Cop fired over tenant

The Spokane police officer who let a child-porn-possessing sex offender live in his family’s basement has been fired.

Cpl. David Freitag, a 15-year veteran of the Police Department, spent the past four months on paid administrative leave after federal agents raided his home and arrested 65-year-old Thomas R. Herman for possession of child pornography. Herman pleaded guilty to the charge last week.

The decision to fire Freitag came Tuesday after an internal affairs investigation that began in early October, said Spokane police Cpl. Tom Lee. The police chief had to wait for the simultaneous criminal investigation to be completed before starting the administrative investigation into Freitag’s actions.

“That’s why this has taken so long,” said Spokane Police Chief Anne Kirkpatrick.

Aside from violating Police Department policies and rules of conduct, it was Freitag’s decision-making that most concerned her.

“It has to do with confidence,” Kirkpatrick said. “The judgment in this situation was reckless. It was poor decision-making. It obviously was shocking to this community, and the confidence was undermined.”

Kirkpatrick said Freitag told her he was simply trying to help out an acquaintance who had lost his home in a forced tax sale. Herman lived in the basement of Freitag’s home, where the corporal lived with his wife, two sons and a 6-year-old daughter.

The veteran officer knew Herman through his wife, who had lived next door to the sex offender before she married Freitag, officials said. The corporal also knew the convicted felon was in possession of firearms – which is a felony – three years ago and didn’t report it to authorities.

The guns were later used as collateral for a $1,200 loan from Freitag to Herman. “The corporal had the guns in his personal gun safe in his home, and that is poor discretion,” Kirkpatrick said.

The FBI and U.S. attorney’s office have determined that Freitag did nothing illegal.

Spokane County Prosecutor Steve Tucker told Kirkpatrick he doesn’t plan to file criminal charges against Freitag, but Tucker did not return messages left at his office or on his cell phone to confirm that decision.

“As chief of police, my primary interest is the public’s safety,” Kirkpatrick said. “When I give a person police powers, I must have the confidence that he or she will be a good steward of that power. This was the fruit of his judgment, and that doesn’t give me the confidence I need, and that’s unfortunate.”

In announcing Freitag’s dismissal Tuesday, Kirkpatrick said investigative reports indicate Freitag lied during the investigations into his conduct.

Freitag told the FBI that he knew about Herman’s sex offender status, the police chief said. Freitag later told the department’s internal affairs investigators a different story.

“For me, the issue is the totality of the circumstances in his judgment, in his decision-making, as a total impact,” Kirkpatrick said.

Freitag violated six department policies and two rules of code, including “members of the Spokane Police Department shall not engage in any activity … (that) would create a conflict of interest or would be in violation of any law” and “members of the Spokane Police Department shall at all times conduct themselves in a manner … (that) does not discredit the law enforcement profession of the Spokane Police Department.”

In a letter given to the corporal on Tuesday, Kirkpatrick wrote: “Mr. Freitag, your decision three years ago to engage in a gun transaction with Mr. Herman was negligent, at best. To repeat such poor judgment when allowing Mr. Herman to move into your home is reckless.”

The decision to let the corporal go wasn’t easy, the police chief said.

“It’s always a tough decision for me to truly take someone’s career from them,” Kirkpatrick said. “Not only does it impact them; I’m impacting their family, their spouses and their children. I don’t do it lightly … and I feel for the corporal, but the decision is the decision.”

Freitag’s reaction to the chief’s pronouncement was reportedly accepting.

However, Freitag hired an attorney, Carl Oreskovich, earlier this year, and he has the right to appeal the chief’s decision.

The corporal was paid about $22,668 plus benefits while on paid administrative leave, but details about any benefits or compensation beyond Tuesday were not made available.

Freitag could not be reached for comment.