Category: Police

Court Approves City Attorney’s Motion to Clear Outstanding Prostitution Warrants

Seattle Municipal Courthouse
Seattle Municipal Court image via SMC Facebook page

By Paul Kiefer

On Thursday morning, a Seattle Municipal Court Judge approved a motion by Seattle City Attorney Pete Holmes to quash all outstanding warrants for misdemeanor prostitution, including some issued well over a decade ago.

The motion, which Holmes’ office filed last Friday, requested that the court dismiss 37 warrants involving 34 people arrested for selling sex between 2001 and 2019; the office also asked the court to dismiss cases or vacate charges against the individuals named in the warrants, on the condition that a future city attorney cannot refile the cases at a later date. The warrants represent less than one percent of the outstanding warrants issued by the municipal court.

The City Attorney’s Office hasn’t prosecuted anyone for selling sex since 2019, when the Seattle Police Department ramped up arrests and sting operations targeting both sex workers and buyers in response to public pressure driven by an increase in the presence of sex workers along Aurora Avenue North—an uptick partially driven by the federal shutdown of Backpage, a website sex workers used to find clients. Because Seattle’s pre-arrest diversion programs were stretched to capacity, officers booked dozens of sex workers into the King County jail; the City Attorney’s Office opted not to file charges against most of them, though eight of the warrants quashed on Thursday stemmed from charges that the office filed in 2019.

Lisa Daugaard, the executive director of the Public Defender Association and co-founder of Let Everyone Advance with Dignity (LEAD), previously known as Law Enforcement Assisted Diversion, told PubliCola on Thursday that public criticism of SPD’s arrests in 2019 likely prompted the department to reverse course. The change in police department leadership (from Carmen Best to interim chief Adrian Diaz), the COVID-19 pandemic, and SPD’s ongoing staffing challenges also played key roles in curtailing low-level arrests in general, Daugaard added.

The City Attorney’s Office has also seen a sharp decline in the number of sex buyers the police department refers to the office for charging. Because of a delay between arrests and filings, the office received 88 referrals in the first two months of 2020—sex buyers arrested during SPD sting operations the previous year—but only a single case between early March and the end of the year. In 2021, SPD has only referred four sex buyers to the office for charging.

The City Attorney’s Office did not attempt to contact the people subject to outstanding prostitution warrants before filing the motion; Holmes spokesman Dan Nolte told PubliCola on Wednesday that his office planned to wait until the court accepted their motion before reaching out.

Port Police Review Suggests Hiring, Use-of-Force Policy Changes

By Paul Kiefer

With the Seattle Police Department at the center of attention during city-wide protests in the summer of 2020, the Port of Seattle took the opportunity to launch a sweeping review of its own police department.

Although the Port Commission did not launch the review in response to public criticism of Port police, the department’s reputation was on shaky ground. When protests erupted at the end of May, Port police officers joined SPD during widely scrutinized clashes in downtown Seattle, and in June, the department placed its chief, Rodney Covey, on administrative leave pending the outcome of an investigation into allegations that he discriminated against a Black officer.

A month later, with the department in the hands of acting chief Michael Villa, a task force led by the Port’s director of equity and the president of the Port’s Black employee resource group began sifting through the policies and practices of the Port police.

To steer the task force, the commission tapped national police consulting firm 21CP Solutions, a firm replete with former SPD leaders, including former Seattle Police Chief Kathleen O’Toole, former SPD Chief Operating Officer Brian Maxey, and former Seattle Police Chief Carmen Best.

The task force presented the final product of its year-long review to the Port Commission on Tuesday, offering a mostly positive assessment of the department with some notable suggestions for improvement.

Most of the group’s recommendations involved the department’s policy manual, which relies heavily on a service called Lexipol—a library of boilerplate law enforcement policies that subscribing agencies can modify to match local laws. The reviewers deemed many of Lexipol’s policies “overly complex and technical, hard to comprehend, [and] disjointed,” and noted what while the Port police can adjust the policies to make them easier for officers to understand, the department has modified only 45 percent of the Lexipol policies in its manual.

The task force also outlined a slew of changes to bring the department’s policy manual in line with statewide standards for law enforcement and the department’s on-the-ground practices.. Notably, Port police policies don’t currently require officers to de-escalate confrontations when feasible.

The review could not account for 11 uses of force by Port police officers during protests in downtown Seattle and Tukwila in May  2020, including the use of tear gas, in part because the Port police only started wearing body cameras this year, after a new state law forced them to do so.

When reviewing the remaining 90 incidents between 2018 and 2020, the consultants found that officers typically tried to use some de-escalation tactics even in the absence of an explicit requirement in their policy manual. Because of the lack of body-camera evidence to corroborate these officers’ accounts, the reviewers noted that their analysis was “only as deep as the reporting was accurate.”

The majority—75 percent—of these 90 incidents took place at SeaTac airport; the rest happened on or near Port properties in South King County, the Duwamish shoreline, and the Ship Canal.

More than half of the department’s uses of force involved trespassing calls, which are a rough proxy for responses to unhoused people on Port properties, particularly at the airport. The people on the receiving end in these incidents were disproportionately Black, whereas almost all uses of force against “members of the traveling public” at Port facilities involved white people, who were generally intoxicated, experiencing a mental health crisis, or both. While the reviewers largely avoided criticizing the officers’ decisions to use force, they raised concerns about two incidents in which officers used force to take people into custody for trespassing instead of simply allowing them to leave the airport.

In response, the task force recommended that the department shift away from a “police response to homelessness,” which they argued could also drastically reduce racial disparities in the department’s uses of force. The department recently hired a sworn officer with a background in social work to fill a new crisis coordinator position, which launched as a pilot last month. The goal, Villa said, is to “reduce the number of people experiencing homelessness at the airport” by referring unhoused people to services elsewhere in King County.

The report found that officers of color were more likely to report feeling undervalued and excluded from opportunities than their white coworkers; interviews with department staff later clarified that the officers’ concerns stem from perceived “cronyism” within a mostly white group of department staff. To address equity and fairness concerns, the task force recommended the department adopt formal policies to address conflicts of interest in the disciplinary process and reduce opportunities for bias during promotion decisions. The reviewers also suggested that the department develop a plan for recruiting Latinx and entry-level female officers; the department currently employs only one Latinx officer, and it has not hired a woman for an entry-level sworn position in three years.

The department has six months to create a plan to implement the recommendations. Deborah Jacobs, the former head of King County’s Office of Law Enforcement Oversight and one of the outside experts who participated in the review, believes the department is on firmer footing than other police departments that have faced similar reviews. “These aren’t the kinds of extreme issues we see in some other departments: these are fixable,” Jacobs said. But like all police departments, she added, the most intractable challenges—and the most difficult to pin down—are cultural. “As we have seen time and time again, culture eats strategy and policy for lunch.”

Seattle’s Newest Department Aims to Change the City’s Response to Crisis Calls

Health One, a Seattle Fire Department program that responds to low-acuity crisis calls, is a relatively new alternative for 911 dispatchers.
Health One, a Seattle Fire Department program that responds to low-acuity crisis calls, is a relatively new alternative for 911 dispatchers.

By Paul Kiefer

The last time Seattle launched a new department—Seattle Information Technology, which brought IT staff from across the city under one roof—the consolidation took years. “In contrast, we had about eight months,” said Chris Lombard, who leads the city’s newest department: the Community Safety and Communications Center (CSCC), which began work at the beginning of June.

In some ways, creating the CSCC involved fewer moving parts than the infamously messy set-up of the massive citywide IT department. When plans to move the parking enforcement unit to the CSCC fell through this spring, Lombard was left overseeing a single, crucial, service: Seattle’s 911 call center. The center, historically a civilian unit inside the Seattle Police Department, will play a key role in the city’s efforts to shift away from a police-centric approach to public safety, and the city’s decision to house the 911 call center in the department was one of the first concrete steps in that effort.

On the surface, the 911 call center hasn’t changed much since it left SPD. The dispatchers sit in the same cubicles in the same unmarked office. On one side of the room, call-takers try to draw out the most pertinent information from people in distress while racing the clock; on the other, dispatchers direct police officers to high-priority calls; and in the middle, a team of supervisors watches from a raised platform.

When a call-taker thinks that an emergency would be better handled by the Seattle Fire Department—an agency with more response options than SPD—they reach out to the fire department’s internal dispatch center, which was Lombard’s turf before he joined the CSCC. “Right now, [the fire department] is the gateway to a lot of resources, like mental health care or clinical referrals,” Lombard explained. “On our end, we’re still trying to figure out how we can connect people to more resources.” Last year, the 911 center transferred 17 percent of calls to the fire department.

Brandie Flood, the director of community justice for REACH, cautioned that housing and health care providers who can offer long-term support to people in crisis are already overstretched. “We could add a bunch of other response teams, but if there aren’t new or expanded pathways to get people in crisis the kind of back-end services they need, we just have too many cooks in the kitchen,” she said.

But the city’s goal in transferring the 911 call center to the CSCC wasn’t merely to reduce the role of the police department on paper. Practically every elected official and candidate for city office has voiced their support for scaling back SPD’s responsibilities by diverting more emergency calls to non-police responders. As new options become available to respond to emergency calls, the 911 dispatchers will be responsible for deciding who arrives on the scene first—police, the fire department, or civilian mental health specialists, for example.

For now, dispatchers are still limited to two options: police or fire. The city’s big plans for the CSCC are still on the horizon, and in the meantime, Lombard and his staff are sorting out the basics. The center hired its first human resources staffer within the past month, but other vacancies have been hard to fill. “Even though 911 operations were a civilian section within SPD, a prospective applicant had to go to SPD’s website to find job listings,” he explained. “It’s no secret that the police department has been struggling to get recruits, and [the 911 center] got caught downwind and fell victim to the same trend.”

At the same time, Lombard added, the existing CSCC staff are still processing the significance of their departure from SPD. For some long-time employees who were loyal to SPD, Lombard said that the shift has been “almost like a divorce.” But for other employees who felt taken for granted by SPD, the prospect of eventually taking a more active role in the city’s public safety system is a welcome change. “This is exciting for a lot of the staff,” said Lombard. “For the first time, they feel like the focus will be on us and what we can add to emergency response.”

The other potential game-changer in reducing the number of calls the 911 center refers to police is the rollout of the state’s 988 system next year. During the last state legislative session, lawmakers approved a plan to stand up a new statewide crisis hotline for mental health emergencies

One of the first chances for dispatchers to play a larger role in the crisis response system could come with the eventual launch of a program tentatively known as “Triage One,” a team of civilian responders who the 911 center could dispatch in lieu of police to respond to low-acuity, non-medical crisis calls. The Triage One proposal is modeled partially after the fire department’s Health One units, and the city council is still considering whether to house the program in the fire department or the CSCC.

If the Triage One units become part of the CSCC, 911 dispatchers would be able to communicate directly with the units, giving dispatchers a third option (in addition to police and the fire department’s internal dispatch system) when deciding where to direct an emergency call.

The other potential game-changer in reducing the number of calls the 911 center refers to police is the rollout of the state’s 988 system next year. During the last state legislative session, lawmakers approved a plan to stand up a new statewide crisis hotline for mental health emergencies. The 988 hotline will have three dispatch centers across the state, including one that covers all of King County; among other responses, the dispatchers will be able to send civilian mental health specialists to respond to emergencies. Continue reading “Seattle’s Newest Department Aims to Change the City’s Response to Crisis Calls”

Last-Minute Push for SPD Hiring Incentives Fails, Feds Impose New Rules on Consent Decree Monitors

1. The City Council voted on Monday to shore up several of its own priorities for rethinking public safety using $15 million in savings from salaries left unspent by the Seattle Police Department after another year of abnormally high attrition.

The council left almost two-thirds of the $15 million in the department’s budget, allowing SPD to cover the costs of downsizing—updates to timekeeping software to help deploy a smaller number of officers more efficiently, for example. Additionally, the council lifted a trio of provisos on the department’s budget, releasing roughly $8 million for the department to use as it wants.

Of the $5.2 million the council shifted out of SPD’s budget, $3 million will go to the Human Services Department to fund grants to nonprofits specializing in alternatives to policing. The council set aside another $700,000 to stand up a new civilian crisis response unit tentatively called Triage One.

SPD’s staffing crisis loomed over Monday’s budget vote, as highlighted by a pair of unsuccessful amendments introduced by Councilmember Alex Pedersen that laid out two options for scaling up the department’s recruitment and retention efforts. The more ambitious of the two would have set aside nearly $2.8 million for SPD to develop a loosely defined “retention program,” as well as $233,000 to offer hiring incentives to officers who join SPD—as much as $15,000 for officers who transfer from other agencies. To cover the cost, Pedersen proposed completely abandoning the plan to shift a portion of SPD’s salary savings to HSD; in a blog post on Friday, Pedersen wrote that “funding for those other programs can be extended at a later date, but we have a SPD staffing crisis today.”

A second, scaled-down proposal would have set aside nearly $900,000 for retention while leaving the amount earmarked for hiring incentives unchanged; the latter plan would have left the HSD dollars untouched, instead drawing from still-unassigned dollars in SPD’s budget to pay for overtime.

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Ahead of Monday’s meeting, both Mayor Jenny Durkan and Interim SPD Chief Adrian Diaz urged the council to support one of Pedersen’s amendments, casting the proposals as a vital intervention for a department in a downward spiral. “As a City, we need to address the real hiring and retention challenges at the Seattle Police Department,” Durkan wrote. “It’s a false choice to invest in alternatives or hire and retain officers to meet our current 911 response.”

But neither option found enough traction to move ahead on Monday. Council budget chair Teresa Mosqueda argued that scaling up civilian crisis response units should take priority over the police department’s retention and recruitment woes, while Councilmember Lisa Herbold noted that SPD is not the only city department grappling with a staffing shortage. “If we’re going to focus on recruitment, I think we need to think about vacancies across all departments,” Herbold said.

“Having a fair, accountable, cost-effective contract is the most sustainable path to save money for alternatives and to hire some officers to replace those who left.”— City Councilmember Alex Pederesen

Councilmember Andrew Lewis voted for Pedersen’s less-ambitious amendment, which failed on a 5-4 vote, citing the short-term need to stem SPD’s losses while civilian emergency responders build their capacity. “Right now, the only service that is to scale and that can provide exigent first response is our police department,” he said.

In an email to PubliCola Monday, Pedersen said his amendments were intended as emergency measures, not repudiations of the council’s plans to downsize the role of SPD. “It’s all about timing the investments based on the immediate needs,” he said. “We have already set aside tens of millions for additional upstream human services investments, which I also support.”

Pedersen added that the upcoming contract negotiations with the Seattle Police Officers Guild (SPOG) could help reduce SPD’s staffing costs by reining in expenses written into the most recent contract, which expired at the end of 2020. “Having a fair, accountable, cost-effective contract is the most sustainable path to save money for alternatives and to hire some officers to replace those who left,” he said.

2. Upcoming changes to the Department of Justice’s rules for court-appointed consent decree monitors are unlikely to impact Seattle’s own agreement with the police department, according to Emily Langlie, a spokesperson for the US Attorney for the Western District of Washington, because they only apply to new consent decrees.

Since 2012, the Seattle Police Department has operated under a consent degree—an agreement that the department will adopt reforms to address its history of racially biased policing and use of excessive force—administered by the Department of Justice and overseen by a monitor appointed by US District Court Judge James Robart. The proposed changes are an attempt to reform the monitoring system to avoid the appearance of conflicts of interest or financial improprieties. Continue reading “Last-Minute Push for SPD Hiring Incentives Fails, Feds Impose New Rules on Consent Decree Monitors”

Durkan Won’t Sign Crowd Control Weapons Bill, Raises Specter of Court Challenge

By Paul Kiefer

Seattle Mayor Jenny Durkan refused to sign the city council’s recent ordinance restricting the Seattle Police Department’s use of crowd control weapons, allowing the bill to become law while the city awaits a federal district court’s go-ahead to implement changes to SPD’s tactics and arsenal.

In a letter to the council during their August recess, Durkan heaped criticism on the bill and the year-long process that produced it, calling it a “kneejerk reaction” to last year’s protests that overstepped the council’s authority, undercut SPD policy change procedures enshrined in the city’s agreement with the US Department of Justice, and made promises that the city can’t keep.

Durkan has routinely allowed legislation to take effect without her signature, though not always because of a difference of opinion: Certain land use ordinances, for instance, don’t necessarily go to the mayor for a signature before becoming law. The mayor can also return legislation to the council unsigned when she has concerns about a bill’s impact or legality but believes that the council would vote to override a veto.

The council’s bill, which passed unanimously in early August, bans officers from using “disorientation devices” like blast balls or ultrasonic cannons under any circumstances, with the exception of flash-bang grenades, which would still be available to SWAT teams. It also allows officers to use pepper spray and tear gas to move crowds of protesters, but only in response to a “violent public disturbance”—a legal term to describe violence committed by a group of twelve or more people. The legislation is supposed to replace a June 2020 ordinance that would have prohibited police officers from using tear gas, pepper spray, blast balls and other “less-lethal” weapons for crowd control.

In her letter, Durkan criticized the council for passing a law that can’t go into effect without the court’s approval—an arrangement, she wrote, of “doubtful legality.”

Shortly after the 2020 ordinance passed, US District Court Judge James Robart—who oversees reforms to SPD as part of an ongoing agreement between the US Department of Justice and the city of Seattle known as the consent decree—issued a temporary restraining order that stopped it from taking effect. The order came in response to a warning from the US Department of Justice that any law preventing officers from using “less-lethal” weapons against crowds might lead officers to use more extreme forms of force.

When reworking the crowd control weapons bill to respond to the DOJ’s criticism, council public safety chair Lisa Herbold sought feedback from both the DOJ and the federal court-appointed monitor—the court’s eyes and ears in police reform matters. During a hearing on the status of Seattle’s consent decree on August 10, neither Robart nor representatives from the DOJ or monitoring team raised new concerns about the bill.

In a statement to PubliCola, Herbold’s office said that the new bill was “developed in compliance with, and respect for, the Consent Decree process.” Herbold also noted that she met informally with the court-appointed monitor and DOJ while re-working the bill and made adjustments based on their suggestions.

The bill doesn’t directly rewrite SPD’s policy manual. Instead, the department has 60 days from the bill’s passage to draft new crowd-control weapons policies that reflect the new law; the federal court will then consider whether those policy changes should move forward. If Robart concludes that SPD should not change its crowd control weapons policies, the law is effectively dead in the water.

But while Durkan assumes that the DOJ and federal court will take issue with the ordinance, that outcome isn’t a given. SPD will bring its draft policy revisions before the court in mid-October. If the DOJ believes the changes would violate the terms of the consent decree, it can ask the court to enjoin the city from implementing the new policies.

In her letter, Durkan criticized the council for passing a law that can’t go into effect without the court’s approval—an arrangement, she wrote, of “doubtful legality.” And the requirement that SPD rewrite policies that reflect the new law, she wrote, places the department “in the unfair and untenable position of proposing, and defending, to the DOJ and the Court, now-codified provisions of City law that it cannot support as best practice.” The Seattle City Attorney’s office reviewed and approved the legality of the bill.

But while Durkan assumes that the DOJ and federal court will take issue with the ordinance, that outcome isn’t a given. SPD will bring its draft policy revisions before the court in mid-October. If the DOJ believes the changes would violate the terms of the consent decree, it can ask the court to enjoin the city from implementing the new policies.

In Durkan’s view, the ordinance is unlikely to survive a court challenge. Continue reading “Durkan Won’t Sign Crowd Control Weapons Bill, Raises Specter of Court Challenge”

Court Upholds Firing of Cop Who Punched Handcuffed Woman, Sound Transit Board Delays CEO’s Contract Renewal, Debate Continues Over Disarming Suspects with Knives

1. The Washington State Supreme Court ruled unanimously on Wednesday that the court will not consider former Seattle police officer Adley Shepherd’s appeal of an earlier Court of Appeals decision that upheld his termination from the Seattle Police Department in 2016. The ruling ends a protracted legal battle with the city of Seattle that has loomed over the past half-decade of police accountability reform efforts in the city.

Former Seattle Police Chief Kathleen O’Toole fired Shepherd for punching a woman while she was handcuffed in the back of a patrol car during a late-night arrest in June 2014. Shepherd and his union, the Seattle Police Officers’ Guild (SPOG), appealed her decision to an arbitrator, who sided with Shepherd, directing SPD to re-hire him and offer back pay.

Seattle City Attorney Pete Holmes stood by Shepherd’s firing, asking the King County Superior Court to vacate the arbitrator’s decision—a rare challenge to the authority of arbitrators in police disciplinary cases, whose decisions are typically final. The city prevailed in both superior Court and the Court of Appeals, setting the stage for a longer-term struggle with the city’s police unions to limit arbitrators’ power to overturn disciplinary decisions made by police department leaders.

2. In an unusual move, the executive committee of the Sound Transit board decided to delay approving a one-year contract extension for agency CEO Peter Rogoff Thursday. The committee went into closed executive session for more than an hour before coming back into public session and bumping Rogoff’s contract renewal from the agenda. Rogoff makes a base salary of around $380,000 a year.

Sound Transit has spent the past 17 months debating the best way to cut costs in response to budget shortfalls and higher-than-anticipated cost estimates for key components of Sound Transit 3, the regional light rail and bus system expansion voters approved in 2016. After a number of tense public meetings, which included Rogoff, the board ultimately adopted a compromise plan spearheaded by King County Council member Claudia Balducci that would accelerate projects in order of priority if more funds become available in the future.

Because the discussion happened in executive session, no one is talking about what the committee discussed. Sound Transit spokesman Geoff Patrick, speaking on behalf of board chair (and a University Place council member ) Kent Keel, said, “following the committee’s discussion in executive session today, the full Sound Transit Board will continue discussion of the contract at its September meeting,” on September 23.

“Chair Keel emphasized his responsibility to honor the confidentiality that always surrounds the contract review process prior to when the Board discusses its action in open session, and that nothing further can be shared at this time,” Patrick said.

3. Mark Mullens, the only police officer on Seattle’s Community Police Commission, was unusually vocal during a question-and-answer with Office of Police Accountability (OPA) Director Andrew Myerberg during Wednesday’s commission meeting. Myerberg came to the meeting to address the OPA’s investigation into the fatal shooting of 57-year-old Terry Caver by Seattle police officer Christopher Gregorio last May. After the OPA concluded that Gregorio failed to de-escalate during his confrontation with Caver, Interim Seattle Police Chief suspended Gregorio for 20 days and transferred him out of the department’s K9 unit—a rare outcome for police shootings in Seattle, which typically end without discipline. Continue reading “Court Upholds Firing of Cop Who Punched Handcuffed Woman, Sound Transit Board Delays CEO’s Contract Renewal, Debate Continues Over Disarming Suspects with Knives”

Oversight Group Recommends Policy Changes In Response to 2019 Shooting of Unarmed Man

Det

By Paul Kiefer

Concluding their investigation into a fatal 2019 shooting by King County Sheriff’s Office detectives, the Office of Law Enforcement Oversight (OLEO) sharply criticized the sheriff’s office for failing to learn from a string of similar shootings and outlined 23 policy and training recommendations to prevent similar incidents in the future.

The recommendations accompanied OLEO’s report on the killing of 36-year-old Anthony Chilchott by plainclothes detectives.

In November 2019, Detective George Alvarez and his partner, Detective Josh Lerum, were driving an unmarked car when they spotted 36-year-old Anthony Chilcott, who was wanted for stealing an SUV and a pet poodle, parked next to a power station in rural southeastern King County. Earlier that day, Chilcott had evaded a Washington State Patrol officer, and the detectives were under instructions not to confront him directly.

Without consulting with Lerum or waiting for backup, Alvarez decided to pull within inches of Chilcott’s driver-side door, sparking a confrontation that ended with both detectives shooting Chilcott, who was unarmed, in the head. Neither detective was wearing a sheriff’s uniform, and witnesses at a bus stop nearby told investigators that they didn’t initially realize that the pair that rammed the SUV and broke Chilcott’s window with a sledgehammer and the butts of their handguns were police officers.

Sheriff Mitzi Johanknecht fired Alvarez,for failing to follow basic de-escalation policies and for “extremely poor tactical and officer safety decisions” during the fatal confrontation near Enumclaw in November 2019. She reprimanded Lerum for failing to wear a protective vest and failing to identify himself as a police officer, but he remains on the force as a deputy.

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During a presentation before the King County Council on Tuesday, OLEO policy analyst Katy Kirschner said the sheriff’s office had failed to adopt adequate training and policies for plainclothes operations, and that these gaps contributed to Chilcott’s death. Kirschner also said the sheriff’s office hasn’t done enough to impress upon officers that “speculative or generalized fears” that a suspect could harm bystanders aren’t a justification for using force. “Top-down messaging is a key part of making these reforms work,” she said.

OLEO brought up similar points when it reviewed the fatal shooting of 17-year-old Mi’Chance Dunlap-Gittens by plainclothes sheriff’s deputies in 2017..

In their report, OLEO reiterated its longstanding recommendation that the sheriff’s office conduct in-person, recorded interviews with officers less than a day after a shooting or other serious incident. Currently, the King County Sheriff’s Office can only require officers to provide signed statements 48 hours after a serious incident; in the Chilcott case, Alvarez and Lerum didn’t provide statements until eight days after the shooting, and they weren’t interviewed until the sheriff’s office began an internal investigation eight months later.

“I don’t think I can overemphasize the importance of collecting statements from officers in a timely manner,” Kirschner said, adding that written statements are far less valuable than in-person interviews with an investigator, who can ask officers questions that might not otherwise come up. Continue reading “Oversight Group Recommends Policy Changes In Response to 2019 Shooting of Unarmed Man”

Officer Who Shot Man on Queen Anne Sidewalk Last Year Gets 20-Day Suspension

By Paul Kiefer

Seattle Police officer Christopher Gregorio is currently serving a 20-day suspension for failing to follow his department’s de-escalation protocols before fatally shooting 57-year-old Terry Caver last May. While an investigation by the Office of Police Accountability (OPA) concluded that Gregorio’s recklessness exacerbated an already volatile encounter on a Lower Queen Anne sidewalk, OPA Director Myerberg ultimately ruled that Gregorio couldn’t be disciplined for the shooting itself, only the decisions that led to it.

Matthew Milburn, who also fired at Caver during the confrontation, is no longer with SPD; he refused to give an interview to OPA investigators, and the case against him remains open.

On May 19, 2020, a half-dozen officers arrived at the intersection of West Harrison Street and Elliott Avenue West to respond to a series of 911 calls about a man—Caver—carrying a knife and threatening passersby. When they arrived, Caver stood alone on the sidewalk, his knife concealed under a coat; the officers demanded that he drop to the ground.

Gregorio arrived on the scene with a police dog and parked close to Caver. “Don’t park right near him, guys, are you crazy?” another officer shouted.

Caver broke into a run, shouting, “You’re going to have to kill me!” as he passed Gregorio. While other officers kept a distance, Gregorio and Milburn chased Caver down the sidewalk; Milburn fired a Taser at his back to no effect, and Caver turned to face the officers with his knife hand outstretched. Both Gregorio and Milburn opened fire, killing Caver. From the moment Gregorio stepped out of his car, the entire incident lasted just 17 seconds.

Caver’s cousin, Gwendolyn Taylor, says Gregorio’s suspension is hardly enough to hold him accountable for her cousin’s death. “It’s just awful,” she said. “Terry really mattered to us, and that officer shouldn’t be able to put his badge back on.” 

Members of Caver’s family often worried about his wellbeing. “We knew he was always afraid, always paranoid that somebody was after him—that the police were after him,” his cousin, Gwendolyn Taylor, said on Tuesday. Caver had faced legal trouble since his teenage years, and his mental health took a serious turn for the worse after he survived a drive-by shooting in Los Angeles soon after leaving prison in 2010. After his sister brought him to Washington to undergo surgery at Harborview Medical Center, he was diagnosed with paranoid schizophrenia; Taylor believes that the LA shooting triggered her cousin’s mental illness.

The accounts of Caver’s final moments, gleaned from 911 calls and officers’ body-worn cameras, were painful for his family members, who said his behavior was similar to earlier paranoid episodes. “If there had been one or two officers, they could have talked to him,” his sister, Vanessa, said in August. “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.”

In the OPA’s view, the shooting was a clear example of how an officer’s failure to approach a volatile situation carefully and patiently can devolve into a shooting. According to OPA investigators, officers had an opportunity to leave space between themselves and Caver, who was “almost certainly suffering from a mental health crisis” or intoxicated. The closest bystanders “were either across four lanes of traffic or were hundreds of feet away,” Myerberg wrote in the summary of the case.

Myerberg found that Gregorio “failed to engage in any planning or tactical discussions” before firing his weapon, in large part because his decision to park next to Caver “set up a situation where he had just seconds to prepare” for the encounter. Investigators also found that Gregorio gave little consideration to Caver’s mental health before stepping out of his car, and that shouting at Caver to drop to the ground only increased the tension. Without time or space to prepare or a plan or to wait for backup from officers equipped with crisis intervention skills or a less-lethal weapon, Myerberg wrote that Gregorio gave himself few options besides using force. Continue reading “Officer Who Shot Man on Queen Anne Sidewalk Last Year Gets 20-Day Suspension”

Vaccination Resistance at SPD Continues Amid COVID Spike; Harrell Turns Down Police Accountability Debate

1. The highly contagious Delta variant of the COVID-19 virus is spreading quickly in Washington, including within the Seattle Police Department. In the past three weeks, 29 officers tested positive for the virus, marking the highest increase in cases within the department since the beginning of the pandemic. SPD also saw cases spike in April, when roughly 20 officers tested positive for the virus.

The new spike also spurred a sharp increase in the number of officers in quarantine. At the beginning of August, only one officer was in quarantine; on Monday, 33 officers were isolating themselves. The number of officers in quarantine reached its peak in late November of last year, when 80 officers quarantined after exposure to the virus; those figures plummeted at the beginning of the year, routinely falling into the single digits.

This month’s increase in infections among police officers comes on the heels of Mayor Jenny Durkan’s decision to require all city employees to receive the COVID-19 before October 18, 2021 or risk termination. The city’s vaccination mandate sparked outcry from the coalition of city unions, including the two largest unions representing Seattle police officers, who argued that any decision that affects working conditions requires the city to come to the bargaining table to negotiate how the city implements the new rule.

In a letter to interim Labor Relations unit head Jeff Clark, coalition co-chair Shaun Van Eyk wrote that the October 18 timeline won’t leave enough time for the city to “bargain in good faith”; instead, his coalition demanded that the city not enforce the mandate until it completes negotiations with the unions.

Mike Solan, the president of the Seattle Police Officers Guild, is among the loudest critics of the vaccination mandate. In a letter published on his union’s blog on August 9, Solan claimed that more than half of his union’s members are vaccinated, though he suggested that mandating vaccination could prompt officers who have resisted the shot to leave the department in protest.

“SPOG is concerned for the safety and wellbeing of all of our members including those with personal vaccination beliefs,” he wrote. “Can Seattle now endure more losses of police officers due to Mayor Durkan’s vaccination order?” A week later, Solan clarified on his podcast that his objection to the mandate “isn’t about whether the vaccine works. That isn’t our lane.”

So far, SPD has been unable to track its employees’ vaccination status because of privacy rules, but the city’s vaccine mandate could provide a chance for the department to start collecting this data.

Van Eyk said Monday that intransigent conservatives aren’t the only ones who aren’t getting jabbed; some employees of color are hesitant, too, because they mistrust a medical system that has historically exploited African Americans and other BIPOC individuals.

2. The state auditor’s reported Monday that the city council’s controversial contract with the nonprofit Freedom Project to oversee the Black Brilliance Research Project last year was built on questionable foundations.

While the council’s decision to award the $3 million no-bid contract to the same organizations that lobbied for the funding didn’t technically break any state rules, state auditor Pat McCarthy wrote in a press release on Monday that “the city exercised only the bare minimum of accountability and transparency” while handling the contract.

The city council initially set aside dollars to pay for research about public safety spending priorities last fall at the urging of a fledgling coalition called King County Equity Now (KCEN); according to the auditor, the council decided long before awarding the contract that KCEN would receive city dollars to lead the research. But because KCEN wasn’t technically a nonprofit at the time, the council turned to South Seattle-based restorative justice nonprofit Freedom Project to handle finances while KCEN led research teams.

The arrangement allowed the council to award the contract to Freedom Project without a bidding process; in turn, KCEN hired Freedom Project as a sub-sub-contractor. But the collaboration between Freedom Project and KCEN collapsed shortly before the contract’s end in February of this year, driven partially by disputes about late payments to researchers.

In the review, the auditor’s office criticized the council for shaping the $3 million contract to fit KCEN’s proposals before awarding the contract. McCarthy also argued that the council agreed to accept deliverables that were too broad to be meaningful, leaving room for questionable spending and a final research report that didn’t provide a clear blueprint for launching the highly anticipated participatory budgeting process. “The City did not specify how the money would be spent, including requirements on administrative costs; a method for compensating community participants; research methodology requirements; and details on how the City would use the results,” McCarthy wrote in a letter to the council and Mayor Jenny Durkan last week.

McCarthy’s letter included recommendations for avoiding a repeat of the widely criticized Black Brilliance Research Project contract, including improving how the council documents its decisions about awarding contracts.

Meanwhile, budgetary and administrative disagreements about how to move forward with participatory budgeting have delayed the project—originally intended to begin in the spring of 2021—until next year.

3. Mayoral candidate and former city council member Bruce Harrell turned down an invitation from the Community Police Commission to participate in a general election debate that was supposed to happen in September, prompting the CPC to cancel the debate. The CPC is one of the city’s three police oversight bodies; among other duties, it recommends reforms and weighs in on policy proposals related to policing and police accountability.

Jesse Franz, the spokesman for the CPC, told PubliCola Monday that the CPC had planned to focus specifically on the mayoral election this year, and had no current plans to host debates in the races for city attorney and City Council positions 8 and 9.

As we reported last month, the CPC held a spirited debate over whether to host a candidate forum at all. Some members, including the Rev. Harriett Walden, contended that elections are outside the commission’s scope, while others, such as commission co-chair LaRond Baker, argued that the CPC’s role includes informing the public about potential leaders’ positions on public safety issues.

In a statement issued after PubliCola reported on Twitter that the debate was canceled, the CPC said that although “Bruce Harrell has declined our invitation to participate,” the commission “still hopes to find the best ways to educate and facilitate a community dialogue about the critical issues Seattle’s future mayor will face regarding public safety and police accountability. We hope to share those plans with you at a future date.”

Harrell’s campaign did not immediately respond to an email seeking comment on Monday.

Fizz: SPD Asks to Spend $15 Million in Salary Savings; Council Okays Durkan’s Equitable Communities Contracts

1. The Seattle City Council’s public safety committee heard a presentation on Tuesday morning outlining SPD’s proposals for spending more than $15 million in unspent salaries—a byproduct of skyrocketing attrition within the department, including 100 departures in the first six months of 2021 alone.

There are currently two pots of unspent money in SPD’s budget. Last November, the council passed a series of provisos preventing the department from spending roughly $9 million until SPD complied with some of the council’s reform goals; one of those provisos specifically captured $5 million of any salary savings SPD incurred as officers left the department in droves. But the department’s staffing woes have escalated, leaving the department with far more unspent salary dollars than anticipated—more than $10 million of which isn’t captured by the council’s provisos.

According to SPD budget director Angela Socci, the department needs to keep those savings to handle internal crises that arose over the past year—a proposal that counts on the council lifting provisos, and one that wouldn’t allow the council to redirect most the savings to newer, non-police public safety programs. In fact, SPD has already started using some of the $15 million to cover separation costs for departing officers, as well as to pay officers overtime to fill in gaps in patrol shifts. The department also began spending money on consultants, including a contract with the National Institute for Criminal Justice Reform that determined the city could eventually shift half of SPD’s current emergency call load to other responders.

The department’s decision to spend salary savings without the go-ahead of the council raised some eyebrows Tuesday. “Is it an accepted budget practice to move forward on spending in areas that the council hasn’t authorized yet,” asked councilmember Lisa Herbold, who chairs the committee.

According to council central staffer Greg Doss, who led the presentation, SPD is allowed to shift dollars in its personnel budget around as needed—from salaries to separation pay, for instance.

But SPD presented a much broader array of spending proposals that will need support from the council and mayor’s office, including a vote from the council to lift provisos on the department’s budget. The requests include $1.5 million to hire new civilian staffers, including community service officers and public disclosure staff, as well as $520,000 for “hiring and retention incentives”; in total, the department’s proposed spending would use $13.7 million of the salary savings. A much smaller portion—only $1.5 million—would shift out of SPD’s budget to fund programs like the “Triage One” civilian response teams proposed by Mayor Jenny Durkan last month.

Council President Lorena González pressured SPD strategy director Chris Fisher to outline a plan for stemming the tide of officers leaving the department. “I think these numbers tell the story,” she said, “that SPD management have significant room for improvement for retaining the new officers and existing officers.”

Fisher responded that the solution to SPD’s attrition problems may lay outside of the department itself. “Many officers say that money helps, but if it were just about the paycheck, they could do something else that would make just as much with a lot less time away from family,” he told the committee. “They want to know that people are invested in the department, and that they are appreciated.”

But councilmember Teresa Mosqueda offered a more optimistic view of the situation, saying the council  “could create a chart that pairs a downward trend [in police staffing] with an upward trend in spending on community safety”—a goal, she said, that the council shouldn’t lose track of.

2. On Wednesday morning, Seattle Mayor Jenny Durkan signed legislation releasing $30 million from the city’s general fund to spend on racial justice-related programs recommended by the Equitable Communities Initiative Task Force—a group assembled by her office last October that included representatives from an array of prominent local BIPOC community organizations.

“There was talk that certain groups were being pitted against each other,” said councilmember Deborah Juarez, who also served as a member of the task force. “Guess what? That didn’t happen.”

The city council voted unanimously on Monday to lift a proviso on the $30 million, raising no objections to the plan laid out by the task force earlier this summer. The proposed investments include nearly $9 million to be spent on affordable housing and land ownership program for Seattle’s BIPOC residents, as well as $7.5 million to provide capital and technical support to BIPOC-owned small businesses.

In earlier discussions of the plan, some councilmembers raised questions about the potential for overhead costs to consume an outsized proportion of the $30 million. Chris Lampkin, a task force member and political director with SEIU 1199NW, told the council’s finance meeting on July 20 that “most of the funding recommendations are intended to channel money directly to community through existing programs, as opposed to spending money to stand up new programs.”

The task force, which began as follow-up to Durkan’s ambitious promise last summer to invest $100 million in BIPOC communities, faced early public opposition from some activists, who argued that the group would butt heads with the council’s own participatory budgeting plan. The Seattle City Council also cut the project’s budget from $100 million to $30 million, directing the rest to the participatory budgeting process and other priorities that predated Durkan’s proposal.

But the council’s brief discussion on Monday suggested that most of the anticipated tensions surrounding the task force dissipated over the past half-year. “There was talk that certain groups were being pitted against each other,” said councilmember Deborah Juarez, who also served as a member of the task force. “Guess what? That didn’t happen.”