the
heart of Seattle's swanky downtown shopping district late Saturday
morning.

Seattle police are still piecing together what happened, but this much is
known: A young man was killed on the crowded sidewalk outside Westlake
Center, and the confessed shooter was allowed to walk out of a police
station.

The case, according to police and witnesses, began at 11 a.m. Saturday
with a 911 call.

Witnesses reported a man in a yellow shirt acting erratically, insulting
and threatening passing pedestrians at Pike Street and Boren Avenue near
the Washington State Convention and Trade Center, said Seattle police
spokeswoman Deb Brown.

A half-hour later, a man matching the same description was reported near
Westlake Center. At the same time, a second man, described by witnesses as
balding and wearing a leather jacket, was walking through the nearby plaza
after finishing his lunch.

Neither man's identity was released by police on Saturday.

The man in the yellow shirt apparently focused in on the second man,
saying, "I am going to kill you," Brown said. He then began punching and
kicking the second man until the man fell to the sidewalk.

"He was down there, minding his own business. There is nothing to think he
was anything but a random target," Brown said.

The victim happened to have a concealed-weapons permit, Brown said, and he
was carrying a handgun. He pulled out the gun and fired once, hitting his
attacker in the abdomen.

"It looked to me like he shot him in self-defense," said Linda Vu, who was
across the street from the shooting, handing out fliers for political
activist Lyndon LaRouche. "It's kind of crazy."

The man in the yellow shirt died after being taken to Harborview Medical
Center. The King County Medical Examiner was trying to determine his
identity, a task complicated by the fact that the man carried no
identification.

Several nearby Seattle police officers heard the gunshot. When they
arrived at the shooting scene, the victim, sitting on a streetside planter
full of purple pansies, handed the gun to them and said, "I am the one who
did this," according to Assistant Police Chief Jim Pugel.

The man was arrested, but after questioning him and other witnesses,
detectives determined they did not have probable cause to book him into
the King County Jail. The man was released. Police said they were
withholding his name as a crime victim - of the assault.

It will be up to the county prosecutor to determine whether the man will
face charges. But Pugel said, "It could be considered justifiable
homicide."

The shooting stunned Jim and Edith Welsh, tourists from Australia who'd
just left the Nordstrom store across the street when police arrived.
Peering across the police tape draped across Pine Street, Welsh hugged his
wife. "I think we're going back to our hotel right now," he said.

Jonathan Martin: 206-464-2605 or jmartin@seattletimes.com