Flanked by his family and fellow officers, retired Mount Vernon police officer Michael “Mick” McClaughry took the witness stand Friday to testify against the man accused of shooting him in December 2016.
Prosecutors said Ernesto Lee Rivas, 47, opened fire as McClaughry knocked on his door to ask about a gang shooting that happened earlier in the day. Rivas, a known gang member, was hiding the shooter inside.
The bullet hit McClaughry in the head and left him blind.
Defense Attorney Jason Smith said Rivas didn’t pull the trigger, claiming a teenage gang member hiding inside his home shot McClaughry.
Audio and video captured around the time of the shooting appears to connect Rivas to the attempted murder of McClaughry.
McClaughtry doesn't remember the actual shooting, but testified he recalled seeing “very, very bright, brilliant colors. More colors than you could ever understand. And in the center, there was a very black dot.”
He said the black dot got larger and larger until it filled his entire vision.
“I was trying to understand what that was. I couldn’t tell whether I was going towards it, or it was coming towards me. But I know what that black dot is. That was death. I knew it was,” McClaughry said.
During his testimony, McClaughry said he couldn’t see at all when he was released from the hospital, but his vision has improved over time.
“I can see primary colors pretty well, [red], yellow, and green. Lately, there has been some blue, and I’ve been able to pick out some words as well. Things like a yield sign, a stop sign, things like that,” McClaughry said.
Dr. Richard Ellenbogen, one of the most highly respected brain surgeons in the nation, just happened to be in the Harborview Medical Center E.R. in Seattle the night McClaughry was brought in.
"I was there by accident," he testified.
Ellenbogen told jurors he didn't expect McClaughry to survive the gunshot.
"He's amazing. I predicted he would die," Dr. Ellenbogen said. "The fact that he made it was a miracle. He made us all liars that night."
In a career that spanned three decades, McClaughry served on the patrol and investigation divisions. He also worked as a D.A.R.E officer, a squad leader officer, and a field training officer.
In November 2017, he was honored with the first Purple Heart Medal that the Mount Vernon Police Department has awarded. He also earned the Washington State Law Enforcement Medal of Honor.
The trial began in early August and is expected to last four to six weeks.