Federal Way man shot asks for case to be reopened

FEDERAL WAY, Wash. — A Federal Way man who was shot in January of 2017 is asking authorities to reopen his case.

The shooting was caught on a gas station surveillance camera in Federal Way.

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Marcel McCants said the video doesn't tell the whole story and he doesn't buy the shooter's claim of self-defense.

The shooter was someone he considered a friend.

"I don't think he was in fear for his life at all," McCants said, "I think his intent was to kill me."

McCants is now paralyzed after being shot in the neck.

KIRO 7 met him at Harborview Medical Center where he's been living since being admitted with pneumonia in December.

"It's been rough," McCants said.

Adding to his frustration, McCants doesn't believe police thoroughly investigated the case.

"They never seen me as a victim. They seen me as a suspect. Here's why. I'm physically taller. I weigh more, I have a criminal history. He doesn't," McCants explained. "Two black men fighting each other. It wasn't a big deal to them."

Police referred the case to the prosecutor's office who told KIRO 7 "After careful investigation and consideration of all of the evidence, this was clearly a case of self-defense by the shooter."

Video shows McCants and another man arguing. We are not naming the other man because he wasn't charged.

McCants said they met at the gas station to hash out their differences.

He acknowledges he threw the first punch.

"When he knocked the keys out of my hand, I assumed he was trying to punch me," McCants explained. "In my mind, I go into protective mode. I felt like I needed to defend myself."

Video also shows McCants continuing to go after the other man. Then the shooter opens fire.

KIRO 7 asked McCants why he didn't walk away.

"I'm enraged. I'm angry. You know what I mean, this is a fight," McCants said.

McCants said he regrets not walking away. He can't change his decisions from that day but he hopes others, like his sons, can learn from them.

"I told him, son, Daddy made a mistake. I said my mistake was that Daddy chose not to walk away. What I teach you to do, Daddy didn't listen to his own lesson," McCants said.

KIRO 7 also spoke to Jim Fuda, former commander of the King County Sheriff's Office to get his expert opinion on the video. He acknowledged that it would be a tough call, but since McCants was bigger and went after the shooter twice, he understands why prosecutors would rule the shooting self-defense.

Cox Media Group