Tag: police shootings

Police, race

SPD Chief Says He Doesn’t Know How Fake Tombstone for Police Shooting Victim Ended Up On Display In Precinct Break Room
Seattle Police Chief Adrian Diaz

By Erica C. Barnett

Seattle Police Chief Adrian Diaz appeared before the Community Police Commission Wednesday morning to address a body-worn video showing a fake tombstone with the name of Damarius Butts, who was killed by four SPD officers in 2017, displayed on a shelf above a microwave in a break room at the department’s East Precinct on Capitol Hill. The video also shows large Trump 2020 flag hanging on a back wall of the room.

The Office of Police Accountability (OPA) is investigating the incident.

During his comments, Diaz did not directly apologize for the display, saying only that he “acknowledged the impacts that we created after George Floyd’s murder, and I apologize for those impacts—those impacts that we’re here discussing today.” Diaz added that since 2021, when the video was taken, the department has taken a number of steps to create a “healthy environment,” including a relational policing program called Before the Badge and trainings in a system called Outward Mindset. He also noted that officers were under a great deal of stress during and after the 2020 protests.

“Over the last three years we’ve lost 575-plus officers, [so] our personnel since that time has changed. We are changing,” Diaz said. “We continue to move this department forward. But change takes time.”

“I want to know why this happened. I want to know why it was allowed to continue. I want to know if anyone has been held accountable. I want to know what is being done so it never happens again. I want to know why killing my son and getting away with with it wasn’t enough. I want answers and so far, I haven’t heard any.”—Stephanie Butts, mother of police shooting victim Damarius Butts

In response to questions from CPC member Adrian Leavitt, who is also the attorney for Butts’ surviving family, Diaz said he had no information about where the tombstone came from, how it ended up at the East Precinct, who propped it up on the shelf, how many weeks or months it sat there, or how many people saw it before it was finally removed.

“As far as some of the other details, as far as officers who saw it, who displayed and who put it up, those are stuff that I think OPA will hopefully be able to kind of unwind and be able to articulate what happened,” Diaz said. “We had a significant amount of officers that left the department, many officers from the East Precinct specifically, and so we still don’t know if some of those officers that left the department were a part of that.”

Butts’ mother, Stephanie Butts, said she was shocked when she learned SPD officers were “so callous that they were heating up food in a microwave below my son’s fake tombstone and didn’t see anything wrong with that. … I want to know why this happened. I want to know why it was allowed to continue. I want to know if anyone has been held accountable. I want to know what is being done so it never happens again. I want to know why killing my son and getting away with with it wasn’t enough. I want answers and so far, I haven’t heard any.”

In an official statement released last week, SPD suggested the tombstone may have placed outside the precinct by a protester, and referred to the shelf in the break room as a “storage shelf” where SPD stored items “until they were discarded.” The video does not show any other items in a similar state of “storage.”

According to Leavitt, the tombstone was taken from a nearby memorial for victims of police violence that featured many similar tombstones representing people killed by police.

Diaz said efforts to improve the culture at SPD have already started bearing fruit. “In a short time, our OPA complaints have seen a drastic reduction compared to four years ago and our use of force has seen a drastic reduction, a 40 percent reduction,” Diaz said. “And up until yesterday, we had not had an officer involved shooting involving a person in 13 and a half months.” On Tuesday, police shot a man in downtown who was suspected of stabbing another person a few blocks away. That shooting is currently under internal investigation, according to the department.

 

criminal justice, Police

SPD Briefly Suspends Officers Who Shot Man in Crisis on Seattle Waterfront
Officer Willard Jared aims his weapon at Derek Hayden on February 16, 2021.

By Paul Kiefer

Interim Seattle Police Chief Adrian Diaz has suspended two officers for failing to de-escalate before fatally shooting 44-year-old Derek Hayden on the Seattle waterfront in February 2021. According to an investigation by Seattle’s Office of Police Accountability (OPA), Officers Cassidy Butler and Willard Jared acted recklessly when they responded to a call for backup from two Port of Seattle Police officers who were following Hayden along Alaskan Way. Hayden was carrying a knife and threatening to kill himself. Within seconds of their arrival, Butler and Jared opened fire, killing Hayden.

Although former OPA Director Andrew Myerberg ruled that the officers did not follow SPD’s de-escalation guidelines, he did not rule that the shooting itself violated department policy. Diaz suspended Butler for one day and Jared for three days.

The ruling marks the second time in less than a year that SPD has disciplined officers for failing to de-escalate before shooting a person in crisis. In August 2021, the department suspended Officer Christopher Gregorio for 20 days after the OPA ruled that he had exacerbated a tense confrontation with 57-year-old Terry Caver on a Lower Queen Anne sidewalk the previous year; the confrontation ended when Gregorio shot and killed Caver, who was carrying a knife and suffering from an apparent acute schizophrenic episode. Citing Caver’s death in his assessment of Butler and Jared’s actions, Myerberg reiterated his call for SPD to “revamp” its training on how to respond to people carrying knives.

On the night of February 16, 2021, Hayden approached a Port of Seattle Police cruiser parked on Seattle’s waterfront and asked the officers inside to kill him. The officers called for backup. The first SPD officers to arrive joined their Port Police counterparts, following Hayden at a distance as he walked along the waterfront. Butler and Jared, however, pulled their cruiser within 20 feet of Hayden. Jared stepped out onto the street, carrying an assault rifle, and yelled for Hayden to drop his knife. Seconds later, Hayden walked towards Jared, raising his knife into the air. Both Butler and Jared opened fire, mortally wounding Hayden. Almost simultaneously, the nearby Port Police officer fired a foam-tipped round in an attempt to subdue Hayden, but it was too late—Hayden fell to the pavement and died at the scene.

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Butler and Jared later told investigators that they had arrived at the waterfront without a well-developed plan; most of their pre-planning, Jared told investigators, entailed “trying to figure out where they were going and how to get there.” Instead of joining the officers following Hayden at a distance, Butler and Jared chose to hem him in with their cruiser.

Having placed himself within feet of Hayden—and without any barrier between them—Jared argued that he had no choice but to open fire when Hayden walked in his direction. Jared cited the “21-foot rule”: According to training he received while working for SPD, a person carrying a knife within 21 feet of an officer presents enough of a threat to merit using deadly force. Butler, who positioned herself behind the hood of the cruiser, claimed that she fired at Hayden to protect her partner. Continue reading “SPD Briefly Suspends Officers Who Shot Man in Crisis on Seattle Waterfront” →

City Hall, Crime, Health, homelessness, Mayor Harrell, Morning Fizz, Police

King County Won’t Proactively Test Shelter Guests; SPD Sex Crime Case Referrals Plummet; Harrell Announces Appointments

1. King County Public Health will not provide routine COVID-19 tests for people who enter temporary winter shelters during the cold-weather emergency, a spokeswoman for the department told PubliCola. Instead, the department will test shelter guests when a shelter provider calls to report having two or more guests or staff with “COVID-like illness,” or one or more confirmed COVID cases, and will direct people to isolation and quarantine sites if they test positive. The county will also do contract tracing when there’s a confirmed COVID case at a shelter site.

“Public Health does not have the staffing capacity to provide proactive, daily testing at each of these sites,” the spokeswoman, Kate Cole, said. “As we do for all other homeless services sites in King County, if a shelter has staff or residents who appear to have COVID-like illness, our homeless services support team will provide on-site testing and consultation to help control any potential COVID spread.”

When the department gets word of a possible COVID outbreak in any homeless shelter, including winter emergency shelters, “Our testing team calls the shelter to discuss the individual symptoms to determine if it is likely COVID-like illness, in addition to providing ASAP guidance on steps to take to limit spread, and then (assuming team believes it is COVID-like illness), our team visits to conduct on-site testing for all staff and residents who agree to be tested,” the spokeswoman, Kate Cole, said.

The spread of the omicron variant has been startling, with positive rates at some testing sites nearing 50 percent. That’s for the general population; people living in crowded congregate settings, such as bare-bones mass homeless shelters, are even more at risk. Cole said the health department is not currently experiencing a shortage of rapid COVID tests.

2. The Seattle Police Department has referred roughly one-quarter fewer cases to the King County Prosecuting Attorney’s Office’s sex crimes and child abuse unit this year than it did before the start of the COVID-19 pandemic.

The number of felony cases that SPD referred to the prosecutor’s office dropped sharply in the first months of the pandemic. In May 2020, the office received 30 felony sex crimes cases from SPD; in June, the office received fewer than half that number. While the number of monthly referrals has fluctuated since then, the average over the past eighteen months has fallen to 19 cases, compared to an average of 26 cases per month before the pandemic.

While a reduction in SPD’s ranks after two years of high attrition—and the resultant transfer of many SPD detectives, who are responsible for criminal investigations, to patrol units since last fall—may contribute to the decline, the trend is not limited to Seattle. At a presentation to the mayors of the largest South King County cities earlier this month, the prosecutor’s office presented data showing a widespread decline in the number of felony cases referred to their office from police departments across the county. The police departments of Kent, Renton, Federal Way and Auburn, for instance, have referred nearly 30 percent fewer felony cases to the prosecutor’s office since the start of the pandemic.

Other reasons for the shift may include a decline in the number of people reporting sex crimes and child abuse. PubliCola has reached out to SPD for comment.

3. Mayor-elect Bruce Harrell announced another round of leadership appointments on Wednesday, including the sister of police-violence victim Che Taylor, a leader of King County’s No Youth Jail movement, a former state legislator and Seattle Port Commissioner, and a reality-TV producer. Continue reading “King County Won’t Proactively Test Shelter Guests; SPD Sex Crime Case Referrals Plummet; Harrell Announces Appointments” →

legislature, Police, race, Transportation

SPD Pumps Brakes on Plans to Reconsider Low-Level Traffic Stops
Iosia Faletogo, 36, was shot and killed by a Seattle Police Officer in December 2018 during a struggle that began with a low-level traffic stop.

By Paul Kiefer

A long-awaited announcement by Interim Seattle Police Chief Adrian Diaz outlining a plan to phase out low-level traffic stops by police officers did not appear when expected this month. The delay raises the prospect that the policy change, previously a point of agreement between Diaz and police reform advocates, could become entangled by the impending shakeup in city leadership, especially as Diaz waits to learn whether incoming mayor Bruce Harrell will appoint him as the police department’s permanent chief.

Last Tuesday, members of SPD’s command staff met with staffers from the Seattle’s Department of Transportation (SDOT) and the Office of the Inspector General (OIG), the police oversight agency that first pushed SPD to forego low-level traffic stops earlier this year, to brainstorm how to disentangle traffic enforcement from policing. The meeting was a chance for Diaz to solidify a plan of action before the end of the year: a deadline he seemed to endorse in October.

Before he could announce any changes, Diaz quietly left his office for the holidays, which most likely means the traffic stop reforms will remain on hold until next year. The new year could also bring a new police chief: While Diaz has expressed his interest in becoming Seattle’s permanent police chief, Harrell says he will conduct a nationwide search. Impending shakeups within the core group of city departments responsible for spearheading traffic stop reform risk delaying the changes even further.

Removing police from low-level traffic enforcement, Inspector General Lisa Judge argued last summer, is a way to address longstanding concerns that both community members and police officers have expressed the safety risks involved in traffic stops. “Stopping a person is a significant infringement on civil liberty and should be reserved for instances when a person is engaged in criminal conduct that harms others,” Judge wrote in a letter to Diaz in May. “Stops for government-created requirements like car tabs, with nothing but a potential monetary penalty, do not justify the risk to community or to officers.”

Traffic stops are still among the most common types of encounters between police and civilians in Seattle, though SPD’s traffic enforcement has waned as the department focuses its officers on other priorities after two years of high attrition. As of early November, SPD had issued about a third as many traffic citations as it did in 2019. The fines collected from minor traffic citations make up a relatively tiny portion of the city’s revenue—about $5 million since 2019.

Despite the drop-off in traffic stops, racial disparities persist: Though the Seattle Municipal Court has incomplete data on the demographics of people cited for traffic violations, even the partial data shows that Black people are overrepresented by a factor of two compared to the city’s overall population. Nationwide, drivers of color are also more likely to be injured or killed by police during routine traffic stops, a trend that Judge highlighted in her letter to Diaz in May.

Po Leapai, a member of the Washington Coalition for Police Accountability, is all too familiar with the dangers of traffic stops. On New Year’s Eve in 2018, SPD officer Jared Keller shot and killed his cousin, 36-year-old Iosia Faletogo, in Seattle’s Licton Springs neighborhood after a minor traffic stop and a case of mistaken identity turned into a foot chase. “We learned he had been killed from Facebook,” Leapai said. “We were all at a family New Year’s barbecue waiting for him to show up, and he never came.”

The incident began when two SPD patrol officers driving behind Faletogo on Aurora Avenue N. decided to search his license plate. Their search linked the license plate to an older woman with an expired driver’s license, a relative of Faletogo’s who owned the car. When Faletogo pulled into the parking lot of a convenience store, the officers pulled in behind him and turned on their emergency lights. After learning that Faletogo lacked a driver’s license and had two felony charges from his teenage years, the officers called for backup. When four more officers arrived, Faletogo ran.

The officers caught up to him across the street, tackling Faletogo to the ground. A gun fell out of his waistband, and as the officers tried to pin him to the pavement, Keller shot Faletogo, killing him.

The Office of Police Accountability, cleared Keller of wrongdoing for the shooting, citing Faletogo’s gun and his attempt to resist arrest. But in May, Judge cited Faletogo’s killing in her argument to end the use of police for low-level traffic enforcement.

Leapai believes his cousin would still be alive if SPD patrol officers hadn’t decided to stop him for a minor traffic infraction. “Those traffic stops are another kind of stop-and-frisk,” he said. “I can’t see why there was a need to pull my cousin over, and it definitely wasn’t worth killing him.”

Faletogo’s family filed a wrongful death suit against the City of Seattle in December 2020, arguing that the traffic stop that led to his death was unconstitutional and discriminatory. Faletogo was Samoan; a woman riding in the car with him was Black. Nathan Bingham, who represented the family in the lawsuit, said that the traffic stop itself is at the heart of the problem. “That stop never should have happened,” he told PubliCola. “Minor traffic stops, by their nature, always come with the threat of deadly force by police. They’re volatile and unpredictable.” The city settled with the Faletogo family for $515,000 in September.

If SPD takes more time to consider scaling back traffic stops, Seattle will find itself in a race with state lawmakers to implement reforms when the discussion about traffic enforcement resumes in January. At the very end of last year’s state legislative session, Sen. Joe Nguyen (D-34, West Seattle) introduced a bill that would have prohibited police officers from stopping drivers for eight common civil infractions, including improper turns, driving with expired tags, and driving without a valid license. Continue reading “SPD Pumps Brakes on Plans to Reconsider Low-Level Traffic Stops” →

Courts, Mental Health

Family of Charleena Lyles Reaches $3.5 Settlement with City of Seattle for 2017 Shooting
Charleena Lyles (Courtesy of the Lyles family)

By Paul Kiefer

After a grueling 13-hour mediation on Monday night, the family of Charleena Lyles reached a $3.5 million settlement with the City of Seattle and two Seattle police officers, ending a four-year-long wrongful death lawsuit that began when the officers shot and killed Lyles in her Magnuson Park home in June 2017.

“This has been a horrible case. Shameful,” said Karen Koehler, the lead attorney representing Lyles’ family, during a press conference at the Stritmatter law firm on Tuesday afternoon. On a television behind her, Lyles’ eldest daughter—watching from her aunt’s house in California, seated in front of a Christmas tree—leaned off-screen to cry.

Lyles, who was 30, called 911 from her apartment on June 18 to report a burglary. She was known to the Seattle Police Department—and to Seattle’s criminal legal system in general—both as a survivor of domestic violence and someone struggling with mental illness. At times, her illness escalated into full-blown crises. Only two weeks earlier, for instance, officers arrested Lyles in her apartment after she brandished a pair of scissors and threatened to transform into “the wolf” while reporting a domestic violence incident. After pleading not guilty to harassment and obstruction charges in Seattle Municipal Court, Lyles appeared in Seattle’s mental health court on June 13, where a judge ordered the county to release her from jail.

Lyles did not know officers Jason Anderson and Steven McNew, who appeared at her door on June 18 to respond to her burglary report. On his way to the low-income housing complex where she lived, Anderson received an alert on his in-car monitor about Lyles’ recent mental health crisis; he called for backup from McNew, who had received crisis intervention training. But when they arrived at her apartment, Lyles’ family said, the officers were woefully unprepared.

In the family’s original lawsuit, attorneys argued that Anderson and McNew failed to perform their duties by entering Lyles’ apartment without a de-escalation plan. McNew, the more experienced officer, allowed Anderson to take the lead; at times, McNew turned his back to Lyles.

Anderson looked up from his note pad and saw Lyles holding a knife. From her family’s perspective, she was spiraling into another crisis. The family argues that the officers should have cleared the knives from Lyles’ kitchen counter to reduce the chance of a confrontation.

Anderson immediately drew his gun and pointed it at her. McNew, snapping to attention, told his partner to use a Taser to subdue Lyles. “I don’t have a Taser,” Anderson replied.  Although all SPD officers are required to carry a “less-lethal” alternative to their gun, Anderson had left his Taser in his locker because its battery was dead. According to Lyles’ family, both officers then escalated the confrontation by shouting at Lyles to “get back.” When she didn’t, the pair shot her seven times. As she lay dying, her infant son crawled onto her chest. Three of her four children were only feet away when she died.

The Office of Police Accountability ultimately suspended Anderson for two days as punishment for not carrying his Taser, but SPD determined that the shooting was justified, in part because Lyles’ bulky coat might have deflected a Taser, but especially because Lyles was carrying a knife—a reason, the department argued, for the officers to believe their lives were in danger.

Lyles’ family’s lawsuit didn’t focus on whether the officers were in danger. “We went to state court and brought a negligence allegation,” said Edward Moore, another attorney for the Lyles family. “That allowed us to look at the officers’ actions leading up to [the shooting.] We were allowed to make allegations that they didn’t plan properly … They had been trained on de-escalating knife attacks with tasers. It would have required an additional officer, and it would have required a Taser.” Continue reading “Family of Charleena Lyles Reaches $3.5 Settlement with City of Seattle for 2017 Shooting” →

criminal justice, Morning Fizz, Police, Transit

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

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

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

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

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

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

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

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

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