Spokane7
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September 11, 2009 in City
Officer cleared by jury
Next, internal probe will address claims that he kicked suspect in face
A decorated, 15-year veteran of the Spokane Police Department was acquitted by a jury of charges that he kicked a handcuffed suspect in the face.
But Officer Rob Boothe, one of four master firearms instructors in the state, still faces an internal police investigation.
Police officers in the courtroom Thursday, outnumbering the jury four to one, withheld their applause until the six-person jury left the courtroom. Boothe, a martial arts expert who is the department’s lead use-of-force instructor, said he had no comment following the verdict. He wept as he hugged his wife and gathered congratulations from his supporters.
Earlier in the day, Boothe testified that he used strong language with suspect John Luna, 23, who led several officers on a car chase and foot pursuit on Sept. 5, 2008, that ended in the backyard of 3204 W. Hoffman Ave.
Boothe described how he caught Luna, tackled him over a fence and brought him into custody. Boothe said he shifted his feet as he was standing near Luna’s head but he never kicked him, contradicting testimony from Officers Erin Blessing and Shaidon Storch. “I did not commit assault against Mr. Luna,” Boothe said.
The special prosecutor hired by the city for the case, Dana Kelley, told the jury during his closing arguments that Boothe’s version of events didn’t match the evidence in the case or the testimony of Storch and Blessing. Both said they clearly saw Boothe kick Luna.
“One question you have to ask,” Kelley told the jury, “is why would (Storch and Blessing) come forward if they weren’t telling the truth. Send a clear message to law enforcement that regardless if it is a 23-year-old car thief or you or me, that this type of thuggish behavior will not be tolerated.”
Defense attorney Rob Cossey continually hinted at a possible motive for the officers’ testimony. Boothe testified that he trained both Blessing and Storch; as his instructor, Boothe had been critical of Storch’s performance.
“Police work is a very dangerous profession. I can be a hard trainer. They have to be physically ready for it and mentally ready for it,” he said. “Some people have trouble being told what to do.”
Cossey told jurors they didn’t have to know all the motivations behind the two officers’ testimony. “You have enough evidence to make a fair and just decision. Officer Boothe did not kick John Luna,” Cossey said. “Please don’t ruin this man’s career.”
Boothe has been on paid administrative leave since the incident.
Closing Geiger: Wise or worrisome? 
Lulubelle on September 11 at 8:49 a.m.
wonders if Officer Boothe’s testimony that he “shifted his feet as he was standing near Luna’s head but he never kicked him” is along the same lines as Idaho Senator Craig’s “wide stance” defense.
Did Luna’s face look like a “shift” or a “kick”?
I suppose this is just another case of “blame your neighbors, not your police force”……de ja vu all over again
steveeugster on September 11 at 9:27 a.m.
Here is another story about a Spokane police officer accused of using too much force.
No matter how these cases involving Spokane police officers are coming out, they are a sign there is a problem within the Spokane Police Department. It may be a problem of internal discipline, it may be a problem of poor direction, it may be a problem of a change in the internal and subtle ethics of the department. In any case, there is a problem.
Mayor Mary Verner should act to take control of this situation. That is what a “strong mayor” is supposed to do.
If the Mayor does not act, the Police Department, and the respect the people have to have for it will deteriorate. The police will not be as effective and the entire milieu of the community will suffer and become harsh and unforgiving.
A first step might be to encourage the Police Chief to stop parading around town in full police regalia. Such “battle-ready” demeanor is hardly in keeping with the office. For the police leader to go about town in such an amateur “show of force” is hardly in keeping with the standards of the community and the necessities of effective policing.
There is something more — In these cases the police officer may be vinidicated but there are other cases which will be brought and these will be against the city. These will be for damages for the officer’s use of excessive force. If the mayor does not act to rein in excessive force the city budget will suffer and suffer greatly. The mayor has to act.
lewis8457 on September 11 at 9:35 a.m.
It is sad but I expected this. I no longer can assume if an officer is on trial for anything he will be found quilty. Where do they get these juries? How can a person live here and not be aware the police are dangerous.
Dam it if one of them has to be found guilty to get our point across then let it be. If we have to have casualties we can do nothing about, then when one of theirs ends up in court he has to give one for the gipper.
eagleproducer on September 11 at 1:09 p.m.
I see Rob Cossey us up to his old tricks, again. Why doesn’t he just set up office at the police guild and get it over with?
He must be a better trial lawyer than he was as a “professor.” I remember taking Business Law from him at S.F.C.C. and his class was a freaking joke.
PlanB on September 11 at 3:14 p.m.
Two credible eye witnesses plus physical evidence, but still no conviction. Wow. I wonder how much the intimidation factor came into play with so many officers being in the courtroom.
The effectiveness and integrity of the SPD will continue to degrade unless the department does something meaningfull to clean itself up.