July 21, 2009 in News

County settles ‘donkey kick’ death suit

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The Spokane County Commission voted unanimously today to approve a $425,000 settlement that will eventually be paid to the children of a man who died following a struggle with jailers.

Benites S. Sichiro suffered multiple Taser shocks, was beaten unconscious and struck with jailer’s “donkey kick” before the 39-year-old died of a lacerated liver on Jan. 29, 2006.

Commissioners offered no comment as they approved the settlement today.

Attorneys Greg Devlin and Brian Hipperson filed the wrongful death suit on behalf of Sichiro’s former wife, Menciana Meippen. Devlin said today that he is glad the case has been resolved.

“I think it’s a fair settlement,” Devlin said. “Now these two minor children will have sufficient funds to go to college or buy houses. But it doesn’t bring their father back.”

The incident began when Sichiro was brought to the Spokane County Jail. Devlin said Sichiro twice told the booking deputy — who noted it in the record — that he was suffering from delirium tremens, or severe alcohol withdrawal that can cause irritation, hallucinations, sweating and confusion.

But that information was never forwarded to the jail nurse, Devlin said.

“It was totally avoidable,” Devlin said. “It seemed as if they didn’t have an adequate understanding of” delirium tremens. “A person doesn’t really have the ability to understand anything when they are delirious like that.”

After being booked on charges of trespassing, obstruction of justice and fourth-degree assault, Sichiro fought with jailers on three occasions, according to investigative reports.

During those struggles, jailers used Taser guns seven times and struck him with their fists and knees – including the maneuver known as the donkey kick.

Finally, after jailers tied Sichiro to a “restraint chair,” he lapsed into unconsciousness. He later died at a hospital.

The donkey kick subsequently was banned as an acceptable control method used by Spokane County jailers.

The medical examiner ruled Sichiro’s death as a homicide after determining he died from a lacerated liver and other internal injuries.

John C. Elam, the jailer who delivered the donkey kick, was hired three weeks later to become a Spokane police officer – a job he held a brief time before being dismissed from the force for lying.

Devlin said he’s not even sure the so-called donkey kick was the fatal blow.

“It’s a very tragic set of circumstances,” he said.

The case awaits final approval by U.S. District Judge Fred Van Sickle. Had it gone to trial, a jury could have ordered the county to pay much more than the settled amount, including punitive damages for out of pocket expenses, pain and suffering and loss of parent child relationship, Devlin said.

“I’m still not convinced that (jailers) are getting the proper training … to recognize potentially life threatening situations,” Devlin said. Sichiro “fell through the cracks in many ways.”

Four comments on this story so far. Add yours!

• 

  karl2002 on July 21 at 6:05 p.m.

  As a Spokane County resident, I am kind of wondering if those responsible will be covering the cost of this settlement? I certainly don’t want my tax dollars going towards this. This is not a case of simple error, but one in which those that took part in this action and those responsible for overseeing their training and conduct should be held accountable for the costs associated with settling the case, including legal and administrative costs incurred by the county.

• 

  George_Sands on July 21 at 6:46 p.m.

  It appears the Elam was a prime candidate to become an SPD officer however he just couldn’t resisting lying before the probationary period was over. Whom every hired him should also be “let go” You hear me chief?

  They should have taken this to court and shaken the Counties moneybags for at least a Million. After attorneys fees 30%? the kids still have a pretty penny if they dont squander it. I dont think $150K per kid is ever ever going to bring their father back.

  I concure with klos, that we need to quit shielding these incompetent overpaid public servants from civil lawsuits. Perhaps when the individual is held responsible (rather than the County), they will ACT responsible.

• 

  lewis8457 on July 21 at 11:24 p.m.

  well you know when a citizen makes a mistake that uses emergency service resources the citizen gets fined. About time we start charging the civil servants that make us pay too much for their screw ups.

• 

  KateJackson on July 23 at 1:20 a.m.

  I’m a lttle surprised at the naive residents of Spokane.
  Does anyone remember the reason Sichiro was booked into jail?
  The police were called to a domestic violence situation where Sichiro was being beaten by family members for sexually abusing an underage family member. The mug shot that the SR loves to print for “sympathy” for the disgusting child molester was a direct result of his own family beating the snot out of him.
  After hundreds of man hours and investigations by the Spokane Sheriffs department and the FBI it was later determined that John Elam never “donkey kicked” anyone. Out of the 20 witnesses involved, not a single officer, sgt or nurse ever saw him do anything against procedure. The person responsible for that accusation was investigated and eventually ADMITTED that it NEVER happened. As a matter of fact, the supposed Donkey Kick was reported days later by another officer who was not even present at the time and later backed up by a Jail Sgt who has since been fired for misappropriating funds when he “created” a job for his mistress. Elam had already been hired by the SPD and seemed like the easiest target to blame just in case.
  Instead of printing these facts that were released in reports that are public record (FYI) and press conferences the SR decided they preferred their own version and that’s what they fed Spokane.
  Elam was then a victim of a witch hunt by the incompetent chief of police hired to “clean up this town”. Yes, he was at fault for the accident, he took full responsibility for that. He had been in the car for less than 2 minutes, going from 1 call to the next.
  However he was never asked at the scene if he was wearing his seatbelt. The officer who wrote the accident report checked the box that he was. When Elam was asked later he stated he really wasn’t sure it all happened so fast. The black box showed that it was not engaged, however the car was moved after the accident and the black boxes are known for being approximately 50% accurate. After Elam was terminated, the officer that wrote the report came forward and explained that he had NOT in fact asked Elam, who had received a head injury and was bleeding, if he was wearing his seatbelt he simply checked “yes” never thinking that it would matter. Police officers are not required to wear their seatbelt while on duty. He was later escorted to a meeting with Chief Kirkpatrick and advised that it would be “unwise to his longevity as a Spokane Police Officer to continue sharing this discrepancy”. In fact several officers were spoken to regarding their support for Elam. Kirkpatrick made a personal apperance at each roll call to discourage the outpouring of support.
  Whether or not he had his seatbelt on. This discrepancy is the basis for his termination. Is that really “Lying during an investigation”

  John Elam was a decorated Special Forces Marine with numerous meritorious comendations and promotions, he had an immpecable record with the Sheriffs department for 4 years, a member of the CRT team at the jail, voted President of his class at the Police Academy, not to mention he had just been awarded a position on the Spokane Police Tactical Team despite the fact that he was still on probation. The Sgt in charge of the team felt that he would be an asset and waived the time constraint. Despite all this, Kirkpatrick even went so far as to petition the State Licensing Board to remove Elam’s commission. After doing their own investigation into the matter they refused to strip his credentials stating that they found absolutely no proof of misconduct and even questioned why she would make such a request.
  John Elam was the kind of police officer that Spokane desperately needed but in an effort to give the appearance that she is doing the job she was hired to do, Kirkpatrick sacrificed this officers entire career.
  Where is Spokane now? Minus one of the decent cops, being spoonfed lies by our newspaper.