Man mistakenly shot by Vancouver police says there was no warning

VANCOUVER, Wash. -- The man Vancouver police shot thinking he was someone else is saying they didn't give any warning they were about to shoot. Brent Graham thinks he's lucky to be alive.

Graham had called 911 when he came across what he thought was a suspicious car parked on the side of the road. He had no idea it belonged to John Kendall, who police say shot his neighbor then took off.

Police were looking for a white man in his 50s, driving a blue sedan. Kendall was 59, Graham was 55.

When police arrived, Graham, who is a security guard and former cop, and had a gun, fired one shot.

Police aren't saying how many shots they fired. Graham's attorney, Steve Thayer, says, "He was just trying to help law enforcement. He called 911 to report a suspicious vehicle. He was shot without justification, without any warning. Several shots were fired, he was hit in the leg, and he's lucky he wasn't killed."

Police also were not able to say if they had given Graham any verbal commands to put his hands up or his gun down. Kim Kapp of the Vancouver Police Department says that information has not come out of the final investigation report to be released by the Clark County Sheriff's Office.

Graham and his attorney have not said what, if any, legal action they plan to take.

"We haven't seen the final report either," says Thayer.

Graham was hit in the leg once. He says that wound has healed but two months later he still gets shaken by loud bangs and pops.

The shooting happened Halloween morning, after Kendall shot his neighbor Abigail Mounce in the face. Kendall and the Mounces had been having arguments over the house Kendall was renting from the Mounces. Abigail Mounce was seriously injured in the shooting, and lost some of her vision. Kendall killed himself.

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