Tag: police shootings

Family of Man Killed By SPD in 2018 Sues City for Wrongful Death

SPD Officers Chase Iosia Faletogo Across Aurora Avenue on December 31, 2018

Editor’s note: The video above contains disturbing content; viewer discretion is advised.

By Paul Kiefer

The family of Iosia Faletogo, a 36-year-old man killed by Seattle police officers in North Seattle on New Year’s Eve 2018, filed a wrongful death lawsuit in federal court against the City of Seattle on Thursday. The suit alleges that Faletogo’s fatal encounter with Seattle police officers began with an unjustified and discriminatory traffic stop, and that the police officers who initiated the stop failed to de-escalate, ultimately leading to the struggle that ended when a police officer shot a prone Faletogo in the head.

“There wasn’t a clear necessity to detain Iosia or any risk of imminent harm that justified what happened to Iosia,” said Becky Fish, an attorney with the Public Defender Association representing Mr. Faletogo’s mother in administering his estate. Nathan Bingham, the attorney who filed the civil suit for the Faletogo family, specified that the suit will focus largely on the decisions by police officers that led up to the shooting, rather than on the moment of the shooting itself.

On the night of December 31, 2018, Iosia Faletogo was driving on Aurora Avenue North, apparently driving a companion who was sitting beside him to work. According to the report on the shooting produced by Seattle’s Office of Police Accountability (OPA), two Seattle Police Department patrol officers driving behind Faletogo decided to search Faletogo’s license plate for possible infractions, though they didn’t explain their reasoning for searching the license plate to the OPA. Their search matched the car to a woman with a suspended license, but they didn’t turn on their patrol car’s emergency lights until Faletogo pulled into the parking lot of a convenience store near the intersection of Aurora Avenue and N 96th Street.

The officers commented to one another that Faletogo was not the car’s registered owner—the car belonged to his stepmother, and the officers did not believe he had stolen it—but held him anyway, later telling the OPA that they intended to address the “illegal lane change” he made when turning into the parking lot. After questioning Faletogo about his lack of a driver’s license and his criminal history (two felony charges, both of them around 17 years ago), the officers took Faletogo’s keys and called for backup; four more police officers responded to the call. The officers told the OPA that they thought Faletogo was behaving suspiciously and could try to escape.

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Less than thirty seconds later, Faletogo fled from his car and ran across Aurora Avenue N. The six officers chased Faletogo; during the chase, an officer’s body-worn video camera captured another officer shouting, “stop reaching for your waistband, you’re going to get shot!” The officers converged on Faletogo a block away, tackling him to the sidewalk. As he wrestled with the officers on top of him, a handgun fell from his waistband. The body-worn video footage of the subsequent thirty seconds, filmed from multiple angles by several officers, shows Faletogo with his hand on and off the gun at various points during the 22-second struggle. An officer yelled that he was reaching for the weapon; “nope, not reaching,” Faletogo responded.

The officers later told the OPA that they didn’t hear Faletogo’s reply. Roughly one second later, an officer shot him behind his ear at close range. He slumped to the sidewalk, at which point the officers handcuffed him and searched his pockets. By the time EMTs arrived at the scene, Faletogo was dead. Continue reading “Family of Man Killed By SPD in 2018 Sues City for Wrongful Death”

Fatal SPD Shooting Highlights Debate About Responses to Armed Mental Health Crises

Seattle Police Officer Raises His Weapon Toward Derek Hayden on February 16, 2021.

Editor’s note: This article contains references to suicide and police violence.

By Paul Kiefer

At around 9:20 PM on February 16, Derek J. Hayden approached a Port of Seattle Police cruiser parked on Seattle’s waterfront. Holding a kitchen knife to his throat, Hayden told the pair of Port Police officers that he wanted to die.

The two Port Police officers called for backup. Within minutes, Seattle Police Department officers began searching for officers who could respond to the scene, specifically asking for any officers carrying a weapon known as a “40-millimeter” launcher that fires a large, foam-tipped projectile. Meanwhile, the Port Police officers followed Hayden on foot as he walked north and began cutting himself.

Though the Port Police officers carried their own 40-millimeter launcher—the department equips every squad car with the weapon—the officers later told SPD that their attempt to use the weapon to disarm Hayden “failed,” though neither the officers nor spokespeople for the Port Police provided additional details about the failure.

Derek Hayden’s death followed a familiar pattern: Police respond to a call about a person carrying a weapon during a mental health crisis, and after a short confrontation, the officers shoot and kill the person in crisis.

By about 9:23, a pair of SPD patrol officers arrived on the waterfront, stopping their car less than a half-block in front of Hayden. As the pair stepped out of their car, footage from one of the officers’ body-worn video cameras shows a group of officers who were already at the scene—including the Port Police officers, though the identities of the officers alongside them are unclear—following Hayden at a distance. Aside from the officers and Hayden, the sidewalk was empty—the nearest bystanders were inside a restaurant down the block.

Neither of the SPD officers were carrying a 40-millimeter launcher, though one carried an assault rifle—a weapon SPD officers often carry when responding to calls about an armed person in crisis. One of the SPD officers stood on the opposite side of the car, ordering Hayden to drop the knife. The officer with the assault rifle stepped out of the car on the side facing Hayden.

“You need to stop,” yelled the officer with the assault rifle. Hayden raised his arms and walked towards the officer, responding, “just do it!” The officer walked backwards, shouting at Hayden to drop to the ground. “Do it,” Hayden repeated. “Please kill me.” As Hayden came closer, the officer backed up slightly, then fired at least three rounds. Hayden collapsed in the street as other officers rushed towards him. He died at the scene.

Derek Hayden’s death followed a familiar pattern: Police respond to a call about a person carrying a weapon during a mental health crisis, and after a short confrontation, the officers shoot and kill the person in crisis. SPD officers shot and killed Terry Caver, a 57-year-old man suffering an apparent schizophrenic episode while carrying a knife in Lower Queen Anne on May 19, 2020.

Two months later, police in Bothell shot and killed 25-year-old Juan Rene Hummel during another apparent mental health crisis; like Caver and Hayden, Hummel was carrying a knife. At least one-third of all people killed by police in Washington since 2015 were experiencing some kind of mental health crisis at the time of their death.

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If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

SPD, like police departments around the state, is gradually beginning to delegate some mental health crisis responses to mental health professionals.  But mental health crisis calls involving a person carrying a weapon are still a sticking point in the debate about which duties should be shifted police officers to mental health specialists. When SPD officers shot and killed Derek Hayden on February 16, mental health care advocates, police oversight leadership and state legislators were already leading efforts to shape a new approach to armed mental health crisis response.

Andrew Myerberg, the director of Seattle’s Office of Police Accountability—the civilian-led agency within SPD that conducts investigations into allegations of police misconduct—arrived on the waterfront later that night. Though the details of Hayden’s death were still hazy, Myerberg saw enough reasons for concern to launch an investigation into the shooting.

“The core of the investigation,” Myerberg said, “is whether the officers followed the department’s de-escalation policies.” Those policies emphasize that, when “safe and feasible,” officers should make an effort to buy time in tense situations by placing space and barriers between themselves and a person in crisis, and that officers should enter potentially volatile situations with some de-escalation plan in mind.

Myerberg noted that the tactics used by the other group of officers at the scene—following Hayden at a distance, for instance—may provide a vital point of comparison in the OPA’s investigation. “We’ll be asking whether the officers who stepped out of the car checked with the officers who were already on the scene about possible plans,” he said. However, Myerberg added that the Port Police officers’ unsuccessful attempts to disarm Hayden wouldn’t absolve the SPD officers from their responsibility to de-escalate when feasible. “Every officer involved has an obligation to try to de-escalate,” he said. Continue reading “Fatal SPD Shooting Highlights Debate About Responses to Armed Mental Health Crises”

2020 In Review: Following Up on the Year In Police Accountability

By Paul Kiefer

Throughout 2020, PubliCola provided ongoing coverage of the year’s top stories, including the COVID-19 pandemic, efforts to shelter and house the region’s homeless population, budget battles between the mayor and city council, and efforts to defund the Seattle Police Department and invest in community-based public safety programs.

Today, we’re focusing on several stories about the Seattle Police Department, the King County Sheriff’s Office, and police accountability.

Police Shootings

The Office of Police Accountability (OPA) won’t complete its investigations into the killings of Shaun Fuhr and Terry Caver by Seattle police officers in April and May, respectively, until early 2021. City law and the current city contract with the Seattle Police Officers Guild (SPOG) give the OPA 180 days to investigate misconduct allegations. However, because of delays related to the COVID pandemic and police actions during recent protests, OPA Director Andrew Myerberg has received two extensions. Myerberg added that the OPA won’t complete its investigations into the two shootings until SPD’s Force Review Board completes its own reviews of the incidents.

SPD officers shot and killed 24-year-old Fuhr on April 29 after his girlfriend called 911 to report that he had beaten her and taken their child at gunpoint. Fuhr was holding their one-year-old daughter when officers fatally shot him in a Columbia City driveway after a short chase on foot; SPD reported finding a handgun nearby, but the department hasn’t said whether Fuhr was holding a gun when officers fired at him. His daughter wasn’t hurt in the shooting, but Seattle-King County NAACP President Carolyn Riley-Payne issued a statement after the killing criticizing then-SPD Chief Carmen Best for claiming that the officers were concerned for the child’s well-being. The King County Sheriff’s Office is also investigating the shooting.

Less than a month later, officers shot and killed 57-year-old Terry Caver on a mostly empty sidewalk in Lower Queen Anne. As PubliCola reported in August, Caver had moved to the Seattle area after a 2010 drive-by shooting in California triggered the onset of paranoid schizophrenia. He initially lived with his older sister in Everett, who told PubliCola that her brother regularly carried a knife to defend himself during bouts of paranoia. She believes that Caver was experiencing a schizophrenic episode when Seattle police officers responded to 911 calls about a man waving a knife at passersby along Elliott Avenue West.

At least five officers surrounded Caver with their cruisers and shouted at him to drop to the ground, prompting Caver to break into a run, shouting, “you’re going to have to kill me.” Less than a minute after the officers arrived, two of them—Christopher Gregorio and Matthew Milburn—opened fire.

Though the OPA reviewed the shooting in May, the office didn’t begin a formal investigation into Caver’s death until August, after PubliCola published Caver’s name, which SPD didn’t release after the shooting. According to Myerberg, the investigation will focus primarily on whether officers followed SPD’s de-escalation policies.

Both Fuhr and Caver were Black, as were roughly a third of the people killed by SPD in the past decade.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely and exclusively by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

The Seattle Police Contract

Though the city’s collective bargaining agreement with the Seattle Police Officers Guild expires on December 31, the city won’t begin negotiating a new contract until 2021 at the earliest, leaving the union to work under an expired contract until the city council ratifies a new agreement. At the moment, the Labor Relations Policy Committee—which includes five council members, the mayor’s policy director, the Budget Office director and the director of Human Resources—is still hammering out the city’s bargaining agenda, including the subjects of bargaining, the length of the new contract and the amount of money the city is willing to spend to meet the terms of the new contract.

In early November, Mayor Jenny Durkan and city council public safety committee chair Lisa Herbold announced that the all three of the city’s police oversight agencies—the Office of Police Accountability, the Office of the Inspector General (OIG), and the Community Policing Commission (CPC)—would advise the LRPC ahead of negotiations with SPOG.

While the OPA has taken an advisory role in the past, the CPC (which represents the interests of the public, not a branch of city government) has never previously had an official role in police contract negotiations. Nor has the city council, which will now have a representative—likely council central staffer Greg Doss—at the table. Continue reading “2020 In Review: Following Up on the Year In Police Accountability”