September 1, 2010 in City

Family seeks answers in security guard’s death

Detectives investigating shooting near apartment complex as homicide
By The Spokesman-Review
 
Dan Pelle photo

A memorial to George Al Hayek is in place on the mantel of his parents’ home in north Spokane.
(Full-size photo)(All photos)

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Eight years ago, Bassam Al Hayek left a little town near Bethlehem to start a new life away from the political and religious crossfire. He and his wife settled in Spokane, far away from the Middle East violence he saw as an Arab Christian in the Palestinian territories.

“We knew we would be killed sooner or later,” Al Hayek said of living in the midst of fighting between fundamentalist Muslims and Israeli troops, according to a 2008 Spokesman-Review article. “It was just a matter of by whom and when.”

This week, Al Hayek sat in the living room of his northwest Spokane home, examining pictures of his youngest son’s body.

His son, George B. Al Hayek, 26, was the private security officer who was shot to death last week during an altercation with a group of people in an alley outside an east Spokane apartment complex.

Police found the gunman, Jason M. Hartell, performing CPR on Al Hayek when they arrived after the shooting, which occurred before 11 p.m. Aug. 24 between the Pepsi bottling plant at 4014 E. Sprague Ave. and the Pacific Plaza Apartments, 4023 E. Pacific Ave. Hartell says he fired in self-defense.

The fatal confrontation occurred as Al Hayek patrolled a nearby building campus; Hartell lives at the apartment complex. He wasn’t home when a reporter stopped by seeking comment Tuesday.

Spokane police questioned Hartell, 35, after the shooting but did not arrest him. Witnesses told police Al Hayek confronted the group, then armed himself with what appeared to be a semi-automatic handgun but was actually a BB gun.

Al Hayek’s family questions the investigation and said they’d never seen him with the weapon. They say his wallet and GPS were missing and believe the BB gun was planted.

“Believe me, he was killed in cold blood,” Bassam Al Hayek said.

But Spokane police aren’t so sure.

“We have not drawn any conclusion at all,” said Lt. Dave McGovern. “This isn’t a whodunit; it’s a ‘why did it happen?’ ”

McGovern said detectives are investigating Al Hayek’s death as a homicide. They’re trying to determine if the wallet and GPS were with Al Hayek that night – family said he had cash and his ID card in his jacket pocket – and hope to track the origins of the BB gun. A representative with Al Hayek’s employer, Securitas Security Services USA, said officers are not issued weapons.

Detectives will compare the timing of 911 calls from unassociated witnesses who reported the shooting with the timing of the call from someone in the shooter’s group. They’ll scour phone records and have both guns tested for fingerprints. Then they’ll present the case to the Spokane County Prosecutor’s Office, McGovern said. He declined to say if polygraph tests have been administered.

“There’s just all kinds of little stuff that we need to do to come to a complete investigation,” McGovern said. “When we get this all done, that’s going to be the biggest question that we’re going to have to ask the prosecutors – does he believe this was self-defense?”

George Al Hayek, a married father of a young girl, earned a law degree from a Jerusalem university and moved to the Washington, D.C., area in 2006 from his family’s home in Beit Sahour. He joined his family in Spokane in May and planned to save money to move his wife, Summer, and daughter, Natalia, here.

He was to visit them in Maryland next week, said his brother Issa Al Hayek.

Now the family fears his killer won’t be brought to justice. They question why police didn’t perform sobriety tests on Hartell or the other witnesses and wonder why detectives trust the word of the killer and his friends.

“We want my brother to have justice and dignity,” Issa Al Hayek said.

George Al Hayek, the youngest of seven children, was described by family and friends as quiet, polite and meticulous.

He eagerly accepted extra patrol shifts at work but was assigned primarily to the Premera Blue Cross campus, an area his family said he knew was dangerous.

His brother Jimmy Al Hayek also works for Securitas and said George Al Hayek had problems with people in the area near Premera before who yelled racial epithets at him and called him “a terrorist.”

“I told him to be aware because it is a really bad area,” Jimmy Al Hayek said. “They’re running drugs or they’re running hookers.”

George Al Hayek talked about getting a bulletproof vest in the days before he died, his family said.

“He took his job very seriously and everybody liked him,” Jimmy Al Hayek said. “It was his job to secure the area. That’s probably why they wanted to get rid of him.”

Photos of Al Hayek’s body provided by the family show three bullet wounds – one in each side and one police said entered his chest and exited his back.

His mother, Hiam Al Hayek, spoke to him just minutes before his death. He said he was hungry and would be home soon. She left food for him in the microwave and went to bed. She learned of his death from Jimmy Al Hayek the next morning after a company employee called him.

A funeral is planned for Saturday.

Meanwhile, police said Hartell, who couldn’t be reached for comment, is cooperating with the investigation and has been from the beginning.

“He didn’t try to secrete the gun. … He was over the fence giving George CPR when the officers first arrived,” McGovern said. “We didn’t have enough probable cause to believe this was intentional.”

One witness told KXLY-TV that Hartell shot Al Hayek after Al Hayek pulled a gun from his Honda Civic and Hartell feared was going to shoot them.

“He was just trying to protect us; he didn’t want anyone to die,” said the woman, who identified herself as Patty Christiansen.

Detectives have found at least one witness not affiliated with Hartell or his associates, some of whom McGovern said just met that night.

“These people were not all friends,” he said.

25 comments on this story so far. Add yours!
  • eagleproducer on September 01 at 10:08 a.m.

    I’ll just about guarantee video of this incident was captured by a camera somewhere. Most apartment complexes have 360 degree coverage with security cameras. Will the SPD take five months to release the tapes?

  • Take_A_econd_Look on September 01 at 10:52 a.m.

    I would be nice to have that footage availabe if it exists, SPD won’t give it up if they do, not without a legal fight. Why is the shooter still free? He shot and killed a man, and has confessed to the shooting. He should have at least been arraigned, passport taken, and not be allowed to leave town. I hope his gun was confiscated and he never be allowed to own another one.

    After this is over, I wonder if his employer will be making any statement, either publicly or internally to its other employees. I sure hope Securitas does something to help his family out. So far they have been tight lipped both publicly and internally.

  • SpokaneLiberal on September 01 at 11:28 a.m.

    The shooter is free for a few reasons. He stayed on the scene and assisted, which is a decent indication that he isn’t a flight risk. He also was cooperative and admitted shooting the victim, which means that if they decide to arrest him it won’t come down to did he do it - just was he justified in doing it.

    I am also sure the gun was taken - as evidence. If he is convicted of any felony he won’t own a gun again.

    The real question is - was the BB gun really the victim’s? If it was did he brandish it in a way that would appear to pose an imminent threat? If both of these are yes, I am betting there will be no charges.

  • Yuletide on September 01 at 11:40 a.m.

    My concerns:

    A security guard carrying a b b gun in a bad area of town? Not likely. Too risky.

    The security guards wallet and gps are missing. hmmm

    I want fingerprint analysis on that b b gun.

    Something about this whole situation just doesn’t ring true. I am hopeful for a full investigation, since a key witness can no longer talk.

  • SpokaneLiberal on September 01 at 12:29 p.m.

    Yuletide

    I agree - if the wallet and GPS are missing it is suspicious. The only reason we have to think that is an assertion by the family - but we don’t know if it is just being held by the police as evidence (which I would consider likely).

    I think the difference between this and the pastor is three fold. First, in the pastor scenario everyone agrees that both parties were within their rights to be carrying a weapon. Second in this situation there are questions about why the victim was were he was, in the pastor scenario there is a question as to why the shooter was where he was. Lastly, and most importantly in this situation we have some detail as to what happened (even if it is from a biased witness) in the pastor shooting we have no details which leads to rampant speculation and assertion.

  • Yuletide on September 01 at 12:37 p.m.

    I find it highly unlikely that a security guard would bring a b b gun to work. I really do.

    I would like to know if there is any video of him having this b b gun.

    I’m not saying it didn’t happen the way the witnesses say it did; it just seems very very strange to me.

    I would think if the police gathered the victims personal items such as the wallet etc, that they would let the family know that.

    I am very interested to see the results of the full investigation.

  • SpokaneLiberal on September 01 at 12:59 p.m.

    I guess I don’t find it that unlikely that a security guard carries a “fake” gun. I know a couple that have, because it serves as a “deterrent.” Except when it doesn’t and you get killed.

  • Methinks on September 01 at 1:01 p.m.

    Having a little inside knowledge, I can say that I do believe this security guard would bring a BB gun to his job.

  • readermo on September 01 at 2:13 p.m.

    May his memory be eternal. We’ll be praying for George & for the El Hayek family.

  • DELTA on September 01 at 5:45 p.m.

    @methinks

    Inside knowledge??? Hmmm

    How long did it take the shooter and accomplises to call 911 after the shooting? (Long enough to get their stories the same?)

    Did the police check the victims car for fingerprints?

    Maybe the CPR was out of guilt or to throw off the cops?

  • elhayeki on September 01 at 5:58 p.m.

    My brother was shot 3 bullets from Jason Hartell. One from one side of his rib cage and the other from the other side and one bullet in the chest. Two bullets went through his heart. He was shot under his armpits. He had his hands up. Three bullets in the chest and it is self-defense? Give me a break. Jason Hartell meant to kill my brother to stop him from dealing drugs. Hartell is a drug dealer.

  • elhayeki on September 01 at 6:03 p.m.

    According to lead detective Terry Ferguson, my brothers wallet and gps are not in evidence. When detective Ferguson was asked by myself, did you perform a drug test on the killer, Jason Hartell. She replied, “No, I know when someone is drunk or high.” Did they run finger prints on the picture of my brother’s daughter that was left under the passenger seat? Why would my brother carry his social security card in his pocket? Where is his wallet and the rest of his belongings that were in the wallet.

  • elhayeki on September 01 at 6:19 p.m.

    My brother told me about an hour before he was shot that there were a group of 5 to 6 men, the residents of the apartments, that were calling him names such as “sand n–r”, go back to your country, you don’t belong here, terrorist…” None of us was mentioned anywhere but in this newspaper article. Is this a hate crime? One must ask. Too many fishy things about this case. A lot of unanswered questions.

  • 8258 on September 01 at 8:19 p.m.

    Why was the security guard in his privately owned vehicle rather than doing a foot patrol? Was he in any type of uniform that would readily ID him as a security guard?

    Just a couple of questions that seem to have been glossed over.

    How do we know he did not have a BB gun with him? They are readily available at any sporting goods store and you sure don’t need any kind of background check. This would not be the first instance of someone trying to use a BB gun to intimidate someone else.

    If the investigation determines that the security guard did in fact brandish a BB gun at a group of people when his only duty as a security guard is to observe and report then there should be a lesson here for everyone.

    If you pull a gun on someone it had better be real and you better be ready to use it. WA is a shall issue state for people who wish to carry a concealed pistol. If you pass the back ground check one must be issued. You never can tell who may have a gun out there.

    This was a tragedy all around, two families are in an emotional crisis over something that did not have to happen if the “observe and report” doctrine had been followed, rather than confronting someone outside of the area of responsibility for that particular patrol area.

  • elhayeki on September 01 at 10:30 p.m.

    It is common practice for security guards to use their privately owned vehicles to patrol such a big and dangerous area such as Sprague, especially at that time of night. Where did the BB gun come from? To me, this sounds like a planned cold blooded murder. I have seen the body and the bullet holes. There are six holes in George’s body. Some family lost their beloved one and the shooter is a free man. Where is justice?

  • Bee509 on September 01 at 11:07 p.m.

    elhayeki - I can understand and sympathize with your anger and frustration of loosing a loved one.

    However, you called out the shooter, Jason Hartell as being a “drug dealer”.

    elhayeki- “Jason Hartell meant to kill my brother to stop him from dealing drugs. Hartell is a drug dealer.”

    What insight or proof might you have to support such an accusation, or is that just an assumption/slander/libel?

    I’ve done a case search on Jason Hartell, and you can also @ http://dw.courts.wa.gov/?fa=home.casesearchTerms
    and the only thing I was able to uncover was a single traffic infration, non-criminal at that..

    I’m not attempting to stir the pot but you seem to have opened yourself up to dialog and debate on the matter.

  • SpokaneLiberal on September 02 at 6:50 a.m.

    Justice is not swift. Where is it? I don’t know. It might be coming, it might not. Depending on who you are and what you believe justice is justice may or may not come.

  • Take_A_econd_Look on September 02 at 9:05 a.m.

    elhayeki- I can confirm that it is very much routine for security guards to use their personal vehicle for patrols, as I have done so in the past. Guards who conduct foot patrols are not necessarily restricted to foot patrols.

    The words exchanged between the group of people and George, and equally important as to how the confrontation was initiated, have not been released to the public, but if racial slurs were exchanged, then everyone involved could not only be charged with a hate crime, but as accomplices to murder/manslaughter charges. (similar to two people robbing a store and only one shooting the clerk, both are equally charged with the clerk’s death).

    Security guards are required to be state licensed (with the security picking up the tab at a yearly cost around $100), fingerprinted, and must pass a drug test, along with passing state and federal background checks. it’s highly doubtful George would possess a BB gun, especially since the company highly forbids it. Not to mention company policy strictly forbids guards to wear body armor.

    Let me stress that George was a security guard, in uniform and readily identifiable as such. Mr. Hartell’s use of a firearm was completely reckless, and showed a total disregard for anyone’s safety. He had the option to leave the area and call the police, instead he chose to use deadly force. There are consequences to his actions.

    I wonder if George’s family has consulted an attorney about this? The criminal justice system is just that, justice for criminals.

  • 8258 on September 02 at 9:50 a.m.

    Take a second look,

    You have written a lot of suppositions and assumptions. Unless you were there how do you know these things. How can you be sure he did not have a BB gun that looked like a real gun? It has been stated that he was already looking for body armor to wear, in violation of policy to wear, according to you.

    Mr Hartell did have the option to depart the area, just as he has every legal right in this state to defend himself and others with deadly force when confronted.

    The WA statute reads: The law allows use of deadly force in the lawful defense of oneself, a family member, or any other person, when there is reasonable ground to prevent action(s) of the person slain to commit a felony or to do injury or harm, and there is imminent danger of such design being accomplished; or in the actual resistance of an attempt to commit a felony upon the slayer, on those in their presence, or upon or in a dwelling, or other place of abode, in which they are.

    There is also no duty to retreat in WA as set in precedent by the state supreme court.

    Rather than being a reckless act, the use of a firearm by Mr Hartell was an act of selfishness IMO. He saw a threat to himself or others and chose to neutralize the threat, which is all within the scope of the law.

  • Methinks on September 02 at 7:32 p.m.

    Cold blooded murder - I seriously doubt that - did George know this man? Jason H. felt threatened and used a “real” firearm against a “fake” firearm - what if George’s gun had been real - how was the shooter to know. AND for the shooter to jump the fence and perform CPR is highly unlikely of a drug dealer. I am very sorry for the loss of your brother, however when you can see past your anger, this was a mistake gone very, very bad, NOT cold blooded murder.

    I’m curious - you mentioned that George had told you about these people yelling hate words at him and HOUR before he was killed….why oh why was George still on the scene an hour after the yelling started? If things were really that bad, the police should have been called or back up security guards. An hour is a very long time for an argument to continue. Also, if he felt so in danger as to warrant body armor, he should have made several reports to his superiors. Time may tell the real story.

  • LK1975 on September 03 at 5:25 p.m.

    I doubt George felt he needed to call the police just because people were yelling racist things at him. How was he to know his life was in actual danger at that point? Nor does it say he was arguing with them for an hour. That makes no sense to blame him for not having called or for not wearing body armor.

    The killer’s story does not ring true; there is obviously a lot more to it. Hopefully one of the witnesses will have an attack of conscience at some point and the ENTIRE truth will come out.

    My prayers are with his family. What a horrible, needless loss.

  • emm84 on September 04 at 3:46 p.m.

    George was the security guard at my place of work for about a month. Everyone at my work loved him. He was always clean cut, his security uniform was always clean and he always used his own vehicle. He would always walked us into the building and out to our vehicles. He was such a nice person. He would always ask me how my family was doing, how my day at work was, and always wished me a great weekend. He would talk to me about his family and how much he loved them. He was the best security guard we have ever had.

    During the month he was the security guard at my work he never once had a weapon with him and my work is in bad area of town. He would talk to me about some of the sketchy places he would secure but never mentioned needing a weapon to feel safe to secure them. I firmly believe that the BB gun was not his. George wasn’t stupid. He would never pull a fake weapon or even a real weapon on someone in a bad part of town. That is how you get yourself killed. My thoughts go out to his family.

  • Methinks on September 05 at 6:15 p.m.

    LK1975 - below was written by George’s brother. It is where I got the 1 hour reference from. Please see posts written by elhayeki

    elhayeki wrote: “My brother told me about an hour before he was shot that there were a group of 5 to 6 men, the residents of the apartments, that were calling him names such as “sand n–r”, go back to your country, you don’t belong here, terrorist…” None of us was mentioned anywhere but in this newspaper article.”

    ––––––––––––––––-

    emma84 - reread your post because you said exactly what happened. Pull a fake weapon out, you get yourself killed. Um, that is what happened.

  • elhayeki on September 06 at 9:05 a.m.

    We took photos of my brother’s body. My brother had bruises all over his back. It looks like he was beaten and kicked by possibly more than one person. Jason Hartell only shot my brother but someone laid hands on him either before or after he was shot. There could be more than one shooter. Why was his body moved? To perform CPR? Why would somebody shot another three fatal bullets in the chest area and perform CPR? Have you ever heard a story where killer(s) wanted someone dead then performed CPR? His body was moved by the group of residents in order to get their story right before paramedics and the police arrived. The killer(s) had their finger prints all over my brother and possibly that is why they claim that Hartell performed CPR on him. They shot a young man and beat him then they realized they killed him. They realized they were all going to jail unless they made it look like self-defense. The killer(s) had time to get their story they way they wanted it to look like. The victim is dead, he cannot speak for himself but the evidence will speak louder than the killer(s) words. The only witnesses at that time were the residents that participated in the killing of George. Now, there is an independent witness that is not associated with the killer or the victim. There are lot more questions that needs to be answered before a determination is made whether it was self-defense or an intentional killing. Self defense does not sound logical to anyone right now. What was the Jeep doing behind my brother’s body?
    The truth will come out. Detectives are not stupid. The snow will melt one day and the sun will come out exposing what is underneath. Once you look at the body, site of the shooting, and the story you hear in the media. You know that it does not make any common sense. It has no rhyme or reason. IT was not necessary for my brother to die this way. My brother did not need to die. It was unnecessary. They killer(s) knew what they were doing. My brother is very friendly and knew everyone; he was working that site for nearly three months. There were many other options that the killer(s) had but they choose to end his life in this merciless manner. They meant to kill my brother whether he had or did not have a bb gun. As a result, my brother has six holes in his body, bruises all over his back, and a scrape on his knee and forehead. His bracelet, wallet, and GPS are still missing and not in evidence. Evidence will speak louder than words. My brother is in a better place right now.

  • BRUCE72 on September 29 at 7:44 a.m.

    take a look what “Jason Hartell, who lives at the complex, said that he was outside, heard an argument and watched El-Hayek get into a silver sports car. Hartell then heard the cocking of a gun and saw El-Hayek pull out what appeared to be a gun. ”WHAT COCKING GUN” HOW HE COULD HEAR COCKING GUN FROM A BLASTIC WEAPON FROM FAR AWAY,COME ON POEPLE THAT’S JUST A LAY..
    and Take a look at this too “”“I heard a pop, pop, pop and i knew immediately that it was a gunshot and so I came running out to make sure everybody was okay,” Patty Christiansen said. And she say after that “”He was just trying to protect us, he didn’t want anyone to die,” Patty said. COM ON PEOPLE AGAIN HOW HE WANNA PROTECT THEM AND SHE WERE IN HER APARTMENT SHE WASN’T OUT SIDE..
    THIS GUY A MURDER HOPFULLY HE DOESN’T GET AWAY FROM THIS..
    DID THE POLICE CHECD THIS STATMENT????……HMMMMMMMM

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