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March 12, 2010 in City
Spokane removed from Shonto Pete lawsuit
A federal judge ruled this morning that the city of Spokane will not be on the hook if a civil suit proceeds against former Spokane Police Officer James “Jay” Olsen, who shot Shonto Pete in the head during a drunken chase in February 2007.
Federal judge Edward F. Shea ruled in favor of a motion brought by Assistant City Attorney Ellen O’Hara seeking to sever the city from the case. O’Hara argued that Olsen was off duty at the time and never identified himself as a police officer during the Feb. 26, 2007, chase that ended with Olsen shooting Pete in the head.
“I have great sympathy for Mr. Pete and the grievous wrong that Mr. Olsen did to him,” Shea said. “Nevertheless, I grant the city’s motion … Mr. Olsen was not acting under the color of law.”
In December 2009, Pete filed a $750,000 claim against the city, citing a violation of his civil rights. A jury acquitted Pete, 30, of criminal charges that he stole Olsen’s truck. And a year ago, a Spokane jury acquitted Olsen of first-degree assault and reckless endangerment in connection to the shooting.
Pete said today that he must consult with his Seattle and Chicago civil attorneys before deciding to appeal Shea’s ruling. If it stands, it means that Pete can only seek monetary penalties from Olsen in any future civil proceedings.
“I think it’s just another blow, not just to me but to the citizens of Spokane,” Pete said. “Justice is really hard to get.”
Olsen, 46, did not comment after the hearing. His attorney, Rob Cossey, said the former police officer “doesn’t have much” to go after as part of the ongoing litigation.
He quit the force last April before Chief Anne Kirkpatrick could decide whether to fire him for his actions. As a result of his acquittal, the city had to pay Olsen $153,000 for the time he was placed on unpaid layoff status following his arrest.
Pete said he’s got about $20,000 in medical bills and $18,000 in attorney fees he must pay. The only money Pete said he’s received is a $10.12 check for testifying as a witness at his own trial.
“I’m stuck with $38,000 in bills over a drunken man’s rage with a gun shooting up a town. My life is more important than money, but (the bills) make life harder,” he said. “It’s his fault … and he gets all the reward.”
Closing Geiger: Wise or worrisome? 
misjustice on March 12 at 11:10 a.m.
Mr. “I have a secret” Olsen’s intent was for Mr. Pete to die on that neighborhood hillside…had Olsen been successful, we’d never have known what a rouge cop he was.
Mr. Pete deserves to recover damages so that he can pay his medical bills, I hope he can get a judgment or an offer of a settlement from Olsen.
Hopefully, Mr. “I have a secret” Olsen will never be permitted to work as a police officer again. His extremely poor judgment that night while drunk and off duty, and his attempted murder of an unarmed citizen, should mark him as “unfit for police duty, forever.” Maybe he can be an unarmed Mall Cop and earn enough money to pay Mr. Pete’s medical bills.
Best of luck to you, Mr. Pete.
idanative55 on March 12 at 11:59 a.m.
If this had been an ordinary citizen, he would have been in prison by now for shooting Mr. Pete. But as we all know if you are a Spokane law officer you are above the law. Every article i have read about an officer involved shooting in Spokane the officer or officers are always exonerated of any wrong doing. Shows you how corrupt the system is, from the judges on down.If you want to shoot someone and get away with it, become a Spokane law officer.
west on March 12 at 12:19 p.m.
The ‘good ole boys network’. It is huge, all gov officials from courts on down to city administrators are part of this corrupt clique.
CharlesBillford on March 12 at 1:05 p.m.
During the hearing, it was brought out that the bullets in Olsens firearm belonged to the City of Spokane. The same bullets that hit Pete in the back of the head.
The city’s attorney argued that Olsen was not operating under the color of law, but as a drunk gay cop whom was trying to hide who he was and therefore not performing as a policeman.
The Judge stated in his comments that Pete was in Olsens truck. No evidence to that fact was at either criminal trial. The judge was “loony” on that point.
The City argued that Olsens resignation letter was administrative and not evidenced at either criminal trial and therefore was of no value, however the Judge referred to it in his comments.
The judge should have allowed it to go forward to a jury to determine the dismissal merits. While very apolgetic towards Mr. Pete, the judge did ramble about several non-significant facts.
The question is. Was Olsen a bad cop acting as a civilian in his manner..or was Olsen a bad citizen acting as a cop? Either was a cop is a cop 24/7. Olsen portrayed him self as a cop ordering Pete to get on the ground, pursuing him with a weapon loaded with the Cities bullets. He followed his “police” training.
Both sides presented good arguments, however Justice cant be argued for Shonto Pete and the judge should have focused on that instead of a drunk rogue cop.
spokanada on March 12 at 2:01 p.m.
This is great press for Spokane. Near Nature, Near Corruption!
MrNatural on March 12 at 3:34 p.m.
I still can’t wrap my mind around the concept that a person can chase someone through the city…shoot at them…hit them and get acquitted. I can’t fathom any possible reason why this is not a crime.
Marie on March 12 at 4:28 p.m.
It’s the jury system and the law in Washington that says that it’s self defense if you think you’re in danger. It doesn’t matter that someone else might think that you weren’t really in danger, it’s what you think. It’s strange but true.
D Statler on March 12 at 6:47 p.m.
WHAT A JOKE ! I thought the Feds were above this corruption. It just goes to show they all function together.The system,the whole system and nothing but the system. The Judges allow this behavior in their courtrooms.They are suppose to make sure we get fair trials.Who was the judge during this trial? Could it have been Michael let anything go on his courtroom Price? Maybe Terry victims of the perfect storm Eitzen? The list goes on and on.I am saddened by the behavior of our judges in Spokane.Hiding behind the robe of the law is no excuse to do the wrong thing.Common sense and decentsy seem to be far and in between in Spokane County.Apparently the Federal justice that ruled on this came from Spokane too.No the city may not have fired the gun.They did however, fail to collect their bullits from a drunken officer.Who paid for Olsen’s defense? I hope it didn’t come from my tax dollars !
liarsinnews on March 12 at 8:07 p.m.
Its not the first time Federal Judge Shea showed the citizens that the justice system is broken. Shea, presided over the River Park Square scandal and ruled in favor of Attorney Siddoway/city. Shea said during the trial, the people responsible should have to pay. Ya, Judge Shea. I sure don`t know what you meant. You speak with forked tongue.