Spokane7
65°
July 20, 2011 in City
Creach family seeks millions
Wrongful death claim filed against county
Creach
(Full-size photo)
The family of slain Spokane Valley pastor Wayne Scott Creach has filed a $14.7 million wrongful death claim against Spokane County, which is the first step in filing a civil lawsuit.
“A jury may come in and feel highly aggravated at what happened,” said the pastor’s son, Alan Creach. “They may award a very large sum.”
Spokane County Sheriff Ozzie Knezovich, who is on vacation, said Tuesday that he knows the claim has been filed. “Since it’s gone into the lawsuit phase, I don’t have any comments, per our legal advice.”
Creach was shot and killed on Aug. 25 by Deputy Brian Hirzel in the parking lot of Creach’s family business, The Plant Farm, at 14208 E. Fourth Ave. Creach was armed with a pistol as he approached the unmarked patrol car.
Hirzel, who has been cleared by prosecutors and a citizen advisory panel of any wrongdoing, told investigators that he ordered the shirtless 74-year-old to drop the gun. Creach initially refused but eventually put his gun in the back waistband of his pants.
According to department records, Hirzel said he ordered Creach on the ground and struck him in the leg with his baton after he refused. Hirzel said Creach then grabbed for his .45 caliber pistol and the deputy fired when he could see the butt of Creach’s gun.
“The property owner lost his life, and we think that is totally wrong,” Alan Creach said. “Yet, law enforcement didn’t do anything to solve what we see as a very serious problem. We want to make sure the sheriff is bound by the same laws that we as citizens are.”
1992 murder trial begins against sex offender 
DHF on July 20 at 5:02 a.m.
Hirzel shoots Creach then goes on vacation. A lawsuit is filed and Ozzie is on vacation. Who is not on vacation that works there. I trust that the Creach family will get justice from there peers and that this case can be closed.
Ron_the_Cop on July 20 at 5:48 a.m.
There is an earlier comment thread in the first version of this article:
http://www.spokesman.com/stories/2011/jul/19/creach-family-files-15-million-claim-against-count/
lewis8457 on July 20 at 6:37 a.m.
Lets all pray Creach family gets justice from their peers they sure didn’t get it from our local law enforcement.
Orphan on July 20 at 7:03 a.m.
Well its obvious that there will not be any justice going through the other channels avaliable so sue away. I hope the family gets millions and Sheriffs Deputys drive marked cars from then on.
The big problem is the citizens have to pay for this not Ozzie or Hirzel. I hope the Creaches can find a way to get to Hirzel. Only when the individual officers are paying damages will this kind of injustice stop.
Most of ther shootings in Spokane have been justified but this one still stinks to high heaven.
lewis8457 on July 20 at 9:10 a.m.
Well it seems to me there are a few more innocents being killed them Mr. Creach how about Mr. Dodd was shot for holding a rock in his hand or the guy that a cop ran over in a crosswalk because the cop was texting and speeding at the same time. And of course how about the transient Torok murdered in an alley after he and his buddies tortured Otto Zehm into a coma, and the list continues. Suicidal man was shot 8 times because he answered the door with a toy gun in his hand, or the young man that had 5 bullets blasted into his body when he was already down and his knife was several feet away? Drunken gay cop shoots man in head and leaves him for dead because he was afraid all the guys would find out he was gay.
Sadly in the state of Washington we have no civil liberties when dealing with the police if you are asked anything by a cop you have just then instantly lost your civil liberties, which means he can do anything he wants including kill you and you can not resist or fight back. Your only right is to die. Your death is justified before your heart even stops beating.
In fact it seems by SR crack reporting if a person is depressed or suicidal our society seems to be OK with the cops killing those people. Anytime a person is killed any dirt in their past has to be reported, but the cop fact he cheats on his wife beats his kids and is a drunk goes unreported.
Orphan yes we will have to pay but how much will be left for their fat salaries? If they want their revenue steam going to lawsuit pay offs great just means less cops on the road, less chances to be murdered I like the odds, much better value for my money.
It is coming look at the high unemployment lack of decent paying jobs, where do they think the money is coming from if not from their own pockets?
Just wait they are shooting themselves in the foot at some point the populace will revolt and then they will wish to god they played nice.
Orphan on July 20 at 9:36 a.m.
Lewis I cant agrue with you there, I would prefer honest Cops on the street but if I cant have 100% honest Cops I would prefer less Cops.
Squid on July 20 at 9:59 a.m.
The County is giving away our money again.
Ron_the_Cop on July 20 at 11:00 a.m.
Squid, Lewis, Orphan and DHF,
I too share your concerns regarding public agencies do self-evaluation to minimize potential liability exposure without being forced to do so by civil suit. It’s cheaper in the long run. After all its WE taxpayers that have to underwrite these judgments.
I just posted a comment in the other thread on this point and also Sheriff Knezovich has told me he’s willing to consider making changes.
I will post this comment shortly in this thread too.
Ron_the_Cop on July 20 at 11:03 a.m.
From the other thread:
Remember_alamo
I met with the Sheriff, his IA detective and SPD Ombudsman Tim Burns for three hours two weeks ago to discuss the Creach OIS.
There are specific areas where we will have to agree to disagree in the Creach OIS that ultimately a jury will have to deliberate and decide what the truth is after hearing all the evidence and testimony.
On the other hand like all organizations that experience a critical incident there are always areas where the incident response can be improved and also from a policy and procedure perspective where changes can be made to prevent and or at least minimize future tragic events. As a taxpayer I would expect a public agency to do this self-evaluation for risk control without being forced to act because of subsequent civil suits. The airline industry and hospitals/medical profession have changed course over the last fifteen years to quickly acknowledge when mistakes are made and to make changes to minimize potential litigation exposure.
One of my main concerns is the regular use of unmarked police units for routine patrol and traffic enforcement by law enforcement. Granted Dep. Hirzel exited his unit in full uniform as he said he did (Note: Dep. Hirzel was in regular uniform and not BDUs), the issue of the unmarked unit is much less relevant. Had this been a marked unit, this issue of identification would not be a plaintiff’s issue. As I’ve discussed in other threads, the marginal tactical advantage of using these unmarked units for regular patrol et al is outweighed by greater public safety issues. The risk is always additive and eventually the dice will come up craps e.g., the shuttle disasters.
The Sheriff said he’s is open to consider recommendations for changes where the incident response can be improved and where policy and procedure changes can minimize future such tragic events. He has already implemented some changes (See the other threads). I have since provided him with a list and will leave it to him whether he chooses to share them publicly.
I will report that the Sheriff said he is no longer using unmarked units for regular patrol. Only patrol shift supervisor are now driving unmarked units. The Sheriff would not give such a commitment for traffic enforcement. There is an actual issue in controversy here whether under existing RCWs if local police and sheriffs have the authority to use unmarked vehicles for regular patrol and traffic enforcement. I gave the Sheriff several recommendations how to resolve this uncertainty.
notw1 on July 20 at 11:42 a.m.
Is this the same PASTOR FACE he had when he was approaching a FULLY UNIFORMED officer in an unmarked car ( I have Never seen an UNMARKED car that I have not known was one before!) or the same kind PASTOR that was known for his bizzare actions with a gun in the past!!! maby he did not have his hearing aids in when he was instructed (probably yelled at! very loudly) to put HIS GUN DOWN!!! suing the county for wrongfull death really brings out the TRUE intent of the CREACH FAMILY…..MONEY, MONEY, MONEY if PASTOR CREACH really was a REAL PASTOR trying to do what JESUS really wanted him to do? would he have done what HE did that night! NO WAY, real MEN OF GOD DO NOT CONFRONT SHERIFFS WITH LOADED WEAPONS AND THERE BLOOD FAMILY DO NOT START LAWSUITS! SHAME ON YOU CREACH FAMILY YOU WILL BE JUDGED SOMEDAY SO SPEND THE MONEY HERE AND ENJOY THE BENEFITS OF YOUR FATHERS DEATH!
Ron_the_Cop on July 20 at 11:52 a.m.
Notwi - Chill a little - not all is as it appears to be on first blush. Read the prior threads.
This was a very tragic event for all involved including Dep. Hirzel. This was a series of events that led to a cascading failure with a very tragic outcome. There are police policy and procedure issues that transcend this event that must be addressed to prevent and or minimize future incidents,
Orphan on July 20 at 12:09 p.m.
notw1 Why was Creach not arrested for his bizzar actions with a gun, oh they must have been legal. So if Creach did nothing unlawful why do you bring it up.
I have seen plenty of cars that look like unmarked police cars. there is one security firm I see all the time that uses a big multi point star on their doors.
A law abiding man most likely did not expect to shot down in his driveway simply because he was armed after all he was not breaking the law.
The suit will judged in a court of law and will be decided on its own merit. Money will only be awarded if the case is upheld by the law. You do believe in our laws right or do you believe there sould be no recourse againt the goverment or police?
DickAdams on July 20 at 12:27 p.m.
I wonder if Hirzel continues to supplement his income selling porno wares? I do wonder to this day, if Hirzel was close enough to hit the Pastor with his baton why then did he gun him down? I`m hoping the law suit will finally bring justice and closure and the sheriffs deputy is exposed as one sorry LE officer. Law enforcement does not need people like Hirzel. Period.
Squid on July 20 at 1:43 p.m.
There is a notw1 born every minute. I am guessing he is a cop from his attitude.
One of the biggest problems I have with this entire story is that NO ONE heard Hirzel yell ANYTHING!!! No commands whatsoever. There were two witnesses that heard nothing from the murderer, but heard Creach scream in fear of his life. This is what will win a civil suit and uncover the real truth.
Once again, I really hope this case changes the attitude of police. That attitude is that everyone is a dangerous criminal and out to kill them, so if you twitch, you die. Wind blows, you die. Breathe, you die. Happens way too often, but only to productive family men. Never happens to the thugs who are an actual danger to our community. The police are never at fault in any way. The craziest example of this is Shonto Pete, unarmed and running for his life and getting shot in the back of his head by a drunken cop, yet neither Olsen or the City were at fault.
How many people with knives, BB guns, toys, plastic pop bottles, or rocks have been shot and killed by our assassins?
Maybe, just maybe, the public would have a more favorable view of the police if the officers who screw up were fired, or charged with a crime…. Just once. I know Thompson was, but only because the FBI got involved. It’s doubtful that Thompson will ever go to trial. I know one of the drunk driving cops out of three was charged, but it just disappeared. Been many years since that happened and I am guessing the charges were dismissed with prejudice.
Civil court is the only hope anyone has that things will change. Hell, I am pretty far from being happy that the public will have to pay millions for Hirzel’s sins. I am in full agreement that Hirzel should be held accountable for his own actions. He should be sued, and only him. All cops should worry that they will be held accountable to keep them from our continuous bloodbath of productive family men. Doctors are held accountable for their screw ups, even if they are employees. Why not cops? I would even go as far as forcing the cops to pay for their own lawyers and all court costs.
The_Seer on July 20 at 2:12 p.m.
I know people who worked for Creach through the years, ones who were enrolled in the Horticulture program at S.C.C. You can bet some of them will be called as witnesses at this trial. He wasn’t the saint his family wishes him to be and by many accounts was a petty, mean, close-minded authoritarian. I’m not saying that means he should have been shot and killed, but I think it’s ludicrous to claim he didn’t contribute to his untimely demise.
I never had these questions answered and I feel they are germane to the reportage of this story: Is the Creach family pursuing this litigation with their own funds? If not, which law firm took this case on contingency? Are those questions not relevant?
Orphan on July 20 at 3:19 p.m.
Seer said “I’m not saying that means he should have been shot and killed,” then why did you say it? Just so you know thats whats going to happen in court as well.
If a law firm took it on contingency they hands down think they can win, that would say a lot.
How is someone being a student or an employee years, days or months ago relivent to what happened the night Hirzel murdered Creach?
You do realize that only the actions at that time and place will come into play in a court of law. If it were not so then every one that had commited a crime would automaticaly be guilty the moment they were arrested again for the same crime.
So in your mind if someone has been a jerk its OK for the Cops to shoot them.
MaoTenDoo on July 20 at 4:19 p.m.
Spokane is long overdue in establishing a Citizen Police Review Board, one composed of an independent & transparent committee of civilians, such as those established by New York, Pittsburgh, Oakland, San Diego, Cleveland, Minneapolis, etc.
It seems that, more often than not, police are incapable of policing themselves.
gonefishin1 on July 20 at 4:57 p.m.
Spokane is long overdue to have the feds step in and tell the city and the county what a crappy job they have done and what a disservice they have done for the citizens. Their is alot of good officers on the force (SPF and SO) but its the thugs and officers that had borderline psych tests that make the community refer to our local cops as gestapo. Trust me, we will never get a citizen review board with any teath, the unions will prevent this. The Creach family will get a big chunk of change and, this all could have been recorded if the officer wore a personal viedo camera which are available from many vendors. One such model is in the officers lapel mic for his radio and is 3-500 bucks. But once again loacl law enforcment will have no problems with this, make some minor adjustments and my taxes will go up to pay for gestapo tatics.
lewis8457 on July 20 at 6:55 p.m.
notw1 Creach gun did not have a bullet in the chamber so he did not go with a loaded gun. Get your facts straight you just make yourself look like a fool, oink, oink.
All anyone wants is the bad cops to get fired. how can any good cop be proud of the badge he wears knowing the good ol boy club has every citizen besides spokanecitizen and notw1 discussed with the SPD?
D Statler on July 20 at 10:03 p.m.
I think I would have tried to protect myself too if a out of control cop started pounding on me with a club. Mr Creach probably was affraid for his life. I’m sorry that Mr. Creach didn’t lay his gun on the ground. He may still be with us today. Deputy Hirzel needs to be sent back to California where he came from!
As for the Dodd case. I have read to corroners report and they list the cause of death as homicide. He actually had keys in his hand when he was murdered.He was stone cold sober. There was an hour between the time he was shot and the time he was in the argument at his halfway house.The rock was part of a collection. I believe that it was in his pocket when he was murdered. There was numerous other facts in the reports that didn’t match the murdering cops statements. The Dodd family will win their lawsuit also.
I hope the family of the man killed in the crosswalk are well taken care of too.That tragedy really was an accident. :^( Maybe everyone should start sueing the police guild instead of the city and county. They are the ones keeping these bad cops on our Police forces.Would be great to take them outta buisness!
The_Seer on July 20 at 11:13 p.m.
orphan: I only stated the Creach family is delusional if they don’t think their father’s behavior, which as part of a pattern of behavior, wasn’t partially responsible for what happened.
It’s horrible that a citizen was killed by the police while defending his property. But it didn’t have to go the way it did. One person made a stupid choice that lead to other equally stupid choices. We both know who that “one person” was.
lewis8457 on July 20 at 11:22 p.m.
It is horrible when any citizen is killed unless they are shooting back at the police. But sadly in Washington state it is perfectly legal.
lewis8457 on July 21 at 7:58 a.m.
the seer ……….the one person was Hirzel right he had every chance and the training to end confrontation in peace but instead he shot a man at arms length.
i think instead of making a mistake he acted like a coward.
The_Seer on July 21 at 10:03 a.m.
Lewis: I didn’t name names on purpose. Everyone gets to decide for themselves because they weren’t there.
deerbandit on July 21 at 5:14 p.m.
Unfortunately Mr. Creach caused his own death. If he had called 911 before arming himself and going outside. Or if he had put down the gun when the Officer in uniform told him to put the gun down he would be alive right now. I am not a Police Officer but if you walk up to me with a gun pointed at me I will shoot you. If a Police Officer in uniform tells me to drop my gun I will do it. If I dont like the way he handled the situation I would make a complaint to his Agency and then I would go to the press. Mr. Creach caused his own death, remember the Police dont know who you are and if you walk up on them with a gun out you are going to have problems. Use the brain God gave you and think.
mary1958 on December 06 at 8:11 p.m.
“Protect his property” Interesting statement. You may have the right to carry a weapon with a concealed weapons permit but you do not have the right to point it or shoot it unless someone wants to shoot you. Very tricky this “right to bare arms” thing. You don’t have the legal right to just shoot a trespasser. You don’t have the right to even hit a trespasser with the gun–- you must call LE to remove the trespasser. If the suspect then enters your building you may shoot to kill but make sure he is all the way in. Make sure he isn’t a loved one. If Creach knew all this and was just palming the gun in case someone tried to shoot him, why was his gun not able to fire a round? Creach made a mistake and the county or anyone else should not have to pay. Unmarked patrol cars are only helpful usually because you cannot immediately tell from a distance that they are LE. Anyone who has lived in this county as an adult knows what an unmarked patrol car looks like. They have spot lights, lit computers, antennas, and an XMT on the license plate. They also have the same shape (make/model) as a marked one. So someone was parked in his parking lot? That doesn’t mean someone is dangerous. How many times have you parked in a business lot to check a map or eat your sandwich.