Spokane7
58°
September 14, 2010 in City
Candidate wants WSP in charge in Creach case
Malone also calls for outside prosecutor
The Democratic challenger for Spokane County prosecutor on Monday called for the Washington State Patrol to take over the investigation into the fatal shooting of a Spokane Valley pastor.
Spokane lawyer Frank Malone said he had not contacted the WSP, but noted they were already involved in the investigation of the Aug. 25 shooting by Deputy Brian Hirzel as part of a protocol that is designed to avoid having a department investigate itself.
“This investigation is already compromised,” Malone said. “The deputy being allowed to go on vacation was ill-advised and created an unnecessary appearance of coziness with the legal system. The deputy is as interested in a credible investigation as anybody else. He doesn’t want this cloud hanging over him, either.”
Officials in charge of the investigation allowed Hirzel to travel to see family in Montana and then go on to Las Vegas for several days before he gave the statement in which he said 74-year-old Wayne Scott Creach came at him with a handgun.
Hirzel told investigators that he repeatedly told Creach to drop his gun. The pastor and business owner then placed the gun in his back waistband. Hirzel, who was in an unmarked patrol car on Creach’s property, said he ordered the shirtless man down to the ground, which he refused. Hirzel then said he struck Creach in the leg with a police baton and he fired only after Creach grabbed for his gun and began to draw it, Lt. Dave McGovern said last week.
Sheriff Ozzie Knezovich said Malone’s suggestion is up to officials from the WSP.
“The reason why Spokane Police and the WSP are doing it together is so there are multiple eyes on this case,” Knezovich said. “I don’t know that the (WSP officials) would do that this deep into the investigation.”
Malone also said he believed that his opponent, Republican incumbent Steve Tucker, should ask another prosecutor to make the decision on whether Hirzel faces criminal charges as a result of the investigation.
“There is also a conflict of interest in the fact the prosecutor’s office is tasked with defending Spokane County against liability claims and making decisions after these investigations. This is unacceptable,” Malone said. “The current situation cries out for an independent, unbiased prosecutor to make these decisions.”
Tucker said his office keeps a list of prosecutors who can step in when a conflict arises. But, he doesn’t see the need in the Hirzel investigation.
“I’m comfortable with the way it’s going right now,” Tucker said. “Spokane police are investigating. I’m sure they will do a complete job.”
Once investigators turn over the case, Deputy Prosecutor Jack Driscoll will analyze it before Tucker makes a final judgment.
“Until he gets elected, he’s just somebody talking,” Tucker said of Malone. Being a finalist in the November election “doesn’t give him standing to make any calls for my office.”
Alan Creach, son of the slain pastor, said he doesn’t know what to think about Malone’s call for an outside prosecutor.
“I can’t make a statement about Steve Tucker,” Creach said.
“I’m looking at his track record in the Otto Zehm thing and that doesn’t look very good.”
Closing Geiger: Wise or worrisome? 
bszottlinger on September 14 at 7:49 a.m.
Well how about this Mr. Tucker if a Special Prosecutor is out of the question. There will of course be more of your staff reviewing the matter besides Mr. Driscoll, so why not throw some other folks into the review mix. As an example, although the US Government has no jurisdiction at this point you may be able to obtain the assistance of the US Attorney’s office in providing one experienced AUSA to simply give a little input during Mr. Driscoll’s review. If you were to ask you might also be able to gain the assistance of the local Bureau in providing one experienced agent to provide some input regarding the investigation. The WSP is involved in the investigation of this matter, so perhaps the Washing State Attorney General’s Office would be willing to provide an experienced AAG with no relationship to your office to take a look at things, and perhaps an investigator from the State AG might be of some help.
You have a call to make that is one of those damned if I do, damned if I don’t, wouldn’t it be nice to be able to say I had a pot full of independent help from outside of my office providing me with input rather than just your second in command? The public might have a little more confidence.
Brad Szottlinger
liarsinnews on September 14 at 7:52 a.m.
Malone should take a look at Hizel`s story regarding his saying he was checking up on the tickets he`d written when he was parked in his unmarked LE vehicle in the pastors parking lot. I think it may be possible he was selling bedroom trinkets instead.
Ron_the_Cop on September 14 at 8:06 a.m.
Yes, Mr. Tucker should remove himself from this case. His reviews of the Zehm and Savage case should be telling that he has no clue if they’re is an elephant in the room or not.
Mr. Tucker sees no evil, hears no evil and speaks no evil:-)
lewis8457 on September 14 at 8:22 a.m.
at a recent conference my step father talked to Mr. Tucker and tucker gave my dad a song and dance about how he could prosecute Karl Thompson for killing Otto Zehm becasue the investigation papers he got were not complete i asked my dad well did he contact SPD and tell them that, no he didnt he just said it was justified. then my father pushed a bit more and tucker wined the feds took all the paper work on Otto. I told my dad yeh that is because he didn’t do anything.
If i was Alan Creach i would be pushing hard for another prosecutor. Mr. Tucker will just turn his head and cough like every time before this. He is happy to prosecute a young mother for not having her child strapped correctly in his car seat which resulted in his death then a cop that beats a man to death with baton. I am sure the mothers loss and quit were enough of a life punishment, so tucker her throws in prison.
None of his cop buddies ever even get to court let alone prison. Tucker is a plight against the common man who expects justice in spokane.
lewis8457 on September 14 at 8:27 a.m.
sorry folks correction to last post
talked to Mr. Tucker and tucker gave my dad a song and dance about how he could NOT prosecute Karl Thompson for killing Otto Zehm
lewis8457 on September 14 at 8:31 a.m.
Unless they have changed things since i worked there in 2002 the SPD has no way to do blood tests. they do fingerprints and the like anything beyond that goes to the WSP lab in the basement of the safety building.
Scoutster on September 14 at 8:56 a.m.
Why would WSP be better now. Maybe at the beginning, but it’s too late now.
They all have close working relationships, and no doubt nobody wants to “get anyone in trouble”.
Feds or police from another large city in WA (Seattle, Tacoma, etc) seems to make the most sense.
This case is so tainted, grown ups need to come in.
dougfresh on September 14 at 9:08 a.m.
I don’t see how they wouldn’t prosecute the deputy, he clearly assaulted & killed a man on his own property. Showed up in an unmarked car, we have no way of knowing if Mr. Creach knew he was an officer, and that is 100% the officers fault for not using a patrol car for ya know…BEING ON PATROL.
If the deputy doesn’t end up in jail the only lesson I will have learned is that you can even call the cops to help with property crime, because they might just f’in shoot you, and we are better off fending for ourselves.
misjustice on September 14 at 9:09 a.m.
It is highly likely that Hirzel will face more severe sanctions regarding his undisclosed dildo business than for the homicide of Mr. Creach. A sad prospect, indeed.
I wondered how long it would take for Malone and Tucker to weigh in on Hirzel; IMO they should both stay out of it. The Creach family does not need their family member’s homicide made into a political football.
philipgregory on September 14 at 9:20 a.m.
Great IDEA !
maria on September 14 at 9:34 a.m.
http://www.spokesman.com/stories/2010/sep/14/agency-looks-at-deputys-role-in-online-sex-toy/
Perhaps the preacher caught the Hirzel using one of his sex toys in his unmarked car and became irate.
And maybe, just maybe, the Vegas trip was really a supply run for the Hirzel’s side business.
Sadbuttrue on September 14 at 1:41 p.m.
“Once investigators turn over the case, Deputy Prosecutor Jack Driscoll will analyze it before Tucker makes a final judgment….”
In service of accuracy, the sentence should continue to read “… that no further action should be taken.”
maria on September 14 at 3:36 p.m.
Hey, where’d a the comments go?
Ed Byrnes on September 14 at 8:27 p.m.
The WPA is not going to be any more transparent than any other law enforcement agency. Recall they are the ones who let SPD sgt. Brad Thoma go home after committing a DUI hit and run.
For this case an outside agency, preferrably a federal one but at least a far removed one, should be leading the investigation. An independent prosecutor is absolutely necessary given the conflict of interest that Steve Tucker has as the simultaneous prosecutor and defender of local law enforcement.
Officers and deputies knowing in advance that any and all of their violent behavior will be subject to direct citizen review would prevent many of these arrogantly violent behaviors on their part.
Transparency and accountability from an informed and empowered citizenry!
circle8 on September 15 at 11:39 a.m.
First allow me to state I do not know anyone in this campaign or the shooting.
Mr. Malone reminds me of a crow. Crows fly around and look for carrion to eat. They are too lazy to work for themselves and want the leftovers of others or nature. He has decided to attack his opponent regarding “what may happen” related to a subject filled with tragedy. The shooting death of Mr. Creach, a business owner, pastor, father, grandfather and friend to many has split the local community. The shooting has even caused this paper to call the deputy involved in the shooting a “KILLER”. When was the last time that term has been used by any paper or news outlet within 24 hours of a shooting especially when the facts were for the most part unknown at the time and the investigation was still in progeress. There was another shooting 24 hours earlier and the paper did not call that “shooter” a KILLER but I digress.
Mr. Malone has the right to question the actions of his opponent as he sees fit however I believe he should do so on his record, job performance or other issues that are before that office. The fact that Mr. Malone has chosen to make an issue about an ongoing investigation that could bring unnecessary pressure on those who must decide what if any action should be taken troubles me. Why you ask? If the person making the decision regarding further action, if any, against the “KILLER” as per the S-R) is forced to make that decision based on PUBLIC pressure or perception then justice is not served. Any case, in fact, all cases must be decided on the merits of that case and not on a comment by a candidate for an office that involves the complexities of Prosecuting Attorney.
My concern is if these comments by Mr. Malone are an indication of his attitude toward the responsibilities of the office would the citizens of Spokane County be in jeopardy having him as Prosecuting Attorney? That position requires total objectivity and clearly Mr. Malone has an agenda.
bszottlinger on September 15 at 12:02 p.m.
Circle8:
I sure wouldn’t want any elected official to make any decision based on “PUBLIC pressure or perception” or for that matter what his political opponent might have to say. Is this something you are concerned might influence Mr. Tucker?
Brad Szottlinger
Wizard_Of_Oz on August 23 at 7:31 p.m.
The WSP is complicate in setting up Chism..I’d go with the Feds. They wont leave any rock unturned.
Tuckered out. You voters got what you deserve. David Stevens would have done some ass whooping including getting rid of that prosecutor that failed to file cases on time. There is NO excuse for that sloppiness. NONE. Might as well let have the coppers release the perps if your not going to charge them.
I dont know if there are more scum bags in the City or Countys attorneys office. A good colonic would do both well.