January 4, 2011 in News, City

Civil trial begins over deputy’s use of Taser

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A Spokane County Sheriff’s detective who has been the subject of a number of use-of-force complaints appeared in court Tuesday as a civil trial began by a man who claimed that he was unnecessarily shocked by a Taser during a traffic stop.

Daniel B. Strange, 41, filed a $1.5 million excessive force lawsuit against Spokane County in 2006 after a traffic stop on Jan. 22 of that year in which Deputy Jeff Welton shot Strange with a Taser during a traffic stop in Spokane Valley.

“This is a case about public trust. It’s about abuse of law enforcement power,” Strange’s attorney, Mary Schultz, told the jury. “There is nothing more important to us than the compliance of this code in the middle of the night with an armed officer.”

But Heather Yakely, who is representing Spokane County in the suit, said Welton — who was promoted last year to detective by Sheriff Ozzie Knezovich — felt threatened when Strange got out of his car.

“Mr. Strange believes the use of the Taser was unnecessary and excessive force,” Yakely said. “Based upon (Welton’s) training, that was the appropriate action to take.”

The incident began when Strange left a Spokane Valley bar at closing time with his girlfriend, who has since become his wife. She was driving his 1983 Mazda RX7 and apparently squealed the tires as she left the bar parking lot. Welton was nearby in a patrol car with a civilian ride-along and stopped the Mazda at the Interstate 90 and Argonne Road interchange.

Strange, from his passenger seat, questioned the purpose of the stop and became angry when Welton, according to Shultz, slammed the driver’s side door so hard that it cracked the windshield.

At that point, Strange got out of the passenger door; Shultz said Welton drew his service pistol and aimed it at Strange, then grabbed his Taser. Shultz said Welton ordered Strange back in the car or he would use the Taser.

Strange was getting in the car when the Taser probes hit him in the back, Schultz said.

But Yakely said Strange didn’t hear Welton correctly. She said Welton told Strange that he was under arrest – deputies are trained to prevent anyone under arrest from getting back into a car. Sheriff’s witnesses will “tell you Deputy Welton’s actions absolutely fell within procedures,” Yakely said.

Schultz referred to a report she filed in the case by T. Michael Nault, a former King County police commander who worked on the Green River killer investigations. In it, Nault wrote that the sheriff’s office’s patrol division received 42 excessive force complaints between 2001 and 2006 and that 13 named Welton.

“His actions and behaviors in this matter were sufficiently egregious so as to constitute an embarrassment to the law enforcement profession,” wrote Nault, who was hired as expert witness.

But Knezovich, who said he promoted Welton because of his work ethic and performance, said he asked his Office of Professional Standards to review the same records and could only find 27 excessive force complaints against the patrol division between 2001 and 2008. Of those, five name Welton.

“I don’t think those were all use of force. Some were demeanor complaints,” he said. “I don’t believe any of them were substantiated.”

13 comments on this story so far. Add yours!

• 

  wildwulf on January 04 at 8:30 p.m.

  5 registered compaints in 7yr or 13 in less yrs. is still unprofessional in my book. How many of us who work for a company would be given that many mistakes…as an industrial painter myself …we cannot afford mistakes like that. No mention of repremand in the statement hmmmm

• 

  misjustice on January 04 at 8:34 p.m.

  Was this another “lateral” transfer?

• 

  notanidiot101 on January 04 at 8:38 p.m.

  I am sure not many of us work for someone who would give us this many “complaints” before getting fired. BUT, how many of us work with drunks, people that assault other people when they get mad, or any other “type” of hostile environment that police work with every day. I highly doubt that an industrial painter has to deal with this type of “client”. It’s all relative.

• 

  eagleproducer on January 04 at 8:39 p.m.

  Reprimand?

  Hell, he got promoted!

• 

  Kivaari on January 04 at 9:07 p.m.

  If a police officer doesn’t get complaints, they are not doing the job. Most complaints are really silly stuff. Like, The officer didn’t smile; The officer wouldn’t take off his sun glasses so I could see into his soul; The officer asked for my social security number, and when I didn’t give it to him, he had the dispatcher read it over the radio; The officer stopped me because I was (insert any non-white race here); I was not going 55 MPH in a 35 zone, I was only going 50, and I still got a ticket for doing 45 MPH in a 35 zone; I didn’t stop at the sign, because the police car was far enough away, it didn’t matter; The officer said “s..t” while he was talking to my brother (the registered level 3 sex offender, restricted from being with female children) and was with two girls; I kept going faster because the police car was getting closer, and yes the red and blue lights were on; I didn’t pull over because the flashing headlights I thought were from a road rage guy; and and so many more.

• 

  Dazzeetrader11 on January 04 at 9:33 p.m.

  Oh Please Kivaari..maybe a Norstrom clerk but not this. SOunds like Welton’s a punk who attracts trouble. We pay for this crap. Full of complaints..he needs another line of work. He’s a cop with weapons. “Let’s go taunt the public!!”…when they respond, let’s blame it on them! and maybe even taze them! Fire this guy….

• 

  truthseaker99 on January 04 at 9:58 p.m.

  Well, it sounds like we are going to hear something other than the police side of a story. Let’s hear what the jury has to say. I hope and trust each side has competent counsel. The police could stand some non biased PR if no judgement is found and the plaintiff could probably feel some vindication and redress if the reverse is found to be true. Let’s wait before we make a judgement.

• 

  lewis8457 on January 04 at 10:16 p.m.

  this is their example. and we are supposed to trust they have our best interests at heart. Ozzie knew the guy had at least 5 complaints against him by the PUBLIC but promoted him any way. Same thing with Karl Thompson he and six of Spokane finest beat Otto Zehm to death in a mini mart what does SPD do with Thompson? They promote him to head trainer in arrest procedures a man that beat a disabled man over the head with a baton and lied about it is training other officers. Hard to believe but true.

• 

  Dazzeetrader11 on January 04 at 11:17 p.m.

  lewis…like Ive said before..the FBI or some outside agency needs to come and see for themselves. I’ve lived in lots of cities..big ones…this is beginning to sound like a simple failure of supervision and controls. Obviously the Police Union is strong…this is getting ridiculous. Verner won’t even speak up on anything….nor will Fitzpatrick. Allwe hear is the sanitized police version. As with Mr Creach…..death destroys the other evidence. Same with Otto. When Nicks stole the videocam evidence, he should have been prosecuted for obstruction and sent packin. Verner knows and she won’t talk. All of them appear to be waiting to look at their own options. ….the longer the delay the better.

  Nothing has happened…and won’t. All this looks like delay tactics.they do think they can find a way out and people will forget. Ozzie was so intimidating to his own guys, nobody could find someone to run against him. That’s ALL you need to know. When that happens, it’s mandatory that someone outside the system come and evaluate.

• 

  nannette on January 04 at 11:32 p.m.

  Otto Zehm

• 

  saveyourtatas on January 05 at 2:14 p.m.

  OZZIE? Intimidate? OK, now I know you are full of it. My family knows Ozzie very well and we have seen him in many situations. He is a class act and a big teddy bear with kids and puppies. When he has to be tough, he can and does chew nails and glass. He is the kind of man you want next to you in a foxhole. But he does not intimidate his guys. Many of his deputies love Ozzie and speak highly of him in whispering circles where you might expect a small complaint. Ozzie is the polar opposite of Kirkpatrick. Knezovich is the only public leader / voice on the issue of OIS. We need more Ozzies and fewer Thompsons/Hirzels/Toroks.

• 

  nannette on January 06 at 2:40 a.m.

  Green river investigation? Relevance????

• 

  TheRoyLarsen on January 06 at 5:41 a.m.

  Nicks stole the video? Who is Fitzpatrick? One thing’s for sure. It’s STRANGE.