Category: public safety

As a Firefighter, I Oppose Criminalizing “Interference” with Seattle Fire Department Personnel

Photo by Joe Mabel; CC by SA 3.0 license.

By LéTania Severe

The Seattle City Council is considering legislation to protect firefighters responding to emergencies, making it a crime to physically interfere with them as they try to provide aid.

This proposal, which would expand the existing law against “obstructing” police officers to include Fire Department personnel, will not only fail to protect firefighters, it will make things worse for them and the communities they serve—particularly the Black community members who face disproportionate arrests and prosecutions under the existing “obstruction” statute.

How do I know this? For the last five years, I have been a firefighter/EMT for Central Pierce Fire and Rescue, giving me a front-row seat to the challenges of the job.

While my firefighting work is in Pierce County, I currently live and rent in Seattle’s District 2. I also have a PhD in Sociology and have spent the last 17 years researching homelessness, housing, and criminal legal system policy in Seattle and the broader region. I am Black, queer, and nonbinary, and I co-led the Black Brilliance Research Project, funded by City Council to answer questions around how we build community safety and community health. These experiences have equipped me to assess the current bill before City Council and compel me to speak out against it.

Firefighters are called to respond when people are having their worst day. Firefighters remind each other about this often. It helps ground us so that we don’t take people’s behavior or words personally. As firefighters, we work for the people. We don’t force our service onto people; that’s not our job. We ask them why we were called and what they need.

​​Firefighter work is stressful and grueling. I can tell you from experience that 24-hour shifts do not result in us showing up to calls with our best selves. Being woken up in the middle of the night to answer the community’s call for help when you are already sleep-deprived is demanding and keeps firefighters in a heightened “fight mode” for the entirety of our shift.

These conditions are among the biggest challenges we face. But the proposal before the council, which criminalizes community members for interfering with firefighters, does nothing to address the stress and impact on our bodies caused by our work.

The proposed legislation does nothing to address any of the underlying reasons that trigger the need for an emergency response. In fact, our community has seen money moved out of these areas of upstream intervention in order to put more money into policing the results of these failures.

Sometimes as firefighters, the stress we shoulder aggravates the situations we enter. In my experience, these are the times when we experience “obstruction” from the patients we serve. For example, impatient firefighters sometimes wake someone up from an overdose too fast by administering Narcan too quickly. In these situations, the person’s body will react with shock and confusion. That person should not be blamed for their body’s response. When we arrive on a call to an individual experiencing a mental health crisis, we should hold them in grace as we focus on helping them move through it and then do our best to address the root causes of that crisis.

Other examples of our own stress as firefighters aggravating the situations we enter include firefighters escalating stressful situations instead of showing compassion and using de-escalation skills; firefighters taking a patient’s refusal of services personally and attempting to force their services on a patient who does not want it; and firefighters not respecting the agency of patients

This bill doesn’t address any of these situations. Instead, it makes things worse by criminalizing the very communities we are called to serve.

We all know that firefighters are often called to intervene because of bigger system failures. Indeed, the proposed bill’s language acknowledges as much: “[I]t is well known that the challenges faced by all our public safety employees at the City of Seattle have increased with the rise of the opioid epidemic, economic uncertainty, and multiple public health crises – COVID, mental health, and substance use.”

And yet the proposed legislation does absolutely nothing to address any of the underlying reasons that trigger the need for an emergency response. In fact, our community has seen money moved out of these areas of upstream intervention in order to put more money into policing the results of these failures. This bill, which expands expensive and harmful criminal legal system responses to social problems, continues the same pattern.

This bill claims to “give our fire department employees in the line of duty an additional tool for their personal safety and the ability to secure the scene of a medical health response or fire response, particularly in the case of bystander intervention while firefighters and paramedics are providing aid.”  But this legislation won’t actually prevent “bystander intervention,” because it relies on the police to respond and arrest only after an alleged interference. This bill does not deter anything. Instead it will make things worse by criminalizing behavior that can be better mitigated by addressing root causes. 

What could a better bill do? 

A better bill would move funding for addressing overdose calls from SFD and SPD to community members instead. Bystanders safely administer Narcan in the field every single day. They save lives and they do so compassionately, because unlike firefighters, they often know the person, or the person is a member of their community.

It is well established that firefighters and police officers are extremely ill-equipped to meet the needs of community members experiencing a mental health crisis. I have never received good training on responding to calls in which individuals are in mental health crises and I’d bet that Seattle firefighters haven’t, either.

The common denominator between overdose and mental health calls is that they require an immense amount of patience. When fire departments are understaffed, patience goes out the window. Again, this bill does not address this problem. There are many things that can improve our job, such as more training, more staffing, better schedules, addressing system failures, more tools to regulate our nervous systems on shift, de-escalation training, Narcan administration training and mental health crisis response training.

What if rather than expanding a system that causes harm, we actually focused more on assessing which social safety nets have utterly failed the folks who need us? What if we moved funding out of SFD and SPD to empower community members to respond to mental health crises?  What if we actually committed to addressing the root causes?

I suspect we will be told that addressing root causes is impossible given Seattle’s budget deficit. But it’s never too late to reallocate funding from our bloated punishment budgets (police, courts, and prosecutors) toward making firefighter jobs and our community safer. If the City Council cares about firefighter safety and community safety, they will vote NO on the current obstruction bill, and fund community response instead.

LéTania Severe PhD (they/them) is a Black, queer, non-binary researcher and firefighter who organizes with Seattle Solidarity Budget, a cross-movement coalition of over 200 organizations, fighting for a city budget that divest from harmful systems like police, courts and jails and reinvests in meeting community basic needs including housing, transportation, climate change resilience and more. LéTania is also a coordinator for Seattle’s new Community Response Network, which trains community members to respond to emergencies in their own communities.

Full 911 Audio Sheds More Light on SPD’s Explanation for Deadly Crash; Bill Expanding Police Pursuits Passes Legislature

1. Unredacted audio of the 911 call to which Seattle police officer Kevin Dave was allegedly responding when he struck and killed student Jaahnavi Kandula in January further confirms that the caller had used cocaine, not opiates, and was breathing heavily but calm when he called 911 to report that he was “freaking out.” PubliCola obtained the audio through a records request.

Police Chief Adrian Diaz has said Dave was responding “as an EMT” to provide medical aid at a Priority 1 overdose call when he hit Kandula. Dave is certified as an EMT, but there is no evidence beyond Diaz’ statement that he was responding as a medic rather than a police officer, and the 911 call itself contradicts that claim.

SPD has also said police need to be present when Fire Department medics are reviving someone from an opiate overdose in order to provide backup if the person is violent when they come to and to keep people from stealing items or intervening while SFD medics are occupied with rescue breathing and other lifesaving measures. However, the full recording of the 911 call makes it clear that the caller had used cocaine, not opiates, and told the dispatcher his symptoms were “starting to go away” by the end of the six-and-a-half-minute call.

In the first moments of the recording, the caller, a man in his 20s, told the dispatcher, “I did cocaine and I don’t know if I’m having an overdose. I think I’m over-amped.” After being transferred to a dispatcher for Medic One, the Seattle Fire Department’s emergency medical response team, the caller added that he was “trying not to freak out” and was standing outside his apartment building. “Do you think you’ve overdosed?” the dispatcher asked. “I looked it up and I think so,” he said. “I’m extremely anxious,” the caller added, and “shaking a little bit.”

The original dispatcher then kept the man on the line, telling him to breathe and getting more information. “Am I going to get in trouble?” the man asked. “Oh, no,” the dispatcher responded. “I’m still just kind of freaking out right now, but it’s starting to go away,” the caller said. By the end of the call, the dispatcher and caller were joking about the weather. “At least it’s not raining today, right?” the dispatcher said. “That’s one way to look at it, yeah,” the caller responded.

SPD is doing an internal investigation into whether Dave was acting within SPD policy when he hit Kandula in a marked and lighted South Lake Union intersection. Three months after the crash, the department has not said when it will conclude its investigation.

2. The state senate gave final approval Monday to a bill that will lower the standard of evidence required for police officers across the state to initiate vehicle pursuits, sending the bill to Governor Jay Inslee’s desk.

Under SB 5352, sponsored by Senator John Lovick (D-44 Lake Stevens), officers will only need to have a “reasonable suspicion” that a driver has committed a violent crime or is driving under the influence. The bill reverses a 2021 change in state law that raised the standard for most offenses, apart from DUI, to a higher “probable cause” standard, which requires more evidence, with the aim of reducing pursuits overall.

The policy change nearly failed to move forward earlier this session, when state house leaders declined to bring their version of the bill to the floor for a vote ahead of a key deadline, prompting state senate leaders, in a dramatic move, to bring the bill to the floor even though it had never received a hearing in that chamber.

“I am asking you to vote no because the people trusted us, and they are disappointed that we are rolling back something that they thought put us on the first step to accountability.” —Debra Entenman (D-47, Covington)

Inslee is expected to sign the bill. “I think we need to move this needle, I think that’s where the public is,” he said in early March. 

The house approved the bill on April 10, with opposition from both Republicans who wanted it to go further and allow more pursuits for non-violent offenses like auto thefts, and from Democrats who say the current policy, which allows fewer pursuits, is saving lives.

Many Democrats view the reversal as a step back for police accountability in Washington. Before the house floor vote earlier this month, Representative Debra Entenman (D-47, Covington) noted that the bill reversed recommendations made by legislative task force created in 2020 in response to nationwide protests over racial injustice.

“I am asking you to vote no because the people trusted us…and they are disappointed that we are rolling back something that they thought put us on the first step to accountability,” she said. 

Last year, the legislature rolled back another 2021 law that prevented police from using force to prevent people from walking away from investigative stops, also known as Terry stops.

A previous version of the pursuit bill included a 2025 sunset date, but that’s no longer in the bill. Some of Washington’s largest police departments, like Seattle and Tacoma, already have policies in place that require a higher standard of evidence to pursue a suspect.

—Erica C. Barnett, Ryan Packer

After Removing Encampment, Burien Considers the Options: Provide Shelter, Ban Camping, or Both?

Image via City of Burien

By Erica C. Barnett

Last week, after failing to come up with an alternative location for a longstanding encampment on the west side of the building that houses both Burien City Hall and the local branch of the King County Library, the city of Burien formally evicted the 30 or so people who had been living there for months.

But they didn’t go far. As Scott Schaefer at the B-Town blog reported, most of the people forced out of the encampment moved to a city-owned site just one block west of City Hall, infuriating some residents and prompting demands for harsh anti-camping policies as well as sanctions against Burien Planning Commission Chair Charles Schaefer, who said he directed encampment residents to the new site.

This was the setting for Monday night’s Burien City Council meeting, where council members proposed several potential approaches to addressing encampments, including a total encampment ban in certain, unspecified “zones”; strict enforcement of drug laws; reinstating Burien’s overturned trespassing ordinance; and reallocating city funds to stand up a temporary encampment by the King County Courthouse a few blocks away. Burien already bans encampments in parks, but nowhere else, which is why the encampment next to City Hall was able to linger for so long.

During the meeting, Council member Jimmy Matta pushed back on an encampment ban proposed by Councilmember Stephanie Mora, noting that the Ninth Circuit US District Court, ruling in the Martin v. Boise case, barred cities from sweeping encampments unless shelter beds are available—and Burien has no year-round adult shelters or sanctioned encampments.

“I see the same things as you see,” Matta said. “I don’t like my children to see [those things]. I don’t like to see people using drugs. But at the same time, I know we don’t have the resources for [shelter], and on top of that, the Ninth Circuit court says that we have to have placements for them.” Cities like Seattle get around the requirement by sweeping encampments when shelter beds become available, Matta continued, but a similar approach in Burien would require the city to come up with funding and a location for a shelter—which, in turn, would likely face opposition from the same people who just want Burien’s homeless population gone. [Editor’s note: An earlier version of this story erroneously attributed this quote and the sentiments expressed in the preceding paragraph to City Manager Adolfo Bailon; we regret the error.]

This contingent was out in force at Monday’s council meeting, where public commenters who supported shelter, housing, and supportive services for encampment residents were greatly outnumbered by those demanding that the council eliminate the “campers” by any legal means. For an observer from Seattle, the tone of many comments were reminiscent of the debate about homeless encampments before and especially during the pandemic, when people frequently used dehumanizing terms and the language of eradication to talk about homeless Seattle residents.

“I wsn’t surprised by how people felt because of how things went down with the encampment being essentially relocated, rather than cleared. It’s also true that the people who were there were going to go somewhere… without a real solution that can pull people indoors instead of having them on the street.”—Burien LEAD program manager Aaron Burkhalter

One commenter, for example, referred to homeless people living in Burien as “this unpleasantness” and expressed his “shame, embarrassment, and utter disgust” that encampment residents were allowed to move one block, where they are now “in my front yard.” Another told council members they should “take [encampment residents] home with you” instead of allowing them to sleep on public property. An eighth-grade student at a local private school said she was “tired of seeing men’s privates everywhere I go,” adding that she was no longer able to run or walk in Burien because “the unhoused people have found a loophole in your system.” Several commenters referred conspiratorially to a “coordinated” effort to increase the number of homeless people in the city.

“I wasn’t surprised by how people felt because of how things went down with the encampment being essentially relocated, rather than cleared,” said Aaron Burkhalter, the LEAD project manager for Burien, who also spoke at Monday’s meeting. “It’s also true that the people who were there were going to go somewhere… without a real solution that can pull people indoors instead of having them on the street.”

At the end of the meeting, which , the council put off proposals to bring back the trespassing law and expand the city’s camping ban. During a special meeting next week, the council will hear more about a proposal to use the county-owned parking lot as a short-term managed encampment; receive information on how the State v. Blake decision, which overturned the state’s main drug possession law, impacts the city’s authority to crack down on drug use; and get an overview of camping bans in other cities, including Marysville and Lakewood.

The council will also consider sanctions against Planning Commissioner Schaefer for informing people they had the right to set up tents on city-owned property a block from City Hall; during the meeting, some commenters suggested he should be forced from his position for providing this information.

Burkhalter said he expects the city will remove the relocated encampment soon, scattering the people living there to “a number of different sites around the city.” While some, including City Manager Bailon, have expressed the hopeful thought that many of the encampment residents are from other cities and will move out of town, Burkhalter considers that wishful thinking.

Still, he said, he’s optimistic that the city will come up with a longer-term solution, such as temporary housing in a nearby hotel or in an existing residential building in Burien. “All the pieces are in place to get people into those spaces, and after that, it’s just a matter of how do we prioritize who gets placed in such a way that we are addressing criminal behavior and the public camping that people are so concerned about, in a way that people can get significant services,” Burkhalter said.

Over Protests, King County Prepares to Transfer 60 to Des Moines Jail

Former city attorney candidate and public defender Nicole Thomas-Kennedy testifies: “The people that are [in jail] cannot afford to buy their freedom. That is why they are there. “
By Erica C. Barnett

Last week, the King County Council held off on a decision on whether to approve a contract that would move up to 150 men living at the downtown jail to the South Correctional Entity (SCORE), a non-county-owned jail in Kent, after several council members said they had concerns about the scope of the agreement, access to visitors and attorneys at SCORE, and the use of additional jail space to address persistent problems at the downtown jail, where the population and average length of stay have increased.

As PubliCola reported last year, the county’s approved 2023 budget includes $3.5 million for a contract between the county and SCORE. The agreement to move an initial 60 people, which the council will vote on tomorrow, April 4, is that contract.

During a lengthy public comment period at last week’s council meeting, attorneys, advocates, and people who had been incarcerated asked the council to reject the agreement, arguing that moving people from one jail to another would not address the underlying problems at the jail, where six people died—four of them by suicide—last year.

The proposed agreement includes a list of conditions that would make a person ineligible for transfer to SCORE. Several commenters, including a former psychiatric evaluations specialist at SCORE, said it was easy for people to fall through the cracks or develop mental health conditions in jail.

“Your choice is not between overloading SCORE and overloading the King County Jail,” public commenter Madeleine Pfeiffer said. “Just three years ago, you were faced with a public health crisis and the King County Jail and you reduce the population by 50 percent in a matter of days—why not now? Why aren’t the deaths in the King County jail a crisis now that warrants the reduction of population there?”

Several commenters noted that SCORE has also seen its share of high-profile deaths, including that of Damaris Rodriguez, a woman with mental illness who died after four days in solitary confinement; her family received $2 million in a partial settlement with the jail. According to a staff memo, the county “intends to contract with SCORE to house people who do not have serious mental or physical health issues … low-level, healthy people[.]”

The proposed agreement includes a list of conditions that would make a person ineligible for transfer to SCORE, including people who have attempted suicide in the past or shown suicidal ideation in the 72 hours before booking and people displaying a “current psychotic episode.” But several commenters, including a former psychiatric evaluations specialist at SCORE, said it was easy for people to fall through the cracks or develop mental health conditions in jail.

County budget director Dwight Dively told the council the executive branch had issues with several amendments council members proposed to make the agreement more palatable, including restrictions on how many people could be moved to SCORE without additional council approval and an amendment that would require SCORE to meet the conditions the Department of Public Defense says it requires to adequately represent their clients housed there. Dively called these amendments “problematic”—in the first case, because the county is continuing to jail more people for longer periods, and in the second, because “different jails operate in different ways.”

The council will meet and vote on the agreement at its meeting at 1:30 Tuesday afternoon.

Despite Deadly 2022, Traffic Safety Bills Fail to Gain Traction

By Ryan Packer

After 2022—the deadliest year on Washington state roadways since the early 1990—it seemed likely that traffic safety would get significant attention during this year’s legislative session. But following a key early March deadline for bills to pass out of their house of origin, a number of promising bills are off the table.

A bill to reduce Washington’s blood-alcohol threshold for a DUI from 0.08 percent to 0.05 percent was a top priority for safety advocates, winning early support from a broad group of transportation sector organizatios, including the National Transportation Safety Board (NTSB), the Washington Traffic Safety Commission, and the National Safety Council. However, the bill failed to make it through the Senate, in part because legislators opted to debate a bill allowing more police pursuits instead during the final hours before a key deadline.

Another safety bill that failed to advance would have required car dealers to put warning labels on large trucks and SUVs that are designed in a way that puts pedestrians and cyclists at greater risk; the bill would have also increased fines for traffic infractions committed by people driving those vehicles. For decades, federal programs have rated the “crashworthiness” of specific types of cars and trucks, but as Americans have opted for larger and larger SUVs, that rating hasn’t taken the safety of people outside the vehicle into account,

A bill that would have prohibited drivers from turning right at any red light within 1,000 feet of a school, park, or other high-traffic public facility received strong support from walking and biking advocacy organizations but never got a committee vote in either the house or the senate. In 2018, Washington, D.C. piloted right-turn-on-red restrictions at 100 high-volume intersections, finding a 92 percent reduction in drivers failing to yield to pedestrians compared to before the restrictions were added. Based on that data, the district broadly adopted the restrictions citywide in 2022.

There is data showing that Black people are getting stopped at a rate of four times their share of the population, and unhoused individuals make up half of jaywalking stops. [The law against ‘jaywalking’] isn’t being enforced to promote safety.”—Matthew Sutherland, Transportation Choices Coalition

Legislators also weren’t ready to pass a bill that would have prohibited traffic stops for non-moving violations like broken taillights, or a proposal that would have to banned most “jaywalking” stops of pedestrians crossing outside legal intersections. One issue was that there isn’t enough data yet to determine the impact eliminating such laws has on pedestrian safety.

“Certainly [we] want to look at how we reduce disproportionality in our transportation space, but we need to flesh out how this fits into an overall safety strategy,” Marko Liias (D-21, Edmonds), chair of the Senate’s transportation committee, told PubliCola.

Matthew Sutherland, the Advocacy Director at Transportation Choices Coalition, said police use jaywalking stops as a pretext for targeting vulnerable people.  “Folks are being harassed,” he said. “There is data showing that Black people are getting stopped at a rate of four times their share of the population, and unhoused individuals make up half of jaywalking stops. This isn’t being enforced to promote safety.” Sutherland also noted that the jaywalking bill would have shifted more of the burden of pedestrian safety from pedestrians onto drivers, a controversial element of the proposal.

Liias said some bills didn’t advance because they weren’t bolstered with enough relevant supporting data. “I’m really trying to ensure that we’re data-driven.,” he said. “When we talk to vulnerable [road] users, we know right-turn-on-red is a problem. I think we now need to build the evidence and be able to articulate that piece of it, because we’re asking for a culture shift … and I think people are reluctant to do that without the full picture.”

Convincing data didn’t seem to help the proposal to drop Washington’s blood-alcohol content threshold for a DUI to 0.05 percent, however. Utah, the first state to adopt the lower limit in 2019, saw a double-digit drop in statewide traffic fatalities in the year after the new law took effect, without a corresponding rise in alcohol-related traffic stops or arrests. The bill was expected to prevent around 30-40 deaths in Washington state annually, but it received significant pushback from the restaurant and hospitality industries, which were concerned about increased liability for servers and bartenders who overserved patrons. Supporters of the bill, including Gov. Jay Inslee, said they looked forward to its return next year.

Liias pointed to several traffic safety bills that are still advancing where the impacts are more clear-cut. One bill would allow the Washington State Department of Transportation to use automated cameras to ticket drivers speeding on state highways. Another would require drivers under 25 to complete a driver’s education class before receiving their license, eliminating the current loophole allowing drivers 18 and older to get a license after passing a written test. Only around half of drivers under 25 licensed in Washington have received comprehensive driver training and those who have not have a crash rate that’s significantly higher than those who have.

“I knew coming into session that we aren’t going to achieve Target Zero in the next two years,” Sen. Marko Liias said, refering to a goal Washington has had in place since 2000 to eliminate serious traffic-related injuries and fatalities. “I think we’ve put this issue on the map, and now we’re starting to build that comprehensive set of policies that will help us get headed in the right direction toward zero.”

But Liias also noted the significant hurdles to changing behavior, even with the potential benefit of saving lives. “We’re used to doing things across the safety space in one way, and shifting to a new framework and a mindset takes time for folks.”

In the other chamber, Representative Jake Fey (D-27, Tacoma), chair of the house transportation committee, said there has been some progress on traffic safety, citing a bill that will provide hiring incentives to Washington State Trooper recruits: $10,000 over two years for cadets and $15,000 over two years for lateral hires from different police departments. That bill is now in the Senate after passing the House with only one vote in opposition.

Fey told PubliCola he considers efforts to increase the number of police on state roadways complementary with trying to reduce unnecessary stops. “Part of the intent was to make troopers and other law enforcement available for other important work, and not dealing with minor things that have the net effect of targeting certain populations,” Fey said. But with Democrats incredibly divided over police issues, hope for future movement on the issue could be dim.

With nationwide trends, like vehicle design, generally outside of state control also having a big impact on increasing traffic fatality numbers, the best legislators were hoping for was small progress on the issue this session. “I knew coming into session that we aren’t going to achieve Target Zero in the next two years,” Liias said, refering to a goal Washington has had in place since 2000 to eliminate serious traffic-related injuries and fatalities. “I think we’ve put this issue on the map, and now we’re starting to build that comprehensive set of policies that will help us get headed in the right direction toward zero.”

 

 

 

 

 

 

 

Caller Was Lucid, Waiting to “Flag Down” Aid Car, When Officer Heading to Scene Struck and Killed Pedestrian Nearby

File:Seattle Fire Department - Aid 2 (Medic One vehicle).jpg
Photo by Joe Mabel; CC by 2.0 license.

By Erica C. Barnett

The 911 call to which Seattle police officer Kevin Dave was allegedly responding when he struck and killed student Jaahnavi Kandula in a marked crosswalk was not, as police and fire officials have implied, an opiate overdose that had to be reversed by paramedics under police supervision. In fact, a single aid car responded to the caller, who was lucid and alert when he dialed 911, and was finished within about 20 minutes. The call came from an apartment building 6th Ave. North, a few blocks from where Dave struck Kandula on Dexter Ave. on the night of January 23.

At first, SPD said Dave (who they did not initially identify) was responding to an emergency “at the request of” Seattle Fire Department first responders; later, they said he was heading to the scene “alongside” SFD. After SPD, in response to questions from PubliCola, said the call was an overdose, the Community Safety and Communications Center told us that police are dispatched to overdoses as a matter of longstanding policy. Later, Police Chief Adrian Diaz said Dave was responding “as an EMT” to a medical emergency.

In mid-February, Fire Chief Harold Scoggins repeated this explanation in a letter to the Community Police Commission, saying “overdose patients can become violent” after an overdose reversal, which can send an overdose victim into withdrawal. Officials from the fire department elaborated on this statement to PubliCola, saying they need police present when responding to overdoses because people revived from opiate ODs may have used stimulants like meth, whose effects come on in full force once the opiate overdose is resolved. They also said that other people on the scene can threaten or steal items from paramedics working to revive an overdose victim.

“I’m just trying to breathe right now and I’m trying to not freak out,” the man says. “It’s hard to think.” The dispatcher says he’s sending an aid car and tells the man to “flag them down” when he sees them.

But a review of the 911 call that resulted in Dave’s response—which PubliCola obtained, along with the incident report, through a record requests—reveals that the person who called in to report the “overdose” was a man who had walked down from his apartment and into the street to call 911 about what he thought might be a drug-related medical emergency.

In the call, which the fire department partially redacted, the caller is lucid, rational, and a bit frantic; he gives his full address and says he’s “freaking out” and having trouble staying calm. The caller sounds like he’s overstimulated, not overdosing on an opiate like fentanyl, as both police and fire have repeatedly implied.

“I’m just trying to breathe right now and I’m trying to not freak out,” the man says. “It’s hard to think.” After hearing more about the man’s symptoms, the dispatcher asks him if he’s been through this before and if he has any other relevant medical history or complications; the man answers no. Then the dispatcher says he’s sending an aid car and tells the man to “flag them down” when he sees them.

An aid car is the lowest level of response to a drug-related call like this one. A spokesman for the fire department confirmed that the department sends one aid car staffed with EMTs trained in basic life support when a person is having a “suspected overdose” and is awake, as this caller was. The department sends an additional advanced life support medic unit with two additional paramedics when the person is awake and has a “confirmed overdose,” and sends two basic life support units and an advanced life support unit when the overdosing person is “unconscious, unresponsive, and not breathing normally,” the spokesman said.

Overdose deaths from stimulants are less common than deaths due to opiates, but they do happen; last year, according to the King County Department of Public Health, there were 158 stimulant-related overdose deaths, and there have been 18 this year so far.

A police department spokesperson did not respond to questions about SPD’s policy about driving practices when responding to a low-level drug call like this one. Nor have they responded to questions about how fast Dave was driving or whether he was taking reasonable care when he struck and killed Kandula in a marked crosswalk a few blocks away. “I am not able to share any further information than what’s already been shared since this is an open case,” the spokeswoman said.

The man who placed the initial call declined to comment.

More Cops Are Training as Emergency Responders. Is That a Good Thing?

By Erica C. Barnett

The death of pedestrian Jaahnavi Kandula, killed by a police officer driving to respond to a suspected overdose, has revived a longstanding dispute between Seattle’s fire and police departments about who should respond to medical emergencies, particularly overdoses.

Last month, after SPD announced that officer Kevin Dave was rushing to respond to an overdose in his capacity as an emergency medical technician (EMT), SFD union leader Kenny Stuart wrote a letter to Mayor Bruce Harrell objecting to the “troubling trend” of SPD officers “being trained and certified as Emergency Medical Technicians (EMTs) and … deployed to medical emergencies in our city.”

The issue with this, Stuart continued, is that the fire department—not SPD—is responsible for emergency medical response as part of the county’s Medic One system; “randomly allowing additional EMTs from other city departments to self-dispatch or to perform EMS functions” has “led to delayed scene security, delayed medical care, decreased continuity and coordination of care, and general confusion in life-threatening emergencies.”

Mayor Bruce Harrell’s office did not immediately respond to an email seeking his response to Stuart’s letter, if any, on Friday.

SPD’s EMS trainings are not funded by the city; instead, the Seattle Police Foundation solicits donations to pay for trainings and equipment. The police foundation website says the police need trained EMTs to respond to life-threatening situations at active crime scenes before it’s safe for fire department medics to enter. The head of the EMS program, SPD officer Tyler Verhaar, did not immediately respond to a request for an interview; we’ll update this post with his comments if we hear back.

“If police continue to respond to [medical calls] unchecked, you will end up with officers who are EMTs jumping calls so they can get some good publicity, and that’s not what it’s about.”—Retired assistant fire chief A.D. Vickery

Stuart, from the firefighters’ union, declined to talk on the record about the union’s opposition to SPD officers responding to medical emergencies. But former SFD assistant chief A.D. Vickery, who started at the department in 1968 and retired in 2020, said he’s heard alarming reports about police officers “racing to the scene, putting everybody at risk, so they can be the first one to the patient.”

“The Fire Department responds to hundreds of thousands of alarms. We are very cautious. There’s lots of people on the rig all working to make sure we get to the scene in a  appropriate period of time without creating a hazard,” Vickery said. “If police continue to respond to [medical calls] unchecked, you will end up with officers who are EMTs jumping calls so they can get some good publicity, and that’s not what it’s about.”

SPD has declined to comment on the circumstances that led to Dave striking and killing Kandula in a crosswalk the night of January 23. Initially, an SPD blog post said the then-unidentified officer was responding to a nearby emergency call “at the request of” the fire department; later, a department spokeswoman updated the post to say SPD was responding “with” Fire. Subsequently, police chief Adrian Diaz said Dave was “responding as an EMT” to the initial 911 call itself.

Many police department officers are equipped with Narcan (naloxone) nasal spray, which can restore breathing by rapidly reversing the effects of opioids like fentanyl, sending a person who is overdosing into abrupt withdrawal. Although fire department EMTs have carried nasal naloxone since July 2022, the department prefers to deliver oxygen first to restore an overdose victim’s breathing.

“With the increase in people using both methamphetamine and fentanyl at the same time, our teams then work to stabilize the patient’s breathing with small doses of naloxone ([which]also avoids a painful opiate withdrawal from excessive naloxone) and reverse the overdose,” SFD medical director Dr. Michael Sayre said.

According to one theory, bringing people back slowly also makes it more likely they’ll agree—in their groggy state—to go to the hospital, where they can access opiate withdrawal meds and learn about treatment options. “Some patients, once recovered from the drug’s effects, may refuse transport. That is a concern because it is a lost opportunity to connect patients with support services… that could be offered through the emergency department,” Sayre said.

Although the fire department doesn’t want SPD responding to medical emergencies themselves, they do want police on site when they respond to overdoses. One reason, which Fire Chief Harold Scoggins cited in a recent letter to the city’s Community Police Commission, is that overdose patients can purportedly “become violent” after they’re revived. A spokeswoman for the fire department said patients who overdose on fentanyl while also using meth, in particular, can “become quite agitated… risking harm to themselves and others around them,” because “when both substances are present, the sedative effects of fentanyl are reversed by naloxone, and the stimulant effects of methamphetamine then predominate.”

Curious how often first responders actually encounter hostile situations from bystanders, I requested the fire department’s database of assault reports from EMS calls. In 2022, first responders logged 135 such incidents, which ranged from verbal abuse and threats to punches, “donkey kicks,” and a “wrestling match”; one person threw a hamburger at a fire truck.

But the main reason fire EMS wants police at the scene of overdoses, according to Vickery, is to “control the scene to allow the EMTs or the medical personnel to do their jobs” without having to worry about bystanders or opportunistic thieves. “The environment that the overdoses take place in now is a much more hostile environment,” Vickery said. “In 1968, you might have an overdose in a particular area and it really was isolated to the room and the people that knew them, but there was not this the hostility that exists today.” Overdoses often occur on streets or in encampments, including many that first responders won’t enter without SPD backup.

Curious how often first responders actually encounter hostile situations from bystanders, I requested the fire department’s database of assault reports from EMS calls, which only includes incidents that involved formal reports (in other words, it isn’t comprehensive). In 2022, first responders logged 135 such incidents, which ranged from verbal abuse and threats (“Stated that he was going to kill us and that we were ‘motherf***ers””) to punches, “donkey kicks,” and a “wrestling match”; one person threw a hamburger at a fire truck.

Only a few of the reported incidents involved people brought back from an overdose with naloxone who were “combative” afterward and had to be restrained.

Overall, the reports unsurprisingly include many people in obvious crisis—like the person who was “slamming his head against the sidewalk several times before being restrained by SFD crews for his own safety as well as ours,” or the “well-known [patient]” who threw water on fire fighters before “barricading himself” inside a bathroom.

The tension between police and fire about their roles as first responders isn’t going away, as the police foundation continues to solicit donations for “training, certification, and medical supplies” for cops to respond to emergency calls. Vickery says he has no problem with police officers getting EMT certification on their own time, but says “there needs to be clear delineation” between the role of police providing backup at medical emergencies and fire personnel responding to those emergencies as EMTs. “The fire department doesn’t arrest people—stay within the realm of what your responsibilities are and support each other,” he said.

Defensive Vision Zero “Top to Bottom Review” Recommends More of the Same

graph showing increase in Seattle traffic deaths from 2015-2021By Erica C. Barnett

Last July, incoming Seattle Department of Transportation director Greg Spotts promised a “top-to-bottom review” of the city’s Vision Zero program—a set of strategies, adopted in 2015, that are supposed to eliminate traffic deaths and serious injuries by 2030. Six months later, that review—titled, rather unimaginatively, “SDOT Vision Zero Top to Bottom Review”—is here. The diagnosis: Seattle is doing lots of great stuff, but if it wants to do better, it needs to do even more of the same—but only to the extent that it can, given all the obstacles that are outside the city’s control.

The review, a 37-page report supplemented by a graphics-heavy 22-page “overview,” includes exactly 100 recommendations—a nice round number that suggests padding. And indeed, almost a quarter of the strategies the report suggests are things SDOT is already doing—for example, “[c]ontinue to clarify and measure desired outcomes of educational programs. Many others are vague to the point of abstraction. What does it mean, for example, for a road engineering department to “[b]e willing to reduce vehicle travel speeds and convenience to improve safety,” or to “[b]uild SDOT Senior Team capacity as ambassadors for Vision Zero”? It’s understandable that this review doesn’t include specific project recommendations for specific streets; what’s perplexing is how few of the recommendations involve quantifiable results: Improve how? Build capacity in what sense? Accelerate how much, and by when?

The overview that accompanies the report does is a bit more specific, highlighting five “momentum-building actions” for 2023. This year, the report says, SDOT should phase in more No Turn on Red signs in downtown Seattle “in time for tourist season and the MLB All-Star Game”; add more leading pedestrian intervals—crosswalk signs that switch to “walk” before cars start moving—”where existing signal systems can support” the change; continue working with Sound Transit to improve safety along light rail in Southeast Seattle; address equity concerns about automatic traffic cameras; and change the role and title of SDOT’s chief engineer to include a focus on safety.

All these goals are limited in scope, either explicitly (protecting downtown tourists but not the rest of the city) or by caveats; they also fail to incorporate measurable goals or milestones that might allow Seattle residents to determine, at the end of the year, whether SDOT did what it said it would do. How many new no-right-turn signs is “more”? Who decides how many pedestrianized intersections are possible, and where? How will we know if the city has addressed equity concerns and is ready to move on to installing cameras to stop people from speeding through school zones?

Lowering the speed limit to 25 mph is fairly meaningless if you design roads to function like highways—as anyone who has tried to cross the street on Rainier Ave. South, where traffic lights are frequently more than a quarter-mile apart, can attest.

The report also fails to address safety on the broadest level, emphasizing individual behavior over the systems that enable and encourage dangerous driving. This echoes Seattle’s previous reports on Vision Zero, including a June 2022 presentation that contains many of the same graphics and recommendations as the new “Top To Bottom Review.” The 2022 report, presented just before Spotts arrived in Seattle, was actually more explicit than the new report in calling out road design as a central issue in traffic deaths, but it also suggested drivers just need to act differently: “We need people driving to slow down,” it implored.

Map showing traffic deaths and serious injuries in Seattle

Careless driving does involve individual choice, but being a “safe driver” is much easier in a system that doesn’t encourage going 60 mph in a 25 mph zone. Lowering the speed limit to 25 mph, for that matter, is fairly meaningless if you design roads to function like highways—as anyone who has tried to cross the street on Rainier Ave. South, where traffic lights are frequently more than a quarter-mile apart, can attest. 

To its credit, the report does note that traffic deaths happen most often on big, busy arterial roads, and acknowledges that crashes “often occur as a result of the way our transportation system has been designed.” However, it fails to recommend meaningful, immediate changes that might reverse bad past design decisions, such as narrowing streets and slowing down traffic to make collisions between cars and other road users less frequent and less deadly.

“One safety treatment is to analyze a street and see if reconfiguring lanes could improve safety and keep people and goods moving,” the report says, referring to the once-controversial idea of restriping roads to reduce the number of lanes. But the “safety treatment,” in reality, isn’t “analyzing” and “seeing if” highway-style city roads would benefit from conversion to slower streets; more than 12 years after the city’s first “road diet,” the concept is proven and does not need more study and analysis. We could just do it!

And even the recommendations that gesture at future changes to road design focus on the need to educate drivers on what they’ll lose, presenting a reduction in “convenience” (speed) as a negative result of greater safety. If SDOT is going to make roads safer, the report says, it has to let drivers know about the “expected impacts” to their “travel.” It also says that any changes to streets, such as restriping, must “maintain[…] transit and freight networks.” That could be a problem on dangerous arterials like Rainier Ave. S., which serves as a major transit and freight corridor (and is one of the most deadly streets in the city.) Pitting “convenience” against safety is also a false choice; there’s nothing convenient about shutting down a road because another driver has struck and killed another pedestrian.

Besides focusing on driver behavior, the review often uses old data to reach conclusions that may be less applicable in a post-lockdown world. For example, the report concludes that reducing speed limits on arterial streets to 25 mph is a Vision Zero success story, using data from 2018 and 2019 data to show that “lowering speed limits and increasing sign density alone—without any marketing campaigns, additional enforcement, re-timed signals, or engineering changes to the street—resulted in lower speeds and fewer crashes.” But that date all comes from before the pandemic, when fatalities spiked nationwide as people drove faster on emptier streets, disregarding speed limits and driving impaired more frequently.

City Councilmember Tammy Morales represents Southeast Seattle, where roughly half the traffic deaths in the city occur. Last week, she expressed dismay that the city’s Vision Zero report failed to call for “dramatic or swift action to combat the unprecedented number of collisions, injuries, and fatalities on our streets, particularly in District 2. Changing signal timing and adding leading pedestrian intervals will not change the geometry of our streets, and as a result, will likely not change the behavior of users on these dangerous stretches of roadway. These actions are a start, but we need to fundamentally change our streets to address this crisis.”

The Vision Zero Top To Bottom Review indicates that, at an unspecified point in the future, the department will be releasing a formal Vision Zero Action Plan to implement concrete steps to reduce traffic deaths and injuries. For those impacted directly or indirectly by traffic violence, the time for action was years ago.

Bill to Allow More Police Pursuits Would Sunset in 2025

By Ryan Packer

Two years ago, as part of a slate of police reform bills, state legislators passed a law barring police officers from pursuing people who fail to pull over when an officer directs them to do so. The only exceptions were if the officer had probable cause to believe the person had committed a violent or sexual crime, or when the officer had reasonable suspicion—a lower standard—to believe they were driving under the influence of drugs or alcohol.

On Thursday, the House’s House Community Safety, Justice, and Reentry committee advanced an amended version of House Bill 1363, which would allow pursuits under the lower reasonable suspicion standard for a broad number of offenses, including any violent offense, but would not allow police pursuits for any non-violent property crimes. Organizations like the Washington Association of Sheriffs and Police Chiefs have blamed the change in the law has been blamed for a spike in property thefts statewide, particularly stolen vehicles. Law enforcement agencies across the state had been putting their weight behind the original version of the bill, sponsored by Rep. Alicia Rule (D-42, Blaine), that would have allowed pursuits for all criminal offenses. 

Committee chair Roger Goodman (D-45, Redmond) put forward the new version of the bill, which he said is intended to “limit the scope of this bill, but also to keep the conversation going.” The bill includes a 2025 expiration date; if the legislature doesn’t adopt new pursuit rules before then, the rules for pursuits would automatically revert to the 2021 law. 

Only one member of the committee, Rep. Darya Farivar (D-46, Seattle), voted against advancing HB 1363, saying she wants to make long-term changes to the current law this year. While 1363 moves forward on the House side, Democrats in the state senate are advancing a proposal to take a broader look at pursuits.

“I’ve never seen, in my 31 years of law enforcement, the state and the condition of our state when it comes to open lawlessness and complete disregard for our laws that keep the community safe.”—Kent Police Chief Rafael Padilla

When they passed police pursuit law in 2021 reform, legislators said they wanted to reduce the number of high-speed police pursuits because of the risk they posed to the public, including pedestrians. According to an analysis by retired University of Washington researcher Dr. Martina Morris, just three people (all bystanders) have been killed as the result of police pursuits since the new law went into effect in July 2021, compared to nine in a comparable period immediately pre-reform.

Advocates for changing the law, including multiple mayors (though not Bruce Harrell), the Association of Washington Cities (AWC), and the Washington Association of Sheriffs and Police Chiefs, said the new law resulted in significant numbers of people taking advantage of it to flee police.

Many cities (though not Seattle) included the issue at the top of their official legislative agenda for 2023. “In 2021, AWC was an engaged supporter on many of the police reforms that the Legislature adopted, but we understand that law enforcement is complex and that sometimes legislation needs revising when the impacts become clearer,” the AWC more than 200 local elected officials said in a letter to legislators this week. ”In the case of the limits adopted on police pursuits, we think revisions are necessary to improve public safety outcomes in our communities.”

“I’ve never seen, in my 31 years of law enforcement, the state and the condition of our state when it comes to open lawlessness and complete disregard for our laws that keep the community safe,” Kent Police Chief Rafael Padilla told the House Community Safety, Justice, & Reentry committee last month.

Police accountability advocates argue that rolling back the law would erase progress toward reform. “From our view, we’ve got something that’s working. It’s not fun, it’s not comfortable, we have a lot of work to do as a society to figure this stuff out. This bill absolutely does not represent what that positive change and momentum needs to be,” Kurtis Robinson, president of the Spokane NAACP speaking on behalf of the Washington Coalition for Police Accountability, told that committee.

Morris’ analysis found that the law has been effective. (An earlier version of the analysis included two deaths caused by a driver who believed he was being pursued. Morris removed that incident during a review of all the pursuit incidents after its inclusion was questioned.)

“Estimates are that on the order of 30 percent of all pursuits end in an accident. When I’m talking about the fatalities, these were the key thing we were interested in, but it’s the tip of the iceberg in terms of the damage that’s caused by pursuits.”—Retired UW researcher Dr. Martina Morris

Morris told PubliCola the benefits of reducing police pursuits go beyond lives saved. “There are public safety risks from pursuits. Fatalities are just one of the parts of the collateral damage with these vehicle pursuits,” she said. “There are also injuries, property damage, and estimates are that on the order of 30 percent of all pursuits end in an accident. When I’m talking about the fatalities, these were the key thing we were interested in, but it’s the tip of the iceberg in terms of the damage that’s caused by pursuits.”

The data primarily comes from the website fatalencounters.org, a database created by researchers at the University of Southern California to track all types of deaths occurring nationwide where police officers are involved. Individual police departments are not required to provide information on these events on their own, so the information has to be obtained through media reports.

An alternative to HB 1363 is currently working its way through the state senate. Senate Bill 5533, sponsored by former Washington State Trooper John Lovick (D-44, Lake Stevens) would keep current state law in place until 2024 while a work group within the state’s Criminal Justice Training Commission, comes up with a model pursuit policy for the state to adopt, and do so by fall of 2024. This proposed model policy would outline exactly when police should be able to pursue suspects, and would be created in coordination with representatives of the state’s law enforcement groups.

Any model policy would likely only be binding on police departments who wanted to adopt a more loose pursuit policy; cities like Seattle, which had more stringent requirements on when officers could pursue, would be able to leave those policies in place, leaving open the possibility that some departments could decide to stick with current state law.

But the bill creating a model policy has come under fire by some Republicans, like Sen. John Braun (R-20, Centralia) who said it would be “letting legislative Democrats off the hook” in an op-ed in the Seattle Times last week. Braun is pushing for an immediate fix.

But waiting would also provide additional time for Washington to see how the current law is impacting public safety— whether Dr. Morris’s conclusions continue to bear out. “I can’t create more time for this law to have been in place,” she said of the relatively small sample size at the heart of her study. “But the legislature can.”

 

“Overdose Patients Can Become Violent”: Fire and Police Respond to Questions About Pedestrian Death

File:Seattle fire department medic 80.jpg
Atomic Taco, CC BY-SA 2.0, via Wikimedia Commons

By Erica C. Barnett

On Wednesday, the Seattle Police and Fire Departments responded to questions from the Community Police Commission about some of the circumstances that may have contributed to the death of Jaahnavi Kandula, a 23-year-old pedestrian who was killed in a marked crosswalk by SPD Officer Kevin Dave. Dave was driving to join Seattle Fire Department EMTs at a suspected overdose in South Lake Union. According to the response from Seattle Fire Chief Harold Scoggins, Seattle Fire Department policy requires police to be present when SFD responds to overdoses, because “overdose patients can become violent during treatment to reverse the overdose.”

The CPC asked the Fire Department to explain the reason it requires police officers to be present when Fire responds to overdose calls, posing four questions about the policy, how it came about, and “What percentage of drug overdose calls prior to the implementation of this policy included compromised safety, assaults, and/or injuries to SFD personnel related to reversing the effects of an overdose?”

In his response, Seattle Fire Chief Harold Scoggins said that the requirement “goes back at least 20 years and is designed to provide scene safety for firefighters and paramedics as overdose patients can become violent during treatment to reverse the overdose.” He did not answer the CPC’s question about how common it is for people coming out of overdoses to be violent, saying only that “[e]ncountering combative patients or bystanders on emergency responses has unfortunately become a reality for firefighters and paramedics.”

Narcan (or naloxone), the widely available overdose reversal drug, is used daily by non-emergency responders, including drug users themselves, and other public employees are trained to use it in the absence of paramedics or any armed response. In 2019,  then-Washington state health officer Kathy Lofy signed a “standing order” that made Narcan available over the counter without a prescription to any person who wants it, calling it a “very safe,” life-saving medication.

“When weighing the decision to respond using emergency driving, officers must consider if the incident is life threatening, road conditions, vehicle and pedestrian traffic, weather, speed, lighting, and their own driving abilities.”—Police Chief Adrian Diaz

In his letter, Scoggins said SFD has developed a “new method for tracking assaults and threatening behavior experienced by firefighters in the field,” in general, and has begun reporting this information. PubliCola has asked SFD for this data and will update this post with additional information when we receive it.

Seattle Police Chief Adrian Diaz also responded to the CPC’s questions. After describing the training officers receive in “emergency driving”—driving under emergency circumstances, such as a high-priority call where someone’s life is at risk—Diaz said officers are justified in taking “risks [that] “can result in severe consequences for the public and the officer. … When weighing the decision to respond using emergency driving…. [o]fficers must consider if the incident is life threatening, road conditions, vehicle and pedestrian traffic, weather, speed, lighting, and their own driving abilities.”

Diaz said the fact that the overdose was a Priority 1 call would not, in itself, necessitate emergency driving. “The priority level is a factor to consider but is not generally controlling,” Diaz wrote. “While many Priority 1 calls would warrant emergency driving under our current policy and training, not all do and officers are expected to consider the totality of the circumstances.”

PubliCola has filed a records request the audio from the initial 911 call; SPD categorically denied a separate request for all recorded audio related to the Kandula’s death, citing their ongoing investigation into the incident.

In a conversation with PubliCola last week, SPD Chief Adrian Diaz noted that Dave is a licensed EMT who was headed to the scene of a medical emergency, implying that he was on the way to respond to the reported overdose, not to provide security for the Fire Department. On February 6, the head of the Seattle Fire Fighters Union, Kenny Stuart, expressed frustration about SPD officers getting trained as EMTs and responding to medical emergencies like overdoses directly, saying this was the responsibility of the fire department, not SPD. (It’s a longstanding, ongoing issue.)

“Our EMS delivery system under the Medic One program is arguably the best in the country, and randomly allowing additional EMTs from other city departments to self-dispatch or to perform EMS functions at an incident does not improve or support the level of care we demand from this program,” Stuart wrote. “In fact, it unnecessarily complicates our response and diminishes the service that the public depends on and expects.”

Seattle Fire Department firefighters and paramedics are “the only personnel that are dispatched as EMTs” to medical emergencies, Stuart continued, “and they should be the only personnel who deliver EMS to the people of Seattle. We need our police officers to provide scene security and protect us so we can do our jobs effectively.”

Several years ago, SFD’s medical director told PubliCola the fire department preferred to use rescue breathing—a method to restore breathing in overdose victims without Narcan—followed by intravenous naloxone to facilitate a slower return to normal breathing without putting a person into instant opiate withdrawal. We’ve asked SFD whether this is still the department’s policy, and how the emergence of fentanyl has impacted overdose response, and will update this post when we hear back.

PubliCola has also reached out to Stuart.