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June 22, 2009 in News, City
Feds indict Zehm officer
He’ll be tried on civil rights, ‘false statement’ charges
A federal grand jury has indicted Spokane Police Officer Karl Thompson, the first officer who responded to the confrontation that resulted in Otto Zehm’s death and sparked a cry for citizen police oversight.
(Full-size photo)
A Spokane police officer should stand trial on charges of violating the civil rights of mentally ill janitor Otto Zehm and lying about the confrontation that resulted in Zehm’s death, a grand jury has decided.
U.S. Attorney James McDevitt announced Monday that a federal grand jury handed down two indictments against veteran Officer Karl F. Thompson Jr., who was the first of several officers to confront Zehm, a 36-year-old Spokane man who had schizophrenia.
Zehm died March 20, 2006, two days after he was beaten with a baton, shocked multiple times with a Taser and hogtied. The case sparked a cry for more citizen oversight of law enforcement.
Police officials believe Thompson’s indictment is the first to be brought against a Spokane officer.
Police officials initially said Zehm attacked Thompson, but they recanted that claim months later when surveillance video clearly showed Zehm retreating, holding a 2-liter plastic soda bottle in front of his face while Thompson struck him with a baton.
“These are not matters that we do with any sort of glee,” said McDevitt, while also criticizing local media’s coverage of law enforcement. “But where there is no local action, or where the results of the state or local proceedings are insufficient to vindicate the federal interest, a federal prosecution may be sought.”
If convicted, Thompson, 61, faces a maximum of 10 years in prison and a $250,000 fine for the charge of violating Zehm’s civil rights. He faces a maximum of 20 years and a similar fine for the second indictment, which accused Thompson of “making a false statement in an interview” with police Detective Terry Ferguson.
McDevitt said he could not talk about the evidence that produced the charges, saying only that Thompson “used unreasonable force in violation of federal law.”
Thompson is scheduled to be arraigned at 1:30 p.m. July 9, said his attorney Carl Oreskovich, who is also being paid by the city to represent Thompson in a civil lawsuit stemming from the encounter with Zehm at the Zip Trip on North Division Street. That federal action was filed on behalf of Zehm’s mother, Ann Zehm, by the public-interest law firm Center for Justice.
“We are very disappointed in the fact that an indictment was returned,” Oreskovich said. “Karl Thompson is a really kind, decent, reasoned man. We are confident … when Karl is ultimately given his day in court and the full story comes out, that he will be exonerated. Frankly, the community ought to be proud in terms of his service to the community.”
But Breean Beggs, who is representing Otto Zehm’s mother in the civil suit, said the indictment was a step forward for police accountability.
“I spoke with his mother just before the press conference,” Beggs said. “Her words were, ‘The hurt never goes away.’ But she’s hopeful in the end that things will be improved in Spokane. The family is most concerned that there not be another dead citizen like Otto at the hands of police.”
McDevitt said the grand jury came to their decision Friday, the day city officials said Zehm was responsible for the events that led to his death. The city’s 56-page response to the civil lawsuit said in part that “any injury or damage suffered by Mr. Zehm was caused solely by reason of his conduct and willful resistance.”
Beggs pointed out that Zehm, who had been off his medications, had not committed any crimes before Thompson’s actions.
“The medical examiner ruled that the police killed Otto,” Beggs said. “To blame him … it is remarkable that anyone would even make that allegation.”
Police Chief Anne Kirkpatrick said Thompson – who makes $72,203 a year – has been placed on paid administrative leave. A committee will meet to make recommendations to City Administrator Ted Danek, who will decide whether to keep Thompson on the payroll or place him on unpaid layoff status until the criminal trial is complete.
“This is the type of case that creates heartache for everyone,” Kirkpatrick said. “I have not lost sight of Mrs. Zehm in all of this. I’m a woman who feels deeply when (people) are hurting, and I see a lot of hurt.”
But the chief would not go so far as to blame Thompson, who was hired in 1997. “Open wounds never heal, so there must be closure,” said Kirkpatrick. “I’m going to lead us through this storm internally and in this city. I’m going to walk alongside anyone who will let me and say, ‘Let’s go this way, y’all.’ ”
The incident began March 18, 2006, when two young women erroneously reported to police that Zehm had stolen their money out of an ATM near Ruby Street and Indiana Avenue, according to police reports.
Zehm, who did his banking at that branch, was acting erratically as he approached the ATM, according to surveillance tapes.
The women called 911, following Zehm, and gave updates as he walked toward the Zip Trip, according to police records.
Thompson was the first to respond and found Zehm in the store. Surveillance video shows that Thompson immediately engaged Zehm from behind.
Thompson began striking Zehm with his police baton and shocked him with his Taser as Zehm held the soda bottle in front of his face. The struggle continued and eventually included six more officers who arrived to help Thompson restrain Zehm.
Zehm stopped breathing about three minutes after one of the officers obtained a plastic mask from a paramedic and placed it on Zehm’s face. The mask was never attached to the oxygen tank for which it was designed, according to police reports. At the time, Zehm was lying on his stomach while officers kept his ankles and wrists bound with nylon straps.
After Zehm stopped breathing, paramedics rushed him to Deaconess Medical Center. He never regained consciousness, and he died two days later.
On May 30, 2006, Medical Examiner Dr. Sally Aiken ruled that Zehm died as a result of homicide.
She listed the official cause of death as “hypoxic encephalopathy due to cardiopulmonary arrest while restrained in a prone position for excited delirium.” Zehm died from lack of oxygen to the brain caused by heart failure while being restrained on his stomach.
Spokane County Prosecutor Steve Tucker announced in October 2006 that he would not charge any of the seven officers – including Thompson – unless new information was revealed by the federal investigation. He said Monday his position hasn’t changed.
“All I had was the information from the Spokane Police Department,” Tucker said. “It wasn’t because I failed to act. I never got a referral to charge.”
Tucker said he did inquire Monday about what evidence the Federal Bureau of Investigation had used to gain the indictments against Thompson.
“They said the information was sealed,” Tucker said.
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turbogal395 on June 22 at 3:12 p.m.
It’s about time!!!
DocTom on June 22 at 3:35 p.m.
I completely with Mr. Simmons! Long overdue.
ChefGus/ John Olsen on June 22 at 3:36 p.m.
Well Mr Tucker ….. You waited… and yes yes yes.. you look very very stupid/corrupt ….. Blaming the victim by mr Rocky is a close second…. if the mayor has any balls she will fire Rocky post haste… and run the chief of police out of town on the same rail… the chickens are comin home to roost tonight… obscene… just plain obscene…. the whole force should be up in arms… the swat team at the Olsen trial might reconsider their actions at the verdict… but they are likely still comin down from their testosterone induced high fives… john
ChefGus/ John Olsen on June 22 at 3:37 p.m.
Welcome to Town Ombudsman Tim…:))
flamingvesselofmercy on June 22 at 4:04 p.m.
The municipal unions are very powerful in this town. Guess we’ll see if justice is served. I’m thankful that at least there is an indictment……
George_Sands on June 22 at 4:07 p.m.
Thank you James McDevitt.
justice
Main Entry: jus·tice
Pronunciation: \ˈjəs-təs\
Function: noun
Etymology: Middle English, from Anglo-French justise, from Latin justitia, from justus
Date: 12th century
1 a: the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments b: judge c: the administration of law ; especially : the establishment or determination of rights according to the rules of law or equity
2 a: the quality of being just, impartial, or fair b (1): the principle or ideal of just dealing or right action (2): conformity to this principle or ideal : righteousness c: the quality of conforming to law
3: conformity to truth, fact, or reason : correctness
Charlie on June 22 at 4:18 p.m.
Book em Danno!
spokelooneh on June 22 at 4:25 p.m.
/Pumps fist in air.
Ninch on June 22 at 4:31 p.m.
Rocky should have been fired decades ago when he and his cop buddies would not drop their vendetta against the Gypsies because Rocky lost every single appeal clear to State Supreme court when the Spokane Police violated 4th amendment rights (Cops did not have a search warrant.) That Rocky is now involved in defending the nondefendable in the Zehm MURDER case by blaming the victim goes way beyond the pale. Why are so many in collusion with these criminals who work for the Spokane Police Department? Are they scared or do they just have no moral compass?… because the law is pretty clear.
Spokane_PI on June 22 at 4:36 p.m.
If it wasnt for the video we would still not know the truth! Hmmm wonder why the spokane PD and SO dont have video in their patrol cars?
FrankSennett on June 22 at 4:44 p.m.
The city’s statements against Zehm amount to a metaphorical defiling of his grave. Where is the moral leadership from the mayor’s office? Everyone is entitled to a vigorous defense, but the smearing of this innocent dead man is simply an outrage.
The federal indictment appears to be the last chance to show that the SPD and its various official apologists and enablers are actually subject to the rule of law.
Here’s to the faint glimmer of hope that justice might actually be served in this case.
George_Sands on June 22 at 4:58 p.m.
““I’m going to have to wait until their investigation is complete or I’m going to look pretty stupid,” Tucker said at the time.”
delete all before the word “or”.
This is not an indictment against Thompson, its an indictment against the entire mentality of the Spokane Police Department.
The other officers whose contributory actions should also be indicted.
Duchow on June 22 at 5:02 p.m.
What about the “two young women” who “erroneously reported to police that Zehm had stolen their money”. Was that a prank…. or just some bullying? I can’t believe they are totally innocent.
kdmas58 on June 22 at 6:55 p.m.
I’m with you Duchow. These two girls are just as responsible. If the police had never come, Zehm wouldn’t be dead now. Their action played a major roll in how this all played out. Were they ever charged with falsifying a report? Or anything?
lewis8457 on June 22 at 8:04 p.m.
The city has pie on its face now. This news comes right after they excused Otto of causing his own death. It has turned the whole thing around thank god! Now it it is not the citizens saying we want action now it is the SPD asking for pity, Fat Chance!
Time to run Steve Tucker out of town on a donkey.
Gregor_Samsa on June 22 at 8:18 p.m.
Tucker’s statement is spineless. You sleep with pigs don’t whine about the mud now, Steve. You’re through in Spokane Co. My crappy former divorce lawyer could beat you next election.
alaska49 on June 22 at 8:56 p.m.
Time to rid Tucker, the Chief & the rest of the Spokane rift raft.
1960 on June 22 at 9:52 p.m.
Lets hope the Federal System can`t be perverted like the local one and we actually get some justice for this case.
peterhbca on June 23 at 5:58 a.m.
Finally Boss Hog and her banjo playing cops are getting the shaft. Hope you like sausage with your breakfast!
eagleproducer on June 23 at 10:05 a.m.
In addition to Tucker facing election, Rocky is up for “re-election” to the school board this November where he is the current president. I repeat, he is the current president. How do parents of children attending public school feel about having an attorney who employs such twisted logic overseeing the education of their brood? I’m pretty sure, like most board members, he was initially appointed and has enjoyed the benefits of incumbency since. That can be remedied this fall.
I also believe Rocky was responsible for the short position the city experienced in the Riverpark Square fiasco. Yet he is still around, putting our tax dollars in untenable positions.
How many administrations has he survived at city hall?
whitewater509 on June 23 at 1:42 p.m.
This is a disgrace! The citizens of this town need to unite and start running these people out of town. There must be a system of checks and balances in place to hold people accountable. What about the cover up in the shonto pete trial? The 911 recording magically dissapeared, imagine that. Tucker is always out at the bars, fast eddies or red lion bbq, we should start calling the cops as soon as he gets in his car to drive home, I’m sure he is above .08 most of the time. Once the word gets out that you better not be crooked in this town or you will held accountable things will change quickly!!
kristiankaren on June 23 at 6:37 p.m.
Boss Hog LOL that is a great one for Kirpatrick!!!!! ” I’m going to walk alongside anyone who will let me and say, ‘Let’s go this way, y’all.’ ” Where did we get this fool ???? She needs to go back to where ever she came from.As far as Tucker and Rocky they both need to move on out of Dodge. Unfortunately Mary Verner has her head in the sand as she doesn’t believe there is a problem here??? Honey, the Feds don’t get involved unless there IS A PROBLEM!!!! In YOUR CITY!!!! Wake up…………. You are part of the problem when you close your eyes to all of this crap. Wake up this is no dream IT IS A NIGHTMARE!!!! And you are part of the problem Mary Verner. I say we need to SCRAP them ALL and start all over. I hope this fool gets what is coming to him. The 1st time a cop has been indited???? It should of happened in many other cases also. The problem is NO ACCOUNTABILITY!!!!
kristiankaren on June 23 at 6:42 p.m.
Lets hear it for Bob Apple!!!! He is the only one that I can see that is not corrup and has the balls to speak up about this!!!!! We need more Bob Apples in this city!!!
Idahoan on June 23 at 8:45 p.m.
This is an outrage, but then again if you have anger management issues what better place to work for than the Police Department. Let’s all hope that the Zehm family gets their justice to hold Officer Thompson accountable for his actions as the citizens of Spokane are held accountable for theirs.
zelda on June 23 at 10:28 p.m.
I can’t get this out of my head. Everytime I watch Chief Kirkpatrick on TV, she reminds me of Edith Prickley from SCTV. But at least she’s not from LAPD. Does Simi Valley have a direct pipeline to Spokane?
Bob_Knows on June 25 at 10:30 a.m.
Where is the indictment of the other 6 murderers who were also part of the killing?
Do you really believe that there were 2 women who reported fiction about Zehm? Do you believe anything that a blue suit gun thug ever says? SCOTUS has warned the people that NOTHING they ever says can be believed. Lying is their every day job.
Most people erroneously believe that blue suited thugs are necessary for peace and security. In truth they are the enemies of the people. They were invented only about a century ago when corrupt politicians hired gangs of gun thugs to control and terrorize people who once were free men.
When they aren’t out on the highway robbing drivers to feed the treasury of the corrupt political scum, they are attacking and killing the people. We don’t need them. We don’t want them. And we would all be a lot better off if the lot of them were ridden out of town on a rail.
jenny on June 29 at 4:21 p.m.
Lots of good comments and all in support of accountability as far as the police department and the judges and the prosecutors and the policemen are concerned. We can’t condone these people who are breaking the law. And they are getting away with it. Is a policeman or woman encouraged to lie or do they just do that to get away with breaking the law? They who break the law are thugs, and when they get away with it that makes it twenty times as bad. It’s corruption at its’ finest. I am glad that the federal investigators are getting involved. They are more in tune with what is right. Hope the results are favorable and the justice comes back to the city of Spokane. This corruption needs to stop. What makes people think they can pull the wool over people’s eyes and get away with it all the time?
jenny on June 29 at 4:27 p.m.
And another thing, it doesn’t matter how long a policeman has been on the force. That does not give him any reason for breaking the law. The law is there to prevent chaos and now that the policemen and judge and prosecutors in question are being exposed, I am hoping that justice will step in and take over and those responsible for lying and covering up witll be made to tell the truth. I like what Chief Gus said and what a lot of people have said about this article. It shows that the citizens are asking for accountability. Now the federal investigators will have to take care of the problem since the ones in charge are falling short of their duties. Why put a person on paid leave when they mess up. That is wrong. They are getting rewarded for their wrong doing. It doesn’t make sense.
Gimple on September 29 at 6:02 a.m.
The absolute fact of the matter is that the SPD ARE above the law. It has taken almost FOUR YEARS to get these despicable individuals to a courtroom. And the absolutely weakest prosecution possible will follow, along with the usual acquittal, back pay and probably a medal or two along with “high fives” all around.
Liberty_Bell on January 31 at 5:58 a.m.
Isn’t it amazing Steve Tucker, soon to learn how to read, that United States Codebook!
18 USC 241 and or 242 “under color of law”, always confuses those wearing the white hoods!
Or did President Grants Ku Klux Act of 1871, still kofuse the kounty kangaroo kourt?