Spokane7
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June 19, 2009 in News, City
City asks to dismiss Zehm case
Zehm’s actions cause of death, court papers claim
The City of Spokane asked a federal court Friday to dismiss a lawsuit filed by the family of Otto Zehm over his death in police custody in March 2006, saying the developmentally disabled janitor, not police, is responsible for his own death.
In a response to the federal civil rights suit filed by his mother, Ann Zehm, assistant city attorney Rocco Treppeidi and Carl Oreskovich, a private attorney under contract to the city who also represents one of the officers involved in the case, argue that police acted properly in the north Spokane Zip Trip on the night of March 18, 2006.
Zehm suffered from a mental illness, but was able to function “moderately well” as long as he took his prescribed medication, the court documents contend. In the weeks before the incident, however, he stopped taking that medication “leading to a significant deterioration in his functioning capacity, including but not limited to episodes of major confusion and paranoia.”
When confronted by officers at the Zip Trip, Zehm refused their orders to stop and to drop a two-liter bottle of soda he was holding. When he refused officers’ orders, he was struck with a baton, jolted with a Taser, handcuffed and hog-tied.
“Otto Zehm knew or should have know that he was being detained by a peace officer and had the duty to refrain from using force to resist such detention,” the city contends. “Any injury or damage suffered by Mr. Zehm was caused solely by reason of his conduct and willful resistance.”
The court document also defends the public statements of acting Police Chief Jim Nicks after Zehm’s death. Nicks said at a press conference that Zehm had lunged at Officer Karl Thompson, and that for the majority of the time that he was in restraints, Zehm was kept on his side. A review of video tapes showed no evidence that Zehm ever lunged at officers, and he was on his stomach for a significant period of time.
“Both statements were believed to be true when made,” the city said. They were later “clarified and revised” during the investigation.
The city also contends Zehm had a history of resisting arrest, based on an incident that happened some 16 years earlier. In that case, the court documents say, a county sheriff’s deputy encountered Zehm “wandering along an arterial in a confused manner wearing ripped clothing” and seemed lost and confused.
The deputy decided to take Zehm to Sacred Heart Medical Center for evaluation, and attempted to keep him from running away. Zehm assaulted the deputy, the court papers say, had to be wrestled to the ground and during the struggle “twice tried to get the deputy’s gun in his holster.” With the help of backup officers, he was hobbled, carried to a patrol car and taken to jail. He was never charged, but was referred for mental health evaluation and treatment.
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George_Sands on June 19 at 11:40 a.m.
It saddens me to think our City acts in this manner on our behalf. A good lesson in life is, when you make a mistake, fess up. Fix it. and then move on.
OUR City decides to dig their heels in and make motions like this to insult us.
terrymr on June 19 at 11:48 a.m.
Crazy - so can we get signs posted indicating that failure to drop a pop bottle when ordered is grounds to kill you on the spot ? People should know if this is to be the official city policy.
93bird on June 19 at 12:46 p.m.
Despicable. The city says “Otto Zehm knew or should have know that he was being detained by a peace officer and had the duty to refrain from using force to resist such detention”. However,after a struggle with a sheriff’s deputy 16 years ago Zehm “was never charged, but was referred for mental health evaluation and treatment.”. Either the cops who killed Zehm, or the deputies who helped Zehm were wrong. My money’s on the jack-booted city police.
Carmelita3rd on June 19 at 1:16 p.m.
We need more advocates for the mentally ill. We have patients with machettes out there hacking away at innocent people . Too many are left to their own devices released from mental hospitals with a pat on the back and a their ya go buddy, holding a pamphlet of how to medicate your self and an appointment roster they are set upon society all alone and expected to become a productive member of the common community. Family members shun them because they are tired of the episodes or embarassed , neighbors haven’t dealt with situations involving mental illness , how are they to know the signs or who to contact in case of a maniacal episode. Fellow employees are not informed that their co-workers are on medications that if not taken can lead to personal harm. Police officers are not trained to recognize medical episodes , heck take the case of the man having a grand mall in his car in a mall parking lot. Because he didnt respond to the officer in a timely maner he was draged from his car , hand cuffed and read his rights while he continued to have a seizure laying on his stomach on the ground.Not all seizures involve convulsions. Thankfully a passerby informed the officer what was really happening and the man was assisted by EMT’s. So if ya have some spare time become an advocate if you don’t then educate your self and family. Know who to call and don’t be afraid to get involved you may save a life. Mental Illness is on the rise just like the deficit .
1960 on June 19 at 1:18 p.m.
The system is totally in favor of the system!!!!!!!!!!!!!!!!!!!!!!!!!!!!!It is the victims fault, not ours. That smacks of BS.
PlanB on June 19 at 6:13 p.m.
It’s deplorable that the people we hire and vote for to provide services for this city would come out with a statement like this. The city council, city attorney, mayor, and police officers should all be publicly condemning what happened to Otto rather than cover their own rear ends. And they even manage to blame Otto for his own death. Absolutely sickening.
Gregor_Samsa on June 19 at 9:21 p.m.
So is the City going to counter-sue Zehm’s mother? What absolute cold blooded reptiles. Mayor Verner deserves a single term and no more for her consistent sycophancy with the police dept.
patio312 on June 21 at 2:28 p.m.
My first comment was removed….probably because I said the police beat Otto to death….excuse me …that was only partially true, I forgot that he was also smothered. Not sure which killed him, but we do know this for sure- the police were the perpetrators.