Batty’s reinstatement a rarity

A firefighter’s reinstatement after a felony conviction was an anomaly for the Spokane Fire Department, a review of state court records shows.

Lt. Dave Batty, who had been a firefighter for 10 years in Spokane, was given back his job in 1995 after serving two years in prison for vehicular homicide. The decision to reinstate Batty was made by then-City Manager Roger Crum with support from the firefighters union.

“He had to prove himself. He completed all steps successfully,” said city spokeswoman Marlene Feist.

According to court records searched by The Spokesman-Review, the nearly 300 firefighters working for the Spokane Fire Department include no others with felony convictions in Washington, although some have traffic violations, custody battles and divorces.

Batty’s conviction made news when he was reinstated, and it resurfaced late last month when he was involved in a fatal crash that killed three men.

Batty, 51, was following a southbound van when it slowed on Highway 2, which was slick from snow and ice. His pickup rear-ended the van, pushing it into the northbound lanes and into the path of an oncoming Toyota.

Detectives are awaiting test results, which could take two more weeks, said Washington State Patrol spokesman Jeff Sevigney.

Alcohol was not considered a factor in the crash, state authorities said. However, they said, Batty may have been following too closely.

In the 1992 fatal crash, Batty had a blood alcohol level of 0.24 percent.

When reached by phone, the firefighter referred all questions to his attorney, Michael Roff.

“There’s been a rush to judgment by the media about my client,” Roff said. “He paid dearly with incarceration. He’s just been a model citizen since then.”

While the State Patrol has not released details of its investigation, Rolf said Batty was traveling only 25 to 30 mph – half the posted speed limit. Rolf contends fault for the death may lie with the driver of the Toyota – who was confronted with the van after the collision sent it into the northbound lanes.

“I believe that if that vehicle hadn’t been going so fast those people might still be alive,” Roff said. The driver of the Toyota could not be reached for comment.

Meanwhile, Spokane city officials and firefighters say they still support the decision made years ago to reinstate Batty and say he’s proved himself deserving.

“To just evaluate him and say he had some felony in the past isn’t fair,” said Mayor Dennis Hession. “He has the right to have the consideration, and the evaluation to have a second chance. He has proven his worthiness to be an employee in the city of Spokane.”

But if Batty’s situation presented itself today in a community where public employees are more heavily scrutinized, the outcome may be different.

“I would evaluate the circumstances, and there are many factors that have to be considered,” Hession said. “Those are serious matters, and you have the responsibility of the community’s trust in your hands.”