Tag: King County Sheriff’s Office

“Write a Check for $11,000. She Was 26, She Had Limited Value.” SPD Officer Jokes with Police Union Leader About Killing of Pedestrian by Fellow Cop

By Erica C. Barnett

In a conversation with Mike Solan, the head of the Seattle Police Officers’ Guild, Seattle Police Department officer and SPOG vice president Daniel Auderer minimized the killing of 23-year-old student Jaahnavi Kandula by police officer Kevin Dave and joked that she had “limited value” as a “regular person” who was only 26 years old.

In the video, taken in the early morning after Dave hit Kandula in a crosswalk while speeding to respond to a call from a man who believed he had taken too much cocaine, Auderer says he has talked to Dave and he is “good,” adding that ” it does not seem like there’s a criminal investigation going on” because Dave was “going 50 [mph]—that’s not out of control” and because Kandula may not have even been in a crosswalk. Auderer added that Dave had “lights and sirens” on, which video confirmed was not true.

In fact, as we reported exclusively, Dave was driving 74 miles an hour in a 25 mile per hour zone and struck Kandula while she was attempting to cross the street in a marked and well-lighted crosswalk.

“I think she went up on the hood, hit the windshield, then when he hit the brakes, she flew off the car. But she is dead. No, it’s a regular person. Yeah, just write a check. Yeah, $11,000. She was 26 anyway, she had limited value.”—Seattle police officer Daniel Auderer, joking with police union president Mike Solan about the death of pedestrian Jaahnavi Kandula earlier that night.

“I don’t think she was thrown 40 feet either,” Auderer told Solan. “I think she went up on the hood, hit the windshield, then when he hit the brakes, she flew off the car. But she is dead.” Then Auderer laughed loudly at something Solan said. “No, it’s a regular person. Yeah.”

We have asked SPOG via email what Solan asked that made Auderer clarify that Kandula was a “regular” person, as opposed to another type of person Dave might have hit.

“Yeah, just write a check,” Auderer continued. Then he laughed again for several seconds. “Yeah, $11,000. She was 26 anyway, she had limited value.” At this point, Auderer turned off his body camera and the recording stops.

Joel Merkel, the co-chair of Seattle’s Community Police Commission, called the video “shockingly insensitive.

“I was just really struck by the casual laughter and attitude—this was moments after she was killed,” Merkel said. “You have the vice president of SPOG on the telephone with the president of SPOG essentially laughing and joking about the pedestrian’s death and putting a dollar value on her head, and that alone is just disgusting and inhumane,” Merkel said.

Rantz claimed Auderer had immediately “self-reported” his comments by filing his own complaint with the Office of Police Accountability (OPA). After this post went up, OPA confirmed that the initial complaint actually originated with SPD employee who reported the incident on August 2, not Auderer, whose letter is dated August 8.

Right-wing commentator Jason Rantz attempted to pre-spin the video as an empathetic response that included a bit of “gallows humor,” saying the comment was “being described as a ‘leak’ of the content to media members who are hypercritical of police.” Rantz claimed Auderer had immediately “self-reported” his comments by filing his own complaint with the Office of Police Accountability (OPA). After this post went up, OPA confirmed that the initial complaint actually originated with SPD employee who reported the incident to OPA on August 2—not Auderer, whose letter is dated August 8.

Rantz also claimed the two police union officials’ comments were meant to “mock city lawyers” who work on cases in which police officers kill or harm civilians, which, Merkel says, “doesn’t make it any better and possibly even makes it worse! Because [in that case] you have SPOG complaining or mocking or joking about police accountability, which is really at the heart of the consent decree.”

Last week, US District Judge James Robart lifted the majority of a federal consent degree over SPD that has been in place since 2012, finding the department in full compliance with the portions of the agreement that dealt with use of force and bias-free policing, while maintaining federal oversight of the departments crowd-control and accountability policies. The city is currently locked in contract negotiations with SPOG. The city’s most recent contract with SPOG erased or neutralized reforms the city council, which included now-Mayor Bruce Harrell, passed in 2017.

Although Robart has said he has no authority to get involved in SPOG negotiations, Merkel said he was encouraged that he also said he “felt he had the jurisdiction to impact the contract to the extent that it affects accountability” during last week’s court hearing in which the judge largely terminated the agreement.

PubliCola requested videos and documents related to the collision through the ordinary public disclosure process several months ago and has been receiving installments through the regular public disclosure process.

SPD did not respond to a request for comment. Half an hour after this post went up, the department posted the video on its website, along with a statement. According to the post, an SPD employee “identified” the video “in the routine course of business” and alerted their supervisor; when the video made its way to Police Chief Adrian Diaz’s office, the post says, his office sent it to the Office of Police Accountability (OPA) for investigation. Again, Auderer’s “self-report” came nearly a week after the initial OPA complaint

“As others in the accountability system proceed with their work, we again extend our deepest sympathy for this tragic collision,” SPD’s blog post says.

Auderer has been on the police force for 12 years and has been investigated by OPA for dozens of allegations, including several that involved violence against members of the public. In many cases, OPA has sustained, or upheld, the complaints.

In one incident, Auderer and his brother—a police officer for another jurisdiction—pulled a person out of their apartment without identifying himself as a police officer, failed to inform him of his Miranda rights, and did not report the incident to his bosses. Auderer was suspended for four days for that incident. In another, he chased down someone who was urinating in public and tackled him onto the concrete, injuring him. (Auderer later claimed he was trying to keep the man from running into traffic, which the investigator called “a logical stretch.”

“Indeed, this is not the first time that OPA has had such concerns. [Auderer] had numerous cases over the last two years in which it was alleged that he was unprofessional.”—Office of Police Accountability investigator

Many other complaints about Auderer involved alleged lack of professionalism. In one case, he threatened to break a person’s arm if he reached for his keys, asked if he was mentally ill, and failed to put a seat belt on him while he was handcuffed in the back of Auderer’s patrol car. Although OPA effectively dismissed the complaints in that case by giving Auderer a training referral, the investigator expressed concern with Auderer’s “general approach to this incident, his demeanor, and the way he interacted with the Complainant. Indeed, this is not the first time that OPA has had such concerns. [Auderer] had numerous cases over the last two years in which it was alleged that he was unprofessional.”

In another case, which was sustained, Auderer appeared to mock a woman who said she was developmentally disabled and had cognitive challenges that made it difficult for her to remember specific instructions during a DUI test. He then accused her of lying about being a veterinary nurse, suggesting she wasn’t capable of holding such a complicated job. “I know you usually get a reaction out of people, but you’re not going to get a reaction out of me,” Auderer told the woman, who appeared to be responding calmly and reasonably. He then informed another officer that she was “220,” code for mentally ill, in her presence, and said, “You also need to go see your mental health professional and I think you know that.”

Several other complaints against Auderer involved what appeared to be overzealous investigations of driving under the influence, such as a case in which he “effectuated an arrest” by another officer of a dead-sober man who briefly swerved his car because he was eating a hot dog. “I very much empathize with the subject who suffered through a Kafkaesque experience,” the OPA investigator wrote.

The King County Prosecutor’s Office has not yet decided whether to prosecute Dave in the case, which is under criminal investigation.

This is a developing story and will be updated.

Arbitrator Reinstates Deputy Who Fatally Shot Driver; SPD Officer Fired for “Inexcusable” Twitter Posts Loses Appeal

1. A private arbitrator has reinstated a King County Sheriff’s Office deputy who was fired in 2021 after fatally shooting a man who was driving a stolen truck with a dog inside.

The deputy, George Alvarez, was driving an unmarked Yukon SUV and in plainclothes when he and his partner, Josh Lerum, began following a stolen truck driven by Black Diamond resident Anthony Chilcott.

According to a report from the county’s Office of Law Enforcement Oversight, after seeing the truck parked on the side of the road, Alvarez T-boned Chilcott’s truck with his Yukon, running it up onto some nearby boulders. When Chilcott tried to escape, the two deputies, whose clothes did not identify them as law enforcement, smashed out both of his front windows with sledgehammers, pistol-whipped him, and shot him in the head. The entire incident, from the initial pursuit to Chilcott’s death, took less than four minutes.

King County agreed to pay a $2.5 million settlement to Chilcott’s family in 2021. Then-Sheriff Mitzi Johanknecht fired Alvarez, but not Lerum, saying Alvarez had escalated the situation by pulling up on Chilcott when he was stopped, sticking his hand in the truck, and “continuing to break and pull out windows” when he knew backup was on the way, resulting in “in a series of bad tactical decisions.” Alvarez, according to a 2021 article in the Seattle Times, had shot at least five people while on duty in the past, and was the subject of a previous criminal investigation for “roughing up” an informant.

A spokesperson for King County said the county was “disappointed” in the reversal and “stands by its original disciplinary decision. … Given the arbitrator’s order and consistent with our collective bargaining agreement, our Human Resources team will be working with the Sheriff’s Office to determine the next steps for this individual to safely return to service, including determining what additional training is necessary.

The decision by California arbitrator Najeeb Khoury, which reinstates Alvarez without back pay, was posted on the state Public Employee Relations Commission’s website on Monday.

In the decision, the arbitrator argues that the sheriff’s department agreed that Alvarez had failed to de-escalate the situation as he had been trained to do, but said the sheriff’s department had given Alvarez “mixed messages” by encouraging that officers use de-escalation (which the decision describes as “a relatively new concept” at the time of the 2019 shooting) while simultaneously praising the SWAT team member for being a “hunter” who caught “bad guys.”

Additionally, the arbitrator said firing Alvarez was out of proportion to his “failure to perform up to standards on one occasion” and that his decision to use force was understandable given the circumstances.

“Sheriff Cole-Tindall has discretion to determine duty assignments, and the Sheriff does not intend for this individual to return to SWAT duties,” the county spokesperson said. “Deescalation training at the county has evolved since the original incident, and the latest versions help ensure that deputies are better able to respond to situations with best practices.”

According to a 2020 study that examined hundreds of arbitration cases over 15 years, independent arbitrators overturned or reduced police discipline more than half the time, and ordered police departments to rehire officers they terminated 46 percent of the time.

Tamer Abouzeid, the director of King County’s Office of Law Enforcement Oversight, told PubliCola that the decision—which the county has no authority to overturn—highlights the need to reform state law governing arbitration. “Only the state legislature has the power to create consistent standards around police misconduct investigations and discipline, including empowering oversight agencies and department chiefs to hold officers accountable,” he said.

“The decision also highlights that the Sheriff’s Office is using an unnecessarily high burden of proof in making findings, Abouzeid continued, using the high “clear and convincing” evidentiary standard to determine whether an officer violated policy, rather than “the widely accepted ‘preponderance of the evidence’ standard.” This, unlike the arbitrator’s ruling, is a matter of policy and can be changed. “While we do not know whether that would have led to a different result in this case, I hope this decision can act as an impetus for changing the burden in all administrative investigations” to a preponderance of the evidence, Abouzeid said.

2. Another police officer who was fired for his behavior, Seattle police officer Andrei Constantin, had his appeal dismissed on Tuesday after he failed to show up for his hearing in front of the Public Safety Civil Service Commission. The dismissal means that SPD Chief Adrian Diaz’s decision to fire Constantin over his “inexcusable” social media posts will stand.

The PSCSC, a three-member appointed body that hears appeals from police and firefighters who were fired, demoted or suspended, had blocked out two full days for the hearing. According to PSCSC chair Stacy Connole, who spoke briefly on Tuesday, the commission had “quite extensive discussions” about the schedule for the hearing and had tried to call, text, and email Constantin but was unable to reach him.

According to the SPD disciplinary action report explaining why Constantin was fired, the officer used an anonymous Twitter account to post dozens of “extremely unprofessional, offensive, derogatory, and entirely unacceptable” tweets that “celebrated violence against protesters, ridiculed human beings who were injured or killed, taunted the family members of deceased individuals, and publicly accused SPD of hating its employees, blamed victims of assault, appeared to celebrate a homicide, and stated George Floyd ‘got justice.’” In one case, he told the mother of an activist who was murdered, “Rest in piss bitch.”

Constantin had been the subject of at least nine other disciplinary complaints when he was fired, and received an eight-day unpaid suspension after shattering the driver-side window of someone’s car while they were sitting at a gas station.

Audit of Sheriff’s Office Finds Racial Disparities; Parking Officers Want Access to Crime Database; West Seattle Sweep Illustrates Futility of Sweeps

1. A new audit of the King County Sheriff’s Office found significant racial disparities in use of force, arrests, and who becomes a “suspect” in areas where the sheriff’s office is the primary law enforcement agency.

Residents and sheriff’s deputies “reported Black people as suspects and officers arrested Black people at rates nearly four times higher than expected given their proportion of the county population,” according to the audit report.

Although the county’s data on use of force was limited—619 calls led to a use of force between 2019 and 2021—the audit found that “overall, White officers as a group used force twice as often as Black or Asian officers. Additionally, both Black and Hispanic people were subjected to uses of force more often than White people.”

As the chart above shows, there were also major disparities in arrests—specifically, Black people were three and a half times more likely to be arrested than their proportion of the population would predict. In some areas, such as Sammamish and Woodinville, Black people were arrested at a rate more than ten times out of proportion to their population.

After “controlling” for overall arrest rates between various racial groups, that differential more or less disappears, but it still illustrates major upstream disparities, principal management auditor Peter Heineccius told the King County Council on Tuesday: Black, brown, and Native American people are far more likely than white and Asian people to become suspects (in part because people call police on them more), and more likely to be arrested as the result of a 911 call.

“This shows the risk of how an analysis that controls for certain factors might explain away racial disparities because it removes analysis of how [people of] different races become suspects,” he said.

Another factor that makes it hard to grasp the scope of racial disparities in stops and detentions: The sheriff’s office does not collect information about race during the vast majority of encounters with the public. Under the department’s interpretation of a law intended to protect immigrants from ICE, the county council would need to change county law to allow officers to start routinely recording the race of people they encounter.

“Previous Sheriff’s Office leadership has also stated that officers should not collect information about race, limiting the ability to quantify and ultimately reduce racial disparities,” the audit says.

Calling in to the council meeting on Tuesday, county Sheriff Patti Cole-Tindall said she “was heartened to see that while the report did say there are racial disparities, the amount of force that we use, based on the number of contracts was very, very minimal”—about 0.06 percent of all calls for service result in force, according to the audit.

2. The city’s decision to refund around $5 million in parking fines, and drop the equivalent of another $5 million in tickets, is not the only issue parking enforcement officers have raised during their transition from the Seattle Police Department to the Seattle Department of Transportation. Parking officers, who are considered “special police officers” under the commission from SPD that was at the center of the parking ticket snafu, want to retain access to the Criminal Justice Information System, a that allows police to do background checks on vehicle owners, via radio, before making a stop.

Now, the union that represents the parking enforcement officers, the Seattle Parking Enforcement Officers Guild (SPEOG), filed an Unfair Labor Practice complaint against the city for taking away their access to CJIS without bargaining the changes with the union. CJIS is only available to law enforcement officers; the state Public Employment Relations Commission is currently considering their claim.

“We sill have access to radio—it’s that the information is not the same as when we were at SPD,” said SPEOG president Chrisanne Sapp. “We are able to read between the lines, but with the body of work that we do, I don’t find that reading between the lines is an acceptable response.”

PERC hearings are not public; however, representatives from the city have argued that parking enforcement officers can still call in plates and find out if they should avoid a parked vehicle, even without access to the information system.

2. The recent removal of a small encampment from a park near the West Seattle Golf Course illustrates the problem with the city’s approach to sweeps, according to Keith Hughes, a neighbor who runs a day center at the nearby American Legion hall: Without housing and meaningful services, people just come back.

All five people who were living in Totem Pole Park a week ago returned to the area within three days, according to Hughes, including a couple who moved their tent temporarily to another location and three single men who stayed a couple nights in a large downtown shelter and came back to West Seattle days after they left. One of the men subsequently attacked Hughes physically, he said, punching the 74-year-old in the face and leaving him with a droopy eye, a large cut, and bruises on his left shoulder. Continue reading “Audit of Sheriff’s Office Finds Racial Disparities; Parking Officers Want Access to Crime Database; West Seattle Sweep Illustrates Futility of Sweeps”

Council Funds Police Hiring Compromise, More Delays In Store for Civilian 911 Response, and Sheriff Questions Impact of Hiring Bonuses

1. It’s easy to forget, after the charged backlash election of 2021, that there was a time when the city seemed ready to rapidly replace some police officers with civilian first responders, particularly for low-level crisis calls that are often made far more dangerous by the presence of cops with guns. Since 2020, when protests against police violence galvanized Seattle officials to make pledges to reduce the size of the police force, the city has taken a hard turn toward the rhetoric and policies of an earlier era, one characterized by ever-expanding police budgets and support for law-and-order policies

On Tuesday, the city council’s public safety committee voted to release $1.15 million in unspent funds from the police department’s 2022 budget to help address a level of attrition on the force that several council members described as a crisis. The legislation was a compromise between two proposals by committee chair Lisa Herbold and Councilmember Sara Nelson, who has argued that hiring bonuses (and police spending generally) will help keep Seattle residents safe.

Nelson, who had tried to introduce an ordinance releasing all the money SPD won’t spend this year (about $4.5 million) because the council provided more money for new hires than SPD can spend, said “people are dying” because there aren’t enough police, adding that “our community gatherings” are also “at stake” if the city doesn’t hire more officers quickly.

The compromise measure the council adopted will pay for a new SPD recruiter, relocation expenses for officers moving from elsewhere, an ad campaign to recruit new officers, and a national search for a permanent police chief. Only council budget chair Teresa Mosqueda voted against the plan, arguing that there are other actions the city could take to improve public safety besides a recruitment campaign for police, such as funding shelter and behavioral health services.

2. Mosqueda and most of the current council (though not Nelson) were around in 2020 when the council began discussing ways to replace police with civilian responders for some 911 calls, such as calls about people passed out in public or those experiencing certain kinds of health emergencies. Although the Seattle Fire Department has two Health One units to respond to some medical crisis calls, another response unit called Triage One never got off the ground, thanks in part to a dispute with the firefighters’ union over civilianizing a body of work that has been the job of firefighters.

On Tuesday, SPD data crunchers and Mayor Bruce Harrell’s public safety advisor, Andrew Myerberg, gave the public safety committee an update on the halting progress toward launching an initial pilot program to send civilian responders to certain kinds of calls. Very quickly, though, it became clear that the police department believes that the data the city previously based its support for civilian response—a report by the National Institute for Criminal Justice Reform, which found that at least 12 percent of all 911 calls could be transferred to civilian responders right away—is misleading and unreliable.

“Whenever we have a presentation like this, it’s like we have no conception of how a major us city can respond to calls differently, but we have a major US city”—Denver, whose STAR team responds to thousands of crisis calls—”and they’ve been responding to these calls for two years.” —City Councilmember Andrew Lewis

“We don’t believe that was a responsible analysis, and they did not taken into account many of the variables that are critically important to safely answer these calls,” SPD chief operating officer Brian Maxey said. In particular, Maxey and SPD senior research scientist Loren Atherley took issue with the fact that the numbers in the NICJR report (called “Nick, Jr.” for short) didn’t include data about how various call types turned out—for example, whether a call for what seemed like a low-acuity health issue resulted in violence.

The SPD researchers said that before the city can move forward with any kind of pilot program, they need to spend months analyzing actual call data and running it through a complex matrix to determine how risky each call type is in practice; then, and only then, will it be safe for SPD to consider letting people other than armed officers respond to some calls. As an example, Atherley said, the NICJR report only identified 300 types of calls; SPD’s analysis, in contrast, shows that the 400,000 or so 911 calls each year break down into 41,900 different categories. “Policing … has been attempting to find an avenue towards a differential response since the late 1950s,” Atherley noted.

Councilmember Andrew Lewis, who since 2020 has been promoting Eugene, Oregon’s CAHOOTS mobile crisis intervention model as something Seattle could try to emulate, asked why the city couldn’t look at other cities that have already moved toward alternative 911 response models and try to learn from them. “Whenever we have a presentation like this, it’s like we have no conception of how a major us city can respond to calls differently, but we have a major US city”—Denver, whose STAR team responds to thousands of crisis calls—”and they’ve been responding to these calls for two years,” Lewis said.

After the meeting, Lewis said he was encouraged that Myerberg, from the mayor’s office, seemed open to a future pilot program that could launch before SPD finishes its data analysis. “One important point Myerberg made was that we’re not going to necessarily have the cadence of this work be based on the police department” and its schedule, Lewis said.

However, Seattle Police Officers Guild president Mike Solan told Q13 FOX this week that he believes any change that would allow non-police officers to respond to 911 calls would be a subject for mandatory bargaining in the new police contract. SPOG is reportedly already playing hardball about other issues in the contract, including any changes that would subject the police to greater oversight.

3. At a King County Council committee meeting Tuesday, King County sheriff nominee Patti Cole-Tindall noted that the sheriff’s office had provided hiring bonuses to 20 new deputies, including four lateral hires, since the beginning of 2022—not nearly enough to outpace the 47 commissioned officers who left involuntarily or resigned after deciding not to get vaccinated against COVID-19. Overall, 98 sheriff’s deputies and professional staff applied for exemptions from the vaccine mandate; most (81) were requests for religious exemptions.

Council member Reagan Dunn, who opposed the vaccine mandate, asked whether the county should do more to fund more bonuses and incentives for new officers. “In terms of the recruiting,” Cole-Tindall responded, “our signing bonus is great, but we know that Everett and Kent offer $30,000. I’m not convinced that that’s what has somebody coming to an agency. I think it’s more about the culture. It’s more about the opportunity. “

Downtown Seattle Could Get Storefront Police Precinct, Finalist for Sheriff Would Have to Go Back to Police Academy if Appointed

1. The Seattle Police Department could open a “mini precinct” in a storefront owned by the Low Income Housing Institute on Third Avenue downtown, and is also considering a second location at LIHI’s Frye Apartments in Pioneer Square, Mayor Bruce Harrell’s office and LIHI director Sharon Lee confirmed.

The Third Avenue storefront, a short-lived Shake n Shake location, is on the ground floor of LIHI’s Glen Hotel Apartments, a single-room occupancy low-income housing building. Before the pandemic, the block was home to a Kress IGA grocery store and a TJ Maxx discount store, but both shut down in 2020, leaving most of the block without a tenant to attract foot traffic. The site is one block from Third and Pine, a locus of the recent crackdown on street-level crime known as Operation New Day. According to Lee, the “illegal market activity” has gotten worse since police swept Third and Pine, as drug dealers and people selling shoplifted items moved to nearby locations.

Lee said people have broken in to the apartment building and slept, urinated, and defecated in the hallways and stairwells. “The residents upstairs are scared to come out at night; they’re scared to walk around the neighborhood,” Lee said. “So we decided to offer the city the use of the space as a place where community service officers or bike officers can use it to park their bikes, take a restroom break, write up reports, and keep an eye on the street.”

LIHI would provide the space to SPD at a “nominal” cost, Lee said.

The Frye Apartments, located across the street from Prefontaine Fountain and fenced-off City Hall Park, used to have a mini-precinct on the first floor, Lee said, but the space was occupied until recently by Aladdin Bail Bonds.

A spokesman for Harrell, Jamie Housen, said the mayor’s office “is in early stages of considering what a neighborhood precinct could look like. We are continuing to explore all options for enhancing public safety downtown, including a more permanent police presence.” The two LIHI buildings “have been offered as potential options, but are by no means the only locations being considered,” Housen said.
A spokesman for the Downtown Seattle Association said the DSA would welcome a permanent police presence downtown.“As we’ve seen over the past month, dedicated resources along Third Avenue have led to a safer, more welcoming environment. Sustaining this effort is essential for the people who live and work along Third, and it’s critical as more workers and visitors return to the heart of the city. … If a mini-precinct is an element that will help enhance safety, then it should be welcomed,” the spokesman said.

2. Interim King County Sheriff Patti Cole-Tindall, one of three finalists for the permanent sheriff position, would have to attend the state’s 19-week-long police academy and be certified by the state Criminal Justice Training Commission if she’s selected and confirmed as sheriff; during that time, an undersheriff chosen by Cole-Tindall would serve as sheriff, King County Executive Dow Constantine’s office confirmed.

Cole-Tindall, 57, mentioned the requirement during an interview with members of the press on Tuesday. Although Cole-Tindall attended the state’s Basic Law Enforcement Academy decades ago and is a commissioned officer, she spent most of her career outside of law enforcement, working as an investigator for the state Employment Security Division and the county’s labor relations director before joining the sheriff’s office as head of the Technical Services Division, which oversees a miscellany of operations, including courthouse security, the automated fingerprint ID system, and the county’s 911 system.

“[When] I went through [the police academy] 30 years ago, I was 30 years younger,” Cole-Tindall said. “And it’s a lot… It’s doing firearms, Taser, traffic stops—things that, as a police administrator, are not things I would be using on my day to day job.” Cole-Tindall said she would also have to pass a physical assessment test that includes “pushups, sit-ups, and squat thrusts” before entering the academy.

A spokesman for King County Executive Dow Constantine said that when the county has a permanent sheriff but the sheriff is unavailable, an undersheriff assumes the job. Although Cole-Tindall appointed Jesse Anderson as interim undersheriff when she became interim sheriff earlier this year, she could appoint a different undersheriff if she becomes permanent sheriff, and that person would then serve as sheriff in her absence.

Constantine will nominate a permanent sheriff in early May. The other finalists are Maj. Reginald Moorman from the Atlanta Police Department and Killeen, Texas police chief Charles Kimble.

Sheriff Finalists Announced; Sound Transit Moves to Reinstate Fare Enforcement, but Staffing Challenges Remain

1. King County Executive Dow Constantine announced three finalists for King County sheriff on Thursday: Charles Kimble, chief of the Killeen, Texas Police Department; Reginald Moorman, a major in the Atlanta Police Department; and King County’s current interim sheriff, Patti Cole-Tindall.

The next sheriff will be the first to be appointed to the office by the county executive since 1996, when voters made the sheriff an elected position. County voters passed a charter amendment reversing that decision in 2020, making the sheriff’s office an appointed position once again—a move supported by many police accountability advocates, who criticized former sheriff Mitzi Johanknecht for her handling of multiple high-profile shootings by sheriff’s deputies. Johanknecht didn’t seek the appointment.

Before joining the sheriff’s office in 2015, Cole-Tindall served as the director of the county’s labor relations unit and as interim director of the Office of Law Enforcement Oversight, an independent agency that investigates misconduct and systemic problems in the sheriff’s office. A graduate of Central Washington University, Cole-Tindall began her career in law enforcement as a special agent with the Washington State Gambling Commission in 1991.

Reginald Moorman joined the Atlanta Police Department as a beat officer in 2001; he later served as the deputy director of a regional drug enforcement task force and as the commander of the department’s community-oriented policing, major crimes and airport security sections. Moorman is currently a precinct commander and adjunct professor in the criminal justice department at his alma mater, Georgia State University.

Charles Kimble spent most of his 25 years in law enforcement in North Carolina, including as the deputy police chief in Fayetteville and as the police chief in the smaller town of Spring Lake, both adjacent to Fort Bragg. He took over as police chief in Killeen, a small city near Fort Hood, in 2017; three years later, his department faced a lawsuit after Killeen police officers shot and killed a man while serving a no-knock warrant. Kimble is a US Army veteran and holds a bachelor’s degree in criminal justice from Liberty University, a Christian university in Virginia founded by evangelist Jerry Falwell Sr.

In the final stage of the selection process, the three finalists will meet with community, labor and municipal representatives from King County and take part in a series of public forums. Constantine plans to make a decision by early May, after which the King County Council will begin the confirmation process; the next permanent sheriff will likely take office by this summer.

2. The Sound Transit board’s executive committee approved a new fare enforcement policy on Thursday that brings back fines, court involvement, and the possibility of collections for riders who fail to pay fines for nonpayment. The policy still has to be adopted by the full Sound Transit board; as we reported Wednesday, board member Joe McDermott, a King County Council member, plans to introduce amendments that would take fare nonpayment out of the court system and would remove the possibility of collections.

Board members voted unanimously for the changes, which come after more than two years of debate over how to balance the need to collect fares (which currently fund about 5 percent of Sound Transit’s budget) with pressure to eliminate punitive policies that disproportionately target Black riders. During the pandemic, Sound Transit has experimented with various approaches, ranging from traditional fare enforcement to a pilot “fare ambassador” program in which non-uniformed staffers checked fares and provided information about low-income transit pass options, but did not issue tickets. Currently, according to a Sound Transit staff presentation, about 40 percent of riders do not pay the required fare.

Before voting for the changes, several board members expressed their opinion that the new fare policy—which provides several opportunities to resolve unpaid fares before fining riders, and eliminates the option of trespassing riders from the system—doesn’t go far enough to punish riders who fail to pay.

“When we’re thinking about equity, I also think about the equity of who’s paying for this system,” said board member (and Everett Mayor) Cassie Franklin. “Riders do need to pay for the system they’re using, because we have a lot of non-riders paying for the system right now. And I think that I fear that compliance will get worse, not better, with this current policy.” Franklin said she would like to change the policy in the future to start fining riders immediately after a second warning, rather than allowing them to avoid fines with alternatives like loading money onto a transit pass or attending a Sound Transit focus group.

Board member (and Pierce County Executive) Bruce Dammeier, who recently called Sound Transit trains “unsanitary and unsafe” and said he would not ride them, called the new policy “a little soft” on nonpaying riders, and said he would like to revisit the policy in six months “to determine what’s worked and what has not.”

3. In a separate meeting Thursday, Sound Transit’s Rider Experience and Operations Committee voted to continue the “fare ambassador” program and expand the fare ambassadors’ role to include fare enforcement, which the agency has renamed “fare compliance.” The proposal the committee adopted adds $1.3 million to the transit agency’s 2022 budget to hire up to 56 fare ambassadors this year.

That number could be optimistic. Sound Transit has struggled to hire fare ambassadors throughout the pilot period, which began in mid-September of last year. According to a Sound Transit spokesman, the agency had hoped to begin the program with 26 ambassadors , “but only 23 stayed on when we launched,”and the number of ambassadors “started declining from there.” Currently, there are 14 fare ambassadors, including supervisors, and 12 vacant positions.

According to a staff presentation at Thursday’s meeting, at current staffing levels, riders encounter a fare ambassador about 3 percent of the time; if the program was fully staffed, riders could expect to have their fare checked on one out of every three trips, the staffer said.

—Paul Kiefer, Erica C. Barnett

County Proposal Would Expand Right to Counsel Before Warrantless Searches

King County CouncilBy Erica C. Barnett

The King County Council is considering draft legislation that would give adults the right to consult with a defense attorney before being searched by officers with the King County Sheriff’s Office, a right the county and the city of Seattle extended to youth in 2020, and that state legislators expanded statewide last year.

King County Councilmember Reagan Dunn, a Republican who’s running for Congress in the 8th Congressional District, claimed in a letter to King County Department of Public Defense director Anita Khandelwal  release that the draft bill would “tie the hands” of police, “take away hundreds of hours of deputy time,” and “harm public safety and ultimately cost lives.”

“If police are required to call a defense attorney every time they talk to a subject, criminal investigation would grind to a halt,” Dunn’s letter says.

The bill, which is still in draft form (and has changed since Dunn wrote his letter), would require officers seeking a person’s consent for a search to provide access to a defense attorney before searching them or their belongings. The new requirement wouldn’t apply when police have a warrant; when police have a “reasonable suspicion” that the person has committed or is about to commit a crime; or when police have reason to believe delaying a search would result in a loss of evidence or harm to the public or police, among several other exemptions. A person could also decline a search outright and walk away without consulting with a defense attorney.

Anita Khandelwal, director of the King County Department of Public Defense, says the proposed legislation would help ensure that people understand their constitutional rights when an officer is asking them to waive those rights. “Studies show that most adults, regardless of race, aren’t aware that they have the right to refuse a search, do not feel free to refuse police requests to search, and frequently ‘interpret questions or suggestions as orders when they come from a person of authority.'”

In Seattle, Khandelwal said, Black people are stopped five times as often as white people, and Native Americans are stopped nine times more frequently.

Councilmember Girmay Zahilay, the head of the council’s law and justice committee, is the most likely sponsor for the legislation. On Thursday, he said he was still considering whether to sponsor the bill, and criticized Dunn for releasing an early draft that had been circulating among council members in a letter that incorrectly implied that it was “leaked.”

“If he had just asked the public defender to share it with him, they would have,” Zahilay said. “It’s not some secret conspiracy.”

The intent behind the bill, Zahilay continued, is to address the imbalance of power and information between officers and people who may not understand that they have the right to say no to being searched, or who may be intimidated by police. “People already have the right to consent or decline a search, and this gives them an added level of protection of being able to talk to a public defender,” Zahilay said. The law providing young people the right to speak to an attorney has been in place for more than a year, Zahilay added, and council members “haven’t heard of any complaints or issues” about the law creating an undue burden on officers.

County Councilmember Claudia Balducci, the former head of King County’s Department of Adult and Juvenile Detention, noted that the county is currently searching for a new sheriff, and is considering the recommendations of an advisory committee to improve public safety across the county.”I would rather us have a bigger plan that looks at all sides of the issue before we start making big changes, and I’d rather have the new sheriff on board,” Balducci said, but if the legislation is introduced, “I will honor that process. … I wouldn’t say I won’t consider this until we have a bigger plan in place.”

As Fewer Sexual Assault Cases Go To Court, More Survivors Seek Help

Sexual assault referrals to prosecutors from King County police departments have declined since the start of the pandemic (Source: King County Prosecutor’s Office)

By Paul Kiefer

The King County Sexual Assault Resource Center (KCSARC) connected more people to therapy, legal support and other services in 2021 than at any other point in the past five years, even as law enforcement agencies referred fewer sexual assault cases to the King County Prosecutor’s Office.

In 2021, the prosecutor’s special assault unit, which handles sexual assaults and child abuse, filed 485 charges; about 85 percent of those charges were for sex crimes. In the same year, more than 5,000 people sought help from KCSARC, compared to 4,905 in 2019. In the past five years, the number of people seeking support from KCSARC rose by 23 percent.

KCSARC Director Mary Ellen Stone says the mismatch points to a growing problem in King County’s law enforcement agencies, including the Seattle Police Department: With fewer detectives to investigate sexual assaults and a growing backlog of cases, police have left more cases on hold, or declined to investigate reported assaults, than at any other point in the past decade. For some victims, she said, the prospect of delays and dead ends is enough to dissuade them from reporting an assault. “Our system relies on people saying, ‘this happened to me, and I want to make sure it doesn’t happen again,'” she said. “We aren’t making people feel like that’s worthwhile.”

The drop in the number of sexual assault referrals began early in the pandemic, when police departments across the county began losing officers and focusing their resources on patrol instead of investigative units. Since the spring of 2020, the number of sexual assaults the Seattle Police Department’s referred to the prosecutor’s office fell by a quarter compared to the previous five-year average; the King County Sheriff’s Office’s average monthly referrals fell by roughly 20 percent.

Sergeant Jason Escobar heads the special assault unit, which investigates sex crimes and child abuse, at the King County Sheriff’s Office. He says his team of detectives has shrunk by nearly half since the start of the pandemic. As of this week, Escobar has only five detectives to investigate sexual assaults, and four vacant positions; he added that one of his detectives may soon leave because they haven’t complied with the department’s vaccination requirement.

“As it is, our remaining detectives are carrying heavier caseloads,” he said. “Even then, some of the reports we receive—if the victim isn’t a child, or if someone isn’t in immediate danger or in the hospital—we have to hold until we can find a chance to assign them. If someone reports an assault that happened months or years ago, we will still assign that case to a detective, but it’s not going to be right away.” Escobar assigned 30 fewer cases to his detectives in 2021 than in 2020, and his unit’s backlog of unassigned cases is growing.

Escobar said his unit would be able to investigate more cases if he could bring on more detectives. For now, the sheriff’s office isn’t letting him bring in new officers from patrol units because of the staffing shortage. But Escobar sees another hurdle on the horizon: as the King County Superior Court begins holding trials that the pandemic delayed, some of his detectives will need to split their time between giving testimony in court and working on investigations. The court currently has a backlog of more than 400 sexual assault cases; the average age of the victims of those cases is 16. Continue reading “As Fewer Sexual Assault Cases Go To Court, More Survivors Seek Help”

Afternoon Fizz: New Sheriff In Town, Council Adopts $7 Billion City Budget

1. Starting January 1, King County will a new interim sheriff: Patti Cole-Tindall, previously an undersheriff in the King County Sheriff’s Office, will assume the role until County Executive Dow Constantine appoints a permanent sheriff in mid-2022.

Last year, county voters approved a charter amendment that sets up a process for appointing, rather than electing, the King County sheriff. Tindall will be King County’s first appointed sheriff in more than two decades.

Before joining the sheriff’s office in 2015, Tindall served as both the director of the county’s labor relations unit and interim director of the Office of Law Enforcement Oversight, an independent agency that investigates misconduct and systemic problems in the sheriff’s office.

At a press conference Tuesday, Tindall said that she doesn’t plan to apply for the permanent sheriff or for permanent chief of the Seattle Police Department, the two most prominent law enforcement job openings in the county. “I see my value in this appointed process as being there to help the permanent sheriff be successful,” she said. The county council, with input from a panel of sheriff’s staff, community members and local government representatives, is still reviewing candidates to become the permanent sheriff.

Constantine also debuted his proposal to provide hiring and retention incentives for sworn sheriff’s officers, which county council budget chair Jeanne Kohl-Welles introduces as an emergency amendment to the county’s 2022 budget today. The proposal would provide $15,000 to officers who transfer from other departments, $7,500 to new hires, and a one-time $4,000 bonus to every officer in the department. Constantine argued that while the sheriff’s office, which has 60 vacant officer positions, isn’t currently struggling to meet demand, the incentives might help attract and retain officers as a growing number of officers reach retirement age.

King County Police Officers’ Guild (KCPOG) President Mike Mansanarez told reporters he supports the hiring and retention incentives. His counterpart at the Seattle Police Officers’ Guild, Mike Solan, voiced his skepticism about a similar hiring incentive program introduced by Seattle Mayor Jenny Durkan in October.

2. On Monday, the Seattle City Council approved a $7.1 billion 2022 city budget that provides new funding for the King County Regional Homelessness Authority, preserves the JumpStart payroll tax spending plan while restoring the city’s depleted reserves, and keeps Mayor Jenny Durkan’s proposed budget for the Seattle Police Department largely intact, shaving about $10 million off the mayor’s initial $365.4 million proposal.

As budget chair Teresa Mosqueda emphasized twice on Monday, the budget the council adopted doesn’t require SPD to lay off any officers, nor does it eliminate any officers’ salaries. Instead, the council saved $2.7 million by assuming SPD will lose more officers next year than Durkan’s budget projected—125, instead of 91—and moving their unspent salaries out of SPD’s budget. Continue reading “Afternoon Fizz: New Sheriff In Town, Council Adopts $7 Billion City Budget”

With Changes on the Horizon for the King County Sheriff’s Office, a New Police Oversight Director Looks for Opportunity

OLEO director Tamer Abouzeid
Tamer Abouzeid

By Paul Kiefer

Next January, a new, appointed King County sheriff will replace the elected incumbent, Mitzi Johanknecht,  just as the county’s contract with its largest police union expires.

For Tamer Abouzeid, the new director of the Office of Law Enforcement Oversight (OLEO)—the county’s independent police oversight agency—the changes are an opportunity for his office to expand its impact. “When someone comes in as an elected sheriff, they believe that they can do what they want because the people elected them,” Abouzeid said. “That’s not going to be true of the next person.”

OLEO’s two most recent permanent directors each served a single term, in part because of strained relationships with current and past sheriffs, who rarely adopted the policy changes OLEO recommended. Although King County voters passed a law in 2015 allowing OLEO to investigate uses of deadly force and misconduct complaints—transforming them from an advisory agency to an investigative one—the county’s 2020 contract with the King County Police Officers Guild defanged the new law by preventing the office from investigating misconduct allegations against union members.

The current union contract still limits OLEO to the mostly advisory role of reviewing the sheriff’s internal investigations after the fact and issuing policy recommendations. With its authority reduced, OLEO has struggled to make an impact: Of 16 sets of policy recommendations issued by OLEO since 2018, the sheriff’s office has taken no action on more than half, including a recommendation to extend the sheriff’s policy against discrimination to cover off-duty conduct.

OLEO can review the sheriff’s misconduct investigations and determine, or certify, that an investigation was thorough and objective; however, whether OLEO certifies an investigation has little practical impact. According to OLEO’s annual report, the office only declined to certify 12 investigations out of the 116 they reviewed, including five that included allegations of excessive force.

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King County Executive Dow Constantine and the county council will begin considering candidates for sheriff by the end of this year, and with or without a permanent replacement, Johanknecht leaves office by January. But Abouzeid says OLEO isn’t putting things on hold for the next three months. “We get a chance to put our business in order so that the next sheriff has a clear picture of what OLEO can do, what we’ve recommended, and what they would need to do to get our recommendations off the ground,” Abouzeid told PubliCola on Wednesday, one day after presenting OLEO’s annual report to the King County Council.

Those preparations, he said, will include getting a better sense of what data the sheriff’s office collects and prioritizing OLEO’s backlog of policy recommendations. Some of OLEO’s unimplemented recommendations include mandating in-car and body-worn video cameras, requiring undercover officers to receive specialized undercover training, and instructing officers that “speculative, generalized concerns about a subject escaping and harming innocent third parties is an insufficient basis for the application of deadly force.” Continue reading “With Changes on the Horizon for the King County Sheriff’s Office, a New Police Oversight Director Looks for Opportunity”