Category: Crime

Morning Fizz: Planning for Civil Unrest, Dismantling the Navigation Team, and Rethinking Prosecution

Image via King County Elections

1. As the federal government and state police prepare for possible civil unrest on Election Night, the city of Seattle says it does not plan to physically open its Emergency Operations Center, which coordinates emergency response during crisis situations and extreme weather and public health events.

However, the Seattle Police Department has restricted time off for officers who may be deployed to respond to demonstrations during the week following the election, and the city has sent information to businesses in neighborhoods where protests are common, such as  Capitol Hill, about “how to prepare and secure their employees and customers as well as their property to mitigate the impact of broken windows and graffiti, should that occur,” according to a spokeswoman for Mayor Jenny Durkan’s office.

As of November 1, 72 percent of ballots sent to registered voters in King County (and nearly 75 percent in Seattle) had been returned. Although Washington state votes by mail, the county has opened seven voting centers where people can vote in person until 8pm on election day, including two in Seattle.

Durkan’s spokeswoman said SPD “does not have any intelligence to indicate that there will be large-scale demonstrations on Election Night or the days following. Our partners at King County Elections have not reported any threats or security issues at any ballot boxes. As such, the SPD and Seattle Fire Department’s planning is for contingency purposes only, and does not indicate that there will be demonstrations or unrest.”

City council member Tammy Morales formerly introduced her proposed alternative to Durkan’s proposed replacement for the Navigation Team, called the HOPE Team, last week. The five-member team would be a scaled-back, service-focused version of the Outreach and Engagement Team proposed by Durkan and council member Andrew Lewis last month—a team that would itself be a kind of scaled-back Navigation Team, one that would put the members of the recently disbanded Navigation Team to work in new roles “coordinating” the work of the city’s contracted outreach providers.

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During the council budget hearing on Friday, Lewis suggested that the differences between his plan and Morales’ were minor, but said he wouldn’t co-sponsor her proposal “because of my involvement in a parallel process.” Last week, Morales told PubliCola she believes the language in Lewis’ proposal is still “vague” enough to allow members of the larger team to do direct outreach. “I think we need to leave that work to the service providers—to the folks that are out there every day and understand the importance of developing relationships,” Morales said.

The HOPE team would include a team manager, a liaison to coordinate with other departments like Seattle Public Utilities, which manages the “purple bag” encampment trash pickup program, one data analyst (read more about why one data person may not be enough for a team dedicated to coordinating outreach and shelter referrals here), and two “provider and neighborhood liaisons” who would work with King County Public Health and providers to “provide reasonable notification of a[n encampment] removal and time to plan and implement the relocation.” Continue reading “Morning Fizz: Planning for Civil Unrest, Dismantling the Navigation Team, and Rethinking Prosecution”

Morning Fizz: Will Durkan Veto the Council’s Budget?

1. Will Mayor Jenny Durkan veto the city council’s budget?

It may seem early to start asking whether the mayor will reject the council’s revisions of her 2021 budget proposal, since the council is only at the midway point of the budget process. But as the potential amendments and substantive policy changes add up, it’s clear that the council is intent on restoring funds to  housing, grassroots community safety projects, and COVID relief—which means cutting into the mayor’s flagship priority, a $100 million “equitable investment” fund for “investments in BIPOC communities,” in the last budget before the next mayoral election.

Durkan first floated the concept of funding “$100 million in community-driven programs for Black youths and adults” at the height of last summer’s Black Lives Matter protests, when every day produced new allegations of police brutality and overreach. A more detailed proposal came in September in the form of a plan to spend “$100 million on BIPOC [Black, Indigenous, and People of Color] communities. Specifically, Durkan proposed setting $100 million aside in next year’s budget until a task force appointed by the mayor comes up with recommendations for spending it.

To pay for such a large line item in a year of budget cuts, Durkan’s budget plan relies on revenues from the JumpStart payroll tax, which the council allocated to COVID-19 relief and homelessness and housing projects.

Separately, Durkan’s plan also eliminates $10 million the council allocated this year to scale up community-led alternatives to policing. And it “abandons” $30 million that was allocated to equitable investment projects during the sale of the Mercer Megablock property and spends these “flexible funds” on “critical City services in the 2020 Revised Budget and 2021 Proposed Budget.”

The clawback of the Megablock proceeds is perhaps the clearest case of a promise broken. Just last year, Durkan stood in a vacant lot in South Lake Union—at the time, one of the largest and most valuable publicly owned properties in the city— and announced that proceeds from the $143 million sale would help fund affordable housing and other projects that combat displacement in gentrifying areas. “I believe that years from now, people will look back at this chance and say we seized an incredible opportunity to make our City better by reinvesting the proceeds directly in housing across Seattle,” Durkan said at the time.

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This funding promise was one reason progressive groups like Puget Sound Sage did not vocally oppose the project, council member Lisa Herbold noted Thursday. She joined council members Tammy Morales, Andrew Lewis, and council president Lorena González in supporting a proposal by Kshama Sawant to restore funding for the projects promised as part of the Megablock sale last year.

2. Herbold’s proposal to create a new “duress” defense for some people facing misdemeanor charges won’t be heard until after the council adopts the 2021 budget. On Wednesday, González said council staffers were already overloaded with more than 120 budget amendment requests from members.

She also questioned whether Herbold’s proposal—which Herbold says would save the city money by reducing the number of jail beds it has to pay for—is truly budget-related. And she suggested it might not actually save much money, because former mayor Mike McGinn signed a long-term jail contract that commits the city for 30 years to paying for jail beds that they aren’t using now. Continue reading “Morning Fizz: Will Durkan Veto the Council’s Budget?”

Despite Months of Arrests and Impoundments, the Car Brigade Is Still Protecting Seattle Protesters

Seattle Police officers impound a Car Brigade vehicle on Capitol Hill on October 3

By Paul Kiefer

Late at night on September 11, during the worst of the past summer’s wildfire smoke, a driver pulled over in a Bothell parking lot. Less than an hour earlier, the driver – who asked to remain anonymous because of pending felony charges – had been a part of the Car Brigade, a group of drivers who use their cars to protect Black Lives Matter protesters from attacks.

That night, the group had formed a protective perimeter around a relatively small and subdued protest march in Seattle. Driving at a walking speed, the motley crew of luxury cars, nondescript sedans and massive SUVs maneuvered to keep other drivers from entering alleyways, parking lot exits and intersections.

After months of practice, angry honking from inconvenienced drivers doesn’t phase the Car Brigade. The protest ended with no police in sight, so the drivers went their separate ways, expecting to make it home without issue. But when he reached Bothell, the driver saw police lights in his rear-view mirror. “There was never a siren,” he said. “It seemed like they had just silently followed me all the way to Bothell.”

“SPD thinks drivers are somehow involved in organizing the marches or have a hand in what marchers do,” one driver told PubliCola. “Really, when I’m driving, I don’t even know where we’re turning next.”

To his surprise, the officer who approached his window was from the Seattle Police Department. According to the driver, the officer “told me I had three seconds to open my window or he would smash it. I didn’t really have time to react or think. I was still trying to remember where the door handle was when another officer walked up and smashed the window. The funny thing was that my doors were unlocked anyway.”

That night, the driver was booked into the King County Jail for allegedly obstructing a public officer at a protest several days earlier. He was released only a few hours later, but SPD had impounded his car and was waiting for a warrant to search it. Without his cell phone—which SPD had also seized—the driver spent the early hours of Saturday morning searching for some way to make his way to his home in a suburb east of Seattle. “I’ve never been so happy to see a yellow cab,” he said.

The arrest in Bothell was not an isolated incident: between August and mid-October, arrests of Car Brigade members were an almost weekly phenomenon. In total, SPD detained drivers on more than a dozen occasions and impounded 13 drivers’ cars; some, like the driver arrested in Bothell in September, were arrested more than once.

Incident reports and search warrants obtained by PubliCola offer a glimpse at what might lay behind the arrests: A larger SPD investigation into the Car Brigade’s connections to property damage and arson at last summer’s protests, driven by the department’s belief that the volunteer drivers are not good Samaritans, but accomplices who provide cover and support for property damage, arson and other crimes.

Five Car Brigade drivers who spoke to PubliCola believe that SPD has an ulterior motive for the arrests, impoundments and investigation. They describe SPD’s treatment of the Car Brigade as a “scare tactic” intended to punish drivers for protecting marchers, undermine marchers’ safety, and finally bring an end to the nightly marches. And the tactic may be working: drivers say that a dwindling number of drivers are willing to risk losing their vehicles, and potentially face felony charges, in order to protect protesters.

SPD did not respond to questions about specific arrests or the broader investigation, so the details of arrests included in this story reflect the drivers’ own accounts, as well as SPD incident reports.

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The Car Brigade formed earlier this year in the wake of the the July 4 attack on I-5 that killed Summer Taylor and injured Diaz Love. In the weeks that followed, one organizer told PubliCola, marches were flooded with volunteer drivers. “There were 40 or 50 drivers a night,” she recalled, “but it was chaos. The only coordination came from one person running from car to car to relay directions.” The playbook the Car Brigade now uses was the brainchild of a group of former marchers and new volunteers, she said. The team developed nicknames, a weekly driving schedule and an emergency fund to cover gas and window replacements; by August, the Car Brigade was a well-oiled machine.

Over those months, the Car Brigade drivers maintain, their presence at marches has served one purpose. “What we do is protect protesters – that’s the entire reason we’re there,” the driver arrested in Bothell said. Continue reading “Despite Months of Arrests and Impoundments, the Car Brigade Is Still Protecting Seattle Protesters”

Morning Fizz: As City Hall Moves Closer to Agreement on Homeless Outreach, “Seattle Is Dying” Star Claims the Council Wants to Legalize Crime

Screen shot from “Seattle Is Dying”

1. Scott Lindsay, a former mayoral public safety advisor whose report on “prolific offenders” featured prominently in the viral “Seattle Is Dying” video, published a broadside against city council member Lisa Herbold yesterday on the website of a new political nonprofit called Change Washington. In the piece, Lindsay accuses Herbold of sneaking legislation into the 2021 budget that would  “create a legal loophole that would open the floodgates to crime in Seattle, effectively nullifying the city’s ability to protect persons and property from most misdemeanor crimes” and “negat[ing] the majority of Seattle’s criminal code.”

Change Washington was incorporated at the end of 2019. Its principals are former state Sen. Rodney Tom, a conservative Democrat from Medina who caucused (and voted) with Republicans; Sally Poliak, a “centrist Republican” political consultant in Seattle; Steve Gordon, a Republican donor from Pacific, WA who runs the anti-tax group “Concerned Taxpayers of Washington State“; and former Zillow executive Greg Schwartz, who left the company last year vowing to focus his energy on “Seattle’s chaotic streets and government.”

In his post, Lindsay refers to himself as a “dyed-in-the-wool blue Democrat.”

Lindsay’s claims about legalizing crime come from an extremely broad reading of a draft bill crafted with input from Decriminalize Seattle and King County Equity Now and posted on the website of the King County Department of Public Defense. Lindsay appears unaware that these groups participated in the drafting of the bill, and even claims that they have never expressed any support for its basic concepts. And despite Lindsay’s claim that Herbold is using an elaborate “backdoor” strategy to “[keep] the proposed legislation almost entirely hidden from the public,” Herbold has not actually proposed any legislation. Council staffers are still working on a draft, one of many bills the council will propose as part of the budget process.

Nor would the bill Lindsay incorrectly identifies as Herbold’s actually legalize crime. Instead, the county public defenders’ draft proposes several new defenses against prosecution for crimes that result from poverty or an unmanaged mental health or addiction disorder. Among other (welcome) changes, the bill would prevent prosecutors from throwing a person with untreated mental illness in jail because he broke a store window during a psychotic episode, or pressing charges against a hungry person because he stole food. It would not create a get-out-of-jail-free card for anyone who commits a crime and then claims to have—as Lindsay glibly puts it—”depression, anxiety, etc.”

Herbold says it’s high time the city reconsider its approach to offenses that result from poverty and lack of access to health care and housing. “As we’ve seen in the massive national and international protests in the wake of the murder of George Floyd, it is past time that we reexamine our systems which often perpetuate homelessness and economic instability,” she says. “The City currently spends approximately $20 million a year on incarceration, which is known to significantly increase the risk of housing instability and homelessness.” The council will discuss the proposal at its budget meeting Wednesday.

Lindsay’s arguments will almost certainly find purchase in right-wing talk radio and on TV chat shows whose ratings depend on keeping audiences in a perpetual state of fear. There will always be a large contingent of people, even in liberal Seattle, who don’t believe that crimes that result from poverty or untreated mental illness really exist. To these people, Lindsay’s assertion that defendants would only have to “claim drug or alcohol addiction” or fake a mental illness to evade justice will make sense. It’s easier to believe in a world where shady defense attorneys argue, as Lindsay predicts they will, that “drugs are a ‘basic need” for someone with a substance use disorder” to than to consider the possibility that throwing people in jail for being addicted, mentally ill, or poor doesn’t actually work.

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2. After the city council passed legislation establishing a new “outreach and engagement team” to coordinate the city’s response to unauthorized encampments, you might think Mayor Jenny Durkan would be thrilled. After all, the team keeps most members of the Navigation Team on the city payroll, while leaving the question of what, exactly, the team will do.

Instead, the mayor responded to the 7-1 vote by reigniting the debate over the council’s 2020 budget rebalancing package, which Durkan vetoed (unsuccessfully) after the council voted to eliminate the Navigation Team. In a statement Monday night, Durkan characterized the council’s vote as a decision to “restor[e] funding for the Human Services Department to coordinate homelessness outreach” and called the legislation “similar to previously proposed legislation negotiated in August” that would have kept the Navigation Team intact.  Continue reading “Morning Fizz: As City Hall Moves Closer to Agreement on Homeless Outreach, “Seattle Is Dying” Star Claims the Council Wants to Legalize Crime”

As Seattle Weighs 911 Options, a Promising Program Shows the Potential, and Limitations, of Community-Based Crisis Response

Reverend Martin Lawson at the scene of a shooting in Pioneer Square on September 20th.

By Paul Kiefer

Just before 7:00 on Sunday night, an argument between two men at the encampment next to the King County Courthouse in Pioneer Square ended in a shooting. The shooter ran away into the night; the wounded man was carried by ambulance to Harborview Medical Center, where he was treated for non-life-threatening injuries.

About 30 minutes later, as a police officer was busy taking down the crime scene tape, a man in a black motorcycle helmet appeared from below the Yesler Avenue Bridge. He walked down the row of tents and tarps along the courthouse wall, asking witnesses for details about the shooter and the victim. He couldn’t get answers about the shooter, but longtime park residents said they didn’t recognize the wounded man—he was new to the encampment. Meanwhile, Seattle police officers standing a few yards away were busy searching a stolen car found on the scene for any evidence the shooter may have dumped when he ran.

The man in the motorcycle helmet was Reverend Martin Lawson, the head of the new four-person Critical Incident Response Team organized by Community Passageways, a South Seattle-based nonprofit that has been a center of attention in this year’s citywide conversations about alternatives to policing.

In the past four months, members of the Seattle City Council and the Mayor have regularly pointed to Community Passageways as a model for community-based public safety. The group already holds three city contracts: two for programs that divert young people from the criminal legal system and provide mentorship and counseling (together totaling $845,000) and a third, $300,000 contract for the Critical Incident Response Team, which formally launched three months ago.

As the city weighs its options for non-police 911 response, the Critical Incident Response Team provides a case study in the role community organizations might play in improving emergency responses to violent crime. Among the clearest lessons of that case study, however, are the team’s limitations. Because their model is grounded in community relationships, the Critical Incident Response Team can only work within the boundaries of their community. Introducing the model city-wide would involve replicating the team, not expanding it.

As new as the team may be, Community Passageways founder and CEO Dominique Davis says the program is modeled after work he’s been doing for years. Davis, a former gang member, first began responding to shootings in South Seattle while working as a football coach nearly two decades ago. “I was getting calls from kids I coached, kids I knew from around the neighborhood who would say, ‘coach, come get me—someone just shot at us, my friend just got shot,” Davis said. “So I started doing critical incident response on my own. I would go pick them up, and sometimes I had to take them to the hospital.”

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Davis says that he soon began to run into barriers to his informal crisis response work. “I would show up at the scene of a shooting, and a kid might be laid out in the back seat of a car with a bullet in him, but he wouldn’t want to go to the hospital because he didn’t want to get interrogated by police,” he said. “So I wound up calling prosecutors in the middle of the night, having them connect me to detectives and saying, ‘look, I need to get this kid to the hospital and I can’t convince him to go if you’re going to interrogate him.'” As Davis started reaching agreements with law enforcement, he says he saw an opportunity to formalize the role of community members in responding to violence.

For much of the past decade, Davis’ criminal justice reform work has centered on diversionary programs: He co-founded the program now known as Choose 180, which works to reduce legal penalties for young people facing misdemeanor charges, nearly a decade ago, and he narrowed his focus to serve gang-involved and incarcerated Black youth (ages 15-25) by founding Community Passageways in 2017. Those programs, he says, rely on pre-existing relationships within Seattle’s relatively small Black community.

Deshaun Nabors, an ambassador-in-training for a Community Passageways diversionary program called Deep Dive, echoed Davis. “This is about as community-based as it gets,” he said. “There’s barely ever more than two degrees of separation between any two people—I mean staff and clients. That’s where [Community Passageways’] soul is.” Nabors is a testament to the organization’s reliance on existing relationships: Davis knew Nabors’ uncle, and reached out to him while Nabors awaited sentencing for a robbery in 2019. Nabors entered the Deep Dive program earlier this year.

In many cases, the Critical Incident Response Team relies on the same community relationships to field emergency calls. Lawson said they’ve received emergency calls from the parents of shooting victims and witnesses who have team members’ phone numbers; in other cases, including the fatal shooting in July near Garfield High School that killed 18-year-old Adriel Webb, team members lived close enough to the incidents to hear the gunshots and arrive at the scene within minutes. The team has received about 15 calls a month so far.

“This is about as community-based as it gets,” he said. “There’s barely ever more than two degrees of separation between … staff and clients. That’s where [Community Passageways’] soul is.” —Deshaun Nabors, Community Passageways ambassador-in-training

Lawson, who joined Community Passageways in March after three years directing a prison ministry in North Carolina, said team members have also taken peacekeeping roles at another 20 gatherings—including memorials, rallies, and a multi-day assignment at the Capitol Hill Organized Protest zone (CHOP)—to de-escalate any conflicts among young people, especially those with gang ties, whom they know through their personal networks.

Lawson said he was on peacekeeping duty at CHOP on June 20th when Marcel Long shot and killed 19-year-old Horace Lorenzo Anderson after a dice game went awry. While he wasn’t able to respond in time to stop that shooting, Lawson said that he and fellow Critical Incident Response Team members rushed to the scene and spotted another several other teenagers—familiar faces—drawing guns to retaliate. “They knew us, we knew them, and we talked them down before anyone else got hurt,” he explained while standing on the corner of 4th and Yesler as witnesses to Sunday night’s shooting started to disperse.

Lawson said he was also present as a peacekeeper at the memorial for Adriel Webb on the night after his killing. Unfortunately, he said, “we’re still so short-staffed, so we decided to leave once it got late.” Not long after the team members left, a still-unidentified gunman shot 19-year-old Jamezz Johnson in the head, killing him.

The unit’s role as crisis responders, Lawson explained, doesn’t look like the job of police—in order to maintain community trust, and particularly the trust of gang-involved youth, it can’t. In fact, Lawson said his team members make a point of not interacting with police when responding to a call or serving as peacekeepers; at the scene of the shooting in Pioneer Square on Sunday, Lawson never came within twenty feet of an officer.

Lawson said the Critical Response Team often interviews witnesses and gathers intelligence after shootings, although they don’t share the intelligence they gather with investigating officers to maintain their network’s trust. Team members’ personal relationships with community members, and particularly with gang-involved community members, have allowed them to keep tabs on the movements of known gunmen and to intervene before gang members can retaliate against their rivals. At least one of the team members is an inactive gang member himself, said Davis; that member maintains a direct line of communication with his gang’s leadership, and Davis claims he used it to stop a retaliatory attack earlier this year. 

But when Lawson arrived at the scene of the Sunday night shooting in Pioneer Square, the limitations of the Critical Incident Response Team’s role as a violence prevention program became clear. After his brief conversations with park residents, Lawson signaled that he didn’t plan to stick around. “When shootings happen in this part of the city, we show up because there’s a possibility that one of the kids we know was involved. Sometimes they come here to sell drugs to the people who live in the park, and if they shoot someone or get shot, we should respond.” Continue reading “As Seattle Weighs 911 Options, a Promising Program Shows the Potential, and Limitations, of Community-Based Crisis Response”

Cuts to SPD’s Domestic Violence Unit Could Undermine DV Investigations, Experts Say

Image by zeraien via Wikimedia Commons.

By Paul Kiefer

As part of the staffing transfers that Interim Seattle Police Chief Adrian Diaz announced last Tuesday, the Seattle Police Department is in the process of moving 88 officers to patrol duties, with more transfers to follow. Those reductions include 29 Community Policing Team members, five members of the department’s Intelligence Unit (used to identify crime hot spots and to determine where patrol officers will be deployed), and five members of the department’s Domestic Violence Unit—nearly a quarter of that unit’s staff.

Despite assurances from both Chief Diaz and Mayor Jenny Durkan’s office that the department is working to ensure that the staffing transfers don’t limit the domestic violence unit’s efficiency and capacity, sources both outside SPD and inside the unit itself are raising concerns that the move will undermine domestic violence investigations.

“Of course I’m concerned,” said David Martin, the head of the King County Prosecutor’s Domestic Violence Unit, which works with the SPD unit on felony cases. “It’s hard to imagine this not increasing the caseloads for the remaining detectives, and that can take a toll on the thoroughness or speed of the investigations.” That increase in caseloads would have happened this year even without the staff transfers, he said, given the recent surge in domestic violence cases in the county.

“A 911 response never resolves a domestic violence incident. Relying on police response to address domestic violence lacks understanding of what survivors experience when they encounter the legal system because neither the domestic violence nor the legal process ends with that 911 call.” – Judy Lin, King County Bar Association

According to the King County Prosecutor’s Office, as of the end of July, the county saw a 17 percent increase in domestic violence felony case filings compared to last year. So far this year, there have been 11 domestic violence homicide incidents in King County, accounting for 15 deaths (which include two murder-suicides and one incident with multiple victims)—twice as many as in all of 2019. Another eight murders were committed by convicted domestic violence offenders; because the victims in those cases weren’t intimate partners of the perpetrators, they aren’t counted as domestic violence homicides.

According to Martin, SPD’s Domestic Violence Unit plays a crucial role not only in investigating domestic violence cases, but in conducting follow-up with offenders, including serving protection orders and removing guns from offenders’ homes. In fact, SPD’s Domestic Violence unit was created specifically to shift those duties away from patrol and into a specialized unit trained specifically in managing domestic violence cases.

The SPD Domestic Violence Unit is also a part of King County’s Regional Domestic Violence Firearms Enforcement Unit (RDVFEU)—a collaboration between county and city prosecutors, the sheriff’s office, and the SPD unit; the SPD detectives are responsible for serving protection orders and removing guns from the domestic violence offenders within city limits. The RDVFEU has recovered 30 percent more firearms this year than they had by the same time last year and has seen a 104% increase in Extreme Risk Protection Order filings, which mandate the removal of a firearm from domestic violence offenders.

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Retired judge Anne Levinson, who led the effort to establish the regional firearms unit, is worried that the cuts to SPD’s domestic violence unit will undermine the department’s commitments to their regional partners. “My concerns are both the ability to swiftly and strongly enforce the law and the importance of quickly serving protection orders and removing firearms when those orders are served,” Levinson said. “Both those are put at risk by those cuts.”

An officer who works in SPD’s Domestic Violence Unit, who spoke on the condition of anonymity, echoed the concerns of Martin and Levinson, saying they can’t fathom how their colleagues will be able to process ever-growing caseloads with fewer investigators. The officer said they are especially concerned about the unit’s Elder Crimes division, which will lose two of its three officers. The division is responsible for investigating physical abuse, neglect, or financial abuse involving senior citizens.

Mirroring the broader surge in domestic violence filings, the officer said, the elder abuse unit has also seen their caseloads increase during the past year, which they credit to pandemic-related isolation. “The elder abuse team’s numbers are always increasing,” they explained, “and during the pandemic, there’s less supervision of elders because people don’t want to infect them, so they can be hugely vulnerable to abuse.”

In his press conference last week, Interim Chief Diaz said that increasing the number of patrol officers will enable faster 911 responses;  that distributing patrol duties between a larger number of officers will reduce on-the-job stress and allow those officers more time to build relationships with community members; and that decreasing the number of officers assigned to special units—who Diaz said often work more overtime—will lower the department’s overtime spending.

Durkan spokeswoman Kelsey Nyland said Durkan supports the transfers because they serve Diaz’s goal to “focus the culture of SPD— including patrol—on community and neighborhood policing” and “lay the groundwork to create a department that is less centered around individual, siloed specialty units and instead can handle a total collection of incidents.”

As for concerns about the ability of SPD’s Domestic Violence Unit to investigate cases, aid in prosecutions, and provide follow-up for victims, the mayor’s office doubled down on last week’s assurance that “SPD will be closely monitoring the data for any potential negative impacts and making data-informed decisions about staffing and allocation of resources.” Nyland added, “If SPD doesn’t have enough officers in patrol to be quickly dispatched to initial incidents of domestic violence, then the subsequent detective work loses much of its purpose.”

But according to Judy Lin, the Senior Managing Attorney for the pro bono family law programs at the King County Bar Association (which deals with domestic violence cases), improving 911 response times to domestic violence incidents does less to ensure the safety of victims than the follow-up work provided by the Domestic Violence Unit.

“A 911 response never resolves a domestic violence incident. What you’re dealing with are survivors who have a relationship with the abuser involving a pattern of coercive control,” Lin said. “Relying on police response to address domestic violence lacks understanding of what survivors experience when they encounter the legal system because neither the domestic violence nor the legal process ends with that 911 call.”  If the reduced Domestic Violence Unit struggles to keep up with casework, she said, “it is more likely that abusers will not be held accountable… Without [an efficient Domestic Violence Unit] there are so many reasons for survivors to not follow through with the criminal case when they assess the risks of doing so to their safety and that of their children.” 

Lin also added that patrol officers responding to domestic violence incidents can actually make victims less safe. “If survivors reach out to law enforcement who don’t have specialized training, it can increase the risk of harm and lethality,” she said.

And elder abuse cases often don’t involve a 911 call at all, said Nadia Armstrong-Green, a Senior Rights Assistance administrator with Sound Generations, a King County nonprofit that serves older adults and adults with disabilities. “A lot of elder crimes involve some form of financial abuse,” she said, “and I often advise people to get the police involved, but many of our clients are reluctant to do that. Most people don’t see fraud or identity as an emergency.”

According to the Domestic Violence Unit detective, problems may also arise from transferring detectives who haven’t been on patrol in several years without adequately preparing them for their new patrol positions. One of the domestic violence detectives who will be transferred, they say, hasn’t been in the field for nearly a decade. “I’d think [they] would need some kind of modified field training before [they] would be prepared to work as a single officer unit. There have been technological changes, policy changes… a lot has evolved for patrol officers.” Instead, they say, the transfers will receive only about a week of training before they are deployed on patrol on September 16.

The City and County Keep Lists of Cops with Credibility Issues. Many of Them Remain on Patrol.

Image from SPD Detective Franklin Poblocki’s body camera

By Paul Kiefer

In early April, a pair of Seattle Police lieutenants from the West Precinct spotted a man rolling a bike and a garbage can down Main Street in the International District. Large coils of copper wire hung off the bike’s handlebars, and the garbage can was packed with more of the same wire. In their report, the officers noted that the wire appeared to have been torn or quickly cut; the officers concluded that the man had probably stolen it from a nearby construction site. When they stopped the man to question him, he quickly admitted that he had taken the wire from a site near Yesler Terrace. The officers then booked the man into the King County Jail.

By most standards, the arrest was unremarkable. But if one of the officers who arrested the man had been called to testify, her name—Lora Alcantara—would have triggered an alert that could have prompted prosecutors to drop the case.

Alcantara is one of 24 SPD officers on the so-called “Brady Lists” kept by the King County Prosecutor and the City Attorney’s Office. The lists, named after a 1963 US Supreme Court ruling called Brady v. Maryland that required prosecutors to present any evidence that might benefit the defendant, are formally known as Potential Impeachable Disclosure (PID) lists. They include the names of officers with sustained findings of dishonesty, evidence of racial bias, or criminal charges or convictions.

Alcantara was in added to the KCPO’s PID list in 2016 after a Seattle Office of Police Accountability Investigation found her guilty of misconduct for calling a Black driver a “fucking Negro” during a car chase in 2013. [UPDATE] A subsequent OPA investigation found that Alcantara also lied about her interaction with a KIRO-TV news crew she encountered during the chase when debriefing the incident with her supervisor, leaving her with an additional mark on her record for dishonesty. Former police chief Kathleen O’Toole suspended Alcantara for five days without pay for violating the SPD manual’s “prohibitions concerning derogatory language.” 

 

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In practice, those lists limit the ability of officers with a record of misconduct to testify. If a listed officer is the sole witness in a case, both prosecutors’ offices say they are far less likely to file charges, limiting the officers’ abilities to work alone. However, though listed officers are often unable to give testimony—a key responsibility of law enforcement officers, especially those working in patrol operations—salary and assignment data show that the department has continued to give the 24 officers annual raises and has left the vast majority in patrol positions. 

When a prosecutor from either office finds that an officer they subpoenaed to testify in a case is on their Brady list, their offices have to disclose that information (and additional details about the officer’s misconduct record) to either the defense attorney (if the officers are on the list because of a record of dishonesty) or the trial judge. Defense attorneys can use this information to impeach an officer’s testimony, and being on a Brady list “can be a factor in whether a prosecutor chooses to file charges,” Dan Nolte, the communications director for the city attorney’s office, said. “If a Brady List officer is on a case and no other officers can corroborate their account, we’re likely to seek additional evidence confirming the situation before choosing to file.”

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow.

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow. Most of the 75 SPD officers on the lists are no longer employed by the department: some, like 31-year SPD officer Ernest Hall (for whom the OPA found a lengthy record of dishonesty), the department fired outright; others, like former officer Alex Chapackdee (arrested in 2017 on federal drug trafficking and money laundering charges) resigned in lieu of termination; and others, like former Detective Ron Smith (charged for shooting a rival biker gang member at a South Dakota bar in 2008), retired from the department.

OPA Director Andrew Myerberg says it’s rare for officers who land on the lists to keep their jobs. Still, it is common enough that of the 75 SPD officers who prosecutors have added to their lists over the past 15 years, nearly a third remain employed by the department.

Four active SPD officers are on both lists because of dishonesty. One—Officer Christopher Garrett—landed on the KCPO list 15 years ago after lying about his availability to testify in a drug trial; he was among the first officers to be added to the list. Another, Detective Franklin Poblocki, somewhat famously spent forty minutes waiting outside a Black man’s workplace in the Central District in a rolling chair after the two exchanged barbs over a towed car in 2018. Poblocki told a passerby that he was waiting for an apology but claimed to his coworkers that he had merely been engaged in “community-oriented policing stuff.” In the wake of the incident, the OPA concluded that Poblocki had lied to investigators and now-outgoing SPD Chief Carmen Best demoted him from sergeant to detective for inappropriate behavior that “degraded” the department’s community policing efforts.

At least two current SPD officers on the CAO’s list have criminal charges on their records: Officer Caleb Howard was charged with misdemeanor assault in 2018 after punching a coworker and strangling his 17-year-old son at a backyard barbecue in 2018; 33-year SPD veteran (and one-time officer of the year) Officer Felton Miles was charged with felony harassment after bursting through the door of his ex-wife’s home and threatening to kill her and her boyfriend in 2007. SPD fired Miles, but a Seattle judicial board overturned Miles’ firing in 2008 and ordered the department to reinstate him.

This year, the salaries of all the officers on the lists add up to roughly $3.3 million, not including overtime.

Several on the list are fairly high-ranking. Captain Randal Woolery, for instance, was placed on the CAO’s list in 2019 after an undercover SPD prostitution sting caught him soliciting a sex worker in North Seattle (he has been charged for the incident but not convicted). Seven others on either list hold ranks of sergeant or higher, including Lieutenant Alcantara.

This year, the salaries of all the officers on the KCPO and CAO’s lists add up to roughly $3.3 million, not including overtime. Based on the city’s 2020 wage data, two of those officers—Captains James Dermody and Randal Woolery—will make over $200,000 this year before overtime. Others, like Lieutenant Alcantara, were promoted after the events that landed them on the Brady lists.

Just as notably, though their presence on the lists renders them vulnerable to impeachment as trial witnesses, SPD have left most of the officers on the lists to roles in patrol positions. As patrol officers, they are more likely to interact with the public and make arrests; therefore, the prosecutors are more likely to need their testimony when filing charges against those they arrest. Nolte says the city attorney’s office would rather turn to security camera footage or not file charges than have a case fail because the police witness appeared on their Brady List. KCPO Communications Director Casey McNerthey, however, noted that his office has not yet seen a case dismissed because an arresting officer was on their Brady list — after they disclose that information to the defense council, the court can adjust as necessary.

But that hasn’t stopped the listed officers from making stops and arrests. Detective Poblocki, for instance, has continued to make so-called “Terry Stops“—stopping someone based on an officer’s “reasonable suspicion” that the person is involved in criminal activity—for the past two years as part of the West Precinct’s burglary and theft squad, despite his dubious presence on the KCPO and CAO’s lists. In effect, the prosecutors (and police) have deemed Poblocki not credible enough to give testimony, but credible enough to conduct arrests, carry a gun, and earn a full salary.

The Council Just Created a Blueprint for Defunding the Police, but Mayor Durkan Isn’t On Board

By Erica C. Barnett

This piece originally appeared at the South Seattle Emerald.

The city council’s budget committee approved package of cuts to the Seattle Police Department budget that would reduce the department’s size by about $3 million, representing around 100 positions, this year;, remove police from the Navigation Team, which removes unauthorized homeless encampments; and start the city on a path to fund new approaches to public safety that don’t involved armed officers. Most of the proposals aren’t direct budget cuts—which the mayor could simply ignore—but budget provisos, which bar the executive branch from spending money in a way other than how the council prescribes.

The council also voted narrowly to dismantle the Navigation Team itself, by laying off or transferring not just the 14 police officers on the team but the system navigators, field coordinators, and other civilian staff who do outreach to encampment residents and remove litter, sharps, and debris. (Those positions would be replaced by contracted service providers, which is how encampment outreach worked before the city brought it in-house last year). And they agreed in principle to $17 million in funding for community organizations, including $3 million to start a participatory budgeting process for 2021. 

Other cuts would eliminate the mounted patrol, cut SPD’s travel budget, eliminate the school resource officer program, and reduce the size of the public affairs department. Some of the 2020 reductions would be achieved be through attrition—eliminating vacant positions or not filling positions when officers leave.

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Another amendment, adopted 5-4, would reduce this year’s pay for SPD’s 13 command staff to the lowest rate allowed in their designated pay bands, a cut that would save around half a million dollars between September and the end of the year, according to sponsor Kshama Sawant. If the cuts were annualized, they would reduce the command staff’s pay by an average of $115,000 a year; police chief Carmen Best, who makes almost $300,000 a year, would see her salary cut to $171,000,.

In response to the council’s vote, a spokesperson for Mayor Jenny Durkan called the council’s proposal “unattainable and unworkable.”

“[With] a few hours’ discussion and without consulting the Chief of Police, City Council has voted to reduce the police force by 105 this year, cut the Chief’s salary by 40 percent, and eliminate the City’s team of specially trained social workers that conduct outreach and address encampments and RVs that pose significant public health and safety concerns,” the spokesperson said. 

The council is assuming that layoffs would have to be bargained with the police union and couldn’t occur until at least November, so the savings from cuts would work out to a higher dollar amount next year, when they would, in theory, be annualized. According to council budget chair Teresa Mosqueda, the cuts and transfers the council is proposing this year would amount to about $170 million in 2021, or about 41 percent of the police department’s budget.

“[With] a few hours’ discussion and without consulting the Chief of Police, City Council has voted to reduce the police force by 105 this year, cut the Chief’s salary by 40 percent, and eliminate the City’s team of specially trained social workers that conduct outreach and address encampments and RVs that pose significant public health and safety concerns.”—Statement from Mayor Jenny Durkan’s office

Taken together, the council’s amendments lay out a path forward for future cuts, and a commitment to reinvesting programs guided by the principles of community groups like the Decriminalize Seattle coalition. It’s important to know, however, that while the council can tell the mayor how it wants her to spend the budget, she is generally free to ignore their direction. (See, for example, the administration’s reluctance to expand the Law Enforcement Assisted Diversion program to provide hotel rooms and assistance to people living outdoors during the pandemic, or to pay for mobile showers for which funding was allocated last November)

In acknowledgement of this power differential—and the fact that labor negotiations may take longer than three months—each of the provisos includes a caveat ensuring that officers will still get paid if the city fails to reach agreement on specific layoffs by November, when the council majority wants the cuts to go into effect. “In every single one of the provisos that reduce spending … the council acknowledges that the chief may realize reductions differently than what the council is proposing,” public safety committee chair Lisa Herbold said. “These provisos are our recommendation for how to achieve the reductions based on the advice that we’ve received that make it more likely that we will be successful in bargaining.”

Across administrations, mayors and councils tend to bicker along predictable lines: The executive branch dismisses the council as ill-informed and naive, while the council accuses the mayor of obstructing progress and ignoring their directives. But the enmity between the two co-equal branches has reached a level under Durkan that many longtime city hall staffers call unprecedented.

Yesterday, for example, Durkan and Best called a press conference to condemn the council’s proposals, one of several they’ve held throughout the council’s budget process. During their prepared remarks, the mayor and chief suggested that cutting the police department would create a “gap in service” for people calling to report major crimes like burglaries and rapes, and accused council members of wanting to lay off officers “by race” because the usual order of layoffs would mean cutting the newest, most diverse cohorts of officers first.

“The mayor does not agree with the city council and a majority of the people of Seattle who believe that we need to substantially reduce the size and scope of the police department, and as a result she is spreading misinformation and fear about what the council intends to do in order to undermine our genuine efforts to transform comm safety in our city.”—Council president Lorena González

The council maintains that the police chief could go to the Public Safety Civil Service Commission to request out-of-order layoffs, but the mayor has argued this wouldn’t be practical on a mass scale. “For over a month, the Chief and Mayor have received guidance from labor relations and law that out-of-order layoffs are unlikely to be finalized in 2020, and will therefore not result in 2020 budget reductions,” the mayor’s spokesperson said.

Council president Lorena González said today that she was “disappointed” that “our labor relations division, which lives in the executive department, [is being] utilized in a politically motivated fashion to advance the goal of never seeing layoffs of badge and gun jobs at the Seattle Police Department.” González suggested the real issue is that Durkan “does not agree with the city council and a majority of the people of Seattle who believe that we need to substantially reduce the size and scope of the police department, and as a result she is spreading misinformation and fear about what the council intends to do in order to undermine our genuine efforts to transform comm safety in our city.”

The council’s unanimous vote for one of the most impactful pieces of defunding legislation—an amendment directing the chief to issue “immediately issue layoff notices” to 32 sworn officers—can be seen as an effort to show a unified front. Or it could be a sign that the often-divided council is in genuine agreement on an approach to defunding SPD. Some of the most surprising remarks this afternoon came from council member Alex Pedersen, whose house has been targeted by protesters urging him to support the goal of defunding SPD by 50 percent. Addressing police officers directly, Pedersen said, “I appreciate the good work so many of you do. At the same time, you’re asked to do too much. You’re sent into complex situations that other professionals in our community might be better equipped to handle.

“You’re also part of a system born out of racism,” Pedersen continued, “and despite progress and reforms, that institutional racism of police departments here and across the nation continues to have a disproportionate negative impact on people of color. By rethinking what public safety really means, by centering Black and Indigenous people and people of color, by taking a thoughtful approach, we can seize this historic opportunity to disrupt institutional racism and achieve real community safety.”

Morning Crank: “Please Be Respectful of the Art”

Photo by Tim Harris

1. The recent shooting at Third and Pine in downtown Seattle was a tragedy, but it has also served as an opportunity: For right-wing radio hosts chasing the latest inflammatory headline, for TV newscasters eager to keep frightened viewers in their chairs, and for law-and-order advocates, who used the violence as a justification to renew calls for more “active” policing of people suspected of low-level criminal activity downtown.

Late last October, the Downtown Seattle Association, which is responsible for managing Westlake Park, put up signs instructing people not to sit or lie on the stairs, pink granite slabs, fountain, and other sculptures that make up the “Westlake Star Axis/Seven Hills” installation that spreads across the triangular park.

The sculptures were never intended to be static objects for reverence and observation from a distance.

The signs read: “Maki’s Art: Do not sit or lay on sculptures. Created by Robert Maki with landscape architect Robert Hanna in 1988, Westlake Star Axis/Seven Hills is a series of sculptures made specifically for Westlake Park. The seven works include a granite column and six rectangular structures meant to represent the geography of Seattle. … Please be respectful of the art and do not sit or lay on the structures.” 

However, the sculptures were never intended to be static objects for reverence and observation from a distance. The seven sculptural elements, which include the “water wall” fountain at the northwest corner of the park, symbolize the seven hills of Seattle. According to a 1995 Seattle Times article praising the sculpture as a great example of public art, “Tourists, pamphleteers, chess-players, downtown workers and homeless folks share the space, and on a sunny afternoon you can almost feel like you’ve stepped into someone’s clubhouse or living room. A 24-foot-high rectangular arch at the north end of the square has become Seattle’s de facto Speaker’s Corner, while the pink granite cubes/columns at the south end — representing Seattle’s seven hills — serve as seats for other activities.”

In a statement, the DSA said that they had “taken action to update the language on our signage about the Seven Hills sculpture in Westlake Park, asking that park patrons be respectful of the art. … We provide ample seating within Westlake Park for all to use, as our goal with this space is to ensure it’s a park for everyone to enjoy.”

Photo by Tim Harris

Last week, the DSA wrote a letter asserting that Third Avenue “has been taken over by criminal activity, including drug dealing, gang warfare, rampant retail theft, daily overdoses, acts of violence, sexual assaults and robberies” and demanding “an aggressive safety strategy for downtown.” The shooting apparently occurred after a dispute outside the McDonald’s at Third and Pine, an area that is frequently described as an “open air drug market:; however, there is no specific evidence yet that it was related to “gang warfare” or drug dealing. 

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At a meeting of the city council’s transportation committee last week, DSA transportation policy director Emily Mannetti suggested that people will no longer “try transit or choose walking and biking if they feel like they could be a victim of violent crime just by coming and going” through downtown Seattle.

Maki’s daughter, the artist Andrea Maki, denounced the DSA’s directive on Facebook as “absolutely unacceptable and antithetical to the artwork, space, design and intent of Westlake Park” and “utterly disrespectful of the art and sculptor. … Interaction with the public and functionality are inherent, hence this signage, the garbage cans and fencing speak to absolute ignorance.” (Andrea Maki did not respond to a message seeking comment.)

The city of Seattle bans people from sitting or lying on downtown sidewalks or camping in downtown parks, but Real Change director Tim Harris, who posted about the signs on Facebook, said “it would be a reach” to interpret the ordinance as banning people from sitting on the bench-height granite sculptures.

2. A CityClub “Civic Cocktail” event last Wednesday featuring the four new city council focused primarily on downtown safety, with a majority of the questions from moderator Joni Balter and one of her two co-moderators, KING 5 reporter Chris Daniels, centering on whether there are enough police downtown and whether the city is doing enough to eliminate drugs and crime in the area. (As Crosscut has reported, the Seattle Police Department increased patrols in downtown Seattle by thousands of hours in the past year—one reason police were able to get to the scene of the shooting almost immediately.)

Alex Pedersen, who represents Northeast Seattle, said “we do need more police officers” to make people feel safe downtown, and added that the city is failing to prosecute enough people for misdemeanor crimes. (Felony crimes are handled by King County Prosecutor Dan Satterburg). Tammy Morales, who represents southeast Seattle, said the city needs to look upstream at “underinvest[ment] in neighborhoods” like those in District 2, which are more diverse and less wealthy than other parts of the city. And Lewis, who has already suggested opening a new storefront mini-precinct near Third and Pine, elaborated on the idea, saying that the area is “an ecosystem that has a McDonald’s, a check cashing place, and a smoke shop, so we need to provide into this ecosystem… more options for folks at Third and Pine who need services.”

3. At the full council meeting this afternoon, Lewis plans to propose an amendment to council member Kshama Sawant’s that could ameliorate concerns from landlords who say they can’t afford to go without income from nonpaying tenants five months out of the year. (The legislation would prohibit landlords from evicting tenants between November 1 through April 1, or nearly half the year.) The amendment would create a mitigation fund that low-income tenants and providers of low-income housing could access to pay rent during those months if the tenant would otherwise be evicted. Pedersen has also proposed an amendment to the bill, which would limit the eviction ban to landlords who own more than four units of housing.

Durkan Proposes Compromise on LEAD Funding, but Supporters Call It a Half-Measure

Mayor Jenny Durkan and the city’s Human Services Department have proposed a partial-funding plan for the Public Defender Association’s Law Enforcement Diversion Program, an arrest-diversion program for people involved in low-level criminal activity that has been replicated in cities across the country. However, the mayor’s plan would only pay to reduce case managers’ existing caseloads, and to eliminate an existing backlog of people referred to the program through “social contacts”—a lower priority for LEAD than new referrals made through arrest diversion, which the PDA considers the heart of the program.

In an email to council members on Monday, Durkan’s homelessness advisor, Tess Colby, outlined what she called a two-phase plan for funding LEAD in 2020. (As I reported earlier this month, the city budget included $3.5 million in new funding for LEAD to reduce caseloads and expand into new parts of the city, but that funding is now on hold pending a study by a consultant.)

The first phase, according to Colby, would include “the costs and timing associated with the ramp-up of staff to reach an appropriate case management ratio that addresses their current client base (roughly 700 persons) and backlog (roughly 300 persons) of clients.”

The second phase would come after the consultant review, which is supposed to wrap up sometime this spring. The consultants are tasked with assessing “LEAD’s approach to diversion and case management in light of its theory of change and national best practices” and coming up with “LEAD-appropriate performance measures,” according to Colby’s letter.

PDA director Lisa Daugaard, who won a MacArthur “genius” Grant last year for her work on LEAD, says the program’s model “breaks” if only existing caseloads and the backlog of social-contact referrals are funded. “LEAD by definition entails responding to new arrest diversions and priority referrals from local businesses,” Daugaard says. “If we don’t help respond to current problems, we’re not an alternative public safety and order strategy—we’re just a case management program for people who, in the past, committed crimes.”

Council member Lisa Herbold echoed Daugaard’s comments at a meeting of her public safety committee on Tuesday, calling LEAD a “public safety program that exists to prioritize responding to emerging public safety and disorder issues that are identified by the communities where we live and work.” Herbold said the mayor’s proposed funding plan “makes it impossible for LEAD to take high-priority arrest referrals, and they cannot operate as a program without being able to” do so.

All four public safety committee members signed on to a letter to Durkan on Tuesday. The letter, written by Herbold, asks the mayor to commit to fully funding LEAD this year; to release the $3.5 million the council has already approved by March 1, with the concession that the contract can be modified after the consultants come back with their report; and to affirm that LEAD is a public safety program, not a homelessness program.

This last point may sound like a small nit to pick, but it gets to the heart of the issue that has led Durkan to hire a consultant to look at LEAD’s approach. LEAD has long been classified as a homelessness intervention and required to meet the same sort of performance metrics as shelters and day centers, such as referring at least 60 percent of all clients to emergency shelters. (LEAD estimates that 70 percent of its clients are unhoused). The PDA has argued that these metrics are not the right ones for for a program designed to improve public safety by reducing crime, and have suggested their own metrics in the past, but the city has continued to treat LEAD as a homelessness program.

Through a spokeswoman, Durkan’s office said the mayor “believes LEAD provides a valuable service to some individuals who have been cycling through our justice system” and “looks forward to continued discussion with LEAD, as Bennett Midland [the consultant] helps us to determine the performance measures that will help us assess the impact of the program on both the individuals they serve and surrounding communities.”