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Spokane, Washington  Est. May 19, 1883

Investigators: Man shot by police charged ex with hammer; ex who called 911 also hit in leg

A Spokane police officer fired multiple rounds, striking a 52-year-old man and his ex-partner, after the man reportedly charged the ex with a hammer Friday at a home in north Spokane, according to investigators and court documents.

John C. Primero was shot three times, according to court documents, and was released from the hospital later that day.

He was then booked into the Spokane County Jail on suspicion of three counts of second-degree assault, domestic violence order violation with assault, first-degree burglary, three counts of first-degree kidnapping and two counts of harassment with a weapon involved, according to a news release from the Spokane Independent Investigative Response Team, which is investigating the shooting.

Primero’s ex, who had used pepper spray/bear mace when Primero charged toward her and the victims, was shot in the leg, the release said. She told investigators she feared Primero would kill her and/or the two girls in the home. She was also released from the hospital hours after the shooting.

Spokane police identified the officer who fired his gun as 33-year-old Marvin Cunningham, who was hired by the police department in 2018.

The woman called 911 shortly after 1:50 p.m. to report that Primero was at her home, 218 E. Sanson Ave., and there was a no-contact order between the two, investigators said in the release.

Dispatch notes from 911 show a female saying, “Don’t hit her with a hammer, do not threaten my kids, please stop, and Primo, don’t do this to them.” The release said a woman could also be heard saying, “It’s OK. If something bad happens, close your eyes, get under the blanket, and stay hidden until someone gets you.”

Investigators said officers heard screaming inside the home, immediately entered “due to the exigent circumstances” and soon advised that shots had been fired, according to the release.

Investigators believe the officers contacted Primero and the victims in the front room of the home. Soon after, Primero, failing to follow the officers’ commands, charged toward the victims and Cunningham fired, documents said.

Investigators recovered a “framing-type hammer” on the ground where Primero was shot.

According to court documents, the woman’s teen daughter, who lives with her mother and little sister at the Sanson Avenue home, told investigators she was in her bedroom when she heard her mother arguing with Primero. She said she heard Primero yell that he’ll “burn the house down.”

She went downstairs to try to calm things down while her sister and mother were in the mother’s bedroom, court records show.

She said she was standing between her mother and Primero, who kept yelling at the mom. He said, “I’m not gonna leave until you call the cops,” the teen told police. She and her mom told Primero to leave, she told law enforcement.

She said Primero pulled a screwdriver from his pants pocket and started pointing it at them. She told investigators he put it back in his pocket and kept saying, “Your mom wants to call the cops. We can do it as a family.”

When Primero knew police were on the way, he walked back to the couch, picked up a hammer and started swinging it at his side, scaring the teen, she told investigators.

She said Primero said he’s not going to prison “and none of us are leaving, so guess we’ll see how this goes.” He held the hammer up and said, “So, this means the end game …”

Shortly after, police knocked on the door and asked them to open it.

She said Primero dropped the hammer, and an officer asked to see Primero’s hands, court documents say. Primero said “no” and moved quickly toward her and her mother with his hands concealed in his pockets, the teen told investigators. She said officers came into the living room as she got sprayed from behind with bear mace.

She ran out of the house and heard four gunshots.

Spokane Police Chief Kevin Hall told reporters Friday three officers were inside the home at the time of the shooting, but only one fired a gun.

Even though one officer fired, all three officers will be placed on administrative leave, Hall said.

The mother told investigators she tried to leave the residence with her children, according to documents. She also said that Primero told her he would burn the house down and that she wasn’t going anywhere.

Primero then armed himself with a hammer, held it to the side and blocked the front door, the mother told police. He then allegedly put the hammer down and, when officers arrived, picked it up and ran toward her like he was going to strike her with the tool. She then heard several gunshots.

Primero, who was shot in the back, leg and buttocks, told detectives he picked up the hammer, which he said he carries for protection, as law enforcement came through the door and lunged toward his ex and her daughter to protect them, documents say.

Primero’s criminal convictions include criminal mischief with a deadly weapon, forgery and theft, detectives wrote in documents.

The Spokane County Sheriff’s Office is acting as the managing agency for the investigation. Spokane police will not be involved in the investigation. Once the investigation is complete, the case will be forwarded to the Spokane County Prosecutor’s Office for review.

Primero made his first appearance Monday in Spokane County Superior Court and remained in jail Tuesday night in lieu of a $251,000 bond. He is set for an arraignment Feb. 11.