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August 10, 2011 in City
Key players and contradictions
A comparison of statements in the Otto Zehm case
Otto Zehm
(Full-size photo)(All photos)
Use of force
THEN: “The officers were definitely within the (department) policy. The officers used the lowest level of force possible.”
• Assistant Spokane Police Chief Jim Nicks, March 18, 2006.
NOW: “Based on the video, Otto Zehm is retreating the entire time that Officer Thompson is advancing upon him and attacking with his baton; … There was no reasonable threat to Officer Thompson and Officer Thompson’s use of an impact weapon was objectively unreasonable and violated Spokane Police Department use of force policies.”
• Assistant Spokane Police Chief Jim Nicks in newly filed documents in U.S. District Court.
Chain of events
THEN: “The suspect lunged at the officer during the initial contact, and basically a fight ensued. It was actually hand-to-hand combat.”
• Assistant Spokane Police Chief Jim Nicks, March 18, 2006.
NOW: “Based on the video, Zehm is retreating the entire time from the rapidly advancing Thompson and does not take a position of aggress and/or engagement, and does not appear ‘about to be assaultive’ toward Thompson.”
• Assistant Spokane Police Chief Jim Nicks
in newly filed documents in U.S. District Court.
Officer’s account
THEN: “As time goes on, and we talk to more and more people, it supports Karl’s account of the incident.”
• Assistant Spokane Police Chief Jim Nicks, July 15, 2006.
NOW: “Based on the video, Otto Zehm did not, as Officer Thompson claimed, stand up in the south aisle, take a boxing position, and throw punches at the Officer.”
• Assistant Spokane Police Chief Jim Nicks in newly filed documents in U.S. District Court.
Officer’s behavior
THEN: “In my personal opinion … I just don’t think that the behavior of the officer rose to criminal behavior.”
• Spokane Mayor Mary Verner, June 22, 2009.
NOW: “We have a responsibility to evaluate all information in this matter. … Our employees must tell the truth as they see it.”
• Spokane Mayor Mary Verner in a prepared statement issued Tuesday, just hours after being asked by a Spokesman-Review reporter about apparent contradictions in the city’s position on the police department’s handling of the Otto Zehm case and what the assistant chief told FBI agents during a 2009 interview.
1992 murder trial begins against sex offender 
Dazzeetrader11 on August 10 at 1:56 a.m.
Public pressure and a coming election changed Verner’s tune.
She’s been absent on this for years! So why now?
Nicks was never trustworthy…never understood how he’s kept his job. He’s known the truth for years. He’s seen the video from the beginning. SO what’s in it for him to finally tell some truth? He needs to get out from under this or he’s a goner…he should be anyway after keeping silent for years.
jimvw2 on August 10 at 6:05 a.m.
The behavior of the “acting” chief at the time of the Otto Zehm case was morally abhorrent.
However, Dazeetrader’s attempt to hang this crime arround Mayor Verner’s neck is misguided. If Shawn Vestal’s chronology of events is correct, Verner wasn’t even mayor at the time.
By the time she took office, the case was already being adjudicated in the courts. It would have been considered prejudicial for the mayor to insert her opinion into the mix during investigation and trial.
Spokane_Citizen on August 10 at 6:27 a.m.
Jimvw2….everybody that comes to this forum soon learns that Dazzee (sometimes known as ‘blondscense’ and formerly known as Daisy Minken…I presume before she got booted for abusive forum behavior) is nothing but a troll…and not a particularly cleaver one at that. Logic and facts mean nothing to her…she just trots out the same misanthropic drivel…post after post. Like a f*rt on an elevator, she is best ignored.
Orphan on August 10 at 6:37 a.m.
For Nicks to all of a sudden change his mind and say what we all could see on the videos makes me wonder WHY!!!
Is Verner going to use this get tough on the Cops to run for office. Is Nicks looking to become Chief. Did the Feds finally make it clear others would go to jail for perjury if they lied in court.
Something happened besides reviewing the videos again to make this 180 turn.
I am glad this has happened but not convinced anyone did it because oit was the right thing to do, I hope I am wrong.
Send Thompson to jail for a very long time. Send anyother Cop that lied or falsified a report to jail for a short time. Never allow any of then to be a Cop again, the title of Brady should be applied to all of them.
Scoutster on August 10 at 6:57 a.m.
Isn’t lying one of the Chief’s cardinal sins?
opiemuyo on August 10 at 7:09 a.m.
There is no dry end to this turd, and it is the City’s fault. this whole thing has not been transparent from day one and we the public need to have our trust earned back by the city by transparency and amends for its actions, and lack there of.
lewis8457 on August 10 at 7:30 a.m.
jimvw please enlighten us on why it was OK for Verner to say it was Otto’s fault and he causes his own death? In fact she went on TV with Kirkpatrick to say Ottos death was justified.
she could have simply said no comment this case is under investigation and left it at that, instead she kirkpatrick, nicks, torok, thompson all said Otto was attacking with a soda bottle, and deserved to be put down.
DickAdams on August 10 at 7:36 a.m.
Just remember, Mayor Verner is in charge. And as the previous story stated, (Spokane`s finest i. e.) “acknowledged a discrepancy in their public portrayals of the event.” (says it all).
Slightlyworried on August 10 at 10:13 a.m.
Steve Tucker then: “Cops never make mistakes.”
Steve Tucker now: “Cops never make mistakes.”
rosiethump on August 10 at 10:21 a.m.
SEMANTICS (applies fully re. “Then and Now”); VERNICULAR (close); FUNGIBLE (a stretch) you choose:
“Our employees must tell the truth as they see it.” Interpretation:
Officer Thompson is responsible for the death of this poor soul, but, ‘the way I see it,’ and because of the ‘Code of Silence’ and being a fellow-officer, he’s innocent (more redundancy), that’s the way I see it!”
jimvw2 on August 10 at 11:34 a.m.
Lewis8457
I thought I was paying attention during this whole course of events. Apparently I was asleep. Please show me the quote where Verner blamed Otto and accused him of attacking the officer. I could see her restating what was in a police report in response to a question from a reporter. But she’s way too smart to blame a possible victim in the middle of investigation.
I think you may be engaging in a little creative, maybe even politcally motivated, interpretation of events?
kennyhuston on August 10 at 11:35 a.m.
It’s clearly evident that Nicks is in the wrong profession - he should parlay this media attention right into future in politics! He’s got the lying, covering-up, and spin-doctoring qualities required already! I also want to ask anyone reading this where I can get a job that allows me to beat someone to death without being immediately incarcerated and then be given a PAID 5 YEAR VACATION? Oh, also I need to make OVER DOUBLE the average salary for that city too, PLUS benefits!!!
Ron_the_Cop on August 10 at 12:31 p.m.
To get a better understanding of the issues involved here, one should read the other three ongoing threads on this breaking story:
http://www.spokesman.com/stories/2011/aug/09/xxxx/
http://www.spokesman.com/stories/2011/aug/10/shawn-vestal-truth-about-zehm-sure-took-a-while/
http://www.spokesman.com/stories/2011/aug/10/shawn-vestal-truth-about-zehm-sure-took-a-while/
Ron_the_Cop on August 10 at 12:51 p.m.
Sorry I duped on of the links. Ok here’s all four article links that now have comment threads on this breaking story:
http://www.spokesman.com/stories/2011/aug/09/xxxx/
http://www.spokesman.com/stories/2011/aug/10/city-reconsiders-zehm-strategy/
http://www.spokesman.com/stories/2011/aug/10/shawn-vestal-truth-about-zehm-sure-took-a-while/
http://www.spokesman.com/stories/2011/aug/10/key-players-and-contradictions/
Spokane_Citizen on August 10 at 5:03 p.m.
For all of you blaming Mayor Verner….and so adamant that a mayor is totally responsible for all bad things that happen on their watch…..please note that the Otto Zehm tragedy (3/18/2006) occurred early in Mayor Dennis Hession’s term of office (1/3/2006 - 11/9/2007). It would appear to a reasonable person, that the current mayor, Mary Verner, is the one helping to drag this issue out in the open once the full facts became more apparent, regardless of the political consequences….which is the sort of truly decent human being she really is.
A reasonable person would also conclude that neither mayor were early provided, by their subordinates, a complete set of facts as this depth of this mess unfolded.
brianrbreen on August 10 at 7:29 p.m.
@Spokane_Citizen
I like to believe I’m a reasonable citizen and I’m sure the Mayor is a truly decent human being, but I’m having a hard time with your contention that she is helping to drag this issue out in the open. She knew what Nicks and several other officers was going to testify to in April of 2010 when the government provided her attorneys with a proffer which included their expected testimony. But since April of 2010 up to the point she was confronted by two reporters from the SR she has said nothing nor has the chief, and now she still says nothing.
You also contend that a reasonable person would also conclude that Mayor Verner and Mayor Hession were not early provided by their subordinates a complete set of facts. Well I think it would be reasonable for anyone to expect both Mayors over the span of several years this mess has been going on to get a complete set of facts from their subordinates and then tell the public what the facts are. I would assume that would be the expectation of most reasonable voters. I would also think that if a Mayor wasn’t getting a complete set of facts from their subordinates a reasonable voter would wonder why the subordinates weren’t fired.
http://www.spokesman.com/stories/2010/apr/15/feds-testimony-altered/
http://media.spokesman.com/documents/2010/04/20100414zehm.pdf
Spokane_Citizen on August 10 at 7:44 p.m.
Brianrbreen…that is precisely my point……
Justsayin' on August 10 at 9:32 p.m.
Putting all of this together, it looks like a lot of people from the top down lied and covered up. I would like the lawsuit to name the people involved in the lying and cover-up. They are the ones who should be sued, not the taxpayers. Go after the culprits, not the citizens of Spokane. I know where the deep pockets are, but it should not be about money, it should be about punishing the ones involved. That would include everyone from the mayor on down to the last officer who helped in the cover-up. That would be justice, which would be a rarity in Spokane.
gary garrison
Justsayin' on August 10 at 10:00 p.m.
By the way, does anyone besides me have a name? What is with all the aliases? My name is Gary Garrison and I don’t care who knows it. I live in Kettle Falls, WA. Now who the hell are you? Why are you hiding?
Spokane_Citizen on August 10 at 10:14 p.m.
How brave…you live in Post Falls…not Spokane..or even in the state of Washington. Clean up your own mess …of which you’ve plenty….before you criticize…oh courageous one.
Spokane_Citizen on August 10 at 10:19 p.m.
Sorry…you’re a resident of Kettle Falls, and the state of Washington….now go mind your own business.
Ed Byrnes on August 10 at 11:47 p.m.
Gary, you will notice that others, like Brian Breen and I, do identify ourselves. Rare but not never.
Also, if you want to know what I think of this whole mess I invite to read my post following Shawn Vestel’s story on this topic.
Ed Byrnes
ChefGus/ John Olsen on August 11 at 3:07 p.m.
Gary, in case you missed it…. you can “double click” on most of the screen names and find out what people are Willing to share… I go by ChefGus but my Name is John Olsen and I live in Spokane and am in the phone book….
Most of the posters here that remain anonymous are just cowards and throw stones from behind a fence of anonymity… give them the same credibility as the Wizard of Oz deserves…. lottsa talk and no action…. A lot of the men and women that are “out”/Known are ex military… and the preponderance of those who are “hidden/not authentic” never did serve….. I think there is a connection there…. thanks for posting over time J ( jeff grey, Mathew Root, MisJustice, Diana, Maria, arch Druid..etc are all “real people” on the blogs… :))
Spokane_Citizen on August 11 at 6:17 p.m.
Some of us have significant continuing roles in the community, and a forum such as this has been known to attract the occasionally violent, and deranged, stalker. A few of the former posters now have court ordered restraining orders, and I have no intention of having one of those flakes showing up at my doorstep by revealing my actual name.
As for my record of service in the Marine Corps…I could care less if you believe I served or not. My wife of 40+ years, who accompanied me on the stateside tours, knows the truth, as does god, my children, and the men I served with.