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February 17, 2010 in City
Spokane prosecutor says firing ‘a management decision’
Deputy Prosecutor David Stevens said he was fired Feb. 17 by Spokane County Prosecutor Steve Tucker. Stevens previously announced he would run against Tucker in the August primary.
(Full-size photo)
Spokane County Prosecutor Steve Tucker fired one of his election rivals Wednesday in a move his opponent immediately labeled political retaliation.
Tucker met with Deputy Prosecutor Dave Stevens early in the day and gave him a choice of remaining on unpaid leave until the August 17 primary election or termination, after Stevens announced earlier this month his intention to challenge Tucker. Stevens chose termination, Tucker said.
“It was a management decision,” Tucker said. “To work effectively, we have to have a unified team. Unfortunately, when (Stevens) decided to run, he went back during work time and started making statements about who he would fire and about replacing the entire management team.”
When Stevens, 47, announced his candidacy, he described the office as suffering from a “total lack of leadership” and having an “absent administrator.”
“The phone was ringing off the hook,” Tucker said of other deputy prosecutors who feared for their job security. “The environment got so bad it was hard for us to serve the public in the property-drug unit.”
But Stevens, in a news release, said he would pursue a grievance process through his union in an attempt to save his job, which pays $86,000 a year.
“This appalling outcome simply reinforces why so many in our community are frustrated with the prosecutor’s office,” Stevens said in the news release. “This poor decision isn’t going to deter or alter our campaign in any way. I plan to continue focusing on Spokane County’s important issues and availing myself to be out listening to the public’s concerns at every possible opportunity.”
Tucker denied Stevens’ dismissal was political retribution, but he also has questioned the job security of subordinates seeking to challenge him in the election. Earlier this month, Tucker said the public shouldn’t be paying for employees to replace their boss.
“Deputy prosecutors have a high level of authority and discretion,” Tucker said. “They are not constitutionally protected when they run against their boss in the prosecutor’s office.”
Also on Wednesday, longtime attorney Frank Malone announced his bid to unseat Tucker. Malone, 67, will run as a Democrat against Tucker and Stevens, who are both Republicans.
Asked about the firing, Malone said he would have handled it differently than Tucker did. He said he spoke to someone with knowledge of the labor contract, who said that it provides for progressive discipline.
“I believe that’s the way to go with an employee who runs afoul with the system. Whether running against you is running afoul, I don’t know,” Malone said. “But absent a serious ethical violation, I’d be into rehabilitating rather than firing.”
Tucker said budget cuts forced him to lose seven deputy prosecutors this year, which has put a strain on the entire office.
As a result of Stevens’ dismissal, Tucker said he hired one attorney to handle cases in Spokane County District Court. Deputy Prosecutor Andi Duggan will get Stevens’ caseload, and another attorney will handle Duggan’s cases in the property-drug unit.
That deputy prosecutor is Tom Treppiedi, the son of Spokane Assistant City Attorney Rocky Treppiedi, who also serves on the board of Spokane Public Schools.
Stevens said the public will suffer because of Tucker’s decision.
“Justice isn’t being served by benching the one person who has done the homework and put in the required time on my assigned cases,” he said.
Closing Geiger: Wise or worrisome? 
Orange on February 17 at 11:26 a.m.
I knew this was going to happen. This is like Grant County’s prosecutor race all over again. But better. Attorneys, they’re so very….. hmmm have to think of the perfect word.
PS: Tucker, a hint, you may be the problem with the prosecutors office. Ever think of that?
Why isn’t Sweetser coming back?
Scoutster on February 17 at 11:35 a.m.
What were the grounds for dismissal, I wonder. Are we all now exposed to a major suit because Tucker is too immature to handle dissent?
maynard on February 17 at 11:45 a.m.
I also knew this was going to happen. What a sour player you are. I wonder if our County Commissioners can do anything about this….
Tucker you are done for!!! Pack your bags because “YOUR FIRED”
TrueGOP on February 17 at 11:52 a.m.
Tucker is such an absent minded individual. Does he not realize that this decision of his just proved to Spokane County that David Stevens was correct.
Well Mr. Tucker, you will be fired this year. Hope you have a good retirement package in place.
We the people, will make sure you have more time at the golf course and the bars.
misjustice on February 17 at 11:59 a.m.
Tucker, Tucker
Rymes with …..
towerfam05 on February 17 at 12:05 p.m.
Like Tucker, or hate him…..an county employee cannot walk around the place of employment vocally bashing their boss. Can you, at your place of work? That is why he was fired.
lagrimas on February 17 at 12:14 p.m.
The lawyer that was fired displayed poor judgement in “bad mouthing” his boss. What do you think was going to happen.? I am not a big lawyer fan but whoever wants Sweetzer to come back is asking for a bigger problem then what we have currently. Asking for the “Raceway Park” commissioners to do something is also a little far a field. Just vote for whichever lawyer you want come the election. Looks like there will be a selection to choose from unlike Judges races that usually are unopposed unless it is a vacant spot. Never have figured that one out other then the local lawyers have some klind of keep away clause in their working in Spokane.
MrNatural on February 17 at 1:11 p.m.
William Shakespeare
Henry The Sixth, Part 2 Act 4, scene 2, 71-78
The immortal words of Dick the Butcher
Gregman on February 17 at 1:14 p.m.
It doesn’t seem right that a person should be fired for speaking out against your publicly elected official, even if they are in charge of the department you work for. Someone mentioned that anyone would be fired for speaking out against your boss. I don’t see this as relevant as Tucker was elected into a position that Stevens voted for, whether for Tucker or not. Tucker, in an statement reported on 2/5, said that the public shouldn’t pay for Stevens to run for an election. It was noted that Tucker quit to run for office. I also do not see this as relevant as I have never quit my job when seeking a promotion. Anyways, the public is paying Stevens to do his job as a deputy prosecuter who happens to be running for an election, not the other way around. In conclusion, I am not voting for Tucker.
spokanesausage on February 17 at 1:32 p.m.
Of course he was fired. Why don’t you go up to your boss, bad mouth him, call him absent administrator and see what happens. Just because one works for government or is an elected official, doesn’t mean you don’t follow common workplace practices or face appropriate punishment.
I’ll vote for you Stevens, but don’t play a victim to hard or it might bite you.
Gregman on February 17 at 1:48 p.m.
Tucker admitted that this is “obviously” connected to Steven’s bid for his job. There was no bad mouthing going on, this is one candidate slinging mud at another. It’s supposed to happen. Tucker just got his feelings hurt, that’s all…all good prosecutors are sensitive that way.
CONCERNEDREADER on February 17 at 1:53 p.m.
I agree, whether you like Tucker or not, whether you chose to vote for Tucker or not, you cant pubically or even in the office, bad mouth your boss. As an attorney, if I did that to my boss in our private law firm, I would probably be fired as well. Can you imagine the conflicts and taking sides and issues it would create internally at the prosecutor’s office if that kind of behavior were allowed. Had Stevens simply pubically announced his running against Tucker, left it at that, and ran his campaign on his own time, he would not have been fired and if he had been fired for simply announcing that he was running for Tuckers position, then he would have grounds and more to stand on in an appeal of his termination and grievance process he now faces.
PlanB on February 17 at 2:14 p.m.
Tucker is an elected official, and it is not only the right of an employee to point out gross mismanagement, but their duty. And Stevens is in a better position to know that than most people, although I guess in this case Tucker’s negligence of duty is pretty well known.
Tucker was elected to do a job which certainly does not include firing anyone because of personal vengeance. Stevens did the right thing, and Tucker is a turd who hopefully will be fired by the electorate.
Crumulent on February 17 at 2:21 p.m.
What a boob.
Sponge on February 17 at 2:41 p.m.
This city is all sorts of jacked up!
eagleproducer on February 17 at 3:18 p.m.
Bosses that won’t tolerate criticism of their performance from subordinates are tyrannical rulers who forge loyalty through intimidation and desire subservience instead of professionalism.
Tucker didn’t resign either time he ran for re-election, so trotting out the excuse about campaigning on the public dime is not only a weak excuse for acting like a spoiled urchin, but hypocrisy at its height.
In my business, I hire people who will challenge me and not simply bow low automatons before the salary sword.
eagleproducer on February 17 at 3:19 p.m.
low=like?
Gregman on February 17 at 3:26 p.m.
ConcernedReader, I will trust you are an attorney, but you are missing the point here. These prosecutors (as well as public defenders) have a legal obligation to do their job, which is represent their client, to the best of their abilities despite how they personally feel about the case. Tucker and Stevens are more than capable, if not expected, to continue to do their jobs without being effected by office “issues” and “taking sides”. In fact, they get paid because people have issues and they take sides for a living; they cannot escape that. What Tucker did was ethically incorrect. He saw his future opponent and decided that he would try to disable his efforts by removing an income stream. I am sure Stevens is financially fine, but this vale won’t hide the true intention of his release.
Albert on February 17 at 4:31 p.m.
Good ole Tuck…cluck, cluck, cluck;
Always absent without leave
Yet has a skillful plan up his sleeve;
Never to worry about the common folk;
Be sure to fire ole Davie the friendly Bloke
And run again with the union vote
But then again there is some hope;
Come November when we vote
That the winner will be the friendly Bloke.
Won’t that be the ultimate joke?
Liberty_Bell on February 17 at 6:12 p.m.
Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us?
Mr. JusticeWilliam O. Douglas
“management decision?”
Would thet be like the Pierce County Prosecutors Management Decision, that was actually political, for about 3 million at the Washington State Appelate Court?
I suppose Mrs. Corey, didn’t clean out the County Treasurer’s Office either!
“We hold these truths to be self evident…Thomas Jefferson.
Or was Oath of Office, also confusing in Marbury v. Madsion to Tippie Canoe, and Tucker too!
Shylock13 on February 17 at 6:17 p.m.
The incumbent Spokane County Prosecutor, Steve Tucker, has to be voted out of office. Apart from his maltreatment of David Stevens, he has not done his job! How many accused persons have had their cases dismissed by a judge because of the incompetence of Tucker. Check it out!
Ron_the_Cop on February 17 at 6:18 p.m.
Actually I think it was Doug Clark, bless his soul, said it best when it comes to Mr. Tucker in a recent column:
Now you don’t see the prosecutor, now you do
http://www.spokesman.com/stories/2010/feb/09/now-you-dont-see-the-prosecutor-now-you-do/
Of course I have my own professional issues with Mr. Tucker in that he did NOTHING in the Savage Manslaughter Case which I’m ashamed to say our local law enforcement community turned a blind eye to:
RPS fraud & new Idaho lawsuit & Cover up of manslaughter death of Jo Savage in RPS garage
http://friendsofmarkfuhrman.org/blog/?p=176
I’m definitely not voting for Mr. Tucker. He needs to go to jail in my opinion for not doing what he’s sworn to do on behalf of the citizens of Spokane County. On the other hand from what I’ve learned from my sources I’m not really that thrilled about Mr. Stevens either.
My question to Mr. Tucker is why he didn’t compel a complete and thorough criminal investigation into the death of Jo Savage that would have followed the evidence where ever it would lead before rendering his opinion that there was “insufficient evidence” to file criminal charges in here death? Kind of like “don’t asked - don’t tell.” This case was set up to fail.
These barriers were failing on average of one to three per year in the ten years leading up to her death. Ms. Savage only hit the barrier which failed at 3 to 5 MPH. It could have been anyone of our loved ones who feel to their death that day. The owners knew of this hazard and did nothing to mediate this hazard. This is no different that the legal reasoning in the Station Bar file in Providence, RI, in which the owners were convicted of manslaughter which much less culpability.
Mr. Tucker by his IN ACTION buried this case from public view and scrutiny. This case warranted a complete and thorough criminal investigation, a criminal complaint should have been filed and let a jury decide the guilt or innocence of the owners of the garage not Mr. Tucker. The people were precluded from hearing the very damning evidence in this case. All law enforcement agencies involved including the WA State AG all threw the ball around the bases but no one did the investigation that should have been done in this case.
Det. Ron Wright (Retired)
Liberty_Bell on February 17 at 6:20 p.m.
Chief Justice Marshall, still confusing the Spokane Politician called Prosecutor Tucker, in Spokane 197 years later?
I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States.
Why does a judge swear to discharge his duties agreeably to the Constitution of the United States if that Constitution forms no rule for his government? if it is closed upon him and cannot be inspected by him?
If such be the real state of things, this is worse than solemn mockery. To prescribe or to take this oath becomes equally a crime.
It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned, and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank.
Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument.
The rule must be discharged.
fisher2469 on February 17 at 6:30 p.m.
Sad this story gets the most comments. There is a world out there…turn on BBC and forget the local media and the headline news of temper tantrums.
Liberty_Bell on February 17 at 7:15 p.m.
It’s always sad when you elect an imbecile,
Just like Mr. Justice Holmes wrote
“Three generations od imbeciles are enough.”
Spokane_PI on February 17 at 10:01 p.m.
Its funny that CONCERNEDREADER claims to be an attorney. I guess he either slept through or was absent when they taught oh what was that pesky constitutional amendment??…. oh yea the 1st one! Freedom of Speech! Heard of it? I guess you loose that right if your boss is an elected official???
The citizens will be Damn lucky if Mr. Stevens doesnt sue the county for this obvious and tyrannical violation of Mr. Stevens civil rights.
ChefGus/ John Olsen on February 17 at 11:39 p.m.
It is incumbent on the citizens of Spokane to get an effective prosecutor in office to preclude repeats of the travesties ( in my opinion) of such cases as Shonto Pete and Officer Olsen, and the Otto Zehm case ( which had to be taken over by the feds) and the more recent DUI with the slick bait and switch done with the agreeved party. Perhaps the whole prosecutor’s office needs to be looked at by our County Commistioners when they come back from the Race Track… john
Ron_the_Cop on February 17 at 11:50 p.m.
LOL ChefGus. Unfortunately while they do have budget control, the County Prosecutor who is elected runs the show. In the case of Mr. Tucker that would be a NO SHOW:-)
Dazzeetrader11 on February 18 at 1:50 a.m.
Tucker has signed his own dismissal papers. He’s done a terrible job….and he’s not around enough to know how to manage his department. He needs to resign. Stevens might not be the right guy for the job but the larger problem is Tucker himself. He hasn’t perform properly since he’s been in office. Seems befuddled by the law and by his own department.
He won’t do well in practice either. He’s an ex cop who caves to whatever the guild tells him to do…sorta like the mayor. Time for both to go.
HankTingler on February 18 at 4:05 a.m.
“management decision”
Doing your job would be a management decision.
Firing Stevens is a personal retribution decision.
twobit on February 18 at 4:29 a.m.
Tucker just didn’t want Stevens to be a absent prosecutor like he is all the buddy golf and partying oh those luncheons they call them because campaigning can take a lot away from doing the job at hand
Liberty_Bell on February 18 at 6:48 a.m.
Case Law Could only Confuse, Tucker, especially from last month, when your too busy at the golf course, with your nose up some ones…
How did this Tucker getelected in the first place?
You should actually study someone before you punch that ballot, or your Treasurers office might get punched, like this fired prosecutor for 3 million?
Court of Appeals Division I
State of Washington
Opinion Information Sheet
Docket Number: 62505-5
Title of Case: Pierce County, Et Al., Apps. vs. Barbara Corey, Resp.
File Date: 01/25/2010
SOURCE OF APPEAL
–––––-
Appeal from King County Superior Court
Docket No: 06-2-14647-6
Judgment or order under review
Date filed: 09/24/2008
Judge signing: Honorable Bruce Heller
JUDGES
––
Authored by Marlin Appelwick
Concurring: Ronald Cox
Stephen J Dwyer
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
BARBARA COREY, Individually,
) No. 62505-5-I
Respondent and Cross Appellant, ) (consolidated with
) No. 62801-1-I)
v. )
) DIVISION ONE
PIERCE COUNTY; PIERCE COUNTY )
PROSECUTING ATTORNEY’S OFFICE; ) PUBLISHED OPINION
GERALD A. HORNE; and JOHN DOES 1-
10, )
)
Appellant and Cross Respondent. FILED: January 25, 2010
)
)
)
)
Appelwick, J. — Pierce County appeals a jury verdict in favor of Corey on
claims of wrongful termination, defamation, false light, outrage, and negligent
dissemination of unsubstantiated information. The County asserts that Corey
was an at will employee, that no cause of action exists for negligent
dissemination of unsubstantiated information, and that the evidence does not
support the intentional tort claims. Pierce County also challenges the exclusion
of disparaging evidence about Corey. Corey cross claims the denial of her
motion for attorney fees as untimely. We agree that no cause of action lies for
negligent dissemination of unsubstantiated information. However, striking that
cause of action will not affect the judgment. We affirm in all other respects.
FACTS
No. 62505-5-I/2
Plaintiff Barbara Corey worked for the Pierce County Prosecuting
Attorney’s Office (PCPA) for 20 years…
Liberty_Bell on February 18 at 6:52 a.m.
And in the above mentioned case?
John Does 1-10?
That one is just to confuse the voter, with Chief of the Imbeciles, the Elected One.
Ron_the_Cop on February 18 at 9:19 a.m.
See my related comments over at Community Comment:
… Then there is Mr. Tucker that surfaces to fire Mr. Stevens but can’t investigate his way out of a paper bag and decided there was “insufficient evidence” to file criminal charges in the Savage death without compelling a complete and thorough criminal investigation. See my snipe over in the other thread.
http://www.spokesman.com/blogs/commcomm/2010/feb/17/bulldog-bulldog-our-midst/#c119487
BTW there is another thread in a newer version of this story:
http://www.spokesman.com/stories/2010/feb/18/prosecutor-challenger-fired/
nspacek on February 18 at 4:48 p.m.
Having some inside knowledge of this situation it is comical to read the comments. First off, like Tucker or not Stevens has been causing problems before his announcement to run. This was simply a last straw scenario that is only getting any press now because of our one sided; drag anyone they chose through the mud paper. I am assuming the people commenting on this actually have lived in this town for awhile and therefore have seen this paper try to control our town with their personal fodder. Tucker has been given a job to do and had half of the tools he needs to do his job taken away. Anyone ever work for a company like that? Did the work get done right? Did you do what you could with what you had left and get asked why the job wasn’t done? So on top of all that you have a whining, sniveling, prima donna causing problems with the rest of your people. Your damn right you fired the problem at hand!
nspacek on February 18 at 5:15 p.m.
Oh and Ron the cop you need to drop the drove off the parking garage thing. Stupidity was already rewarded with 1.6 million!!! That’s why our insurance is through the roof. If you have to be protected from mashing the accelerator down and seeing how hard you can hit the brick wall there is nothing anyone can do for you!
Marie on February 18 at 9:05 p.m.
So, Liberty Bell, are you saying that you favor mandatory sterilization of developmentally delayed people? That’s what Justice Holmes was approving when he wrote that statement. Just asking….
angus2253 on February 18 at 10:01 p.m.
Maybe barry hobama, maybe christine quagmire, but probably nobody ever associated in any fashion with any system, socially or private is as stupid or ditzy as ronnie the policeperson. Give up ronnie “dude”.
angus2253 on February 18 at 10:09 p.m.
Hey ronnie, if you have a drivers license you shouldn’t have trouble in the parking garage……little bit of personal responsibility, you know. I’m glad you and your wife won’t be parking there anymore……both you and he are lawsuits waiting to happen.
Ron_the_Cop on February 18 at 10:46 p.m.
Nspacek,
Ok I’ve been in the bus for thirty-five years. Twenty as a detective with five in high tech and economic crimes.
Believe what you want. Ms Savage hit the barrier wall at about 3MPH. This wasn’t a case of her hitting the gas peddle. There was no damage to the front bumper and the headlights were still intact.
These barriers were failing on average of one to three per year since 1990. Two other cars hit the barriers and hung on the undercarriages.
The owners knew this for fifteen years and did nothing. This is no different than the Providence, RI, bar fire. The owners of the bar were successfully prosecuted for manslaughter. The culpability of the owners of the parking garage is far more egregious than the bar owners.
Sorry to bust your bubble but these are the facts. The S-R unfortunately has not told you the whole story. Tucker buried this case so the public would not know all of the very damaging evidence.
Det. Ron Wright (Retired)
CalJones on February 19 at 10:58 p.m.
I want Tucker gone, and I really like Stevens. Time for me to click the donate button on the stevens site - www.electdavestevens.com
BRIANBLACKBEAR on February 24 at 1:41 a.m.
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twobit on February 24 at 9:35 a.m.
wont be voting for either much better people are stepping up to the plate watch out spokane cops your done no more good ol boy stuff get back to doing your job as a public servant
aeguy on February 24 at 1:43 p.m.
I am writing this post from Iraq, I know that if I bad mouthed my boss, or started questing him, not only could I get someone kileed by causing an “office” uprising, but I alone could be jailed. Steven’s just got fired.