Spokane7
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October 8, 2010 in City
Police shooting scene examined again
Spokane man pleads not guilty to assault charge
A Spokane man shot by sheriff’s deputies two weeks ago pleaded not guilty to a single assault charge this week as investigators examined his medical records and searched the shooting scene for the second time.
Sean P. Houlihan, 37, is charged with first-degree assault after a friend said he fired a gun at him on Sept. 16 during an argument in the basement of Houlihan’s home at 909 E. Brentwood Drive.
Sheriff’s deputies David Westlake and Thad Schultz fired several shots at Houlihan, striking him twice, after he returned to the home in his Dodge pickup.
Sheriff Ozzie Knezovich said last week that Westlake has always said Houlihan fired no shots but Schultz believed Houlihan did fire shots. Investigators have said Houlihan faces two additional assault charges related to the confrontation with Schultz and Westlake, but prosecutors have not filed them.
“They are telling me the investigation is ongoing,” Houlihan’s lawyer, Robert Schiffner, said Wednesday. “But I suspect if they had hard evidence they would have charged him yesterday.”
Houlihan pleaded not guilty Tuesday to a single count of first-degree assault. He’s out of jail on $75,000 bond.
Lester J. Doyle, who had argued with Houlihan earlier in the night, said the deputies were in the doorway of the home when they twice ordered Houlihan to put his hands in the air.
Doyle heard three shots but doesn’t believe they came from the deputies “because (Doyle) was looking at the deputies when he heard the shots,” according to a search warrant.
Doyle, 33, said he heard Houlihan say “Oh, I’m hit. I’m down. I’m not doing anything,” according to the warrant, which was used to examine the shooting scene again Monday.
Investigators already recovered a .40-caliber handgun from the street near where Houlihan fell. They recovered a .40-caliber casing from the bed of the truck but have found no other casings. The state crime lab already has several bullets and fragments that were found next to the truck and in the truck.
“Immediately after Houlihan was shot, the deputies and medics repeatedly walked through the area where Houlihan was lying,” according to the warrant. “Casings from rounds fired by Houlihan could have easily been stepped on and forced deep into the grass or into the ground.”
Investigators recovered two bullets from the scene Monday.
On Wednesday, they obtained a search warrant for Houlihan’s medical records at Providence Sacred Heart Medical Center.
Washington State Patrol Detective Ryan Spangler, the lead investigator, wrote that he was hoping to establish “Houlihan’s position in reference to the Deputies at the time he was shot as it related to the injuries he received.”
Houlihan’s trial is scheduled to begin Dec. 27, but Schiffner said it likely will be postponed.
“I doubt that the crime lab will have completed its tests by then,” he said.
Human trafficking suspects released 
hawken on October 08 at 7:47 a.m.
There are conflicting reports from the deputies as to whether or not Houlihan fired at the deputies. One says he did, the other says he did not.
There is no evidence to date, of a Houlihan bullet being found in the house. The deputies were standing in the doorway of the house when the shot was allegedly fired at them by Houlihan. I’m not sure how one misses a house when standing in their driveway.
There was poor crime scene management on behalf of the Sheriff’s Department.
If no evidence surfaces “proving” that Houlihan fired his gun at the deputies, Houlihan should not be charged on this count.
As I commented this morning on the Creach shooting, these deputies could likewise NOT be prosecuted and convicted beyond a reasonable doubt for excessive force, endangerment or assault with a deadly weapon…. unless additional evidence to the contrary surfaces in the days ahead.
Also, as I commented on the Creash shooting this morning….Police officers involved in a questionable shooting will always get the benefit of the doubt when a citizen has a weapon in their possession, legal or not.
And, as I said in my comments this morning relating to the Creach shooting….. “As many of you know, I am demonstrably NOT one who automatically supports police behavior.”
Presumably, we will learn more in the days ahead.
Orphan on October 08 at 10:08 a.m.
Shell casings can only be ejected a short distance and in a small area so someone with a metal detector would quickly find any casings that were stepped on in the grass.
Hawkin I usually agree with you but Law Enforcement Officers are legally held to a higher standard than us regular folks. The DA should be quicker to file charges against LE than regular folks but the dont, there in lies the problem.
hawken on October 08 at 10:22 a.m.
Orphan:
I agree with you that law enforcement officers should be held to a higher standard, as a matter of internal police policy, their law enforcement assignments, their personal behavior on and off duty. No question.
On the other hand, as I am troubled concerning each of the three, recent, police shootings, police officers do not forfeit their personal rights concerning the rules of evidence, reasonable doubt and due process….. just because they are police officers.
When there is conflict between the two standards above, the community needs to speak out,,,, loudly.
Ed Byrnes on October 08 at 12:35 p.m.
As a member of the community I am saying that LE should be treated the same as us citizens, and apparently they are not. This is why I continue advocating for a citizen review process, because LE, prosecutors and the courts are failing to deliver equal treatment. LE has the same rights and should also be subject to the same accountability as citizens.