March 16, 2010 in City

Doug Clark: Off-duty ruling’s a real cop-out

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They don’t call it “March Madness” for nothing.

Oh, yeah. And the basketball scene is pretty nuts, too.

I mean, are you kidding me? I can’t believe the Zags have to shuffle off to the other side of the country and then play as a No. 8 seed. Honestly. When I first heard the Zags’ name associated with Buffalo, I didn’t think it had anything to do with the state of New York.

I figured Mark Few had brokered some savvy sort of deal to get free wings for his team.

But getting back to today’s topic, the real March insanity for me took place late last week in a courtroom.

A federal judge ruled that the city was off the hook for any civil penalties regarding former Spokane cop Jay Olsen’s boozed-up shooting of Shonto Pete three years ago.

You remember. Olsen took his concealed weapon into Dempsey’s Brass Rail, where he pounded down a few.

Then later, after leaving the bar, Olsen claimed he saw Pete trying to steal his truck and gave chase. (Pete was later acquitted of that crime.) The wee-hours rundown erupted in violence near Peaceful Valley, when Olsen pulled out the aforementioned gat and plugged the unarmed Pete in the head.

On Friday, Judge Edward F. Shea agreed with a city lawyer’s argument that since Olsen never identified himself as a police officer, you can’t tie his off-duty gunplay to the department.

So Olsen is just a besotted heat-packing civilian fool.

“I have great sympathy for Mr. Pete and the grievous wrong that Mr. Olsen did to him,” stated Judge Shea, in our news report. “Nevertheless I grant the city’s motion. … Mr. Olsen was not acting under the color of law.”

This is why people get so apoplectic about our so-called justice system.

It was barely a year ago that Olsen was tried and found not guilty in the Pete shooting.

I had the misfortune of sitting through part of that dog and phony show. And I distinctly recall that a major theme of the defense Scheme Team was that Olsen action’s clearly showed that HE WAS A COP!

Of course poor Jay didn’t identify himself or call for backup, it was argued. He was too afraid the department would discover he was gay.

Personally, I don’t care if our police engage in homosexuality, polygamy or macramé. Just don’t shoot, Tase, club or hogtie the innocent citizens.

I remember one expert witness in the Olsen trial testifying how all that wonderful cop training made the shooting absolutely justified.

And the sheeple sitting on the jury bought this Spokaloo soap opera. When the verdict came down, Olsen’s brother officers pumped their fists with gleeful camaraderie.

Well, maybe that’s what they were doing. I always suspected that the gesticulating was really the officers getting ready to launch themselves into a spirited rendition of that timeless disco hit “YMCA.”

On a side note, I almost recorded a parody song to that famed Village People tune.

Here’s the first verse:

Drunk cop. He’s out lookin’ for fun.

He’s a drunk cop. Took his off-duty gun,

Into a gay bar. Now he’s out on the run,

Through the streets of down-town Spokane.

You better duck your head it’s SPD-Jay.

Or you’ll get hit with lead from SPD-Jay. …

You get the idea.

Hey, I realize Pete is an unhappy victim right now.

Shea’s ruling means he can only go after Olsen for the $38,000 he said he owes in medical and legal bills. And Olsen’s pockets are apparently none too deep, according to the man’s attorney.

But that’s the wrong way of looking at this.

Pete needs to forget all the talk about money and litigation and think back to that chilly night in February 2007.

Sure what happened was a travesty. No matter what any judge or jury rules, to me this will always be a clear case of a rotten cop behaving badly.

But had Olsen’s aim been a little less shaky, well, Pete wouldn’t have any bills to worry about.

Keep smiling, Shonto. You’re a lot luckier than you think.

All together now:

SPD-Jaaaayyyy …

Doug Clark is a columnist for The Spokesman-Review. He can be reached at (509) 459-5432 or by e-mail at dougc@spokesman.com.

Eight comments on this story so far. Add yours!

• 

  CharlesBillford on March 16 at 1:07 a.m.

  Since the bullets were the property of the City of Spokane, the city should reimburse Pete for his damages.

• 

  cowboy on March 16 at 9:28 a.m.

  Olsen called the guild first thing that night when any normal person would have been calling 911. How is it not on the cities shoulders, since the guild gave him instructions? Like waiting 3 days before taking a breath test.

  Why can’t Pete get any justice? It is hard for me to believe I could be walking down the street get shot in the head and have NO recourse.

  Pete sue Brass rail for serving a cop while he was carrying. Sue the police guild giving aid, in an attempted homicide. Have your lawyers ride the feds to bring Olsen in for carrying a gun while drunk. Sue Olsen for everything he has, even his boy toys.

  good luck

  Doug yes he is alive thankfully but he is saddled with bills of no fault of his own. How about starting a fund for Pete I would be willing to throw in a few hundred bucks.

• 

  Orange on March 17 at 6:29 a.m.

  Both Olsen and Pete are losers. The city isn’t responsible for their officers conduct when off duty, using city equipment or not. Olsen got what he deserved, fired. No it’s not a cop out Doug. And don’t compare these two idiots to the Zags unless you’re speaking of the Bulldogs chances of being one and done in Buffalo. Same amount of chances Pete had at trying to hold the city responsible for their off-duty drunk officer.
  Is this paper responsible for your actions while you’re away from work? NO!

• 

  cowboy on March 17 at 9:09 a.m.

  Two losers? Boy Orange you are a righteous fellow aren’t you? Would it make more sense to you if the man shot in the head was high wage earner with a pocket full of cash, does that make him more of a human in your book? I cant help but think if you were the one trying to get justice in a crooked town you would feel different about the situation.

  we need a new police chief why don’t you apply? i think we could really use a loser like you in charge of our murderous cops.

• 

  BitofBacon on March 17 at 10:03 a.m.

  Boy, for someone who calls himself cowboy you sure whine a lot.

• 

  Anne_Observer on March 18 at 1:45 p.m.

  I have a question about this that I haven’t seen answered in any of the articles I have read:

  The cop was off-duty. Yet he was carrying a concealed handgun in a place where alcohol is served. My understanding is that this is illegal, even if you are an off-duty cop and even if you have a concealed weapons permit.

  Some years ago the state changed the law to exclude places where alcohol is served, and I am not aware of any exemption for off-duty police. (And the excuse I have heard before that police are “on duty 24 hours a day” won’t wash, either.)

  So why isn’t Olson up on firearms charges?

• 

  Orange on March 18 at 8:11 p.m.

  Very true Anne. Cowboy, rightous or not I would never put myself in that situation. If that makes me rightous, then on my high horse I’ll go. If a high wage earner puts himself in that situation, then shame on him. Doesn’t matter the class of person as it does with you.

• 

  Orange on March 23 at 5:51 p.m.

  Man, it was two and done. I thought my Orange would have to teach ‘em where the big boys play. :)