Shooting called self-defense

The Spokane police officer involved in this week’s shooting in northeast Spokane, identified Wednesday as Todd W. Brownlee, has been involved in at least eight use-of-force incidents since 2003, department records show.

Brownlee narrowly escaped being shot himself before firing his service revolver, critically wounding 26-year-old Ryan Patterson outside a Hillyard home, sources told The Spokesman-Review.

The homeowners called police early Tuesday after discovering a man sleeping on their front porch.

When Brownlee arrived at the home about 12:45 a.m. without backup from other officers, Patterson became combative and refused the officer’s orders to leave, police say.

After repeated warnings, the officer fired his Taser at Patterson, but one of the stun gun’s probes apparently detached, rendering the weapon ineffective, according to one source.

As Patterson lay on the ground, he apparently fired a .22 caliber handgun he had hidden in his coat pocket.

The bullet from Patterson’s handgun passed through his coat and narrowly missed the officer, authorities said.

Brownlee, who just turned 44, is now on paid administrative leave. He has been a Spokane police officer since September 1996 after serving 10 years with the Idaho State Police.

“We fully support the actions of our member,” said Detective Ernie Wuthrich, president of the Spokane Police Guild, who was briefed on details of the shooting.

The union president said he is convinced from initial information that Brownlee “was acting in self-defense, and we are glad that God chose to spare his life that morning.”

Spokane Police Chief Anne Kirkpatrick invoked a reinstituted officer-involved shooting protocol in which the Sheriff’s Office handles investigations involving city police, and vice versa.

Spokane Sheriff’s Office Sgt. Dave Reagan refused Wednesday to confirm details of the shooting provided by other sources and said there was nothing new to report on the investigation.

Patterson remained in critical condition at a hospital where he was being treated for a head wound.

Prior incidents

The Police Department creates administrative reports whenever force is used in a confrontation with a citizen – including physical force, pepper spray, Tasers, dogs or guns.

Overall, the department conducted 170 use-of-force investigations in 2003, 188 in 2004 and 164 in 2005.

In most instances, police supervisors ruled the force used by patrol officers to arrest and control suspects was justified.

The reports detail what happened and contain a “command review” section where supervising officers determine whether force was used appropriately.

None of Brownlee’s eight prior use-of-force incidents involved the use of a gun.

In every incident involving Brownlee from 2003 through 2005, supervisors ruled that his use of force was justified. The department’s use of force reports for 2006 weren’t available.

The incidents involving Brownlee include:

“An Aug. 10, 2003, arrest of a combative suspect who was Tasered twice.

“An Aug. 11, 2003, confrontation shortly after midnight. Brownlee Tasered a man who had reportedly been fighting with his wife and had threatened to kill her. He ordered the man away from his wife’s house, but the man refused to comply and was Tasered once.

“The arrest of a man on Sept. 27, 2003, in north Spokane for driving under the influence. The suspect was actively resisting when Brownlee told a fellow patrol officer to jolt him with a touch-stun Taser.

“A Nov. 23, 2003, incident where Brownlee and another officer wrestled a suspect with outstanding warrants to the ground. When he was in custody, a hairline fracture of the man’s elbow was found. The shift commander, now-retired Lt. Jim Lundgren, said the fracture couldn’t be attributed to excessive force.

“A Dec. 3, 2003, arrest of a man for felony burglary and domestic violence charges. The suspect fought with officers. Brownlee Tasered him three times before the four officers involved could handcuff him. The suspect had a cut on his right eye, abrasions on his torso and Taser probe marks, according to the police report.

“A June 19, 2004, foot chase of a violent rape suspect near Third and Walnut. The man was escaping when Brownlee fired the probes on his Taser. The suspect continued to resist, and Brownlee Tasered him two more times. His supervisors said that due to the seriousness of the crime and the circumstances, his use of the Taser on a fleeing suspect was justified.

“An Oct. 3, 2004, incident at the Davenport Hotel after Brownlee arrived to help two officers deal with a suicidal man in the lobby. The man ran when they tried to take him to the hospital. Brownlee delivered two knee strikes to the man’s right side, and one of the other officers Tasered him. The incident report classifies the man as a mental case.

“On Nov. 7, 2004, Brownlee was dispatched to help mental-health officials deal with a suicidal man who had threatened to kill a neighbor. Another officer on the scene Tasered the man once before he could be placed in an ambulance and taken to the hospital for a mental evaluation.

Trained to think fast

At the Spokane Police Academy, instructor Sgt. John Roys described how a police officer decides to draw a service weapon.

Reaction by police, the instructor said, can be compared with a person slamming on car brakes when a child runs in front of a car. But for police, it’s a trained reaction.

“Officers go out on the range to learn how to shoot a gun when the situation is sterile,” Roys said. “But we also train them about shooting in nonsterile situations. The officers go through simulation training where they are in a pretend gunfight. We condition them to think fast.”

Roys described an experience where he came within a split-second of pulling the trigger: He and a couple other officers had gone to a small motel on a disturbance call.

The motel manager complained about a group of guests causing problems, and the guests walked into sight. Roys recognized at least three of them as “violent offenders.” One had both of his hands in his pockets, and the manager was yelling “watch his hands; he has something in his hands,” Roys recalled.

The man “pulled his hands out fast,” Roys said. “I had my gun out and I was about to pull the trigger when I saw he didn’t have anything in his hands.

“He was obviously trying to provoke me.”

Deciding to draw his handgun “was pure reaction, but there was enough light and enough time, and I was able to see him enough not to shoot,” Roys said. “… Afterward, I realized how close I came.”

Roys says he’s talked to many officers at the training center who worry about making the decision to draw their weapons.

“I’ve talked to officers who worry about how much trouble they will be in if they shoot someone,” Roys said. “You name it – the thoughts are probably going through their mind while they are trying to make that decision.”