Tag: Adrian Diaz

OPA Releases First Findings from SPD Protest Response Complaints

SPD officer seen placing his knee on a demonstrator’s neck on May 30 (Screenshot from video by Matt McKnight, Crosscut)

By Paul Kiefer

On Friday morning, the Office of Police Accountability (OPA) released the first set of five completed investigations into alleged misconduct by Seattle Police Department officers during the protests that followed the murder of George Floyd in May. These investigations amount to only a tiny fraction of the OPA’s remaining protest-related caseload. The office consolidated more than 30,000 complaints it has received about SPD’s response to demonstrations into more than 100 separate investigations.

The documents released Friday included two investigations stemming from high-profile incidents during the first days of the protests: One in which an officer was accused of kneeling on two demonstrators’ necks during an arrest downtown on the night of May 30; and a widely-publicized incident in which an officer pepper-sprayed an seven-year-old child earlier the same day.

OPA Director Andrew Myerberg only found evidence to sustain two of the four complaints that stemmed from the nighttime arrests. Based on video of the incident, Myerberg concluded that the officer had only kneeled on the neck of one of the demonstrators and instead kneeled on the other demonstrator’s head.

In an interview on Thursday, Myerberg said that “a knee on the head is not against [SPD] policy,” but added that “it’s not encouraged, and [officers] aren’t trained to do it.” Kneeling on a demonstrator’s neck, however, is now against department policy; at the time of the arrest, those restraints were only “strongly discouraged.”

If the OPA had been able to conclude that the officer had intentionally used a neck restraint to restrict the protester’s breathing, the office would have been able to recommend more serious disciplinary action. Myerberg said the SPD policy manual defines a prohibited neck restraint as the intentional application of pressure to a subject’s neck for the purpose of “controlling a subject’s movement or rendering a subject unconscious.” Myerberg said he couldn’t disprove the officer’s claim that he had unintentionally placed his knee on the man’s neck, but he did determine that “what the officer did was not proportional or necessary, because even if inadvertent, the risk of harm is pretty substantial.”

Therefore, the OPA concluded that the officer had unintentionally violated the department’s use of force policy. The OPA also sustained a complaint that the same officer had inappropriately cursed at and threatened demonstrators, calling one woman a “bitch” and telling a fellow officer that he would “fuck up” another demonstrator.

Interim Chief Adrian Diaz will now be responsible for determining how to discipline the officer for both offenses. ”

The OPA also sustained a professionalism complaint against a different officer for an  incident in which the complainant filmed him saying, “I have a hard-on for this shit and, if they cross the line, I will hit them” while responding to a demonstration. The officer in question admitted his wrongdoing to the OPA‚ saying he said he had been quoting a movie (“Top Gun”).

His admission of wrongdoing opened the door for Myerberg to make use of a new disciplinary track for SPD officers called rapid adjudication, which began as one of the accountability reforms proposed by former OPA Auditor and retired Judge Anne Levinson in 2014 and adopted in 2018 as part of the Seattle Police Officers Guild contract.

In a rapid adjudication case, the officer accepts a disciplinary action and waives the right to an investigation or an appeal, saving the city and themselves from an investigative process that could last up to 6 months. The goal of rapid adjudication, or RA, Levinson said, “was to create a department in which officers can admit their mistakes and acknowledge responsibility. Typically, union contracts prioritize due process‚ officers have the right to investigations, for instance—so there wasn’t room for officers to admit wrongdoing.”

In this case, the officer will only receive a written reprimand. At the moment, Myerberg’s office doesn’t measure the efficacy of disciplinary actions in changing officers’ behavior, but he hopes they will start tracking that data in the future. “We could look at recidivism,” he says, adding that a punishment as minor as a written reprimand could still incentivize good behavior because multiple reprimands are grounds for the department to suspend or terminate an officer.

Myerberg’s office did not sustain the complaint against the officer who pepper-sprayed the seven-year-old, concluding instead that the officer had not intended to spray the child and therefore hadn’t violated department policy. The OPA wasn’t able to interview the child or his father (who was pepper-sprayed alongside his child) after the family’s legal counsel didn’t respond to the OPA’s interview requests.

However, based on body camera footage and officer testimonies, the OPA found that the father and child were standing behind a woman who was trying to wrestle away an officer’s baton; when that woman ducked, the pepper spray hit the child. The bodycam footage also appeared to disprove the father’s claim that he and his child had been praying with members of their church just before the incident: the footage showed the father yelling obscenities at officers in the lead-up to the incident.

Because a picture of the child crying after being pepper-sprayed circulated widely on social media, Myerberg expects the OPA’s findings in that case to be unpopular, but he also doesn’t believe his office has legal grounds to push for disciplinary action against the officer. Instead, he said, the City Council’s crowd control weapons ordinance—the subject of an ongoing court battle—could provide recourse in similar situations in the future.

Because the ordinance bans the use of several less-than-lethal weapons (including pepper spray) in crowd-control scenarios, Myerberg said that in the future, “officers could be liable even for unintentional harm.” It would not, however, open the door to retroactively punish the officer for pepper-spraying the child on May 30.

The OPA also declined to sustain complaints in two other cases. In one, protesters alleged that an officers violated the department’s use of force policy by pushing them back with batons; one complainant added that because of his sexual orientation, the officers’ aggression “seemed homophobic.” After reviewing the bodycam footage, Myerberg found no reason to conclude that the officers had used excessive force, nor did he find evidence that the officers acted out of bias.

The second case arose from a complaint that an SPD officer pushed down an elderly man on Capitol Hill on May 30th. The person who filed the complaint, however, heard about the incident second-hand, and Myerberg’s office couldn’t find any witnesses or video evidence of the incident to back up the complaint.

The OPA will continue to release protest-related findings on a rolling basis. Myerberg’s office has not given a timeline for the next sets of investigations, but the OPA website includes a dashboard showing the progress of demonstration-related complaint investigations.

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

Image by zeraien via Wikimedia Commons.

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Seattle Police Chief Carmen Best Stepping Down September 2

By Erica C. Barnett

Shortly after the city council’s vote to reduce the Seattle Police Department’s budget about 7 percent this year—with a promise of much more to come—Seattle Police Chief Carmen Best announced she is stepping down on September 2. Assistant police chief Adrian Diaz will serve as interim chief.

The C Is for Crank independently confirmed Best’s resignation.

Best, the first African American woman to serve as police chief in Seattle’s history, has been criticized by advocates for police defunding, including those who were injured by “less-lethal” weapons such as tear gas during recent protests, and praised by the mayor and SPD supporters for defending her department in the face of proposals to cut its funding.

Best recently made headlines when she praised her neighbors in Snohomish, where she lives, for chasing away a group of protesters who attempted to go to her home; video posted by the Every Day March demonstrators show a blockade of pickup trucks across the road and at least one man wielding a shotgun.

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In a letter to her staff, Best directed her praise toward Mayor Jenny Durkan and the rank and file, thanking the mayor “for her continuous support through good times and tough times” and assuring officers that despite “these difficult times…the vast majority of people in Seattle support you and appreciate you.”

“I look forward to seeing how this department moves forward through the process of reenvisioning public safety,” Best continued. “I relish the work that will be done by all of you.

She said nothing about the city council, which voted last week to reduce her salary from nearly $300,000 to $171,000, then decided against it today.

Durkan responded to Best’s letter by sending her own letter to officers, which called Best’s leadership “unmatched nationwide, which is why it is a sad day for our City to lose her.”

Best (and the mayor) have consistently opposed attempts to defund the police department, arguing that the city has been a model of reform and transparency and that cuts would jeopardize SPD’s ability to respond to crimes in progress like burglaries and rapes.

Although Best didn’t give a specific reason for her resignation, Durkan did, saying in her letter to SPD staff that Best left because “she concluded that the best way to serve the city and help the department was a change in leadership, in the hope that would change the dynamics to move forward with the City Council.” 
“I also know it seems like the real strides SPD has made in recent years are going unrecognized,” Durkan wrote. “[Y]our work and dedication is probably more important than it has ever been, and … the city needs and supports you.”