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I completed my Report and Analysis – Creach OIS Investigation. This report was given to Sheriff Kenzovich in a meeting on 02-04-11. A cover letter was attached to the report (See below). Since neither Sheriff Knezovich or WSP Sgt. Ken Wade complied with my demand I am now making this report public.
Det. Ron Wright (Retired)
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February 4, 2011
Ozzie Knezovich, Sheriff
County of Spokane
Ken Wade, Sgt.
Washington State Patrol
Re: Report and analysis of Creach OIS
Dear Sheriff Knezovich and WSP Sgt. Wade:
Please find attached my Report and Analysis of the Creach OIS Investigation, which includes my recommendations for further necessary investigative work and my findings. In my email of 01-18-11 to County Prosecutor Steve Tucker, I clearly stated my interest in this case, my concerns and the reasons for my involvement in this case. I believe each of you owe a legal duty to study my report carefully. I request you do so immediately.
My principal findings are:
· The OIS investigation as prepared by SPD is so flawed and incomplete that it poses a serious legal liability for the citizens of Spokane County. It left so many unaddressed and unanswered issues/questions as to actually raise the question of whether it is an attempt on the part of law enforcement to cover up a policeman’s crime. If that is not the intent of this embarrassingly poor investigation, the only other conclusion I can draw is that it reflects professional incompetence that the public cannot accept. As a member of the public who served as a police officer for 35 years, I certainly do not accept it.
· No informed decision can be made about whether the shooting death of a Spokane County citizen by a Spokane Sheriff’s deputy that is the subject of this investigation was justifiable. Because of that, it raises the question in this veteran investigator’s mind of whether the deputy himself was engaged in criminal activities that the victim was investigating at the time the officer shot him to death.
One unfortunate result of Mr. Tucker’s unprofessional conduct is that it has severely complicated any subsequent voluntary interviews with the involved deputy. As I understand, the Spokane County Sheriff’s Office will now begin its internal affairs review and investigation of this incident. Compelled statements of the deputy generally can’t be used in a state criminal proceeding, however in a federal case (Criminal and or civil rights case 18 U.S.C. 242 & 42 U.S.C. § 1983), such statements may come in if they are relevant to lying to a federal investigator e.g., this is now the situation in the Otto Zehm Case.
Regardless of how flawed the SPD OIS investigation was as it was given to Mr. Tucker and Mr. Tucker’s lack of further inquiry and subsequent decision not file, this does not absolve either of you personally and or the Spokane County Sheriff’s Office and the Washington State Patrol of civil labiality. You have a separate sworn duty and responsibility to the people to ensure a proper investigation is done for the reasons I outlined in my executive summary:
OIS investigations must be A+ level work not only for the important criminal review but also for the subsequent Internal Affairs (IA) review/investigation regarding police policy and procedure.
The purpose of the IA review is to identify if mistakes were made, to prevent further like events by changing policy, procedure, tactics, and training. When law enforcement fails to identify, acknowledge and or recognize when mistakes are made and take corrective/appropriate action, not only do the potential civil damages in the instant case increase substantially but in future cases as well.
Lastly the public must have confidence in the OIS review process or collectively the law enforcement community will lose the trust of the public. The taxpayers must ultimately bare the cost of such poor decision-making by law enforcement leadership to identify and to mitigate risk.
I request that both of you, on behalf of your separate agencies, issue a statement within two weeks regarding the receipt of my report and your intent to correct the deficiencies it outlines. If you do not honor this request, I will make the report public in order to assist the public in holding you accountable to your legal duties.
As fellow law enforcement professional, I regret the necessity of doing this. I consider it necessary, however, because in the matter of the First-Degree Manslaughter death of Jo Ellen Savage in the Riverpark Square parking garage, evidence suggests that Mr. Tucker by his actions was derelict in his sworn duties and responsibilities to the point of rendering criminal assistance. The Spokane Chief of Police and Spokane County Sheriff by tolerating and condoning the actions of Mr. Tucker are both potentially guilty of rendering criminal assistance.
I will not stand by while such illegal actions are taken in the matter of the tragedy at hand. So long as the community of Spokane does not draw a line in the sand regarding such police misconduct needless tragedies, and erosion of public confidence in local law enforcement, will almost certainly continue.
Sincerely,
Det. Ronald Wright (retired)
Cc: Tim Burns SPD Police Ombudsman
Andy Wilson, ITT – Chair Criminal Justice Program
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UPDATE I:
Email sent to Spokane County Sheriff’s IA Det. Gere on 03-07-11 in response to recent supplement report by Spokane PD Det. Brian Hirzel in the Creach OIS investigation. The SCSO’s is currently doing its IA review/investigation into this very tragic shooting for all involved both the family and officers involved.
Det. Gere
SCSO Internal Affair Unit:
Re: Creach OIS Investigation & Det. Hamond’s Supplement Report of 01-18-11
Dear Det. Gere,
I have since reviewed the sup rpt by SPD Det. Hamond dated 01-18-11 that Sheriff Knezovich referred to at our meeting on 02-04-11. Here are a couple of key passages from my letter which is attached on MS Word .doc form:
I will eventually write an addendum to my Report and Analysis – Creach OIS Investigation in response to Det. Hamond’s new supplement report. Since SCSO IA investigation/review is now underway, I’m providing my thoughts and insights in response to Det. Hamond’s supplement in advance of writing an Addendum III.
I will repeat again the Creach family has not retained me. I am acting independently of the Creach family. Please see my disclaimer in my email to Prosecutor Tucker. . .
I have read Det. Hamond’s supplement as well as the attached documents. I do agree several of the issues and concerns have been resolved or were referred to police administration for further discussion. Regardless – my over all findings regarding the Creach OIS investigation as given to Mr. Tucker remain the same:
The OIS investigation as prepared by SPD is so flawed and incomplete that it poses a serious legal liability for the citizens of Spokane County. It left so many unaddressed and unanswered issues/questions as to actually raise the question of whether it is an attempt on the part of law enforcement to cover up a policeman’s crime. If that is not the intent of this embarrassingly poor investigation, the only other conclusion I can draw is that it reflects professional incompetence that the public cannot accept. As a member of the public who served as a police officer for 35 years, I certainly do not accept it. . .
The question now is whether the SCSO will do a complete and thorough IA review/investigation. Will SCSO actually search for the truth or will it simply follow the path set by SPD? I encouraged you to very carefully consider my analysis and recommendations as you proceed with the IA review and investigation.
As before if you have any questions or need any clarification please call me on my cell at any time or send me an email.
Sincerely,
Det. Ron Wright (Retired)