Spokane7
65°
October 16, 2010 in City
Decision on Creach shooting charges unlikely before election
Spokane County Prosecutor Steve Tucker is asking voters for another four years in office at the same time he is trying to decide whether to bring charges in a controversial police shooting that killed a local pastor.
Democratic challenger Frank Malone, 67, previously suggested that Tucker – a former Washington State Patrol trooper – turn over the decision about the Aug. 25 shooting of Wayne Scott Creach by a Spokane County sheriff’s deputy to a prosecutor from a different county.
“All he had to do was follow my advice. Give it to an independent prosecutor and get it out of his lap,” Malone said. “It was the right thing to do and the politically safe thing to do and he decided to mock me.”
Last month, Tucker replied to Malone’s suggestion by saying, “Until he gets elected, he’s just somebody talking.” Being a finalist in the November election “doesn’t give him standing to make any calls for my office.”
Tucker has said he wanted to make a charging decision in the Creach shooting before the Nov. 2 election. But he said this week it may not happen by then.
A charging decision “still might happen, but we are still waiting for one test result,” Tucker said. “We are going to do a thorough job.”
Tucker similarly was dealing with a controversial case involving a death caused by law enforcement during the 2006 election. That year, Tucker defeated Bob Caruso at a time when the Otto Zehm investigation was still active.
Tucker said in August 2006 that he would push for coroner’s inquests to get the public more information, faster, about controversial in-custody deaths. But after his landslide win, the county never held a single inquest because Tucker said Medical Examiner Dr. Sally Aiken wasn’t comfortable with the concept.
An inquest involves the coroner or medical examiner presiding over a hearing while attorneys present evidence. A six-person jury votes on whether to charge the officer, with the prosecutor retaining the right essentially to veto the jury’s decision.
In the Zehm case, Tucker never determined whether Spokane police Officer Karl Thompson should face criminal charges for the March 20, 2006 confrontation with Zehm that resulted in the death of the 36-year-old, mentally ill janitor.
The Federal Bureau of Investigation took over the investigation and discovered new information that the agency didn’t turn over to him, Tucker said, so he chose to wait.
“Why would I make a decision if they are going to take the whole investigation? They are going to trial on this with supposedly new evidence. I won’t find out what that is until they go to trial,” Tucker said.
Thompson still could face charges through his office, Tucker noted: “Murder doesn’t have a statute of limitations.”
Federal officials brought two felony charges against Thompson; the trial is scheduled to begin in March.
Former U.S. attorney for Eastern Washington Jim McDevitt, who turned the job over to Spokane attorney Mike Ormsby on Friday, declined to comment on whether there’s a legal reason Tucker had to delay making a charging decision in the Zehm case.
“We really don’t confirm or deny anything, or talk about our relations with law enforcement partners,” McDevitt said. “We pretty much operate on our own and they operate on their own.”
Whatever decision Tucker makes on the Creach case likely will spark controversy.
Creach, a 74-year-old pastor, grabbed his gun – as he had before – to check on what he apparently thought was a prowler in the parking lot of his nursery business adjacent to his Spokane Valley home.
Spokane County sheriff’s Deputy Brian Hirzel later told investigators that he saw Creach approaching with a gun and a flashlight, and that Creach refused several commands to drop the gun, although he did slip the gun into the back waistband of his pants.
Hirzel said he told Creach to get down on the ground and struck him with a baton on his knee when Creach refused. Hirzel claimed that Creach reached for his gun and Hirzel fired when he saw the butt of Creach’s pistol.
Creach’s son, Alan Creach, maintains his father had every right to carry a gun to protect his property. However, Tucker has said state law is clear that a person must obey a lawful order from police.
“He did not give us any hope that this was something he was going to get on and prosecute,” Alan Creach said, referring to a meeting his family had with Tucker. “We didn’t feel like after talking to him that he was as outraged as everybody else we have talked to. If Steve Tucker wants four more years, he needs to prove that to this community.”
Malone said that if he’s elected, he would hire an independent prosecutor if the charging decision on the Creach case is still pending.
“The county has liability, potentially, and shouldn’t be investigating itself under those circumstances,” Malone said. “That’s a clear conflict in my view.”
Tucker said the county often hires private counsel to represent it for civil lawsuits, but he expects to make the call on the criminal side of the Creach case.
“I’m the one responsible for making final decision for any police use of deadly force,” Tucker said. “This is the path that we take.”
1992 murder trial begins against sex offender 
Sadbuttrue on October 16 at 5:46 a.m.
Just as I predicted. And the decision will be not to prosecute. Bank on it.
Pat O'Leary on October 16 at 5:49 a.m.
How convenient to delay until after the election. However, I don’t think many will be able to forget Tucker’s lack of charges in the Otto Zehm homocide. The ME’s words, not mine.
DHF on October 16 at 6:52 a.m.
The Blue Wall Of Silence continues. I dont believe that the Creach family will ever get justice. This was a truly sad scenario. DHF
SpokaneLiberal on October 16 at 7:06 a.m.
Can a prosecutor be prosecuted for failing to prosecute in a timely manner? Kind of like dereliction of duty?
Vote Tucker out.
west on October 16 at 7:47 a.m.
Next spring….
Truthbtold on October 16 at 7:50 a.m.
I cannot comment on the Creach matter, as I do not have all the information. But I will however comment on the fact that it took the FBI to come in and clean up Tuckers mess in regards to the Otto Zehm case.
Spokane, he has had a long enough run here, it “appears” that he protects and not prosecutes the men in blue.
NOTE: I am in no way stating that all our men in blue are bad, I am very thankful that they are there when I need them, but one apple can taint the whole bunch.
PLEASE< PLEASE vote him out!!!!
lewis8457 on October 16 at 8:02 a.m.
Creach family will see no justice until Tucker is out of office. The fact he has to sit on this until after the election, speaks volumes….another justified murder by our local police.
i am sure we all knew how it was going to turn out.
hawken on October 16 at 8:13 a.m.
Tucker has had more than ample time to have made a decision on the Creach shooting.
It really is not all that hard of a call.
The fact is, unfortunately, there is way more than sufficient “reasonable doubt” to charge the deputy. Tucker simply cannot and should not file charges with so much “reasonable doubt.”
And…. as most of you know…. I think the Creach homicide stinks to high heaven!
Long ago…. Tucker should have published his decision.
The regulars on this forum know well that I am a staunch conservative and that I have been pounded for my criticisms of the police relating to all three, recent police shootings….
I mailed my ballot yesterday… voting for Malone, the Democrat. Hopefully, Malone will be a historically good Prosecutor at his age… like Reagan was a historically good president at his age.
In my judgment, Tucker’s silence is purely political.
This is not like the issue , debate or not to debate…
A life was lost at the hands of the police.
ChefGus/ John Olsen on October 16 at 9:00 a.m.
It cannot be overstated here… that Mr Malone’s cogent point on this particular case… is that the County Prosecutor’s office it seems is responsible for both a “Prosecution” if needed/indicated… and also is responsible for a “Defense” for the officer if he happens to be charged. That sounds like it has potential rife with cross purpose.
It remains a singular sad case… but from the facts/articles i’ve read in the news and on the blogs are true… Pastor Creach did have a reputation, likely known to most of the Sheriff’s office of “playing vigilante”.. My experience, and training as an Army officer, is that if someone has a visible .45 caliber weapon, and is moving toward you, that you must conclude that your life is at risk…
I find it hard to believe that a Pastor could threaten to “blow someone’s head off” based on the feeling that someone had stolen a plant from his property. Perhaps if he had been charged and tried for that prior conflict with a citizen, he’d have changed his cowboy behaviour and still be with us.
I am sorry about his death… but in my opinion likely there will not be a “charge” made in this case based on what I now understand.
If there is to be a decision made on this, it would have been best if it had been referred on to another venue/county to avoid the conflict of interest.
Gus
thevoice on October 16 at 9:28 a.m.
chef gus, this is crap. For all we know this man was obeying the officer after being struck and putting his weapon down. We are not at war and this man was on his own property.
ChefGus/ John Olsen on October 16 at 9:37 a.m.
“the voice” My opinion is My opinion…not “crap” …
He did NOT put his weapon down.. he put it away… and then did Not follow the purported order to get to the ground… I don’t know bout you but if a cop tells me to get on the ground.. I know how… and I will do just that…. face down… spread eagle and be quiet… period..
and it “Feels” like the pastor was “at war”… unnecessarily John
ChefGus/ John Olsen on October 16 at 9:39 a.m.
Oh.. by the way… since this is your “first post” under this name.. what other “alias” do you use?… Ad Hominem comes most often from those hiding behind numerous screen names.. just sayin
BitofBacon on October 16 at 10:13 a.m.
hawken, you’re right, it’s not that tough a call, except the call goes the other way.
zelda on October 16 at 10:38 a.m.
My opinion on Tucker is that he’s a double-dipping goldbricker. In many cities, being a good county prosecutor is a gateway to higher political office. It’s a duty and a calling to serve the citizens. In Spokane, it’s a grace-and-favor, dead-end job.
Tucker acts like he was hired to guard secrets, protect the status quo and…and…that’s about it. I can’t decide which activity is his main hobby — being prosecutor or playing golf. Either way, he has two government pensions.
lewis8457 on October 16 at 11:25 a.m.
Autopsy showed Creach spent some time on his knees in gravel that night. I can not believe anyone with a brain is swallowing what they are selling us.
Hirzel even said several times Creach never pointed his gun at him.
So what use is a gun if a person can not carry it on their own property? Another right we have lost first our civil liberties and now right to bear arms.
maria on October 16 at 11:50 a.m.
The cop who shot the wood carver in Seattle has lost his badge. Hopefully the same will happen in this case as well.
hawken on October 16 at 12:15 p.m.
BitofBacon
Even if Tucker charges the deputy…. the “reasonable doubt” to get past resulting in a conviction is huge!
That’s not just my opinion…. It is my opinion based upon decades of experience with assessing “reasonable doubt.”
All the police need to make an arrest is “probable cause.”… Which by the way they did not do.
On the other hand, a prosecutor must objectively assess “reasonable doubt.”
Unlike a defense attorney, a prosecutor has a dual responsibility… to prosecute the guilty in his legal opinion…. AND…. to insure the proper administration of criminal law.
The prosecutor has a double responsibility…. The defense attorney has only one…. defend his client.
I am confident that Tucker will not be charging the deputy with any, significant, criminal charge, because of the mountain of reasonable doubt that exists in this case. I don’t like it… but those are the facts as we currently know them.
If Tucker does charge the deputy with something, he will rightly have the wrath of the law enforcement community to deal with.
Elloki on October 16 at 12:18 p.m.
Why is Alan Creech meeting with the prosecutor in the first place? Is he trying to sway his decision or influence him? I can guarantee if the deputy or the deputy association met with the prosecutor before the decision was made, people with be up in arms claiming they were trying to influence his decision or get preferential treatment. That is not appropriate. All involved parties need to let the prosecutor make his own decision independent and without behind closed door meetings. Alan was not a witness and was not there. The deputy did nothing wrong, he was just faced with terrible circumstances which could have been avoided if Mr. Creech would have listened. Tucker is doing the right thing by waiting for all of the evidence to come in before deciding.
hawken on October 16 at 12:25 p.m.
Elloki
You attempt to make an issue where there is no issue….
Prosecutors have an obligation to meet with victims…
The Creach family is a victim in this case.
SpokaneLiberal on October 16 at 12:48 p.m.
Elloki
He isn’t doing the right thing. He has all the evidence. He is waiting until after the election because he knows the decision he is going to make (no charges) will kill his re-election chances. So he is delaying for political reasons.
Which is abominable.
misjustice on October 16 at 1:29 p.m.
SpokaneLib; you nailed it.
spokanecougar on October 16 at 1:35 p.m.
Yet another reason why Tucker and Ozzie need to be voted. Unfortunately we have way to many idiots in Spokane that just vote R or D and know nothing about the candidates so both these corrupt monkeys will probably get re-elected. Congrats Spokane on continuing to elect total corrupt idiots who are just out to advance there own career, not actually doing what is right.
Ron_the_Cop on October 16 at 2:22 p.m.
Folks need to read my comments re Tucker in the other thread:
http://www.spokesman.com/stories/2010/oct/16/tucker-faces-toughest-challenge/
cpd805 on October 16 at 4:00 p.m.
Tucker says he is still waiting for one more test result. I wonder what that test is.
Either the test result he is waiting for is pretty big, or that is just an excuse to wait until after the election to announce his decision not to charge. There is NO WAY Hirzel will be charged in this case, and rightfully so (unless there is additional info we have not been privy to).
Either way, we need a new prosecutor.
hawken on October 16 at 4:45 p.m.
If cpd is correct,,, that Tucker is in fact waiting for another test…. that would explain why he has not announced a final decision. Understandably.
It does not however, justify his silence to date. Especially, concerning such a red hot issue which has enraged the public he serves.
An up-date from time to time, to the press and public could have saved him all kinds of trouble, and caused him far fewer problems for his re-election bid.
Keeping the public informed, without disclosing the details of the investigation, is never a bad thing to do in high profile cases.
lewis8457 on October 16 at 8:34 p.m.
Tucker showed his hand when he told the SR about the Washington State Law that says, citizens have to obey a police officer regardless if the officer is acting within the law or not. The citizen must obey period.
Hirzel has already said Creach did not obey him so he blasted him point blank, case closed. NEXT?
Scoutster on October 16 at 11:23 p.m.
Tucker showed his hand when he made it clear police deadly force cases are handled differently than other cases. That makes them, on some level, political since he is elected.
Malone (and Gus) was right: this should have be referred outside immediately. That may be another piece for a future protocol: all these duties will be exported as well.
It’s amazing how these candidates take the voters for granted. The R voters…but that is not an indictment of the GOP (this just happens to be an R community…it’s just as corrosive in a D city), it is an indictment of the voters…pay attention people!
BitofBacon on October 16 at 11:25 p.m.
Lewis-it’s just not what Tucker says, it’s what the courts of the State of Washington have said. Geeze, what part of that don’t you understand?-Louis
misjustice on October 17 at 8:34 a.m.
Lewis got it correct, BitO, he referred to the State Law…
From Lewis’s post; “Tucker showed his hand when he told the SR about the Washington State Law…”
bszottlinger on October 17 at 12:03 p.m.
“That’s not just my opinion…. It is my opinion based upon decades of experience with assessing “reasonable doubt.”
Wow! BA, MBA, Phd, and now a JD
Is there anything in the universe this guy isn’t an expert in? I was always under the impression it was up to the jury to assess reasonable doubt.
Many of the mistakes that took place during the Creach investigation can not be undone. I do however hope that Mr. Tucker required an effort be made to get answers to many of the questions that arose. I wonder if some of the law enforcement supporters perspectives regarding the Creach case would have changed if it came to light that Officer Hirzel was a steroid user, or had high levels of alcohol or some other medication in his body fluid work up. Looks like that question will always remain.
My question as a voter is which of the two candidates is more likely to become more involved in establishing an investigative process that meets the standards we as citizens have a right to expect.
I don’t know whether or not a Coroner’s Inquest has ever been used in Spokane, but it is used in other jurisdictions in cases like the Creach case and does provide a public forum for the submission of evidence to a jury. Based on the jury finding in the inquest it gives the prosecutor some idea of where the case would stand should he/she take it to trial. Even with a inquest jury finding of culpability the prosecutor is not required to file charges unless he/she feels they are appropriate. I find the fact that the ME is uncomfortable with the process, as an excuse not to have one is ridiculous. She works for us and I would assume to a certain extent at the direction of the County Commission. Perhaps the winner of the election should sit down with the ME, County Commission, and the heads of the various law enforcement agencies and start the process of having a credible system for investigating these matters. My impression is that if Mr. Tucker is reelected nothing will change and life in Spokane will continue along the same path it has for many years.
Ron_the_Cop on October 17 at 12:43 p.m.
Re the Jay Olsen trial yes the jury reached a verdict based on the evidence it was presented. In my opinion the case could have been prosecuted much better. Was this by design and or ineptness I don’t know.
Re the 911 phone by Pete from the house in Hidden Valley that the prosecution had to rely on because the dispatch tape was destroyed/missing/rerecorded on, this was a big RED FLAG in my mind. You don’t lose dispatch tapes where I’m from.
The prosecution made a serious mistake in not calling the residence of the Hidden Valley house to rebut what the dispatcher testified.
From the published reports in the S-R, by Olsen’s actions he knew he was in trouble re this shooting.
See my breaking post in the other thread re Tucker’s work product and decision making skills in the other thread:
http://www.spokesman.com/stories/2010/oct/16/tucker-faces-toughest-challenge/?comments#c206337
Ron_the_Cop on October 17 at 5:38 p.m.
OK just into my email box came this message from David Stevens who I supported/endorsed for County Prosecutor.
The S-R has reported that both David Stevens and Chris Bugbee are supporting Tucker.
Well this email from Stevens would tend to indicate otherwise:
<david_stevens@davidstevens.org>
reply-to David_Stevens@davidstevens.org
Sun, Oct 17, 2010 at 4:06 PM
subject Re: Re Steve Tucker - I just posted this bombshell in the S-R article thread on Tucker
I am not supporting Tucker. Don’t know where the paper got that.
purplecoin on October 18 at 10:12 a.m.
Looks like we have our own “Officer Bubbles.”
http://www.youtube.com/watch?v=PGMTm3QRwEc&feature=autofb
Ron_the_Cop on October 18 at 10:22 a.m.
See my new post at my blog re this breaking news re Stevens’ does not support Tucker and according to his FaceBook page voted for Malone:
Steve Tucker for Spokane County Prosecutor - A mockery of justice
http://tinyurl.com/25kd3we
RobertHLocksley on October 18 at 11:43 a.m.
“There is NO WAY Hirzel will be charged in this case, and rightfully so” -cpd805
What about the autopsy? There are two huge pieces to explain:
1) He spent “some amount of time on his knees.”
2) The angle of the bullet was from the top of the sternum down into the heart. (Don’t give me any crap about bullet deflection a) the sternum is cartiledge b) a deflection does not create a straight line wound track c) bullets deflect after entry not upon entry.
…or so this things have been reported by the media. We need a full disclosure of the autopsy report but these two “facts” (if they are facts) would be consistent with Creach being on his knees and being shot from above. That scenario would be very difficult for Hirzel to explain and especially so since he said Creach was never on his knees.
Ed Byrnes on October 26 at 8:12 p.m.
The fact of the matter is that our local legal system, both law enforcement and prosecutors, are at an all time low in their credibility and trustworthiness in the eyes of us citizens.
The fact that a law enforcement member states that their wrath is something to deal with, and as such should be a consideration, is a signal to us citizens that arrogance is part of the problem, at least among some law enforcement members.
The overarching problem here is a lack of transparency between law enforcement and the prosecutors, and us citizens. If there is nothing to hide then support direct citizen review to maximize transparency.
What is most likely to happen is that the code of silence will remain in place, further eroding the vestiges of trust between citizens and law enforcement, because us citizens know that silence is the voice of complicity.
Ron_the_Cop on October 28 at 7:10 p.m.
Re Tucker’s going to defer his decision to after the election.
There’s a newer story up at KXLY:
Sources: More Tests Needed In Creach Case
http://www.kxly.com/news/25557597/detail.html