For those concerned about the direction and attitude of the SCSO and SPD as demonstrated in the overt cover-up of the Zehm case and to a lesser degree Creach OIS here's what I wrote to the families of Zehm, Creach, Dodd and Jo Ellen Savage. Also don't forget to friend the FaceBook page Recall Steve Tucker: . . . These officers violated policy they accepted as a condition of employment. . . . You have an important voice in our community to demand change and to hold accountable those who have failed us. If you agree join with us in demanding: 1. Demand that the US Attorney’s Office expand its current criminal investigation in the Zehm case to include any who were complicit and aided and or abetted in the cover-up and to prosecute for obstruction of justice. 2. Demand that the US DOJ initiate a pattern and practice investigation of SPD 3. Demand of the County Commissioners require all OIS/OIDs to be reviewed by an inquest panel as I describe in my letter below. Write to the US Attorney’s Office re expanding the Zehm criminal investigation: Tim Durkin, Assistant U. S. Attorney -EDWA 300 United States Courthouse P.O. Box 1494 Spokane, Washington 99210-1494 and to the US DOJ that has the authority to order a pattern and practice investigation of SPD and related LE entities: Mr. Thomas F. Perez Assistant Attorney General US Department of Justice 950 Pennsylvania Avenue, NW Civil Rights Division Criminal Section - PHB Washington, DC 20530 If the salute by members of the SPD in federal court was offensive to you, you can officially complain to SPD Ombudsman Tim Burns as I have. There are SPD policies these officer violated that they have accepted as a condition of their employment: Office of Police Ombudsman The Old City Hall Building 221 N. Wall Street, Suite 238 Spokane, Washington 99201 (509) 625-6742 SPDombudsman@spokanecity.org Fax (509) 625-6748 And lastly join in former Sheriff Tony Bamonte’s recall of Steve Tucker that he will soon launch. Please share with your social networks - friends and relatives, as this is how we can regain control of our local government that has lost its way. This City should not be run by the Police Guild and or the “powers that be.” You are not alone. WE THE PEOPLE chose who will govern and it is WE THE PEOPLE who can hold them accountable when they fail to serve us.

See previous post:

BREAKING – Former Sheriff Tony Bamonte to form committee to recall Co Prosecutor Steve Tucker

I just posted this comment on Rick Rydell KXLY (Facebook page):

UPDATE – Regarding the recall of Co Prosecutor Steve Tucker there is a FaceBook page that was created sometime ago. However former Sheriff Tony Bamonte is now leading an effort to Recall Steve Tucker (This is the FaceBook page). Please friend this site and watch it for future updates. A Committee is now forming to construct the recall petition that will be alleging malfeasance in office. Once this petition is created this effort will be more public.

In the meantime if anyone was present at this meeting where Steve Tucker made this statement as witnessed by Spokane City Councilman Bob Apple, please contact us either by posting here or on the Recall Steve Tucker FB page:

Every October the local Labor council has an open union meeting for all labor members out at the Fair Grounds and at these meetings some political office candidates are invited to give a speech. It was at one of these events a few years ago that candidate Steve Tucker and as I heard it specifically stated that he would not prosecute a public employee and though mic used have no idea if recorded but very much doubt the organizers would share such a recording. I then would think enough witnesses that heard the same thing could collaborate . . .

Det. Ron Wright (Retired – 35 yrs Riverside PD, CA)

For Immediate release – Spokane, WA –

BREAKING – Former Sheriff Tony Bamonte (of Breaking Blue fame ) is forming a committee to seek the recall of County Prosecutor Steve Tucker. A formal announcement will come in the near future. This action will allege malfeasance in office stemming from Tucker’s abdication of his sworn duties and responsibilities to the people.

This action stems from Tucker’s failure to exercise his leadership role in ensuring that recent problematic officer involved shootings and deaths (OIS/OIDs) were fully investigated regardless of whether formal charges were filed – Jo Ellen Savage RPS Parking Garage, Otto Zehm – SPD, Scott Creach – SCSO and Quentin Dodd – SCSO. And there may be more issues and cases that emerge after the committee is formed and begins to prepare its recall petition.

*****

This is a grass roots effort. To be successful we need to bring this message directly to the people. Please spread the word within your own social networks. WE ARE THE PEOPLE – the government is empowered by US!

Here’s my opinion of Sheriff Kenzovich’s offer to lead the SPD in an email I sent to Mayor-elect Dave Condon:

Mr. Condon,

The day after the your debate with Mayor Verner where the issue of the possible consolidation of the SO/SPD crimes against property unit was discussed, I saw Sheriff Knezovich having lunch with Mayor Verner in the food court of RPS. While there may be some benefits of consolidating these departments, now is not the best time to move forward on these discussions until the immediate issues with SPD are resolved.

I would encourage you to read the comments in S-R Brunt’s article thread. Your initial gut response was correct:

Sheriff offers to lead SPD

Talk of policing merger renewed as city makes transition

And the earlier version of this article:

Knezovich offers to lead Spokane Police Department

Mayor-elect David Condon said Thursday that he is open to Knezovich’s offer, but added that he’s heard from other potential candidates, too. Spokane Mayor Mary Verner has said she plans to start a national search for a police chief so that a process is underway when Condon becomes mayor. Condon said he’s OK with Verner moving ahead with a search as long as the selection is made after he becomes mayor.

Condon said he wants his transition team to consider whether he should pursue a consolidation with the sheriff’s office.

“Simply put, it’s on the table,” said Condon, adding that he’s also open to considering interim Assistant Chief Scott Stephens for a temporary role as chief while final plans are being assembled. “As a political leader I owe it to myself to understand what it means. By no means is it something I take lightly.”

I still maintain the best course of action is to:

Request that Asst. US Attorney Tim Durkin via US Attorney Michael Ormsby expand the current criminal investigation of the overt cover-up of the Zehm death to include and who were complicit and or aided and abetted for obstruction of justice.

Request of the US Department of Justice, Office of Civil Rights initiate a pattern and practice investigation of SPD

And lastly call upon the Spokane County Commissioners to require that all OIS/OID investigations be reviewed by an inquest panel, presided over by a superior court judge before a jury pulled from the jury pool under the rule of law and evidence.

I would add now:

Call upon Chief Kirkpatrick to leave now and bring in an interim police chief to manage the department until a new Chief can be selected.

There are potential local candidates that could fill this need that are familiar with the department, the personnel and the issues now facing SPD.   I’ve heard through my sources that Asst. Chief Scott Stephens should be considered to serve as an interim chief.  Chief Kirkpatrick’s contract can be bought out to give her the pension service credit she wants.  Although IMO I think she should be fired now.

This will accomplish in an expeditious manner what the citizens of Spokane are demanding without having to rely on local and state political action and other related MOU issues with the Guild.  The Issue of civilian oversight on other matters can be discussed in the meantime.

The Sheriff will have his hands full with the Creach family’s wrongful death civil suit that was filed in federal court yesterday.   See the attached information regarding the Creach family filing a federal civil rights case against Sheriff Knezovich et al.  The Sheriff may also find himself enmeshed in any expanded federal criminal investigation of local law enforcement practices.

The Sheriff is fully aware of the circumstances surrounding the death of the Jo Ellen Savage in the RPS parking garage.  The Sheriff did very little to counter it’s cover-up by Steve Tucker.   Both former Sheriff Bamonte and I believe there was compelling probable cause for her death to be investigated as a First Degree Manslaughter under WA State Law.   The public narrative facilitated by the reporting of the Spokesman-Review that this case was seriously reviewed by the feds and that there was a federal grand jury review of the facts/evidence of the Savage death is a red herring and false respectively  We both have a very extensive paper trail where we brought this cover-up to the attention of both Sheriff Knezovich and Chief Kirkpatrick. Please see Sheriff Bamonte’s attached letter to Sheriff Knezovich dated 01-13-09.

The Sheriff’s has a close political relationship with County Prosecutor Steve Tucker.  So far this local cozy LE relationship with Tucker has allowed these problematic OIS/OIDs to be swept under the rug.  In my research no one will ask the hard questions.  Tucker will not ensure these investigations are complete and thorough.   These investigations while going through the motions have not been a real search for the truth e.g., Zehm, Creach, Dodd and there may be more.  Instead these investigations have concluded, “We did nothing wrong . . . nothing here to see . . . move along.”

The Sheriff is very popular with the citizens and to his credit has been more transparent than the SPD.  The citizens believe that the Sheriff would bring the much needed leadership that the SPD so desperately needs.  Out of the limelight however there are others including me who believe this would not be in the best interests of the SPD and or the citizens at this critical time.

See the comments below some of which I can attribute to the source.

*****

From former State Senator Bumgarner

******

From: garybumgarner

To: Thomas Clouse;Doug Clark

Sent: 11/18/2011 12:40:00 PM

Subject: Knezovich

Can you believe the arrogance of Sheriff Knezovich offering to lead the Spokane Police Department at a time like this when he himself condoned the shooting of Scott Creach by deputy Brian Hirzel?  Knezovich is as guilty of covering up brutality as anyone in the Spokane Police Department.  I spent an hour one on one with Ozzie as he justified the killing, and he didn’t convince me one bit.  In my opinion Ozzie should go out at the same time as Hirzel.  It is unbelievable that we tax payers will have to cover the settlements over the Zehm and Creach deaths by the over zealous law enforcement officers of our community who have been supported by their training superiors to use violent means to subdue innocent citizens without properly identifying them.   I hope Mayor elect Condon will dismiss the sheriff’s offer without consideration.

( I would be pleased to see this message appear in the letters to the editor, and you have my permission to route it appropriately.)

Thank you for your great reporting.

Gary D. Bumgarner

Spokane, WA 99224

*****

Bob Apple 

I think this possibility was hinted at about a week ago in the media.  A benefit could be if then, large enough to have an independent Internal Affairs Branch Department to investigate and report as expected from City Ombudsman with even punitive recommendations, then it could be an overall good thing.  However presently the cover-up attitude within the Sherriff and the County Prosecutor are just as pronounced as in the City of Spokane’s executive staff.

*****

Me too….a bold shot at regional government….I do not like it! City government power needs to balance county government power, as well as state powers balancing federal powers….I hate all of my ‘governing eggs” in one basket!!!

*****

Dick Adams to Ron

show details 10:53 AM (10 hours ago)

Ron:
The citizens of Spokane should all be indebted to you for what you have been doing to expose the culprits.

I can`t believe the sheriff, who was a party in the cover-up of the Otto Zehm crime, thinks most of the Spokanites would even consider him. If it wasn`t so serious, where Ozzie is offering to fill in for Spokane`s police, its really laughable. Personally I believe the sheriff is corrupted along with the other    lowlife officials.

Dickthis guy should not repeat not be given any opportunity to lead the SPD – he has a sufficient amount of poor leadership traits to frankly also make him seriously unqualified……….

*****

I think the initial . . . Investigation  and the second investigation or lack thereof is a good  way to descibe his charachter to the decision makers regarding takeover of SPD.

Recent retired employees of the Sheriff should also be contacted and questioned regarding his integrity and ethics.  I can provide names…These people are very credible..

*****

Knezovich offers to lead Spokane Police Department

Wake me up and tell me I did not read this statement above.

Is he trying to duck under the bullets at the range from the Creech 11 million dollar law suit against the County? His judgment in that case was full of more holes than a mafia guy sitting in a barber’s chair. . .

Is it possible we could plummet down hill from Kirkpatrick to Knezovich?

K to K does not make anyone’s day.

I always ask myself when I read this stuff, What next?

Maybe John Powers will come back and have a roof top dinner at the INB center.

  Lord, Help us All,  Have a terrific Friday in the River City, Jock

Spokane, WA   The family of Scott Creach who was shot to death by Spokane County Sheriff’s Deputy Brian Hirzel has filed a federal civil rights/wrongful death action against Spokane County, Sheriff Ozzie Knezovich and Deputy Hirzel in federal court yesterday 11-18-11.  Please see attached complaint.  I spoke with Alan Creach, son of Scott Creach, earlier today and he is referring all questions to their lead attorney:

Robert B. Crary
Crary, Clark & Domancio, P.S.
Attorneys at Law
9417 East Trent

Spokane, WA 99206
509-926-4900 (Tel)
509-924-7771 (Fax)
rcrary@ccdlaw.com

See my previous post on the Creach OIS:

Sheriff Knezovich meeting with Creach family & pressor at 2PM on SCSO Creach OIS IA Investigation

*****

Estate of W Scott Creach et al v. Spokane County Washington et al

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SCROLL FOR UPDATES –

NO ONE IS ABOVE THE LAW –

Insensitive, Disrespectful and a Violation of Department Policy – Seems the Mayor and the Chief don’t think so

BTW I’m not voting for Mayor Verner.  If elected I will work for her recall for malfeasance in office.

This is not an ideological and or a liberal/conservative based issue.  This is an issue that all citizens of Spokane should be deeply concerned about no matter their political affiliation.  This has everything to do about the rule of law –

As Archibald Cox said after he was fired in the “Saturday Night Massacre” in the Nixon Watergate Scandal –

“Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people,” Archibald Cox stated after his firing. Ten days later, impeachment proceedings in the House of Representatives began as the House Judiciary Committee, chaired by Rep. Peter Rodino, started its preliminary investigation.

From my post in the S-R article thread on the actions of some 48 SPD officers who were present in federal court when the US Marshall took now convicted Ofc. Karl Thompson into custody:

Ron_the_Cop on November 05 at 6:13 a.m.

Insensitive, Disrespectful and a Violation of Department Policy – Seems the Mayor and the Chief don’t think so

Prepared statement – “The courtroom behavior of some officers, though protected as free speech, does not reflect the values we stand for,” Yes it’s protected free speech but these officers are still bound by SPD policy.

S-R quote –

“Kirkpatrick later said she had warned officers that they could not attend the hearing while on duty. She has directed the city’s human resources director to check for violations of that directive.”

What the Hell! Human resources director?

Kirkpatrick said she understood reactions like Reagor’s from the community. “Was it insensitive to the Zehm family? Sure,” Kirkpatrick said of the salute. “Was it actionable? No.”

This is an actionable SPD policy violation and there should be an immediate IA investigation

I do understand the emotional need to show support albeit perhaps misdirected and uninformed –HOWEVER the manner in which this was done discredits all officers that serve. This action in the courtroom no less was disrespectful of the rule of law, the sanctity of the court and of course the victim’s family.

Retired SPD Major Crimes Detective Brian Breen posted the possible violations of SPD’s Policy Manual –

Let’s see if the Chief and the Mayor have any kind of integrity at all or who really runs this city. Based on past discipline the minimum for each officer is two days suspension without pay, no vacation substitution.

See if they feel so strongly about doing what they did in open court with a convicted felon that they are willing to walk in and admit what they did and take the unpaid days.

Or shall we see if the Chief is like I’ve said all along, the worst we have ever had.

Standard 4.4:
Members of the Spokane Police Department shall maintain a level of conduct in their personal and business affairs in keeping with the high standards of the Spokane Police Department

Standard 4.9:
Members of the Spokane Police Department shall at all times conduct themselves in a manner which does not discredit the law enforcement profession or the Spokane Police Department

Standard 4.10:
Members of the Spokane Police Department shall not be disrespectful, insolent,
mutinous or insubordinate in attitude, or conduct, or by disregarding a lawful order.

Standard 4.11:
Members of the Spokane Police Department shall be courteous and respectful in
their official dealings with the public, fellow members, superiors and subordinates.

Standard 6.3:
Members of the Spokane Police Department shall conduct themselves so as to set exemplary standards of performance.

http://www.spokesman.com/stories/2011/nov/04/cit_thompson_detention/?comments#c367558

Ron_the_Cop on November 05 at 6:16 a.m.

Federal Receiver Action by the US DOJ?

There is a decent retired cop and some others, Brian Breen, being one of them in town that are angry and embarrassed by this action by a number of SPD officers:

I’ve already talked to some embarrassed ex-cops, as well as some federal employees.
If it isn’t an IA complaint by 1300 hrs. Monday. I’ll make it. If I need photos and video, I’ll post my email. Please accept my apologies. . .

If necessary. I’ll have the names of everyone in the courtroom aside from the SPD people by Tuesday afternoon. I’ll collect the video and any stills available. Those that will allow it, I will do tape recorded interviews. I will do a PDR for time cards and shift logs. I’ll request an interview with Judge Hutton, and very probably get it. I’ll easily get statements from the Marshals, the US Attorney, and the court security staff. And yes try and get statements CO and the rest of the defense team as well as the media present. I’m sure Finer will give me a statement, and make the family available for statements.

Basically I’ll do everything IA should be doing and I’ll hand the damn thing to them on a gold platter, if they won’t do the right thing after that, then there is nothing more I can do.

http://www.spokesman.com/stories/2011/nov/04/cit_thompson_detention/?comments#c367558

What these young guns don’t realized is that they are under the watchful eye of the US Department of Justice that could take the SPD into receivership.

Ron_the_Cop on November 05 at 1:09 p.m.

Liberalsblow,

There were more appropriate ways of showing support for Ofc. Thompson than IMO a show of open defiance inside the courtroom. I am very sure this caught the attention of the feds. Trust me from prior experience inspection under the federal microscope in not a pleasant ordeal.

I do agree with you regarding the application of the unsanctioned/unapproved use of the mask. Not turning Zehm on his side immediately after he was under control and the application of the mask were the direct cause of his death IMO – positional asphyxia. This is not an uncommon experience within LE circles and so ignorance is not a very good defense re a criminal filing for negligent homicide/manslaughter. The burden for these crimes under existing state law is only – reckless disregard. This is much less that the federal CRV burder of willful.

Some have asked why the feds didn’t charge manslaughter here. It’s simple the feds don’t have a specific section for neg homicide/manslaughter. The only available federal actions are civil/criminal civil rights violations.

This goes back to my disdain of Steve Tucker for not raising the professional bar in these OIS/OIDs. Mistakes will be made. The question is whether we learn anything from them and change practices and training so the risk of these tragic incidents happening again are minimize. Had Tucker done so perhaps Zehm, Creach and others would still be alive today.

As I said in the earlier thread when EthicsinLE ( http://tinyurl.com/3vp626m ) challenged my training and experience, I agree as does Brian Breen the SPD rank and file has significant issues with Chief Kirkpatrick and the current command staff. This requires a political solution. To effect this change you need the support of the community to do so. This display in court yesterday did nothing to build that support with the community.

Someone made the reference to police as being sheepdog to guard the flock from evil. This is true but with this caveat –

On Sheep, Wolves and Sheepdogs – http://tinyurl.com/ynkjpm
(From the book, On Combat, by Lt. Col. Dave Grossman)

…The sheep generally do not like the sheepdog. He looks a lot like the wolf. He has fangs and the capacity for violence. The difference, though, is that the sheepdog must not, cannot and will not ever harm the sheep. Any sheepdog who intentionally harms the lowliest little lamb will be punished and removed. The world cannot work any other way, at least not in a representative democracy or a republic such as ours.

UPDATE I:

I have filed a formal complaint to be merged with the complaint Brian Breen intends to file with SPD Ombudsman Tim Burns regarding the actions on 11-04-11 of some members of the Spokane Police Department.  You can read my complaint letter here.  Any who feel this action was disrespectful can also contact Mr. Burns by phone, email and or fax to join in Brian Breen’s complaint.

Office of Police Ombudsman
The Old City Hall Building
221 N. Wall Street, Suite 238
Spokane, Washington 99201
(509) 625-6742
SPDombudsman@spokanecity.org
Fax (509) 625-6748