Tag: Seattle Police Department

In Surprise Vote, Seattle City Council Overrides Mayor’s 2020 Budget Veto

This story first appeared in the South Seattle Emerald.

The Seattle City Council voted 7-2 to override Mayor Jenny Durkan’s veto of the 2020 midyear “rebalancing” budget package they adopted in August, setting the stage for a showdown with the mayor in the upcoming 2021 budget discussions, which kick off formally next Tuesday.

The vote essentially reinstates the midyear budget the council passed back in August, after several feverish weeks of work to come up with a proposal that could win a veto-proof council majority. That budget included fairly modest cuts to the Seattle Police Department (a reduction of 100 positions, many achieved through attrition) and investments in community organizations that work to reduce violence and improve community safety, as well as a $3 million down payment on participatory budgeting.

Council members Alex Pedersen (D-4, Northeast Seattle) and Debora Juarez (D-5, North Seattle) voted to sustain the mayor’s veto. Pedersen said he supported most elements of a “compromise” bill that council president Lorena González introduced in case the veto override vote failed, and said he believed that “we get more done in a faster and more sustainable way when we work together.” Juarez, who frequently votes with Pedersen, was the only council member who didn’t offer any public explanation of her vote.

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Council members who voted to overturn the mayor’s veto said that community members had made clear that they want the city to reduce police spending and reinvest in community-based programs more quickly than Durkan is willing to move. “There is broad agreement in the community that there is an urgent need to divest [from] the systems that have acted” against the interests of Black, Indigenous, and people of color (BIPOC) communities, council member Teresa Mosqueda said.

After the vote, King County Equity Now and Decriminalize Seattle, two groups that have been at the virtual council table during their budget discussions, issued a statement applauding the council for its vote and urging them not to backslide during budget negotiations this fall. “It should not take such prolonged, sustained community efforts for this minimal change but we recognize that Council’s move to override the Mayor’s anti-Black veto marks an urgent break from the decades of votes to expand racist policing,” the statement said. “Going forward, we expect Councilmembers to continue to resist the Mayor’s attempts to rewrite legislation that has already passed.  

The mayor immediately denounced the vote. In a statement, a spokeswoman for the mayor’s office said Durkan thought she and the council had reached a compromise—the backup “compromise,” which PubliCola described in detail this morning—but that “they chose a different path.”

Votes do have consequences,” the statement continued. “Because of Council’s actions today, the Navigation [T]eam will be eliminated, severely restricting the City’s ability to move people out of homelessness and deal with encampments for the rest of this year. The City will move forward with layoffs for the City staff who are coordinating and helping individuals experiencing homelessness at encampments across the City.” 

The mayor’s statement appears to refer only to the civilian members of the Navigation Team—the field coordinators who manage encampment removals and cleanups, and the three “system navigators” who do direct outreach to people living in encampments. The team also includes 14 police officers, whose positions are subject to bargaining through the Seattle Police Officers Guild.

Durkan has the ability to direct the Human Services Department to lay off these workers, but if she does so unilaterally, without funding alternative outreach strategies and equipping them to succeed, the result could be some level of chaos. The council’s budget didn’t just call for slashing the team—it also directed the mayor to spend the money saved through staffing cuts to expand existing contracts with outreach providers, such as the nonprofit outreach nonprofit REACH, and to transfer the Navigation Team’s outreach function to those providers.

The transition wouldn’t just be a matter of shifting personnel. Currently, the Navigation Team has exclusive access to hundreds of shelter beds, which team members can access through a proprietary program called NavApp. The Human Services Department would need to hand over access to this system to any new outreach provider if it wanted to prevent a disruption in services, and to comply with a council requirement that the team report regularly on referrals and other data.

Of course, the mayor’s statement could be bluster. (Her office did not immediately respond to an email asking if it was). Durkan’s 2021 budget announcement, coming next Tuesday, reportedly includes a proposal to transition the Navigation Team into a smaller group focused on outreach and engagement rather than encampment removals; the new-look Nav Team would also work with encampment residents to reduce their impact on surrounding communities instead of routinely declaring encampments “obstructions” and removing them without notice, according to people familiar with the document. 

Legislation that isn’t signed by the mayor takes 30 days to take effect. Durkan could wait until next week, roll out her proposal, and negotiate a new deal with the council that would keep the Navigation Team in a different form. Or she could stick with her initial statement, start sending out pink slips, and eliminate the changes to the Navigation Team from her budget. The council indicated today that they’re still open to amending the budget they adopted, which is now the official budget for the rest of 2020. The next move will be the mayor’s.

OPA Releases First Findings from SPD Protest Response Complaints

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

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Image by zeraien via Wikimedia Commons.

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The City and County Keep Lists of Cops with Credibility Issues. Many of Them Remain on Patrol.

Image from SPD Detective Franklin Poblocki’s body camera

By Paul Kiefer

In early April, a pair of Seattle Police lieutenants from the West Precinct spotted a man rolling a bike and a garbage can down Main Street in the International District. Large coils of copper wire hung off the bike’s handlebars, and the garbage can was packed with more of the same wire. In their report, the officers noted that the wire appeared to have been torn or quickly cut; the officers concluded that the man had probably stolen it from a nearby construction site. When they stopped the man to question him, he quickly admitted that he had taken the wire from a site near Yesler Terrace. The officers then booked the man into the King County Jail.

By most standards, the arrest was unremarkable. But if one of the officers who arrested the man had been called to testify, her name—Lora Alcantara—would have triggered an alert that could have prompted prosecutors to drop the case.

Alcantara is one of 24 SPD officers on the so-called “Brady Lists” kept by the King County Prosecutor and the City Attorney’s Office. The lists, named after a 1963 US Supreme Court ruling called Brady v. Maryland that required prosecutors to present any evidence that might benefit the defendant, are formally known as Potential Impeachable Disclosure (PID) lists. They include the names of officers with sustained findings of dishonesty, evidence of racial bias, or criminal charges or convictions.

Alcantara was in added to the KCPO’s PID list in 2016 after a Seattle Office of Police Accountability Investigation found her guilty of misconduct for calling a Black driver a “fucking Negro” during a car chase in 2013. [UPDATE] A subsequent OPA investigation found that Alcantara also lied about her interaction with a KIRO-TV news crew she encountered during the chase when debriefing the incident with her supervisor, leaving her with an additional mark on her record for dishonesty. Former police chief Kathleen O’Toole suspended Alcantara for five days without pay for violating the SPD manual’s “prohibitions concerning derogatory language.” 


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If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going.

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. I’m truly grateful for your support.

In practice, those lists limit the ability of officers with a record of misconduct to testify. If a listed officer is the sole witness in a case, both prosecutors’ offices say they are far less likely to file charges, limiting the officers’ abilities to work alone. However, though listed officers are often unable to give testimony—a key responsibility of law enforcement officers, especially those working in patrol operations—salary and assignment data show that the department has continued to give the 24 officers annual raises and has left the vast majority in patrol positions. 

When a prosecutor from either office finds that an officer they subpoenaed to testify in a case is on their Brady list, their offices have to disclose that information (and additional details about the officer’s misconduct record) to either the defense attorney (if the officers are on the list because of a record of dishonesty) or the trial judge. Defense attorneys can use this information to impeach an officer’s testimony, and being on a Brady list “can be a factor in whether a prosecutor chooses to file charges,” Dan Nolte, the communications director for the city attorney’s office, said. “If a Brady List officer is on a case and no other officers can corroborate their account, we’re likely to seek additional evidence confirming the situation before choosing to file.”

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow.

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow. Most of the 75 SPD officers on the lists are no longer employed by the department: some, like 31-year SPD officer Ernest Hall (for whom the OPA found a lengthy record of dishonesty), the department fired outright; others, like former officer Alex Chapackdee (arrested in 2017 on federal drug trafficking and money laundering charges) resigned in lieu of termination; and others, like former Detective Ron Smith (charged for shooting a rival biker gang member at a South Dakota bar in 2008), retired from the department.

OPA Director Andrew Myerberg says it’s rare for officers who land on the lists to keep their jobs. Still, it is common enough that of the 75 SPD officers who prosecutors have added to their lists over the past 15 years, nearly a third remain employed by the department.

Four active SPD officers are on both lists because of dishonesty. One—Officer Christopher Garrett—landed on the KCPO list 15 years ago after lying about his availability to testify in a drug trial; he was among the first officers to be added to the list. Another, Detective Franklin Poblocki, somewhat famously spent forty minutes waiting outside a Black man’s workplace in the Central District in a rolling chair after the two exchanged barbs over a towed car in 2018. Poblocki told a passerby that he was waiting for an apology but claimed to his coworkers that he had merely been engaged in “community-oriented policing stuff.” In the wake of the incident, the OPA concluded that Poblocki had lied to investigators and now-outgoing SPD Chief Carmen Best demoted him from sergeant to detective for inappropriate behavior that “degraded” the department’s community policing efforts.

At least two current SPD officers on the CAO’s list have criminal charges on their records: Officer Caleb Howard was charged with misdemeanor assault in 2018 after punching a coworker and strangling his 17-year-old son at a backyard barbecue in 2018; 33-year SPD veteran (and one-time officer of the year) Officer Felton Miles was charged with felony harassment after bursting through the door of his ex-wife’s home and threatening to kill her and her boyfriend in 2007. SPD fired Miles, but a Seattle judicial board overturned Miles’ firing in 2008 and ordered the department to reinstate him.

This year, the salaries of all the officers on the lists add up to roughly $3.3 million, not including overtime.

Several on the list are fairly high-ranking. Captain Randal Woolery, for instance, was placed on the CAO’s list in 2019 after an undercover SPD prostitution sting caught him soliciting a sex worker in North Seattle (he has been charged for the incident but not convicted). Seven others on either list hold ranks of sergeant or higher, including Lieutenant Alcantara.

This year, the salaries of all the officers on the KCPO and CAO’s lists add up to roughly $3.3 million, not including overtime. Based on the city’s 2020 wage data, two of those officers—Captains James Dermody and Randal Woolery—will make over $200,000 this year before overtime. Others, like Lieutenant Alcantara, were promoted after the events that landed them on the Brady lists.

Just as notably, though their presence on the lists renders them vulnerable to impeachment as trial witnesses, SPD have left most of the officers on the lists to roles in patrol positions. As patrol officers, they are more likely to interact with the public and make arrests; therefore, the prosecutors are more likely to need their testimony when filing charges against those they arrest. Nolte says the city attorney’s office would rather turn to security camera footage or not file charges than have a case fail because the police witness appeared on their Brady List. KCPO Communications Director Casey McNerthey, however, noted that his office has not yet seen a case dismissed because an arresting officer was on their Brady list — after they disclose that information to the defense council, the court can adjust as necessary.

But that hasn’t stopped the listed officers from making stops and arrests. Detective Poblocki, for instance, has continued to make so-called “Terry Stops“—stopping someone based on an officer’s “reasonable suspicion” that the person is involved in criminal activity—for the past two years as part of the West Precinct’s burglary and theft squad, despite his dubious presence on the KCPO and CAO’s lists. In effect, the prosecutors (and police) have deemed Poblocki not credible enough to give testimony, but credible enough to conduct arrests, carry a gun, and earn a full salary.

What is Participatory Budgeting, and How Could It Shape the City’s Approach to Public Safety?

Annotation 2020-08-23 110400

By Paul Kiefer

When Seattle Mayor Jenny Durkan announced her decision to veto the City Council’s midyear budget rebalancing package on Friday, she specifically called out an ordinance appropriating $3 million for the council to contract with community-based groups to create a “roadmap for future equitable participatory budget processes related to public safety” by gathering public input to shape the city’s public safety budget priorities.

Council member Tammy Morales, the sponsor of that ordinance, has said that the research would be the first step toward “participatory budgeting,” a process some cities use to guide public spending, often by allowing residents to vote on how to spend a designated pot of money (a federal grant, for instance).

The mayor’s office, the council, and the most prominent police abolitionist groups have all expressed various levels of support for participatory budgeting. If the city ends up using participatory budgeting to guide a significant portion of next year’s public safety budget next year, then Seattle will become the testing ground for participatory budgeting on an unprecedented scale. But whether those three parties see eye to eye about what participatory budgeting would entail—and how much weight public input would carry—remain open questions.

King County Equity Now and Decriminalize Seattle

King County Equity Now and Decriminalize Seattle, two of the most prominent voices in the push to cut the Seattle Police Department budget and invest in alternative public safety programs, were the first to call for the city to launch a participatory budgeting process to redirect the city’s public safety budget toward alternatives to policing and investment in BIPOC communities. The bill Durkan vetoed emerged out of those two groups’ demands.

In partnership with a nonprofit called The Participatory Budgeting Project, the two groups developed a detailed outline for how the city could lay the groundwork for a participatory budgeting process, called the’ “Blueprint for Police Divestment/Community Re-Investment.” That blueprint describes a $3 million “community-led research process to generate true public safety informed by community needs” which is the model for the research described in the vetoed bill.

The council would direct the money to a nonprofit, which would subcontract the work out to other groups—presumably, though not necessarily, KCEN and Decriminalize Seattle. The two groups estimate that roughly $1 million of the $3 million would go toward hiring staffers, including researchers, many of whom they hope will be young people from BIPOC communities. The rest would go to recruit and compensate people in BIPOC communities to participate in the survey and for data collection and reporting, plus $500,000 for unspecified “cash assistance and direct support for community members” to “address economic and other urgent needs.”

In essence, those expenses would serve two purposes.  The first would be to provide jobs—in the form of researcher positions—and financial support to community members who participate in the research process. In their blueprint, KCEN and Decriminalize Seattle write that “community members should not be expected to come up with solutions on a volunteer basis.”

“In part because of the City’s long track record of supporting harmful policies and procedures, many community members do not trust the City to lead an effective research process. The pattern of collecting data and recommendations and then doing little to nothing with the results must end.” —King County Equity Now and Decriminalize Seattle Blueprint for Police Divestment/Community Re-Investment

The second would be to prepare for a large-scale, accessible participatory budgeting process that would influence the 2021 city budget, starting with surveys and interviews of city residents (with a focus on BIPOC communities) about their public safety concerns and thoughts on how the process should be run: for instance, whether a steering committee should develop community proposals, and if so, who should be on that steering committee. Based on the findings of those surveys and interviews, the nonprofit contractor would then sort out the details of the participatory budgeting process: how the public could give input (in the form of budget proposals, for instance), how that input would be turned into budget items, and who would be responsible for reviewing and developing citizens’ proposals.

Technically, none of the $3 million would fund a full-scale participatory budgeting process; the closest the city would see before next year would be a small test run. However, according to King County Equity Now Research Director Shaun Glaze, the two organizations want to see a full participatory budget process come to fruition before budget discussions next year. More specifically, Glaze says her organization hopes that the participatory budgeting process will help determine how the city spends half of SPD’s 2021 budget— a figure in the range of $200 million, which would be an unprecedented use of the process both in Seattle and nationwide.

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The City Council

The legislation the council passed says the contractor should produce a “community participatory budgeting process,” but it is silent on exactly what that process should look like.

When I asked Morales to clarify how the council planned to spend the $3 million, she pointed to the King County Equity Now and Decriminalize Seattle blueprint as the model; the council also adopted $3 million figure itself from that blueprint. However, that blueprint doesn’t provide any details about how the participatory budgeting process would function, nor does either organization intend to have full control over the process themselves.

Participatory budgeting is nothing new in Seattle. After a push by former council member Nick Licata, the city’s first experiment with participatory budgeting began in 2015 with the Youth Voice, Youth Choice program. In 2017, the council renamed the program Your Voice, Your Choice, and opened it to input from all city residents. Like most participatory budgeting programs, Your Voice, Your Choice allows city residents to submit ideas for neighborhood-level capital projects.

The Your Voice, Your Choice program differs substantially from the research process proposed in the ordinance, not least because Your Voice, Your Choice is run by the city. Although KCEN and Decriminalize Seattle have said explicitly that they are not interested in controlling how the entire process plays out, they argue that the research portion of the participatory budgeting process for public safety should not be under direct city control.

The two groups explain why in their blueprint, writing, “in part because of the City’s long track record of supporting harmful policies and procedures, many community members do not trust the City to lead an effective research process. The pattern of collecting data and recommendations and then doing little to nothing with the results must end.”

The startup costs for the community-safety research process mark a significant shift in how Seattle uses participatory budgeting. The city spends roughly $2.2 million on the entire Your Voice, Your Choice program, of which $2 million funds the actual projects. In contrast, the council’s ordinance would spend $3 million on preliminary research alone.

Mayor Durkan

Near the end of Friday’s press conference, Durkan responded directly to a recent demand from King County Equity Now and Decriminalize Seattle that the city use participatory budgeting to allocate $100 million that she has pledged to invest in BIPOC communities next year. In short, she said she wouldn’t be doing that, but that she supports the idea of participatory budgeting in theory.

“I’ve been very clear from the beginning that the community—and I mean community being larger than just one organization—will be at the table helping us decide what they need and how we get there,” Durkan said. “King County Equity Now wants to be the deciders in that.” (KCEN has denied this.) “We want those voices at the table, but we will have a broader process.”

“We need to have trusted community partners going into communities to bring information and proposals back,” Durkan continued, “whether it’s a task force or a joint group [created by the council and the mayor].” Continue reading “What is Participatory Budgeting, and How Could It Shape the City’s Approach to Public Safety?”

Durkan Will Veto Council Budget Over Cuts to Police Department; Council President Hopes for Compromise

As I first reported on Twitter this morning, Mayor Jenny Durkan will announce this afternoon that she will veto the city council’s midyear budget rebalancing package, a move that could effectively remove one co-equal branch of government from the city’s budget process by reinstating Durkan’s original budget proposal with no input from the council. The council could overturn the veto, as they did the mayor’s recent veto of a COVID relief package that relies on future revenues from the JumpStart payroll tax. Or—as seems likely—the council try to work with Durkan to come up with a rebalancing package that the mayor will accept.

“The bills I am vetoing today were passed without the level of collaboration that I think we need, and more important, that the city expects of us,” Durkan said at a press conference this afternoon, “but I am optimistic that we can continue to work together to bridge the gaps. I continue to believe that we can [reach] common ground on the vision for SPD that has been laid out by Chief [Carmen] Best and I.”

The objections Durkan raised were familiar to anyone who has been following the debate over police defunding: The mayor said that the council is attempting to change things “overnight,” “without a plan,” and that her budget proposals already contain large cuts to the police department. The vast majority of those cuts, however, come from transferring some current SPD functions, such as the 911 dispatch center, into other parts of the budget—not from transforming the city’s approach to public safety or reducing the number of SPD officers, as protesters have been demanding since May.

City council president Lorena González said in an interview that she is “incredibly disappointed’ in the mayor’s decision to veto yet another council spending proposal. “It is obvious that there is a significant difference of opinion between the City Council and the mayor and the chief on what can and should be achieved in 2020 in order to respond to the calls from community to reduce the Seattle Police Department’s budget this year and begin the process of investing in community safety programs,” González says.

The rebalancing proposal was necessary to deal with a midyear budget shortfall of around $300 million, a number that keeps getting edited upward as new revenue projections come in.

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The council’s plan included more significant, but still relatively minor, cuts. The version they adopted cuts SPD’s budget by 7 percent by eliminating the encampment-removing Navigation Team, reducing the salaries of SPD command staff (including Best, whose 2020 pay was reduced by $6,000) and cutting 100 positions at SPD through a combination of layoffs and attrition. The council’s proposal also provided $3 million to start a participatory process to reallocate SPD to community-based public health and safety programs, plus $14 million to a combination of city and community programs, funded through an interfund loan that Durkan said was the main reason for her objection to that particular spending proposal.

“Look, it’s a loan that I’m not sure we can repay, and we know with the coming budget that we will have to do some interfund loans just to keep the city services that we have,” Durkan said.

Durkan mentioned the Navigation Team specifically at several points during her press conference, suggesting that the council wanted to cut the team “without a plan” to deal with dangerous encampments. “I’ve had open houses with a number of community and neighborhood groups in the last weeks, and the impact that some of these encampments are having are real— and they are also real for the people living in those encampments,” she said. “We have to have a way to bring people inside and address the public safety [issues], and the cuts did not allow us an opportunity to do that.” Since the pandemic began, the city has provided only about 100 new shelter spaces for the thousands of people living unsheltered in Seattle.

Under the city charter, the council must take a vote to overturn or sustain the veto within 30 days. Council president Lorena González says her hope is that, rather than simply overturning another mayoral veto, the council will be able to “come to some agreement  with the mayor around a rebalanced package, and that’s going to be a two-way street. We need her to make a good-faith effort to engage in order to meaningfully move this forward.”

Otherwise, González says, the council and mayor will likely stay stuck in “this constant back and forth” of vetoes and votes to overturn. “This mayor has made a historical number of vetoes. I’m not aware of any other mayor in the history of the city of Seattle who’s used veto power at this level, and I think that she is sending us a clear message that she will continue to do so,” González says.

It’s clear that there are still significant gaps between what the council wants and what the mayor will accept. In particular, it’s unclear what, exactly, the mayor would consider “on the table” when brokering a future “compromise” with the council. The Navigation Team, community spending, participatory budgeting research, command staff salaries, and SPD personnel cuts seem to be off the table.

But there is also now precedent for compromise between the mayor and the council. This afternoon, Durkan also announced an agreement on the COVID relief package that is much smaller than the council’s original proposal but that will, in the words of JumpStart sponsor Teresa Mosqueda, enable the city to “mov[e] forward jointly as we cannot wait another day” for relief to residents and small businesses impacted by the pandemic.

Terry J. Caver, The Black Man Killed By SPD Officers In May, As Remembered By His Family

Painting of SPD shooting victim Charleena Lyles outside the boarded-up Seattle Police Department East Precinct in June

By Paul Kiefer

Vanessa Caver learned of her brother’s killing several days after Seattle police officers shot Terry J. Caver near an intersection in Lower Queen Anne on May 19th. Her daughter called her unexpectedly to pass along the news. A few more days passed before she got a call from a Seattle Police Department sergeant who wanted to ask if she wanted to talk about her brother’s death. “I didn’t know what to talk about,” she explained when we spoke this week. “And the sergeant couldn’t tell me anything.”

Local news outlets covered the shooting only briefly on May 19. A day later, a post on the SPD Blotter identified Christopher Gregorio and Matthew Milburn as the officers who had fired at Caver and said that the department’s Force Investigation Team was looking into the incident.  As is standard after most shootings by SPD officers, the department did not release the name of the victim. The C is for Crank first learned Caver’s name from the King County Medical Examiner’s office on Tuesday, nearly three months after his death.

According to the 911 calls and bodycam footage shared in SPD’s blog post, at least five officers arrived at the intersection of West Harrison Street and Elliott Avenue West in response to a series of 911 calls describing a man waving a knife at passersby. By the time the police arrived, there were no longer any pedestrians near Caver, who was still standing on the sidewalk. The officers stepped out of their cars and shouted at him to drop to the ground. At that point, he started to walk south on Elliott.

“I don’t understand why they had to kill him. I guess in their mind, he was a nobody.”—Vanessa Caver, Terry Caver’s sister

As the officers started to chase him, Caver broke into a run, shouting “you’re going to have to kill me.” He dropped a piece of clothing, revealing what appeared to be a kitchen knife. The officers fired a Taser at Caver, but they claim it did not have any effect. Caver suddenly stopped and turned to face the officers (or, if the Taser did have an effect, turned as his knees buckled), and Gregorio and Milburn shot him several times. Caver crumpled onto the sidewalk, and medics from the Seattle Fire Department pronounced him dead when they arrived. Based on the bodycam footage, the entire encounter lasted less than a minute. Terry Caver was 57 years old when he died. Like more than a third of all those shot by Seattle police in the past decade, Caver was Black.

When Vanessa heard that her brother had been carrying a knife and acting erratically, she knew what had happened.

Terry Joel Caver was born in Birmingham, Alabama in April 1963. He was one of three siblings: Vanessa is his older sister, and his other sister died years ago from health problems. His mother was only briefly married to Caver’s father, and before he turned ten, she moved with her children to the San Fernando Valley in Los Angeles County.

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By his sister’s account, Caver was lovable and bright. “Even if he hadn’t been my biological brother, he would have been my best friend,” she says. And even as a child, Caver was apparently generous to a fault. “He would do anything for anybody, anytime,” his sister recalls.

As he neared his early twenties, Caver began to rack up felony charges, mostly for burglaries in northern LA County. According to his cousin, Gwendolyn Taylor, Caver bounced in and out of jail for years, never quite finding his footing before he landed in court again. That cycle consumed most of his young adulthood.

Once he moved to Washington to be near his sister, Terry Caver’s mental health struggles overwhelmed him. His sister says he constantly feared that someone was following him “to finish him off,” prompting him to almost always carry a knife to protect himself.

Caver’s trajectory took a turn for the worse after he was released from a stint in prison in 2010 and returned to his home in the San Fernando Valley. There, a drive-by shooting left Caver temporarily in a wheelchair after he survived nine gunshot wounds. His sister, who lives in Everett, brought him to Washington to stay with her while he underwent further treatment at Harborview Medical Center; his sister says he left with a plate in his ankle to help him walk again.

According to Vanessa Caver, the shooting in California was the breaking point for her brother. In its aftermath, he was diagnosed with paranoid schizophrenia. She believes the shooting triggered the onset of his mental illness. Taylor shares that belief, and she thinks that his brief detention as a witness to the shooting only exacerbated the trauma. A doctor prescribed Caver a medication to help manage his schizophrenic episodes; it’s unclear whether he was taking his medication at the time of his killing.

Once he moved to Washington to be near his sister, Terry Caver’s mental health struggles overwhelmed him. His sister says he constantly feared that someone was following him “to finish him off,” prompting him to often carry a knife to protect himself. Though he often stayed in her apartment, she says he didn’t always feel safe there, either. “He would think there was someone else in the house,” she says. As a result, he periodically found himself homeless.

Court records show that he was charged with a few minor assaults in Seattle and Everett, which his sister believes stemmed from other mental health episodes. He was also arrested for non-violent incidents. His cousin recalls him being arrested in Las Vegas after breaking into an empty apartment and refusing to leave; another record from the Washington Court of Appeals describes an incident in 2016 in which Caver was arrested for possession of methamphetamine after he called 911 to ask to be taken to a mental health treatment facility.

In the latter case, court documents show that Caver was carrying a pocket knife, but after talking to police, he placed it on the ground. In the initial trial, the arresting officer justified placing Caver in the Snohomish County Jail during a mental health crisis by explaining that “the jail [had] available mental health professionals and separate housing for inmates with mental health issues.” For his part, Caver requested that he be allowed to wear his jail clothes to the trial. “It represent[s] what’s really going on in my life,” he explained to the judge. “I don’t want these people thinking that I’m on the streets when I’m not on the streets.” The court denied his request, claiming that “it causes much mischief if the defendant is clothed in regular jail garb.”

His cousin, Taylor, says that no matter his mental state, Caver always gave her a call as soon as he was released from jail. “He somehow always knew my number,” she says. “He would lose his phone, his phone would break, but he always remembered it.”

As Vanessa Caver made clear, her brother’s life in Washington was not wholly defined by his mental illness. Her fondest memories are of his most enduring quality: his generosity. When he first arrived in Everett in the early spring of 2010, Vanessa remembers buying her brother a leather coat to help withstand the cold. Only a few hours later, her brother returned coat-less, having given the gift to a man at a bus station. “I had a sweater and a hoodie,” he explained to his sister. “The other guy looked cold.” His sister says he was also a regular volunteer at a local soup kitchen; she’s sure he had become well-acquainted with some police officers in the process. “He said they told him he was doing a good job,” she remembers.

Terry Caver also made some attempts to get on his feet while in the Northwest. After returning from Las Vegas, he moved into a substance abuse recovery house, only to return to his sister’s apartment after realizing his roommates had taken his clothing and shoes. Later, she remembers him receiving a voucher for affordable housing. “He went down to Seattle to look for a place to live,” she said, “because he wanted to continue helping the homeless.”

While in Washington, Caver also converted to Islam and became a steadfast attendee at a local mosque. His sister doesn’t know the name of the congregation, but she admired his piety. “He tried to convert me,” she said with a chuckle, “but every time we would just start talking about the Lord. He loved the Lord.”

But Caver was still regularly overwhelmed by paranoia and fear caused by his mental condition. His sister can only imagine how afraid he was when he was reported waving a knife at pedestrians in Lower Queen Anne just before he was killed. “I’m sure he thought they were going to try to finish him off,” she says.

She thinks his mental crisis was made worse when police arrived on the scene. “If there had been one or two officers, they could have talked to him. He always listened. If they had talked to him, got him to sit down in the patrol car, he would have felt safer. But there were too many officers, so he was scared,” she explained.

She hasn’t been able to bring herself to watch the video of the shooting, but she is sure that her brother didn’t have to die. “If they had to stop him, they could have just shot him in the foot, taken him to the hospital and then taken him to jail,” she says. “I don’t understand why they had to kill him. I guess in their mind, he was a nobody.” Over the phone, she drew a comparison between her brother’s death and that of Charleena Lyles, the 30-year-old Black woman killed by Seattle Police officers in Magnuson Park in 2017 in front of her children (Lyles was also pregnant at the time). “They knew [both Lyles and Caver] were having mental health crises. They just needed to slow down and talk,” she said.

The current SPD policy manual does not provide specific instructions for responding to people with knives. The manual does instruct officers to de-escalate when “safe and feasible,” and the manual’s guidelines for de-escalation recommend that officers consider “whether any lack of compliance is a deliberate attempt to resist rather than an inability to comply based on factors including… behavioral crisis” and that they make an effort to slow down interactions and maintain a safe distance from suspects. In Caver’s case, the officers surrounded him on three sides (by the time officers fired, his only route of escape was into a dead-end parking lot) and repeatedly shouted at him to drop to the ground.

Both because of pandemic-related public health recommendations and because her brother was uninsured, Vanessa Caver and her family weren’t able to hold a proper funeral for her brother. His cousin paid for his body to be cremated and delivered to her apartment in an urn. “I couldn’t sleep at night knowing that urn was in the other room,” she says. The next day, her daughter arrived to drive Vanessa – and the urn – to her home in southwest Washington, where the family had a memorial dinner.

Vanessa Caver says her daughter has been in contact with a lawyer to discuss the case. For now, though, she is still trying to wrap her head around her loss. “I don’t have any siblings left,” she says.

According to Andrew Myerberg, the director of Seattle’s Office of Police Accountability (OPA), the police department’s Force Investigation Team will present their findings about the shooting to the Force Review Board—an eight-member panel that includes both Myerberg and the city’s Inspector General as non-voting members —sometime soon. Myerberg says that his office did not receive or file any complaint that would trigger an OPA investigation.

“This Was Never Personal. It Was Always About Changing Systems.” Council Members Stand Behind “Corrected” Statements on Police Chief Departure

Tammy Morales and Teresa Mosqueda; image via City of Seattle

By Erica C. Barnett

Reporters covering the reactions to Seattle police chief Carmen Best’s resignation yesterday received two different versions of a joint statement from council members Lorena González, Teresa Mosqueda, and Tammy Morales. The first pushed back explicitly on Best’s claim that the council cut SPD’s budget, and the salaries of the department’s command staff, for personal and “retaliatory” reasons. The second, less than half the length of the original, thanked Best for her service and reiterated the council’s commitment to systemic changes in the city’s approach to public safety.

The original statement, which the council’s communications office “recalled” and replaced minutes after sending it, contextualized the cuts as part of a larger effort to address “accountability and systemic racism in Seattle’s Police Department [and repair] the harm done by this City to Black and Brown communities.” It also emphasized that both Best and the three Latina council members were all women of color, who “face the impossible task of reforming and improving institutions never designed to serve our communities.”

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“As women of color in public service, it can feel impossible to do this work in very visible positions of power. We cannot lead by tearing each other down, despite whatever policy disagreements we may have,” the initial statement said.

Although the hasty recall and overhaul of the original statement might imply that the three council members regretted their original comments, all three confirmed to The C Is for Crank that they still stood by what they said in the initial press release.

“This was never personal; it was always about changing systems,” Mosqueda said Wednesday afternoon. “It’s unfortunate that she saw [cuts to the police department] as personal in nature. This was never, ever an adversarial comment made about the chief. This was always about the system.”

González, who said “gave [the chief] my commitment that I would never tear her down because as a woman of color I understood what a difficult position she was in,” said she didn’t regret her vote to cut the command staff’s salaries, a decision Best has explicitly called “vindictive and punitive.”

“When we were looking at the budget and attempting to respond to the calls of community to take action, to invest in solutions that produce racial justice outcomes,  the reality is that everything is on the table,” González said, “and the SPD executives’ salaries were clearly out of line with the salaries of other executive teams in the city.”

And Morales, who represents Southeast Seattle, said that although she’s “sad to see Chief Best go” because she “brings a unique perspective and lived experience that would have been valuable to the work we’re going to try to do,” the city has been trying to address police accountability and violence since long “before Chief Best was the chief.

“It wasn’t about her—it was about the institution she was a part of, and this is an institution that’s rooted in racism,” Morales said. “Chief Best is loved by her staff and her department, but they are all still part of that system, and that’s what we’re trying to change … the institution and the harm that it’s done. Speaking as the representative from District 2″—the most diverse, and Blackest, district in the city—”that’s what I came into this office to do.”

Victim in May 19 SPD Shooting Identified

By Paul Kiefer

The King County Medical Examiner’s office has provided the C is for Crank with more information about the Black man killed by Seattle Police Department officers on May 19th in Lower Queen Anne. His name was Terry J. Caver, and he was 57 years old.

The incident occurred at about 3:20 PM when at least four officers, including one with a dog, responded to a series of 911 calls describing a man displaying a knife and chasing pedestrians at the intersection of West Harrison Street and Elliott Avenue West, according to images from officers’ body cameras.

Images from body cameras show that the officers approached Caver and demanded that he get on the ground, and Caver continued to walk south on Elliott. A few seconds later, he broke into a jog and threw a piece of clothing back at the officers, revealing what appears to be a kitchen knife. The officers chased him, and Caver yelled, “You’re going to have to kill me.” When he stopped and turned back to face the officers, two – Officers Christopher Gregorio and Matthew Milburn, neither of whom have prior shootings on their records – opened fire. Caver was pronounced dead at the scene when Seattle Fire Department ,edics arrived.

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Per standard procedure in the aftermath of police shootings, representatives from the Office of Police Accountability (OPA) and the Office of the Inspector General were present for the initial investigation, but neither agency is investigating the incident; according to OPA director Andrew Myerberg, nobody—including his office—filed a complaint that would trigger an investigation.

Instead, SPD’s own Force Investigation Team will review the details of the shooting and present them before the Force Review Board for a final ruling. The review board is composed of eight SPD staff (and both the OPA director and the Inspector General as non-voting members).

After the killing of Iosia Faletogo on New Year’s Eve in 2018, SPD began collaborating with King County Sheriff to review use of force cases. As a result, the sheriff’s office is also reviewing the incident.

I have yet to find any other information about Terry Caver’s life, but this update feels incomplete without something that could cast light on who he was. My sources are fairly certain he was unhoused, and it is unclear whether he has any living relatives who might be able to offer more details about him. If you are able to provide any additional information, please email me at paul@thecisforcrank.com.

[Update on 8/13/2020]: Washington State law generally requires use-of-force investigations “completely independent of the agency whose officer was involved in the use of deadly force” (that requirement was part of I-940, a police accountability initiative passed by voters in November 2018). However, in January 2019, the state legislature amended those requirements. One of those amendments exempted law enforcement agencies under “federal consent decree, federal settlement agreement, or federal court order” from the independent investigation requirement in use of force cases. Because of that exemption, SPD’s Force Investigation Unit is allowed to investigate use-of-force incidents involving SPD officers. 

Additionally, on August 13th, a reader contacted The C is for Crank to explain that he did file a complaint about Terry Caver’s shooting. He included the case number for his complaint and an email he received from the OPA acknowledging its submission; however, the email did not include a copy of his complaint, and the OPA’s complaint tracker does not show the text of complaints. According to the complaint tracker, the complaint was marked for investigation. I have submitted a public records request to obtain a copy of that complaint.