Category: criminal justice

More Details Emerge About Black Brilliance Project’s Research Plan

By Paul Kiefer 

PubliCola has obtained a copy of King County Equity Now’s (KCEN) work plan for the public safety research project that’s intended to lay the groundwork for a participatory budgeting process next year. About $30 million of the $1.5 billion general fund budget is supposed to be allocated using participatory budgeting—a process that enables the public to vote on which projects and priorities they want to fund—next year.

The Seattle City Council finalized a $3 million contract with Freedom Project Washington, a nonprofit that offers programs inside and outside prisons to help with reentry and prevent re-incarceration, to fiscally sponsor and oversee KCEN’s research last week. With the contract finalized and the work plan submitted, Freedom Project Washington now has access to the first $1,250,000 of that total. Freedom Project Washington is allowed to subcontract with other groups to conduct parallel research. Currently, though, KCEN is the group’s only subcontractor.

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The work plan offers the most detailed glimpse yet into the workings of the Black Brilliance Research Project, which KCEN launched in mid-September. KCEN has hired more than 100 paid researchers—largely Black youth—who will work until at least next spring and present findings from their research to the council twice: once in December and again in the first quarter of 2021.

The work plan includes a step-by-step guide for the new researchers, for whom KCEN hopes the experience will be an “opportunity for personal and community growth.” The instructions give the researchers significant leeway in devising their own research areas, questions and methods.

Broadly, the researchers are responsible for studying the “community safety” and “community health” priorities of specific demographic groups; the work plan names “Afro-Latinx people who use wheelchairs” or “second-generation Somali youth” as examples of possible focus areas. The work plan also outlines possible methods for answering research questions: for instance, to study the effectiveness of community response teams as an alternative to 911 responders, the work plan suggests that researchers could measure changes in 911 use after the establishment of a community response team.

In September, KCEN launched an online survey, available in 15 languages, to determine what kind of barriers exist for potential research participants. Since September, 850 people have taken the survey: over half of the respondents have been Black, and a similar proportion have been younger than 34.  According to the survey’s findings, more than half of potential participants would need help paying for gas to attend research sessions, roughly half requested help paying for groceries, and more than a third requested access to high-speed internet, laptops or tablets.

Both the survey and the group’s tentative budget reflect an assumption that much of the research would take place at in-person community meetings and focus groups. According to the “Blueprint for Divestment/Community Reinvestment” released by KCEN and Decriminalize Seattle last summer, the group intended to spend more than $200,000 on transportation and childcare to help research participants attend in-person meetings.

KCEN has not responded to PubliCola’s questions about how they are adjusting their methods to reflect skyrocketing COVID-19 infections and heightened restrictions on in-person gathering. That said, the group has repeatedly noted that they intend to spend a sizeable portion of the contract dollars to improve internet and computer access for potential research participants, which would become essential if the Black Brilliance Research Project shifts to an online-only model.

The work plan does not include a clear explanation of how the research findings will inform the structure of next year’s participatory budgeting process, but it does include a list of preliminary recommendations for changes to the city’s budget priorities, based on feedback from Black respondents to the project’s surveys. These priorities include reducing the size of the Seattle Police Department, more investment in community-based alternatives to policing, and less spending on “government responses to harm,” such as social workers employed by the city.

Mysterious Lobbying Group Pushes Out Misleading Messages on Police Defunding

Change Washington’s website includes this image of former police chief Carmen Best and current fire chief Harold Scoggins surrounded by members of their respective forces. PubliCola has asked whether Scoggins, who has stayed out of the police defunding debate, gave Change Washington permission to use his image for lobbying purposes.

By Erica C. Barnett

This week, Change Washington—a lobbying group established by former Bellevue-area state senator Rodney Tom, along with several Republican donors and a former Zillow executive—sent out an email blast urging recipients to “help us spread the word” about the Seattle City Council’s “dangerous” plan “to weaken our police force without having a backup plan in place.” The call to action is featured on a new Change Washington website called “You Call, They Respond” that specifically targets the Seattle City Council.

Yesterday, the council voted 7-2 against a proposal by council member Kshama Sawant that would halt all police hiring and recruitment in the city. Opponents, including former civil rights attorney (and now council president) Lorena González, argued that a total hiring freeze would lead interim police chief Adrian Diaz to move more detectives in specialty units onto patrol, decimating the department’s ability to investigate domestic violence, elder abuse, and other crimes against vulnerable people. (Earlier this year, as PubliCola reported, Diaz moved 100 detectives onto active patrol duty, boosting the number of officers responding to 911 calls). The police department will shrink this year by about 20 percent, mostly due to officer attrition.

Nonetheless, the “You Call, They Respond” website claims repeatedly that the council is still considering cuts that would “decimate the department’s ability to respond timely and effectively when you need police.” In addition to soliciting donations for Change Washington, the 501(c)4 nonprofit’s call to action includes an email form pre-filled with one of about a half-dozen potential messages. Options include:

I am terrified. Even though the number of incidents and calls for service requiring a police response has more than doubled in the past decade, the total number of police officers will decline under Council’s planned budget. Please throw us a lifeline. Don’t make Seattle less safe. My neighborhood won’t survive.

I feel like you have lost sight of the fact the calls for service in Seattle already include your friends and neighbors who are experiencing either a very bad day or a horrific one. Shame on you. Please work to make Seattle safer. Abandon your plan to cut police by 50%.

Why are you flying blind on issues of policing? Look at the data.  94% of dispatched police responses in 2019 were either Priority 1 (lights and sirens, threat to life), Priority 2 (threat of escalation/harm if help does not arrive soon) or Priority 3 (requiring prompt assistance for a waiting victim). And you want to cut the police force by 50? You have lost touch with reality!

Several claims on the site are misleading or inaccurate. For example, the number of police responding to 911 calls has remained steady or increased over the past two years, even before the police chief moved 100 detectives onto patrol. Since the move, the number of 911 responders has been significantly higher than at any time in the previous year.

According to information compiled by city council central staff, SPD had 536 911 responders in January of 2019. That number was 544 in April, 538 in August, 537 in December, and 563 in April and August. In September, after the transfer, that number increased to 668. During that same period, between January 2019 and September 2020, the number of officers on patrol has increased from 674 to 694 (not “roughly 600,” as one of the calls to action claims).

The fact that most calls are Priority 1, 2, or 3 is not particularly revealing. Although the priority list goes all the way up to 9, the top three priorities account for 97 percent of the time officers spend responding to calls, according to SPD data. Priority 4, which accounts for 1 percent of officer response time, includes things like noise complaints and found property; Priority 5 calls, which make up the remaining 2 percent, include issues such as stolen license plates and injured animals.

It’s unclear who, if anyone, is on Change Washington’s payroll, how much money they’ve raised, or what kind of lobbying-related expenses they’ve accrued. Currently, the city does not require “grassroots lobbyists”—groups that spend money to influence legislation or policy by influencing and mobilizing members of the public—to register as lobbyists or report their funding sources and expenditures.

However, legislation the council will take up later this year could provide more transparency into who’s funding and working for the group. The legislation, which the council will take up December 8, would require grassroots lobbyists to reveal who is funding them, who they are attempting to influence, and what legislation they are seeking to pass, kill, or change. The bill would require detailed monthly reporting, similar to what is already required of people who lobby the city council or mayor directly. It would also expand the definition of “lobbying” to include direct attempts to influence non-elected city staffers.

Change Washington did not immediately respond to an email sent early Friday afternoon requesting information about their funding sources and the information included on the “You Call, They Respond” website. According to Change Washington’s website, “we think there’s room in the political center to find common ground for common sense, data driven governance that moves Seattle and the state forward.” That mission statement fits with the center-right goals of the mostly Republican “Majority Coalition Caucus” Tom formed in the state senate the early 2010s, but it’s pretty far out of step with the current Seattle City Council, which includes just one member, Alex Pedersen, who has consistently raised alarms about cutting SPD’s budget.

Domestic Violence Intervention Project Experiments with Restorative Justice for A Stigmatized Group

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By Paul Kiefer

In early November, in a hallway on the tenth floor of the Seattle Justice Center, a middle-aged man in an untucked polo shirt waited for his name to be called. In the courtroom next to him, Seattle Municipal Court Judge Adam Eisenberg was wrapping up a string of DUI probation hearings; in the hallway, defense attorneys mingled with anxious probationers, none of whom looked pleased to be there on a Monday afternoon.

Judge Eisenberg spoke to the DUI defendants in a firm, measured tone. “We’re very excited that you’ll be going to law school,” he told a young man who turned up in a tidy suit, “but it’s also a little alarming that you’re here.”

But the judge’s demeanor softened when the man in the polo shirt walked through the courtroom’s double doors and took his place at the defendant’s table. “How are you feeling? How is everything going?” he asked. Immediately, the interaction felt far more personal than the hearings that preceded it.

The man is one of roughly 60 participants in the court’s Domestic Violence Intervention Program (DVIP), a treatment program for defendants with misdemeanor domestic violence convictions that provides court monitoring, group and individual counseling, and referrals to substance abuse or mental health treatment providers as necessary. The program, which is still in its pilot stage, has been operating with little publicity or fanfare since June 2018. However, with alternatives to policing and incarceration front-and-center in Seattle’s political discourse, DVIP has taken on new significance as one of several promising experimental public safety programs in the city.

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Unlike people facing charges for misdemeanors like shoplifting or drug possession, domestic violence defendants haven’t received much attention—or sympathy—in recent discussions of alternatives to policing and incarceration. The belief that domestic abusers are best held accountable through probation or incarceration has not disappeared, but the shift towards a rehabilitative approach is relatively widespread. And while domestic violence offender treatment programs have existed for decades in the United States, until the past decade, most of those programs treated domestic abusers as fundamentally different from other criminal defendants.

“For a long time, domestic violence was siloed,” said Tara Richards, a professor of criminology at the University of Nebraska at Omaha who is leading an independent review of Seattle’s DVIP. Domestic abusers, she said, were typically treated as unique among violent offenders; as a consequence, they rarely received attention in conversations about rehabilitation. Continue reading “Domestic Violence Intervention Project Experiments with Restorative Justice for A Stigmatized Group”

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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PubliCola is supported entirely by generous contributions from readers like you. If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going—and expanding!

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

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”

Council Staff: Mayor’s Proposals Could Promote “Racism Cloaked in the Language of Anti-Racism and Equity”

By Erica C. Barnett

Foreshadowing what will likely be a heated debate over Mayor Jenny Durkan’s plan to wall off $100 million in the city budget for future “investments in BIPOC communities” that will be decided by an Equitable Investment Task Force appointed by the mayor, Seattle City Council central staff released an unusually blunt memo last week cataloguing potential issues with the mayor’s plan.

The memo raises two high-level issues with Durkan’s proposal. First, according to the staffers, it duplicates work that the city has already done, perpetuating the city’s practice of asking members of marginalized communities to provide recommendations again and again without ever taking action on those recommendations.

“These different and potentially overlapping processes and funds raise concerns that the Council has expressed in previous years regarding a lack of alignment of efforts around the criminal legal system and insufficient application of racial equity analyses, as well as the challenges of successfully doing anti-racism work in a racist institution,” the memo says.

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PubliCola is supported entirely by generous contributions from readers like you. If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going—and expanding!

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

Just this year, for example, the mayor has proposed: A new Community Safety Work Group to “integrate community input into policy changes and operationalize community priorities to reshape community safety and policing in Seattle”; a “functional analysis interdepartmental team” (IDT) that would offer advice on “reimagining community safety”; a Joint Community Safety IDT to “advise upon and implement policies to reinvent policing and re-imagine community safety in the City of Seattle by centering the experiences of BIPOC communities”; a Functional IDT to decide how to transfer some functions of SPD, such as 911 dispatch, out of the police department; and the Equitable Investment Task Force, which is supposed to decide how to spend $100 million on “BIPOC communities.”

Those new efforts come on top of ongoing initiatives such as King County Equity Now’s Black Brilliance Project; plans for participatory budgeting in 2021; and $1.1 million the council previously allocated to groups working to create alternatives to the criminal justice system, such as Community Passageways and Creative Justice. Durkan’s 2021 budget would eliminate this funding.

Durkan’s communications director, Kamaria Hightower, said the processes the mayor has proposed are necessary counterweights to the council’s impulse to rush forward and cut the police department without a plan. For example, she said, the interdepartmental teams are necessary to figure out how to restructure the police force in an orderly way. “[T]he Council committed to 50 percent reductions [to SPD] without outlining a comprehensive plan or timeline for steps to reimagine policing and building the right community safety alternatives,” Hightower said.

“While Council may disagree with the Mayor’s timeline or the analysis on 911 calls and staffing, the Mayor thinks this work is critical and that the community should be engaged in the decisions that are being made about safety in the City.” Continue reading “Council Staff: Mayor’s Proposals Could Promote “Racism Cloaked in the Language of Anti-Racism and Equity””

Next Month, King County Voters Will Decide On the Future of the Sheriff’s Office. Here’s What’s at Stake

by Paul Kiefer

A pair of amendments to the King County charter on the ballot next month open a door for significant reshaping of the King County Sheriff’s Office (KCSO). The measures have sparked two opposition campaigns — one closely tied to the King County Police Officers’ Guild (KCPOG), which represents sheriff’s officers — that have cast the amendments as radical attacks on law enforcement, while the measures have received limited vocal support from the most prominent local police accountability advocates.

The first amendment, Charter Amendment 5, would make the King County Sheriff an appointed, rather than elected, position. The second, Charter Amendment 6, would grant the King County Council the ability to set the structure and duties of the sheriff rather than relying on the duties specified in the state code. While the amendments’ sponsors, including council members Rod Dembowski and Girmay Zahilay (who wrote a PubliCola op ed supporting it), crafted the ballot measures to stand independently of one another, their practical implications and political significance have bonded the two measures together. In fact, in a July 14th council meeting, council member Claudia Balducci called them the legislative equivalent of a “Reese’s peanut butter cup”: a natural pair.

For their most vocal proponents, namely Dembowski and Zahilay, the amendments are vital steps towards an accountable sheriff’s office with a more appropriate scope of duties and a sheriff that better represents the needs of the King County residents they serve. The opponents of the amendments, including the sheriff’s guild, cast the measures as part of the broader “defund” movement to undermine law enforcement and as a power grab by the executive and the council.

As contemporary as those arguments may seem, they’re part of a longstanding debate in King County. In November, voters will face a choice between two paths for KCSO; both have been tested in the county before, and neither has transformed the department in the ways the amendments’ opponents fear or the ways their champions hope.

Continue reading “Next Month, King County Voters Will Decide On the Future of the Sheriff’s Office. Here’s What’s at Stake”

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”

King County Executive Highlights Criminal Justice Reform in Budget Preview

By Paul Kiefer

On Wednesday afternoon, King County Executive Dow Constantine previewed a number of new programs he will propose as part of his 2021-2022 county budget plan next week, including alternatives to jail, community-based public safety alternatives, and divestments from the current criminal legal system. “We took up a simple refrain to guide our budget: divest, invest, and reimagine,” Constantine said. “As we support community members in co-creating our shared future, we make an important down payment on building a strong, equitable, and racially just county.”

Toward that end, Constantine proposed spending $6.2 million over the next two years on a new program called Restorative Community Pathways. According to Department of Public Defense Director Anita Khandelwal, the program would refer 800 juvenile offenders away from the criminal justice system per year and instead provide “community-based support, mentorship, and targeted interventions.”

Those services would be provided largely by the three nonprofits involved in the program’s development: Community Passageways, Creative Justice, and Choose 180, which also all contract with the City of Seattle for violence prevention or youth diversion programs. The initial $6.2 million investment would also fund support for victims of crimes and a new “restitution fund,” which would cover court-mandated fines and financial obligations for juvenile offenders who can’t afford them.

According to a press release from Constantine’s office, the county hopes to get the program off the ground by 2022, and “eventually” fund it entirely through cost savings from the King County Superior Court, the Department of Public Defense, and the King County Prosecutor’s Office.

Constantine’s budget proposal also includes $2.7 million for restorative justice services for adults facing their first criminal charges for nonviolent crimes. According to King County Prosecutor’s Office spokesman Casey McNerthey, the program would primarily serve those charged with property or low-level drug crimes, but could also include other nonviolent offenders. The adult program would rely on the same three nonprofit partners responsible for Restorative Community Pathways.

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After the press conference, Community Passageways CEO Dominique Davis told PubliCola that his group would assume responsibility for felony diversion, while Creative Justice would manage other elements of both restorative justice programs. Community Passageways doesn’t take referrals for anyone older than 27, but if the county decided to expand the program to serve people over 27, Davis is hopeful that other nonprofits could pitch in. “If in the first year we actually save the city and the county a lot of money [in court and incarceration costs], then we could tap groups like LEAD that already work with older adults,” Davis said. “We really don’t need to reinvent the wheel.”

The proposed restorative justice programs would work in tandem with Constantine’s vision of a $1.9 million decrease spending on the the county jail. “With fewer people in jail,” Constantine said, “we will be able, in this biennium, to close one of the [12] floors of the downtown jail.” Since the beginning of the year, the county has already reduced the jail’s daily population from 1,900 to 1,300, and Constantine said he intends to continue that downward trend and increase the county’s savings in future years.

Constantine also proposed transferring $4.6 million of the county’s marijuana tax revenues from the sheriff’s office to three new programs: one helping those with past marijuana convictions clear their records and settle unpaid court fines and restitution; a “youth marijuana prevention” and employment program run by the county’s Department of Local Services in unincorporated King County; and a “community-centered advisory body” that would determine how the county spends marijuana tax revenue in the future.

The county also plans to suspend fare enforcement on King County Metro buses, even as they reinstate fares in October, and reassess the county’s $4.7 million fare enforcement contract with the private company Securitas. Interim Metro general manager Terry White added that when fare enforcement resumes in 2021, Metro will “use non-fine alternative approaches” for those who can’t afford to pay fare, ranging from community service to providing connections to social service agencies.

Constantine will present his budget to the King County Council, which has final say over most aspects of the proposal, on September 22.

Interim Police Chief Diaz Explains Plan to Transfer 100 Officers to Patrol

By Paul Kiefer

In his first appearance in his new role, Interim Seattle Police Chief Adrian Diaz joined Mayor Jenny Durkan Wednesday to explain why he’s transferring 100 officers to the 911 response team within the month.

Diaz first announced the move in an SPD Blotter post on Tuesday afternoon, saying his intent is to “better align department resources with our mission statement and community expectations” by emphasizing patrol roles (officers responsible for responding to 911 calls) which he called the “backbone” of the department.

Diaz said today that his goal is to move “at least half” of SPD’s officers to patrol positions, as well as half of the supervisorial staff (lieutenants and sergeants). He explained that about 40% of the 100 officers who will transfer to patrol by September 16th will leave units that currently serve patrol-like functions, including officers in the anti-crime unit, traffic enforcement ,and community policing. The rest of the new patrol officers will come from a variety of the department’s other specialty units,. Those units, Diaz said, were adopted over the past several decades “at the cost of [SPD’s] 911 response,” adding that “considering current personnel and budgets, these specialty units are a model we can no longer afford.”

The dramatic move came just a week after Durkan issued a sharp rebuke of the council’s vision for downsizing SPD by vetoing their midyear budget rebalancing package. That council package included several ordinances that would have cut 100 positions from the department—largely through attrition, but also including targeted cuts in several specialty units, including the harbor patrol, the mounted unit, and the misleadingly named homeland security unit (generally assigned to provide security at large events).

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One of Durkan’s most consistent criticisms of the package was that the job cuts would lead to slow 911 response times to even the most serious crimes, including rape and home invasions. But the council responded by pointing out that 56% of all 911 calls in Seattle are for non-criminal situations; they recommended a more effective protocol for triaging SPD 911 response that would prioritize critical incidents and vulnerable populations, ensuring fast response times when they are most necessary. The council hasn’t yet voted on whether or not to override the mayor’s veto.

According to Durkan, the shift was largely spurred by demands she’s heard from “every neighborhood in the city,” both for faster 911 response times and for greater community engagement. “Officers don’t have the time they need to know the residents and businesses of the neighborhoods they serve,” Durkan said, “and many times it’s because they were responding from call to call.”

She and Diaz both said increasing the number of officers on patrol would allow officers to respond faster and respond to a wider array of calls—including “Priority 2” calls, which SPD defines as “altercations or situations which could escalate if assistance does not arrive soon.” 

Diaz said it would also give officers more time to “identify the underlying issues [on their beats] and start relationships with renters, homeowners, the neighborhood watch, the business owner, and the person living outside.” And while some of the transfers would come from the community policing unit, Diaz’s indicated the new patrol officers would be expected to shoulder some responsibility for community policing themselves.

Durkan brushed off questions from the press about the contrast between the increase in patrol officers and the concerns of the Defund SPD movement about  interactions between SPD and the public, arguing that she’s heard more consistent calls for efficient 911 response. “We know we still need police,” she argued. “We rely on them to provide public safety.”

Durkan and Diaz also said the shift will help cut the department’s overtime costs by scaling down the more overtime-heavy specialized units and increasing the number of patrol shifts.

Durkan pointed to this year’s spike in homicides—up 44% from last year in King County, according to the King County Prosecutor’s Office—as another justification for the reshuffling. She said the move will “help…officers arrive at scenes more quickly, give victims the help they need, help first responders and find perpetrators.” However, she acknowledged that “policing alone cannot and will not solve” the rise in gun violence. She said  “upstream” investments in education and diversionary programs were a key part of the solution, as well as “trusted community partners who can deescalate situations and provide alternatives to the criminal justice system.”

For the time being, Diaz said, he intends to move at most two detectives per specialty unit, such as Domestic Violence or Sexual Assault; those detectives’ caseloads will be transferred to the staff remaining on those specialized units. He said one of his goals is to minimize the effect of these transfers on the department’s case closure rate and the speed of investigations. (Patrol officers do not conduct investigations).

In keeping with the conditions of the Seattle Police Officers Guild contract, Diaz said the first detectives to be reassigned to patrol will be those who most recently joined specialty units, and therefore those who have the most up-to-date training as patrol officers. However, Diaz added that detectives who haven’t been on patrol duty for several years will receive “updated” training during the coming two weeks to learn new patrol rules and procedures.

But Office of Police Accountability Director Andrew Myerberg doesn’t think that last-in, first-out approach to transfers will last, and in fact, could exacerbate a potential officer shortage. “The OPA expects to see SPD staffing shortages for the next year, if not longer,” he said. “And we think we might see a rise in senior officers retiring instead of going back onto patrol,” he said.

That would mean more patrol vacancies, and potentially more transfers from the specialty units to fill those vacancies, which, in turn, would leave the remaining detectives in the specialty units with much larger caseloads. He said his office will play a role in retraining officers for patrol, “understanding that there are going to be officers who come onto patrol for the first time in years.”

Despite her recent veto of the council’s proposed 2020 budget revisions, the mayor said she thinks the council will “respond very positively.”

Lisa Herbold, the chair of the council’s Public Safety Committee, told The C is for Crank that she had the chance to discuss the shifts with Diaz after his announcement. She said she supports his authority to make deployment decisions, and she “appreciate[s] that he wants to do more to improve 911 response time.”

However, she sees some bumps in the road ahead. For instance, Herbold said she supports the idea of increasing the number of shifts, but added that “it was [her] understanding that contract negotiations with SPOG will be necessary” to make those changes.

Herbold said she hopes Diaz’s yet-to-be-disclosed decisions about which specialty units will use officers align with the council’s proposals this year for downsizing some SPD units. “It would have been great to know more about whether the executive and Chief Diaz looked at the specialty units the council identified to be reduced,” she said. “And even if there’s disagreement between the Council and the Executive about whether the Navigation team should exist, I’d hope the mayor and the chief would consider moving some officers off that team.”

In the coming week, SPD is giving officers the opportunity for officers to indicate their preferred assignment before ultimately deciding which officers to reassign to 911 response.

Terry J. Caver, The Black Man Killed By SPD Officers In May, As Remembered By His Family

Painting of SPD shooting victim Charleena Lyles outside the boarded-up Seattle Police Department East Precinct in June

By Paul Kiefer

Vanessa Caver learned of her brother’s killing several days after Seattle police officers shot Terry J. Caver near an intersection in Lower Queen Anne on May 19th. Her daughter called her unexpectedly to pass along the news. A few more days passed before she got a call from a Seattle Police Department sergeant who wanted to ask if she wanted to talk about her brother’s death. “I didn’t know what to talk about,” she explained when we spoke this week. “And the sergeant couldn’t tell me anything.”

Local news outlets covered the shooting only briefly on May 19. A day later, a post on the SPD Blotter identified Christopher Gregorio and Matthew Milburn as the officers who had fired at Caver and said that the department’s Force Investigation Team was looking into the incident.  As is standard after most shootings by SPD officers, the department did not release the name of the victim. The C is for Crank first learned Caver’s name from the King County Medical Examiner’s office on Tuesday, nearly three months after his death.

According to the 911 calls and bodycam footage shared in SPD’s blog post, at least five officers arrived at the intersection of West Harrison Street and Elliott Avenue West in response to a series of 911 calls describing a man waving a knife at passersby. By the time the police arrived, there were no longer any pedestrians near Caver, who was still standing on the sidewalk. The officers stepped out of their cars and shouted at him to drop to the ground. At that point, he started to walk south on Elliott.

“I don’t understand why they had to kill him. I guess in their mind, he was a nobody.”—Vanessa Caver, Terry Caver’s sister

As the officers started to chase him, Caver broke into a run, shouting “you’re going to have to kill me.” He dropped a piece of clothing, revealing what appeared to be a kitchen knife. The officers fired a Taser at Caver, but they claim it did not have any effect. Caver suddenly stopped and turned to face the officers (or, if the Taser did have an effect, turned as his knees buckled), and Gregorio and Milburn shot him several times. Caver crumpled onto the sidewalk, and medics from the Seattle Fire Department pronounced him dead when they arrived. Based on the bodycam footage, the entire encounter lasted less than a minute. Terry Caver was 57 years old when he died. Like more than a third of all those shot by Seattle police in the past decade, Caver was Black.

When Vanessa heard that her brother had been carrying a knife and acting erratically, she knew what had happened.

Terry Joel Caver was born in Birmingham, Alabama in April 1963. He was one of three siblings: Vanessa is his older sister, and his other sister died years ago from health problems. His mother was only briefly married to Caver’s father, and before he turned ten, she moved with her children to the San Fernando Valley in Los Angeles County.

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By his sister’s account, Caver was lovable and bright. “Even if he hadn’t been my biological brother, he would have been my best friend,” she says. And even as a child, Caver was apparently generous to a fault. “He would do anything for anybody, anytime,” his sister recalls.

As he neared his early twenties, Caver began to rack up felony charges, mostly for burglaries in northern LA County. According to his cousin, Gwendolyn Taylor, Caver bounced in and out of jail for years, never quite finding his footing before he landed in court again. That cycle consumed most of his young adulthood.

Once he moved to Washington to be near his sister, Terry Caver’s mental health struggles overwhelmed him. His sister says he constantly feared that someone was following him “to finish him off,” prompting him to almost always carry a knife to protect himself.

Caver’s trajectory took a turn for the worse after he was released from a stint in prison in 2010 and returned to his home in the San Fernando Valley. There, a drive-by shooting left Caver temporarily in a wheelchair after he survived nine gunshot wounds. His sister, who lives in Everett, brought him to Washington to stay with her while he underwent further treatment at Harborview Medical Center; his sister says he left with a plate in his ankle to help him walk again.

According to Vanessa Caver, the shooting in California was the breaking point for her brother. In its aftermath, he was diagnosed with paranoid schizophrenia. She believes the shooting triggered the onset of his mental illness. Taylor shares that belief, and she thinks that his brief detention as a witness to the shooting only exacerbated the trauma. A doctor prescribed Caver a medication to help manage his schizophrenic episodes; it’s unclear whether he was taking his medication at the time of his killing.

Once he moved to Washington to be near his sister, Terry Caver’s mental health struggles overwhelmed him. His sister says he constantly feared that someone was following him “to finish him off,” prompting him to often carry a knife to protect himself. Though he often stayed in her apartment, she says he didn’t always feel safe there, either. “He would think there was someone else in the house,” she says. As a result, he periodically found himself homeless.

Court records show that he was charged with a few minor assaults in Seattle and Everett, which his sister believes stemmed from other mental health episodes. He was also arrested for non-violent incidents. His cousin recalls him being arrested in Las Vegas after breaking into an empty apartment and refusing to leave; another record from the Washington Court of Appeals describes an incident in 2016 in which Caver was arrested for possession of methamphetamine after he called 911 to ask to be taken to a mental health treatment facility.

In the latter case, court documents show that Caver was carrying a pocket knife, but after talking to police, he placed it on the ground. In the initial trial, the arresting officer justified placing Caver in the Snohomish County Jail during a mental health crisis by explaining that “the jail [had] available mental health professionals and separate housing for inmates with mental health issues.” For his part, Caver requested that he be allowed to wear his jail clothes to the trial. “It represent[s] what’s really going on in my life,” he explained to the judge. “I don’t want these people thinking that I’m on the streets when I’m not on the streets.” The court denied his request, claiming that “it causes much mischief if the defendant is clothed in regular jail garb.”

His cousin, Taylor, says that no matter his mental state, Caver always gave her a call as soon as he was released from jail. “He somehow always knew my number,” she says. “He would lose his phone, his phone would break, but he always remembered it.”

As Vanessa Caver made clear, her brother’s life in Washington was not wholly defined by his mental illness. Her fondest memories are of his most enduring quality: his generosity. When he first arrived in Everett in the early spring of 2010, Vanessa remembers buying her brother a leather coat to help withstand the cold. Only a few hours later, her brother returned coat-less, having given the gift to a man at a bus station. “I had a sweater and a hoodie,” he explained to his sister. “The other guy looked cold.” His sister says he was also a regular volunteer at a local soup kitchen; she’s sure he had become well-acquainted with some police officers in the process. “He said they told him he was doing a good job,” she remembers.

Terry Caver also made some attempts to get on his feet while in the Northwest. After returning from Las Vegas, he moved into a substance abuse recovery house, only to return to his sister’s apartment after realizing his roommates had taken his clothing and shoes. Later, she remembers him receiving a voucher for affordable housing. “He went down to Seattle to look for a place to live,” she said, “because he wanted to continue helping the homeless.”

While in Washington, Caver also converted to Islam and became a steadfast attendee at a local mosque. His sister doesn’t know the name of the congregation, but she admired his piety. “He tried to convert me,” she said with a chuckle, “but every time we would just start talking about the Lord. He loved the Lord.”

But Caver was still regularly overwhelmed by paranoia and fear caused by his mental condition. His sister can only imagine how afraid he was when he was reported waving a knife at pedestrians in Lower Queen Anne just before he was killed. “I’m sure he thought they were going to try to finish him off,” she says.

She thinks his mental crisis was made worse when police arrived on the scene. “If there had been one or two officers, they could have talked to him. He always listened. If they had talked to him, got him to sit down in the patrol car, he would have felt safer. But there were too many officers, so he was scared,” she explained.

She hasn’t been able to bring herself to watch the video of the shooting, but she is sure that her brother didn’t have to die. “If they had to stop him, they could have just shot him in the foot, taken him to the hospital and then taken him to jail,” she says. “I don’t understand why they had to kill him. I guess in their mind, he was a nobody.” Over the phone, she drew a comparison between her brother’s death and that of Charleena Lyles, the 30-year-old Black woman killed by Seattle Police officers in Magnuson Park in 2017 in front of her children (Lyles was also pregnant at the time). “They knew [both Lyles and Caver] were having mental health crises. They just needed to slow down and talk,” she said.

The current SPD policy manual does not provide specific instructions for responding to people with knives. The manual does instruct officers to de-escalate when “safe and feasible,” and the manual’s guidelines for de-escalation recommend that officers consider “whether any lack of compliance is a deliberate attempt to resist rather than an inability to comply based on factors including… behavioral crisis” and that they make an effort to slow down interactions and maintain a safe distance from suspects. In Caver’s case, the officers surrounded him on three sides (by the time officers fired, his only route of escape was into a dead-end parking lot) and repeatedly shouted at him to drop to the ground.

Both because of pandemic-related public health recommendations and because her brother was uninsured, Vanessa Caver and her family weren’t able to hold a proper funeral for her brother. His cousin paid for his body to be cremated and delivered to her apartment in an urn. “I couldn’t sleep at night knowing that urn was in the other room,” she says. The next day, her daughter arrived to drive Vanessa – and the urn – to her home in southwest Washington, where the family had a memorial dinner.

Vanessa Caver says her daughter has been in contact with a lawyer to discuss the case. For now, though, she is still trying to wrap her head around her loss. “I don’t have any siblings left,” she says.

According to Andrew Myerberg, the director of Seattle’s Office of Police Accountability (OPA), the police department’s Force Investigation Team will present their findings about the shooting to the Force Review Board—an eight-member panel that includes both Myerberg and the city’s Inspector General as non-voting members —sometime soon. Myerberg says that his office did not receive or file any complaint that would trigger an OPA investigation.