Spokane7
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December 3, 2011 in City
Effort to recall Tucker is official
Sullivan files charges with county auditor
Recall charges were filed Friday against Spokane County Prosecuting Attorney Steve Tucker alleging that he has failed to perform his duties and has violated his oath of office.
Shannon Sullivan, who led a successful recall of the late Spokane Mayor Jim West in 2005, handed her charges to Auditor Vicky Dalton, who will now send them to the state attorney general’s office to write a ballot synopsis.
A Superior Court judge would then review the charges for sufficiency before they could go out for signature gathering. More than 42,000 county voters would have to sign the petition to place the recall on the ballot.
Sullivan was joined by several supporters during the filing.
Her charges accuse Tucker of malfeasance, misfeasance and violation of his oath of office, allegations that in part stem from Tucker’s refusal to bring charges in the Spokane police beating death of Otto Zehm in 2006 and his recent refusal to appear in court to explain a plea bargain deal.
She also alleges malfeasance for failure to bring charges against a former Spokane firefighter following a sexual encounter in a firehouse.
A fourth charge involves an alleged public statement by Tucker that he would never bring a criminal case against a police officer or public employee.
Returning farmland to a state of nature 
Slightlyworried on December 03 at 12:10 a.m.
How ironic that Tucker is out of the country playing golf on the very day a recall petition is filed alleging he has failed to do his job. I wonder if area bartenders and golf pros will be called to testify at some point?
D Statler on December 03 at 8:09 a.m.
I wish the rest of us could afford a vacation :^(
lewis8457 on December 03 at 12:26 p.m.
he isn’t scared he has all government workers on his side how do you think he keeps getting re elected? all he needs his 3 or 4% vote from average Joe and he has it in the bag again.
If you were a government worker who would you vote for a guy gives you a free pass or a guy who would charge you?
as time goes by government is getting so big 50% of the voting public will be government paid worker in some form, then what? Guess what we are there now.
That is how Tucker keeps getting elected.
Ron_the_Cop on December 03 at 5:25 p.m.
BTW here’s the transcript of the court hearing where Steve Tucker stood up Judge Hayes on the plea deal he brokered:
Judge Hayes according to transcripts: “So, declined to come to court on a case where he actually did the plea negotiations and he ordered you to come up and cover for him?” “That’s correct, your honor.” Garvin said.
Ed Byrnes on December 03 at 9:48 p.m.
The offender who used excessive force against Otto Zehm was recently convicted; A formal recall filed against Tucker; A mayoral request for a federal investigation of the SPD. It’s beginning to appear that the times are changing here in Spokane.
Ed
Shelala on December 04 at 10:12 a.m.
I took the time today to go back into the SR archives and read all the stories involving Otto Zehm’s death, officer involved shootings, Tucker stories and other LE incidents that created a public stir. I have read every other news account, citizen’s comment and information I could find involving our region’s controversial issues. I feel dirty. As a tax paying citizen and a fellow human being, I think I should have camped on the doorsteps of the courthouse and screamed for change and accountability until they hauled me away. I have been critical of Sullivan’s recall efforts because I questioned her motives and feel she just wasn’t the person for the job, but she is at least stepping up. We ALL need to do just that before more lives are damaged or lost needlessly. Write a letter, sign a petition, go to a city council meeting, speak up. Take back our community. I am also ashamed of all the so called “good cops” out there. Your silence speaks for itself. If you can’t do it for yourself, do it in memory of all those who died, harmed and otherwise victimized by a system out of control. I urge you all to educate yourself on all that has transpired by all news sources and anything else you can find good or bad. If nothing else, you will realize a change was due long ago. If you ask yourself how this could happen. Look in the mirror.
Ron_the_Cop on December 04 at 10:39 a.m.
Shelala,
One word - WOW!!!
Everyone please spread Shelala’s words to all those in your social networks.
Truthbtold on December 04 at 2:58 p.m.
Shelala; Thank you for doing your research, if “we” as citizens did more of it, our country would be a better place.
I can understand you questioning my motivation, many have and do. As I am sure you are fully aware that I myself am not free of sin or stupid mistakes. But I assure you the only motivation in this recall, as well as the Jim West recall is “OUR” community.
It is my feeling that we all have to stand up and be counted. I gained NOTHING during the recall of West, except bankruptcy and my named drugged through the mud….Oh no wait……I did gain something…Something that made it all worth it, putting the vote back to the people.
I have at present NO intention of running for any kind of public office….and not sure that I ever will. I can’t stand the system and everything that goes on behind the scenes. To be blatantly honest, I couldn’t keep my damn mouth shut that long, and would probably be recalled within days of taking office.
It has also been said that I am doing this to build a name so when I do get my law degree I will be well established. Well, it’s been 5 years since I started my educational journey at SFCC, and I still have a few more classes to complete my AAS. Even if I do actually obtain my law degree, (which is obviously not on the fast track) not sure that I will ever actually practice. The reason I started getting educate was an “inner soul” issue. I got so tired of them calling me the “uneducated, single, northside mother” during the West recall. Plus, education is the key to unlock the door from poverty.
I knew VERY well going into this that I would “take the hits” but after much prayer, I decided that to simply set back and do nothing would have been worse.
Thank for your support of the Recall. You are so right, we all need to get involved and hold these “elected officials” accountable, they seem to forget that we as tax payers pay them….
Have a great day………I will, your comment reiterated that I am doing the right thing…hits and all…. :)
Ron_the_Cop on December 04 at 3:12 p.m.
Shelala,
Thanks for your excellent comment. I had this in the works but hadn’t posted it yet.
The regulars have thoroughly discussed this recall effort now underway in two previous S-R article threads. Feel free to weigh in on this important community debate pro, con and or undecided:
http://www.spokesman.com/stories/2011/dec/02/sullivan-plans-to-file-recall-charges-against/
Contrary to what some of our elected or appointed believe, they have become complacent in their positions and or have failed to uphold their sworn duties and responsibilities.
It is WE THE PEOPLE that empower them to govern. It is WE THE PEOPLE that also must hold them accountable
Some believe there have been too many police involved related deaths of “friendlies.” There are others that believe the actions of those who died were the fundamental cause.
IMO in which I’ve been outspoken there has been a failure of police leadership to lead by example and demand excellence of the police rank and file. Civilian law enforcement is very challenging and frequently calls for split second decisions. While somewhat physically dangerous, it’s much more mentally challenging and stressful. This stress leads to shortened life spans of police office because of stress induced illnesses. Also there is a distinct difference between the rules of engagement of the military in a war zone and that of civilian law enforcement in a civil society. Civilian law enforcement must not devolve into them vs. us . After all it is we who are the police and the police are us.
.
Police leadership must set the tone. Mistakes will be made as police officers are only human. However when mistakes are made the leadership must recognize them and work to correct policies, procedures and practice to minimize them from happening again.
From the Zehm case it is clear in some of these deaths police leaders will attempt to conceal mistakes in order to limit potential liability. In the Zehm case there was an active cover-up by high ranking police officials, the City Attorney’s Office and the Office of the Mayor. This is UNACCEPTABLE as the necessary changes will not occur and the liability to the taxpayers will only grow.
If the US Attorney’s Office/US DOJ continues with its criminal investigation to seek out all those who were complicit in the cover-up and does pattern and practice investigation, this will correct many of the underlying causes that led to our current state of affairs. The citizens recognized this need for change in the last election. A otherwise popular mayor was not returned to office because of her disingenuous statements and failure to act decisively in the Zehm case. What remains to be done is to hold others in the criminal justice system that failed to act as well. In the case of Tucker he may be beyond the scope of the current federal criminal investigation.
IMO Steve Tucker abdicated his office and violated his sworn oath to the people. More so than anyone else it is the County Prosecutor’s duty and responsibility to ensure these OIS/OID investigations are thorough and a real search for the truth. Tucker more than anyone else could have raised the professional bar in these investigations. Instead of accepting at face value these investigations from the police by sending these investigations back for further work and and forcing the HARD QUESTIONS to be asked. Not that this would have resulted in criminal charges be filed but it would have helped uncover mistakes when they were made so they could be addressed and dealt with openly instead of sweeping them under the rug. Instead Tucker deferred to those police leaders that swept these incidents under the rung.
[Continued]
Ron_the_Cop on December 04 at 3:25 p.m.
[Continued from above]
Some have argued that Tucker can be held accountable at the next election. I respectfully disagree as he still has three years in office. We can’t financially afford his inaction in office. The Zehm case alone will probably cost upwards of $10 million dollars. Yes the City is reinsured above $2M by this will be reflected in higher premium costs and or failure to get such insurance.
The Creach civil federal civil rights case has now been filed and likely will end up costing more money too. I’M NOT SAYING that the facts and circumstance in the Creach case warranted a criminal filing but there are civil wrongful death issues that a jury must now deliberate on. The SPD led Creach OIS investigation was not a stellar work product which compromised the subsequent IA investigation by the SO.
Because LE officials are reluctant to admit that mistakes were made, it is unknown whether the necessary changes in police policy, procedure and training have been done e.g., unmarked police cars used for regular patrol and training re encountering armed citizens. IMO opinion the single most critical factor in this OIS was the use of the unmarked police unit for regular patrol. As an aside IMO such use is not permitted under existing exception in the RCWs for unmarked police vehicle. Both Mr. Creach and Deputy Hirzel made mistakes that led to a catastrophic failure.
The question remains have changes been made to minimize a similar incident from happening again?
brianrbreen on December 04 at 4:04 p.m.
@Shelala
Not sure if you caught this one: “The Saga of Sergeant Pete Bunch”. It makes for some interesting reading, especially the play between the County and City Prosecutors. You would have to read all of the documents, but in the end what you would find is that even though the City Prosecutor refused to charge him, the County Prosecutor could have but never did.
http://www.spokesman.com/tags/patrick-pete-bunch/
brianrbreen on December 04 at 4:20 p.m.
@Shelala
I can’t remember if this document was in the SRs documents or not. But I had a real laugh after I read this.
http://cforjustice.org/wp-content/uploads/2009/04/bunch-press-release.pdf
brianrbreen on December 04 at 4:30 p.m.
@Shelala
Then you have to compare the link above to this email exchange between Mark Lindsey in the Spokane County Prosecutors Office and Lt. Rose the Sheriff’s IA Investigator.
http://media.spokesman.com/documents/2009/04/20090407_bunch_legal_email.pdf
@Justme09
I know I need a life.
Shelala on December 04 at 5:27 p.m.
@Brian
Yes, I recall this incident. I also know a heck of lot more that never made it to IA. I remember a time eons ago in which a local burger joint allowed late night officers to enter and make a sandwich or two, but the practice was shut down after some of the finest stole most of his cheese/meat inventory. I’ve seen pro bono attorneys locking lips in parking lots with their criminally charged clients (we called them pro boners). I have seen Judges with ties to collection agencies rule on debtors facing garnishments. My point being, that some of the people we put our trust in are not super heros and sometimes not heros at all. Citizens need to mark their ballots carefully when voting and speak out when they fail to deliver. It goes back to that carp conversation I had with you earlier. Much easier not to put them in roles of authority in the first place then try to remove them later.
brianrbreen on December 04 at 5:34 p.m.
@Shelala
Amen !!!!, and as Ms. Sullivan has learned when you do speak up it ain’t no picnic.
Shelala on December 04 at 6:39 p.m.
Yup, and I have slung my own arrows at her, but I can’t fault her for standing up and giving it a go.
Ron_the_Cop on December 04 at 9:10 p.m.
Yep Brian you just confirmed my opinion of the Spokane City Attorney’s Office and it’s propensity to cover for criminal behavior of law enforcement personnel.
brianrbreen on December 04 at 9:26 p.m.
@Ron_the_Cop
The sad thing is that SPD booked him under City Obstructing and Resisting Charges. Had the Spokane County Prosecuting Attorney chosen to do so they could have charged him under the State Charges for the same offenses, even if Delaney decided he wouldn’t. But for some reason they didn’t despite the opinion Lindsey gave Rose.
Ron_the_Cop on December 05 at 11:39 a.m.
FYI in case anyone is interested in hearing Shannon speak on this recall and the reasons why she felt compelled to launch this campaign:
Spokane, WA - Media Alert
Shannon Sullivan who launched a recall of Spokane Co Prosecutor Steve Tucker of malfeasance, misfeasance in office and violating his oath of office will appear on the Mike Fitzimmons’ Talk Show KXLY 920AM this afternoon at 3PM. Fitzsimmons’ show is live streamed at http://tunein.com/radio/KXLY-920-s26511/ . Follow this recall effort at Recall Steve Tucker on FaceBook. See the statement of charges on KXLY’s webpage:
http://www.kxly.com/news/29900431/detail.html
Shannon Sullivan mounting effort to recall Prosecutor Steve Tucker
Sullivan led successful grassroots effort to recall Spokane Mayor Jim West in 2005
Sadbuttrue on December 05 at 2:51 p.m.
Burn baby Burn!
It is good when the enraged citizenry take a scorched earth policy against the corrupt bullies that torment and dissemble.
It is becoming abundantly clear that cops CAN and MUST behave in a civilized manner. In both Washington DC and New York, the police were exemplary in evicting the Occupy protesters from parks. No mace, no violence, no goose-stepping “support 505” goons disrupting and profaning court proceedings. Just straightforward professionalism.
The sorry collection of unrestrained thugs, bizarre bullies, pathetic goons and armed punks we have tolerated in the Inland Northwest are far far below the minimum standards that civilization has a right to expect from a legitimate police force. This is not Libya, Syria, or Iran.
And for all of the so-called absentee “good cops:” your silence indicates support.
nosheet on December 05 at 7:37 p.m.
My god…you people really need to move out of your mom’s basement and get jobs….
Slightlyworried on December 05 at 11:23 p.m.
@nosheet
My God … you really need to find an insult that isn’t tired and over used by lazy people.
Ron_the_Cop on December 06 at 4:34 p.m.
I just posted a related comment in Doug Clark’s column thread today -
http://www.spokesman.com/stories/2011/dec/06/voters-just-arent-tuckered-out-yet/?comments#c381647
Slightlyworried on December 07 at 1:56 p.m.
When Tucker said he would be a ‘hands on’ prosecutor, I didn’t realize he was talking about his golf clubs and a beer glass.