SPOKANE, Wash. – Spokane County Sheriff's fired the deputy behind the fatal 2010 Pastor Scott Creach, 74, shooting.
Authorities said on Wednesday that Deputy Brian Hirzel was terminated on January 19 after an internal investigation showed unauthorized use of county-owned vehicles. Hirzel had previously been disciplined earlier in 2014 for similar conduct according to the Spokane County Sheriff's Office.
Sheriff Ozzie Knezovich determined there was just cause for Hirzel's termination after reviewing the information from the completed investigation.
Authorities confirmed Wednesday that Hirzel has ten days from Jan. 19 to appeal the decision.
In 2013, the Spokane County Sheriff's Office settled a lawsuit with the family of Scott Creach on Friday for $2 million.
Creach was shot and killed by Deputy Brian Herzel in August 2010. At the time Creach and his wife were sleeping in their home when Hirzel reportedly drove on to a lot next to their home to work on a report in an unmarked vehicle. Creach went outside to investigate what he reportedly thought to be a prowler when Hirzel shot him.
Hirzel was in an unmarked Spokane Valley Police vehicle with his headlights on, driver's side window down and computer on. Hirzel told investigators later that he saw a male with no shirt on approach him from 30 feet away, holding a gun at his side.
Hirzel said when Creach was within 2.5 feet of the vehicle, he withdrew his gun, announced he was a police officer several times and demanded Creach drop the gun.
According to investigators, Hirzel recalled Creach refusing to drop the gun, and saying he was protecting himself because 'people had stolen things from him before.' McGovern said Hirzel did not determine from those statements that Creach was the property owner.
Hirzel said he got out of the vehicle, and Creach stepped back allowing for him to do so. Hirzel said when he got out of the car Creach put his gun in the waistband of his pants. Hirzel said he ordered Creach to get to the ground again, and Creach refused. At that time, Hirzel told investigators he grabbed his baton and struck Creach in the knee area, causing him to buckle and reach for his gun from his pants.
Hirzel told investigators he saw the butt of Creach's gun, holstered his baton, got a two-hand grip on his gun and shot Creach, hitting him in the chest.
No criminal charges were filed against Hirzel.
READ: Deputy investigated for online sex toy Web site
Following the deadly shooting, Hirzel was also under investigation for running an online business that sold sex toys.
Hirzel was hired in June 2008 as a lateral deputy from North Idaho.
On Wednesday, Creache's son Alan spoke about how he felt about Hirzel losing his job.
He told KREM he was surprised but thought the county was doing some housekeeping within the sheriff's officer.
"We had a question when my father was killed as to the veracity of this officer and it's very apparent that the County has come to the same conclusion," said Alan.
