Spokane7
61°
December 19, 2010 in City
Recent police shootings raise notion of inquests
Nearly four months after their father was shot to death by a deputy sheriff in Spokane Valley, sons of Wayne Scott Creach are still looking for answers.
Police detectives investigating the case told them in September to stop calling. They haven’t heard from prosecutors reviewing the circumstances surrounding the fatal Aug. 25 shooting. The deputy involved, Brian Hirzel, remains on desk duty until a decision is made about whether the shooting was justified.
Like many who have lost friends or loved ones to police shootings, the Creach family has become skeptical of the thoroughness of police investigations into fellow police officers. Sons of the 74-year-old pastor and business owner have hired a private investigator to look into that night, in which their father armed himself to check on a suspicious sedan in the parking lot of his nursery business. The sedan was an unmarked patrol car driven by Hirzel.
“We had claims of a baton strike and no evidence of a baton strike. We had questions that were not being answered,” Ernie Creach said. “So it was up to us to go find those answers. That’s why we went down this road.”
In some states, and many cities nationwide, questions like those would be explored in a coroner’s inquest, a quasi-legal hearing in which jurors evaluate the circumstances surrounding a specific death. States such as Montana and Nevada require the inquests in all fatal police shootings and other in-custody deaths.
But medical examiners in Spokane County have avoided them, and county commissioners have largely steered clear of the issue even though Prosecutor Steve Tucker publicly called for greater use of inquests in 2006 after the fatal Spokane police confrontation with Otto Zehm, the unarmed, mentally ill janitor mistakenly identified as a theft suspect. The last inquest conducted here was 29 years ago.
Washington law allows coroners and medical examiners to conduct inquests to determine the cause and circumstances surrounding a person’s death. While the inquests originated more than 1,000 years ago as a simple search for clues as to why someone died, they have been used most recently as a check and balance against law enforcement agencies investigating themselves.
“We had a protocol that we worked up, but we haven’t met on it for a while,” Tucker said last October. “We were actually looking at putting that in place.”
Tucker said Medical Examiner Dr. Sally Aiken was reluctant to use the process, but he was encouraged about the subsequent hiring of Dr. John Howard, who had presided over coroner inquests as recently as 2005 in Pierce County.
But Howard, who alternates with Aiken each year as medical examiner, said he would only support holding coroner inquests on rare occasions.
“If there is a compelling, specific reason that allows the inquest to gather information if there is no other way to get to it, maybe there is a good reason. Short of that, Dr. Aiken and I don’t see the need or the purpose for doing one,” Howard said.
Spokane attorney Breean Beggs for years has advocated for inquests.
“I think it would be helpful in this town because there is so much controversy about whether the investigations are objective or biased,” Beggs said. “Even if (police officials) are doing a good job investigating themselves, people wonder. Everyone has the goal that the public has greater confidence in the process.”
Spokane police Ombudsman Tim Burns said he plans to look into the issue of medical examiner’s inquests.
“To me, anytime you can have somebody with that skill set take a more critical look at those things, it would make sense,” Burns said.
He said the inquest process makes sense from a “best practices” standpoint because it provides additional checks and balances.
“I don’t have necessarily the authority to make it happen, but it’s certainly one of those things we’re interested in looking at,” he said.
Howard said medical examiners have used science and technology to determine causes of death and discounted any need for more public access to the process.
“Modern death investigation has evolved since the year 900, and there are means of scientifically answering these questions with a high degree of certainty that makes the inquest antiquated and unnecessary, and most places around the country don’t hold them,” Howard said.
Besides, if the public wants to know how someone died, they can simply go get a copy of someone’s death certificate, he said.
But Ernie Creach said the information provided by Howard on the death certificate is minimal and doesn’t explain many questions the family has.
“The reality is we see this as a murder,” Creach said. “The thing that frustrates us, the family and the whole community is that the police department and the sheriff’s department would have that same understanding if the investigation had been done right.”
Former Spokane County Prosecutor Don Brockett was involved the last time the county held an inquest, in 1981. He said in an earlier interview that the point of the proceeding, which allows six jurors to hear testimony about the medical evidence and testimony from witnesses, is to allow the public to view the total investigation.
“By showing all the facts and circumstances surrounding the manner of death, then the public can make up their minds themselves,” Brockett said. “Otherwise, you set up a situation where the public begins to believe that police are totally different than us in terms of having accountability for their actions.”
Ernie Creach said he would be leery of having any paid county employee conduct a coroner inquest, but he supports the idea of such hearings. “Any organization that is going to try to find the truth, I’m all for it.”
Tucker, who did not return phone messages over a period of weeks seeking comment for this story, has yet to make a charging decision in the Creach case. Alan Creach said Tucker promised to brief the family prior to a public announcement on charges. As of last week, that meeting had not taken place.
But even if Tucker – who hasn’t spoken to the medical examiners about inquests since 2007 – asked for a coroner inquest in the Creach case, Howard, the medical examiner, said he would be reluctant.
“I would certainly challenge (Tucker) about why he is interested in this particular case and what information does he think the inquest would provide that he doesn’t already have,” Howard said.
He’d also oppose any ordinance in Spokane County calling for coroner inquests for certain deaths, if county commissioners took that action.
“I would challenge the law, because it is at odds with state law,” Howard said. “If everybody wants to change state law to make some sort of inquest mandatory, go ahead.”
Spokane County Commission Chairman Mark Richard said he’s interested in exploring the idea of inquests further “to see if it has potential to add value to the judicial process or value to the public in terms of how they look at their local government. I certainly agree that at some point the public reaches a certain level of concern, and it’s valuable to give them more information.”
But he stopped short of saying Howard should call an inquest in the Creach case, which occurred in Richard’s district, or that the county should make them a common practice.
“I don’t think we can spend a bunch of money to build a process just to deliver some preliminary message to the community,” Richard said. “The judicial system has to play itself out.”
Richard was critical, though, of the time it has taken Tucker to make a charging decision, and suggested that the solution may be sending cases like Creach’s to outside agencies.
“Bottom line,” Richard said, “I think it comes down to Steve taking action on the case.”
Staff writer Meghann M. Cuniff contributed to this report.
Doney’s sentence upheld 
ChefGus/ John Olsen on December 19 at 3:38 a.m.
Frank Malone for Prosecutor , well we tried hard .
Thank you Mr Clouse for your very illuminating and widely researched piece. It clearly points to the heart of the problem. Simple solution to assuage the angst of the public, and public officials are intransigent.
“Peace and Justice” in this County remains “Just Us”…… not the “Community of Other” . Keep after them please. John Olsen
Spokane_Citizen on December 19 at 7:16 a.m.
The article, as ChefGus aptly points out in his comment above, does indeed well identify the problem; there’s a complete lack of concern by officials regarding the public’s comfort with the findings of professionals charged with such investigations.
While I’m sure that the findings are very often quite correct, and justice rendered, aren’t there plenty of examples of various governmental (as well as corporate) entities demanding that the public fully grant such trust….and ‘lo and behold’, it turns out the trust was not deserved? It is very ‘American’ to distrust ‘authority’ and the relatively minor cost of conducting inquests for complex and controversial cases would do a lot to demonstrate that an equitable system is in place to those ‘who pay the freight’.
God knows, we pay a lot of money to fund far more frivolous things (such as county racetracks) than maintaining the public’s trust in matters of justice.
liarsinnews on December 19 at 7:20 a.m.
Well said, Dennis.
lewis8457 on December 19 at 7:39 a.m.
Richard said. “The judicial system has to play itself out.”
it doesn’t do anything if the system is fixed to allow the police to side step the justice system since they are the ones filling out the report.
The fact Richard doesn’t think a inquest will be a information tool suggests he could care less too.
Scott Creach was murdered and as long as the police can kill at will with no action from Tucker, we are all sunk.
misjustice on December 19 at 7:57 a.m.
I’m all for inquests; as long as there is molten lead.
Look, we all know that as far as Tucker is concerned the cops actions are always justified. And all he has to do as “Prosecutor” is to refuse to prosecute. Nothing to see here folks, now please move along.
bszottlinger on December 19 at 10:08 a.m.
Thank you Mr. Wasson, Mr. Clouse, and Ms. Cuniff.
This is an excellent piece and I am sure we will see more on this issue. I have long been an advocate for developing some method for investigating OIS in Spokane that will provide some sort of transparency and a system of checks and balances, which would allow the press and the public access to the inner workings of the investigative process.
http://www.spokesman.com/stories/2010/nov/09/knife-closed-after-seattle-cops-fatal-shooting-car/
I would like to point out just a few things regarding the use of the inquest proceeding. Its use is not limited to jurisdictions in the northwest. The process is used throughout the nation. As I have noted in posts linked above setting up the use of an inquest as standard practice in OISs is a simple process if and only if the County Commission is willing to except the responsibility they have been charged with to insure law enforcement is doing the job that is expected of them.
Although the Prosecutor, Sheriff, Police Chief, and ME would be key players in helping to incorporate, an inquest proceeding into the Critical Incident Protocol, doing so is entirely the responsibility of the County Commission. It will be interesting to see whether those three elected officials truly do want transparency and honestly are willing to take the steps necessary to begin the process of instilling public confidence. I also think it is important to understand that the unions would not have any basis what so ever for blocking any aspect of incorporating the inquest proceeding into an OIS investigation. Chief Kirkpatrick and the City of Spokane would have no standing to block any aspect of the implementation process and could not successfully block their employees from the subpoena requirements of the inquest. That is not to say they should not be involved in helping to establish a legitimate process.
The concept of using an advocate for the family (which is not used throughout the nation) is in my mind very important to prevent the law enforcement authorities from entirely controlling and or manipulating the inquest. The advocate should have input regarding who and what is subpoenaed and have the authority to question witnesses and evidence.
(Continued)
bszottlinger on December 19 at 10:08 a.m.
(continued from above)
I am aware that there has been some discussion within local leadership regarding the implementation of the inquest proceeding that has been met with what one would expect from individuals not interested in transparency. The typical position is, we do a great job now, to costly, to time consuming, what will the unions say, it could hurt the criminal case, I am understaffed and under budgeted so I can’t take this on, just to name a few.
Some of the responses or for that matter non-response in the article are very telling.
Although Mr. Burns may be a nice fellow it is obvious to me, and has been from the get go, that his position is worthless and a waste of money. Mr. Burns in his position as a City Ombudsman has no authority or control over county government. He can recommend all he wants and whatever he wants, but no one in authority has to pay any attention to it. The position of Dr Hall and Dr. Aiken is obvious; they do not want the bother, but it is not up to them. Just to clarify for Commissioner Richard, the inquest proceeding is not an aspect of the “judicial process” it is an important aspect of the “investigative process” and allows for the transparency the public seeks.
Misjustice is right to a certain extent; the ultimate decision for charging or not charging is still with Mr. Tucker, but Justy would not it be nice to know the evidence he used to make his decision? Why do you think he did not respond to the folks that did this piece it has been in the works for some time? If the County Commission took the bull by the horns, and do what they should, Mr. Tucker would have not be able to prevent it from happening, he could decide not to participate in the inquest process but he couldn’t stop it from going forward.
Commissioner Richard, we have our hopes up, let us see if you and your counter parts have what it takes.
Thanks again SR good piece!
Brad Szottlinger
PlanB on December 19 at 10:29 a.m.
A coroners inquest won’t do much if the coroner doesn’t take it seriously. Someone should check the ducting in local government offices to see what is being pumped in that makes officials so unconcerned about public safety and truth.
zelda on December 19 at 10:31 a.m.
Somebody should dig up (no pun intended) the circumstances surrounding Spokane’s last coroner’s inquest in 1981. As I recall, it involved the death of the fire chief and the family suspected he was poisoned by his wife. The family didn’t believe the initial cause-of-death finding (natural causes).
From what I remember, the outcome of the inquest didn’t change the finding or result in charges against the wife.
misjustice on December 19 at 10:42 a.m.
Brad asks, “Justy would not it be nice to know the evidence he used to make his decision?”
Yes, it would. And I would support an inquest proceeding but as we know, all of this discussion will be for naught [other than serving as a vent for anger and frustration] because we are not the decision makers.
The County Commissioners may/or may not seek a “study”, the Prosecutor may/or may not dust off the protocol that got pigeonholed, the ME may/or may not support the process [depending on the rotation of that office], the Ombudsman [which holds very little power] may/or may not look into it as a means of establishing “best practices”, Howard would only support it in rare occasions due to state law…and so it goes.
bszottlinger on December 19 at 11:07 a.m.
Zelda:
Good idea. The question would be did that inquest inform the public as to the circumstances surrounding the death. Did it also call attention to the law enforcement investigation of the death? Did it assist the prosecutor in making the decision regarding charging in that it allowed the prosecutor to get a feel for how a criminal jury might perceive the testimony and evidence at a criminal trial? How was it covered by the media or was it at all? It would be interesting.
Justy:
Thank you for the correction regarding Dr. Howard not Dr. Hall (Senior moment I was thinking of another ME). I hope you are wrong. The onus is on the County Commissioners and no one else, in the end it is up to them.
SpokyDaBear on December 19 at 11:07 a.m.
It really doesn’t matter. The police here love to shoot people. Before they go out, they are always “loaded for bear.”
misjustice on December 19 at 12:04 p.m.
@ Brad; I hope that I am wrong also…
I know that Ed has been researching public review boards and is supposed to be submitting an op-ed piece to the SR in the near future. I look forward to reading his suggestions.
Ron_the_Cop on December 19 at 12:15 p.m.
Meghann,
Great article. Stay on this story. What we are all talking about is bringing transparency in OIS investigations. We are told - “we are the professionals, we know what we’re doing and we have thoroughly investigated/reviewed these cases.”
I know prying eyes from the outside is unnerving for LE system professionals but it is a fact of life when you live in a fish bowl. You might as well get used to it. The Jedi wave off that’s there’s nothing here doesn’t fly well when there is some shred of truth/evidence that these officer involved deaths are not thoroughly reviewed. Chief example is the Otto Zehm case. Steve Tucker should have questioned the work product of the investigators as the federal prosecutors are now doing.
Whether these shootings/death were justifiable homicides is an important matter, the greater need is for the Inter Affairs review/investigation to determine if these deaths were in line with police policy, procedure, practice and training. This plays a crucial role in mitigating future civil damage awards that the taxpayers are saddled with paying.
The key factor is whether police policy, practice and training need to be changed to prevent further/lessen the occurrence of future tragic deaths. Simple - learn from your mistakes/errors. As I’ve said before some of the deaths have aspects of suicide by cop. As a society it’s unfair for society to heap the blame on the police when we fail to provide access to mental health care for those having life time and or acute mental health issues.
These are the bigger issues that need to be reviewed/addressed. The tendency for secrecy in this review process does no one any good.
My biases definitely lie with the police rank/file. Having said that I would like more information re the OIS involving the rock knife. Perhaps the officer was presented with a no win solution. As for the Creach OIS having read the 700 page redacted report, the ME Report, and viewed the autopsy photos/crime scene photos, in my professional opinion the report as handed off to the County Prosecutor was incomplete, flawed and perhaps compromised with many issues left unaddressed and or unanswered.
Based on Dep. Hirzel’s statements and the forensics I would want to do further investigation to close these gaps and to clarify/corroborate Dep. Hirzel’s statements before I handed of this case for a criminal review. And most assuredly during the IA review.
In no way do I wish to be dismissive of the Creach OIS investigators but perhaps because of lack of experience and especially political pressure, this investigation appears to have been rushed. The KREM2 Report of the “Cage Fight” ( http://tinyurl.com/2585xj4 ) suggests this rushing to hand off the Creach case had more to do with meeting the political agenda of Steve Tucker than actually seeking the truth in this OIS.
My inquiries have not always been welcomed with open arms by those in police leadership. I’ve been openly criticized as making “wild speculation” when I seek accountability of law enforcement administration. Why?
See my latest blog post:
Spokane PD blocks incoming emails as spam
http://tinyurl.com/2d94rks
While others may not see this it as I do, I see this as very chilling action of public officials to limit their accountability to WE THE PEOPLE who empower them to govern.
Det. Ron Wright (Retired)
Riverside PD, CA (Now residing in Spokane by CHOICE)
misjustice on December 19 at 12:39 p.m.
@ Ron; for me, the “cage fight” was more telling than anything that leadership [ Annie or Ozzie] has communicated through their mouthpieces.
zelda on December 19 at 12:40 p.m.
@bszottlinger - There was loads of news coverage of the 1981 inquest. It was a big story at the time because there was the sensational “black widow” aspect to the death. As to your questions, I don’t recall that it illuminated the public overly much about investigation methods. I thought the medical analysis could have been taken a step or two further. What the case did do is bring to light some sad details about alcoholism and drug abuse affecting two families. My own personal opinion is that the families found it difficult to accept what most likely had happened to their fathers. The wife/stepmother bore some blame but not to a criminal extent.
Also, in 1981, there was another Spokane newspaper, the Daily Chronicle. It also was owned by the Cowles but it competed to some degree with the S-R. The Chronicle was the evening paper and had a separate team of reporters. There were TV reporters covering the case as well. It was a riveting real-life court-room drama, second only to the Kevin Coe trial in that period.
If there should be an inquest into Creach’s death, it would be similar to the 1981 inquest in that in both cases the push to have an inquest is/was driven by the families.
bszottlinger on December 19 at 12:52 p.m.
Two other things;
Dr. Howard is in error; state law is not at odds with Spokane County implementing an inquest proceeding requirement. Dr. Howard (who I might add established his inquest reluctance while in Pierce County) could challenge it all he wants, it is not up to him it is up to the Commissioners for whom he works. Nevertheless, he does make his position clear once again does he not? I think it is important not to be fooled by administrators who simply want to maintain the status quo and do not want any more responsibility.
It is interesting to note from this article, as I have pointed out in the past, the Pierce County Prosecutor has his own investigators who investigate OISs for his office independent of the police investigation, and Dr. Clark relies heavily on them to provide information in determining cause and manner (Yes, yes, I know but it is interesting).
bszottlinger on December 19 at 12:57 p.m.
Zelda:
That is interesting. I wonder what the prosecutor in that matter would think of using an inquest to demonstrate transparency.
bszottlinger on December 19 at 1:02 p.m.
Zelda:
If it was Donald Brocket, I guess he has expressed his position. Someone should talk to him
Ron_the_Cop on December 19 at 1:09 p.m.
Tom,
Got my story threads mixed up. This is a great article too. Keep on this story.
Misjustice,
Yes, the Cage Fight was an eye opener for me. I also filed a PDR for these emails like KREM2 did:-) Definitely worth a read re seeking the truth in this investigation.
Ron
greenlibertarian on December 19 at 1:29 p.m.
CYA is the penultimate modus operandi of all Spokane law enforcement players, beat cop thru County Prosecutor, as is obvious to anyone paying attention, let alone criminal defense attorneys.
You would need to eliminate and replace at least half the players to make a difference, and that ain’t going to happen.
bszottlinger on December 19 at 1:53 p.m.
Ron:
I cannot help but believe that the rank and file would welcome a system that the public as a whole was confident in. I believe in my heart that most of the rank and file know how the mishandling of the Zehm case and now Creach has put them in a poor position. It has also placed the officers involved in all of these incidents in a position where regardless of how justified they were, their leadership in order to protect their own public image, will not take the steps necessary to protect those that work for them.
Although you may feel you are totally dismissed by those not willing to except your legitimate criticism, let me assure you that your efforts are not unnoticed within local leadership. It amazes me that someone would contact your employer in an effort to shut you up, perhaps that has been successful for him in the past. However, any one with any sense could see that is not going to happen.
Zelda:
Do you have any names of people involved in the 1981 case?
I feel you are probably right the only way any inquest will take place in the recent cases is if a family is able to put enough pressure on, which given the current state of affairs appears very unlikely. The Creach family will have their day in court unless there is a settlement and from the looks of things, it will only serve to bring forth many issues, which have not been addressed and should have been addressed after the Zehm case.
The tactic of allowing the media coverage and subsequently the public interest to die down before making the decisions public, works, and people do forget until the next one. I really have to applaud the SR for keeping the issue in people’s minds especially those in leadership positions who I hope are beginning to understand that it is not going away so they had better do something.
misjustice on December 19 at 2:04 p.m.
‘…it is not going away so they had better do something.’
Or what, Brad? It’s not like anything will happen if “they” don’t.
We still don’t have Tucker’s decision on the Creach homicide; you know, the decision that he didn’t want to politicize by releasing prior to the election. And here it is almost two months after the election, and still no release…and there is not a damn thing that any of us can do about it. And Tucker knows it.
Ron_the_Cop on December 19 at 2:08 p.m.
Thx Brad,
I’m not going away. I will complete my report/analysis in the near future on the Creach OIS investigation where I find it was lacking and in need of more investigative work. I’ve been a little delayed in dealing with unrelated issues in filing PDRs for critical relevant information in shorting out in just with whom to file them and being short stopped by having my emails blocked.
zelda on December 19 at 2:14 p.m.
@bszottlinger — The fire chief’s name was Al O’Connor. His wife’s name was Linda. She had previously been married to a Spokane OB/GYN — Dr. Lipp — who also died under what some would call strange circumstances.
This was a long time ago and I may not have the facts precisely so, but from what I remember Al O’Connor died after consuming an entire bottle of Kahlua one evening. If I remember correctly, he became ill and bled out. It sounded to me like esophageal varices ruptured when he vomited (TMI, maybe, but that’s what probably happened). Some family members, however, had reason to believe that he was given something to drink earlier by his wife and they were suspicious.
I seem to recall that later (after the inquest concluded), Linda O’Connor was apprehended for trying to get an Rx she had forged filled at a South Hill pharmacy.
The only reference I could find to this case via a brief Google search was a link to Kevin Coe’s blog written from the Walla Walla State Pen. (Yuck.) He was using the case to illustrate some point he had against Don Brockett.
bszottlinger on December 19 at 2:58 p.m.
Justy:
At some point in Spokane, the voters, liberal, conservative, and independent will take notice. In the mean time, some steps are being taken including Dr. Byrne’s work. If you take note in the article part of the impetus in King County was the public concern, coupled with the willingness of organizations like the ACLU, and NAACP getting involved. Our good buddy Hawken and others will jump all over that but at some point liberals, conservatives, and independents like myself will come together for the common good. Let me point out that it is not necessary for a citizens review panel to be dependent in any way upon the government, it is only necessary that it has a high standard of credibility and gains acceptance from the media and the community. Although not an ideal setup, considerable investigative information can be obtained through PDRs, and if the review staffing is made up of unbiased people with the background and experience to investigate and review these matters than it becomes hard for elected officials to ignore the product they produce and make public. You see it all the time at the national level.
I like some of the things that the Center for Justice is doing and they have established credibility with the media and many segments of the public. Although I would like to see them utilized as a conduit for development, I also think it is important that a Citizens Review Panel is completely independent. The trick is finding the right people, developing the right structure, and demonstrating an unbiased credibility. The limited funding necessary for running the operation should not be a problem, it has not been in other areas, and you would be surprised how the business community is willing to help.
bszottlinger on December 19 at 3:00 p.m.
Thanks Zelda!
misjustice on December 19 at 3:30 p.m.
Brad, of course you are correct that many are working to effect change, I did not mean to imply that.
Liberty_Bell on December 19 at 3:42 p.m.
“I don’t think we can spend a bunch of money to build a process just to deliver some preliminary message to the community,” Richard said. “The judicial system has to play itself out.”
What a concept?
So a man shot on his own property, at night, by a trespassing deputy sheriff, does not require an inquest?
That Ku Klux Act of 1871, 42 USC 1983, is always more effective, at cleaning out the County Treasurers Office?
“That United States District Court, will play itself out, of course the 1st 2nd, 4th and 5th Amendments could only confuse a Spokane County employee too!
bszottlinger on December 19 at 3:46 p.m.
Zelda:
Wow! Interesting place this Spokane. I found this book it is quite interesting. I will keep looking for some press accounts.
http://books.google.com/books?id=ss4UWqEx0w0C&lpg=PA142&ots=RsOJj5zwdn&dq=Shanks%20Brockett%20Washington%20State%20%22Fire%20Chief%20O%20Connor%22&pg=PA142#v=onepage&q&f=false
zelda on December 19 at 4:45 p.m.
Wow, again. I had no idea a book like this existed. There is a gold mine of detail and much I didn’t know or remember about the case.
This was in the era of “celebrity coroners” such as Noguchi in LA, before the current CSI era and DNA analysis. The cases solved by some of these famous coroners created a high expectation that any coroner anywhere ought to be able to do an autopsy and instantly solve a complicated homicide. Similar expectations exist today because, after all, every crime scene is intact and perfectly preserved, right?
Reading this book excerpt now makes me realize that much of the good evidence in the O’Connor case was destroyed but even so, there was ample cause for suspicion. I remember when Dr. Lipp died there was much murmuring and whispering in certain circles that “something wasn’t right” about it. This town in so many ways is very small and interconnected. Everybody knows everyone to one degree or another.
As for press reports on this O’Connor inquest, you’d probably have to go to the public library. At least now you have the dates.
bszottlinger on December 19 at 5:02 p.m.
Zelda:
There is a whole bunch of press coverage I have found using Google news search and Lexis. I am going through it now and all I can say is it sure made the public aware.
bszottlinger on December 19 at 5:12 p.m.
If anyone truly has an interest, you can use the first link I provided for the book get the various names involved and use the following link to search for the story then read the archived stories. Check both the Spokane Daily Chronicle and the Spokesman Review.
http://news.google.com/archivesearch/advanced_search?ned=us&hl=en
Ron_the_Cop on December 19 at 5:12 p.m.
Brad and Zelda,
Of course don’t forget that NY bestseller by NYT Report Timothy Egan chronicling former Sheriff Tony Bamonte’s solving of the oldest open homicide in the US, “Breaking Blue”:
http://www.spokesmanreview.com/interactive/bookclub/reviews/staff_review.asp?RevID=24
This was a murder by a criminal gang inside Spokane PD that killed the night marshal of Newport in a butter heist in the mid 30’s. This is a period piece much like the movie “Chinatown” describing the Spokane of the mid 30’s:
http://www.spokesmanreview.com/interactive/bookclub/reviews/staff_review.asp?RevID=24
bszottlinger on December 19 at 5:17 p.m.
Are you getting a piece of the royalties or what? :) Just kidding I read it!
Liberty_Bell on December 19 at 5:20 p.m.
Quite the book on the Spokane PD, and associates at the Seattle PD, with a little kick including the Hoover FBI!
Looks like that U.S. Supreme Court, has it correct,
keep and bear, own and carry, unchanged since 1791!
Liberty_Bell on December 19 at 5:27 p.m.
Of course shooting your local police chief, has been a requirement of Washington State Law, for Generations!
http://blog.seattlepi.com/seattle911/archives/228064.asp
Bob_Knows on December 19 at 5:42 p.m.
We know how they all died. They were MURDERED!!!
What we need is Justice.
Ron_the_Cop on December 19 at 6:01 p.m.
Brad,
Nope but people should be aware of the seamy underside of “Spokane nice” that perhaps has changed little from the 30’s
misjustice on December 19 at 6:48 p.m.
Brad at 3:46
I had never read anything about that sorted tale…thanks for the link.
zelda on December 19 at 6:56 p.m.
Ron — Never fear. I have read Tim Egan’s book. Quite enlightening.
bszottlinger on December 19 at 7:46 p.m.
Speaking of enlightening, the press accounts of the 1981 inquest are just that. It is no wonder there is reluctance on the part of the leadership in Spokane to provide a transparent process like an inquest. In the 1981 inquest the O’Connor family as well as the police tried almost everything to get the case charged. When the inquest finally took place it, looks like the family was represented by Mark Vovos who apparently did have some input but was not able to question witnesses. This was a case of the O’Connor family and the cops verses the prosecutor. I am still searching and reading but enlightening to say the least. It is no wonder the SR did this piece, an inquest would provide the media with lots to write about and then we in turn would know. I am surprised that Donald Brockett who was the prosecutor at the time is an advocate of the inquest for OISs, looks like he took a lot of heat from the family, the cops and the press.
zelda on December 19 at 8:12 p.m.
Brad — I have more info about the case but don’t feel like it’s appropriate to post on these comments. It’s nothing you’d find in the news reports.Not earth-shattering but does shine a light into some dark corners. Let’s just say that Spokane is a tight little city, protective of certain people.
Ron_the_Cop on December 19 at 8:32 p.m.
Brad don’t get me started on old cases. Like Zelda not appropriate for this thread. Offline ask me about the Zuckor bldg arson/murder fire where Capt Hanna was killed fighting the fire. This is where our new STA Transit Plaza is now located.
bszottlinger on December 19 at 8:59 p.m.
You are both right. I just thought the inquest aspect was very interesting. Its there if people have an interest. I wonder what the Sheriff’s position would be regarding inquests; not long ago he signed up for this blog but hasn’t posted anything, perhaps waiting for the Creach news to hit, who knows.
Zelda, it ain’t no different from the places I’ve been.
Racingmom on December 20 at 9:16 a.m.
“Tucker, who did not return phone messages over a period of weeks seeking comment for this story, has yet to make a charging decision in the Creach case.”
Wow - did not return phone messages for WEEKS…. What a shock that is…..
brentandrews on December 20 at 9:35 a.m.
Excellent story. Touching a communal nerve judging by the comments. Stay on it, S-R jedis. “You’re our only hope, Obi-Wan Kenobi[s].” Whether this turns out to be murder or justifiable killing, the coverage will help disclose the truth.
My feeling is the comment about state law conflicting with a local inquest process is either hogwash or it exposes a terrible flaw in Washington law, which ought to be set right - in which case Dr. H has done a community service. Local governments have no higher obligation, than to look into killings with every tool necessary.
bszottlinger on December 20 at 11:01 a.m.
Brent Andrews:
It is complete “hogwash”.
bszottlinger on December 20 at 2:27 p.m.
Three and only three individuals have the power and authority to make a Coroners Inquest mandatory for Officer Involved Shootings and In Custody Deaths. They are the elected Board of County Commissioners.
The Medical Examiners and their staff are employees of Spokane County, and do not have the power or authority to mandate inquests or refuse to conduct an inquest.
Establishing a county ordinance mandating a Coroners Inquest in these situations is a relatively easy task. However, resistance to establishing such an ordinance and process despite the public outcry will come from, The Prosecutor, The Sheriff, The Police Chief, The Medical Examiner, and The City Council.
I would suggest that Spokane County use King County as a model and make the effort to contact King County Officials past and present, those Officials would explain how the ordinance and process works and would tell whoever was doing the contact that the initial resistance came from the same areas I listed above.
One of the reasons I would suggest using King County as a model is that their process and ordinance has resulted in a body of favorable case law.
My guess is that excuses will range from “King County’s Government is different because they have an elected King County Executive” to “ We just don’t have the money”, all of which are simply “hogwash”.
ChefGus/ John Olsen on December 20 at 7:49 p.m.
I simply repeat…..”Frank Malone for Prosecutor” Retired LtCol from the Air National Guard, and Masters in Business administration from EWU, and 30plus years of highly varied legal practice…. and the voters dumped him in the ditch… because the incomparable incumbent was supported by the Republicans…( although not recommended by the Republicans) Cindy Zapotocky and her crew of folks had the votes in their hands to change the course of Police oversight in this County… and felt Party Loyalty was more important that the good graces and safety of our community of other….. You DO get who your vote for…. best wishes Spokane County… best wishes… j
misjustice on December 20 at 9:46 p.m.
Chef, I voted for Mr. Malone and I think he would have been a darn good prosecutor. But I wonder if he would be able to bring transparency to an investigatory process that is so obviously broken, and on many levels?
I think this goes beyond the Prosecutor’s office. Way beyond.
Ron_the_Cop on December 20 at 10:09 p.m.
Misjustice,
You hit the nail on the head. You just don’t know how, “way beyond.”
bszottlinger on December 21 at 3:13 p.m.
The way I have it figured Mr. Tuckers has 11 years as a State Patrolman coupled with his time in the prosecutors office by 2015 he will be pretty close to 30 years worth of state pension. He doesn’t have to worry about a recall unless of course he really screws up, so he does not have to return calls from the SR nor does he have to have the least bit of concern about what the public thinks and he can just ride it out. On the other hand, he could take the position that he wants to use his last four years to disprove his critics and begin the process of making the system something he can honestly be proud of.
I’m one of these people that believes that at some point in everyone’s life there is an epiphany whether it is spiritual or a simple realization that in the end we are judged by what we have or have not done. I’m hoping his comes around soon. Then maybe I’ll have one of my own.
valleyman on December 21 at 3:16 p.m.
I get a kick out of your conspiracy theories Ron… How about you step up and stop hiding behind the “I’m a former police officer” bit and start letting folks know of these conspiracies and merely stop directing people to read your bloggings…
You’re no friend of law enforcement despite your continual pleadings to the contrary. Just because you claim to want to shine a light of justice on alleged misdeeds doesn’t make a crusader for what is right. Aligning yourself with Misjustice, Bob-Knows, and the rest of this blogging anti-law enforcement crowd doesn’t give the rest of us a lot of confidence in your fairness and impartiality.
If you don’t like the state of affairs here in Spokane, feel free to vote, run for office, or continue to speak out, just don’t act so surprised when people do the opposite of what you say is the right thing to do.
misjustice on December 21 at 3:52 p.m.
I’m not anti-law enforcement, valleygirl. I’m anti-no-outside- accountability-when-it-is-OBVIOUS-that-we-have-a-problem.
valleyman on December 21 at 4:32 p.m.
Obvious to whom? You? Your Cronies? I’m flattered to death that you need to demean me by name calling… You are a joke; it’s just too bad I don’t laugh out of humor when I read your posts…
bszottlinger on December 21 at 4:41 p.m.
So valleyman, all kidding aside, what do you think about the inquest idea?
Elkay on December 21 at 6:05 p.m.
@ valleyman,
Please, if you have time, read the complete link that bszottlinger alluded to here on this blog. It’s date/time is December 19th at 5:12 p.m.
It might make you as thoroughly disgusted as it did me, as well as truly digest the inquest idea. Something has to give when it comes to justice.
Elkay on December 21 at 6:10 p.m.
sorry … typo. Meant to say ” ‘digesting’ the inquest idea.”
valleyman on December 21 at 6:47 p.m.
Brad,
I think anytime you entrust one appointed official with the task of something of this magnitude you invite getting even less accomplished than with a police investigation.
Our MEs in Spokane County are appointed, not elected. I might support the idea of an inquest if there was accountability, but since there is not, I think the idea, while intriguing, is not practicable in Spokane County.
The issue isn’t the integrity of the investigation, it is one of the Prosecutor’s Office refusing to get off their golfing backsides and do their jobs. This is not only a disservice to the families of the decedents but also to the police officer’s who are waiting to be cleared.
I don’t have all the answers for sure, but I do know that putting a single appointed person in charge of investigations runs more inherent risk than benefit.
misjustice on December 21 at 7:10 p.m.
“The issue isn’t the integrity of the investigation, it is one of the Prosecutor’s Office refusing to get off their golfing backsides and do their jobs.”
A point that I can agree with; but I do believe that it will take more than one office, the Prosecutor’s, to address the problems associated with the way investigations into officer involved homicides are currently being done. Or not done, as the case may be.
Sorry I called you a girl, valleyman, I’m sure that there is nothing girlie about you; it was a juvenile impulse and I shouldn’t have done it. But you started it, by calling me anti-law enforcement…Sorry, forgive me?
; )
bszottlinger on December 21 at 9:57 p.m.
Valleyman:
The structure in Spokane County in my view could easily be set up similar to King County and other areas of the country, where inquests are mandatory for OISs and ICDs.
It does not eliminate the need for a quality investigative process by law enforcement; it only represents an aspect of the investigative process that allows for transparency, and 99.9% will demonstrate to the public that the officers were justified. Allowing for participation by someone representing the family would provide a forum for the family to get many of their questions answered once the law enforcement investigation is concluded. I suspect that in a vast majority of cases this would curtail costly civil litigation against the police department and the sheriff’s office.
The ultimate decision for charging an officer, regardless of the outcome of the inquest, is and always will be up to the prosecutor. The inquest does however allow the public to gain an understanding of the evidence available to the prosecutor. I would venture a guess that once the public was able see, hear, and read about the evidence they would as a whole agree with the decisions made.
I could go into length about how I feel this type of system would be advantageous for the public, the family, the officers involved, the prosecutor, and the Police/Sheriff/WSP Investigations, but I am not sure there is any interest.
Ron Sims, a Spokane product, who is a past King County Executive and is now a Deputy Secretary of Housing and Urban Development here in DC, or for that matter Gary Locke I’m sure would be happy to fill in the county commissioners on the advantages. I know Mr. Mielke has had contact with both in the past and each of them is very familiar with the process.
If I did not honestly feel it would be a benefit to the family, the public, and law enforcement I would not be advocating it.
Although, union contracts would have no bearing on the inquest process protections for the individual officers could easily be built into the system.
If I was an officer, involved in a righteous shooting I would want the very best of investigations and I would want the public to see the evidence and listen and learn as the evidence is tested. The inquest is NOT A TRIAL, it is an INVESTIGATIVE TOOL.
Just to clarify, Spokane County ME’s are employees of Spokane County, they are not elected nor appointed and work directly under the supervision of the County Commissioners.
If they feel they don’t have the time to run an inquest, there are a number of other options.
bszottlinger on December 21 at 10:14 p.m.
“I think anytime you entrust one appointed official with the task of something of this magnitude you invite getting even less accomplished than with a police investigation.”
Accomplishments can be measured in a number of different ways. One big accomplishment at this point would be to find a way to provide transparency and at the same time provide an understanding of the decisions making process which is now a task entrusted to ONE elected official.
bszottlinger on December 21 at 10:19 p.m.
On the lighter side…. we all get a bit daft on here at times don’t we?
· valleyman on December 21 at 3:01 p.m.
Hey Alfredo,
You realize your name is a sauce to be placed on noodles?
valleyman on December 22 at 3:15 p.m.
How can you call me daft to point out that Alfredo is a sauce to be placed on noodles? Am I wrong in that Alfredo is a sauce to be placed on noodles? Besides I was responding to him/her/it calling Hawken an “idiot.” Clearly raising the dialogue a notch or two there…
But I’m glad you are here to let me know when I act daftly…
bszottlinger on December 22 at 4:36 p.m.
I stated WE ALL get daft occasionally. Anyone with the ability to raise the dialogue a notch or two with Hawken deserves the utmost respect.
BTW,
Are you aware that Hawken is a type of rifle.
Elkay on December 22 at 5:15 p.m.
@ Brad,
No, I didn’t know that. And I’ll bet he’s proud of his heritage!
My last name is Squirt Gun. (TMI?) A tribe in the midwest.
Timtora on December 23 at 3:43 p.m.
Ron, maybe you can answer this since you seem to have some inside knowledge. I’ve followed this and watched as the SR has printed so many inaccuracies. Where did they get that the deputy killed a guy with a choke hold? As I understand it, the department looked into it and it never occurred. One of the media sources, I don’t recall who, even contact his old agency and got a copy of the report which said it never occurred - so where did the SR get this from. It’s false information like this that inflames the public and unnecessarily promotes a distrust of law enforcement.
bszottlinger on December 23 at 7:19 p.m.
Timtora:
Ron_the_Cop can fill you in with more detail, but it did happen and is mentioned in the 733-page SPD report. However, the SPD chose not to send the report regarding the previous death to the prosecutor, stating that it had no direct bearing on the Creach shooting. Here is a link below to a Palm Springs news report that is a bit troubling with respect to the information supplied or perhaps not supplied by Cathedral City Police Lt. Chuck Robinson to the Spokane Police Department.
http://www.kesq.com/news/25056848/detail.html#
Elkay on December 24 at 9:21 a.m.
This just keeps getting stranger and stranger.