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March 23, 2011 in City
WSP officer won’t face charges in shooting of pregnant woman
A Washington State Patrol sergeant who shot an unarmed pregnant woman during a drug raid in Spokane last fall will not face criminal charges, officials confirmed Tuesday.
Sgt. Lee Slemp has been on paid administrative leave since the Sept. 24 incident. He will return to work today in an administrative position while WSP conducts an internal investigation into the shooting, said Bob Calkins, spokesman for WSP.
Slemp told investigators he shot Keamia D. Powell, 24, by accident as he was trying to stop her from escaping out a window at 1405 N. Lincoln St. Slemp and other members of the Quad Cities Drug Task Force were searching the apartment as part of a crack cocaine investigation.
For law enforcement to face criminal charges in Washington, prosecutors must believe the officers acted with malice, not just negligence. Spokane County Prosecutor Steve Tucker and Chief Deputy Prosecutor Jack Driscoll, who reviews officer-involved shootings, did not return phone calls seeking comment on Tuesday.
Slemp has said he had his gun drawn while corralling suspects and accidentally fired it when Powell tried to climb out the window, investigators say.
Powell, who was nine months pregnant, delivered her baby at a hospital after the shooting and has since recovered.
She’s been charged with four felony drug charges and was in rehab when she pleaded not guilty in November.
Calkins said WSP had heard previously that no charges would be filed and arranged for Slemp to work at a desk job while deciding if he violated department policies. Slemp will not be armed, Calkins said.
But, Calkins said, “This is not a demotion. This is simply a job where he’s not out on the street interacting with the public until we complete the internal investigation.”
Slemp, a 25-year veteran, earns $80,112 annually.
He and other task force members, who are based in the Pullman area, joined members of the Spokane police gang unit in the search.
The task force began investigating Powell and her mother, Aletha Robinson, 41, last June after a confidential informant bought cocaine from them on several occasions, according to court documents used to support felony drug charges against them.
Powell is scheduled for trial on April 18. Her mother also is charged.
Powell’s son was taken by state welfare workers just after he was born because hospital staff members were concerned about his health, according to court testimony. Investigators said Powell had tried to swallow drugs during the raid.
Powell could not be reached for comment.
Human trafficking suspects released 
Orphan on March 23 at 8:55 a.m.
There is no such thing as an accidental discharge. Sgt Slemp had a negligent discharge because his trigger finger was on the trigger when it should not have been. It is a plain and simple fact you never put your finger on the trigger until you are ready to shoot. I would be very uncomfortable around the Sgt if I had to work with him or were to be stopped by him.
I would hope at a minimum there would be hours and hours of training until hopefully the Sgt gets the mussel memory instilled so that the finger does not go on the trigger until he is ready to shoot. Well actually I would like to see him fired he is a danger to the public any time he has a firearm even after more training. Its hard to know for sure if years of bad habits can ever be over come with hours or even days of training.
As a tax payer I am very angry, because of the Sgt’s negligence the tax payers will now pay a drug user a lot of money in the resulting law suit that she will surely win.
lewis8457 on March 23 at 9:07 a.m.
No surprise here. what only 80 grand, he should get a job with the SPD and get a instant raise.
Even if she was not a suspected drug dealer it is always justified to shoot a pregnant lady at close range. I mean once it was established a preacher could be killed the gloves are off on pregnant women.
bszottlinger on March 23 at 9:23 a.m.
Without getting into a long dissertation regarding immunity and it’s importance in the criminal justice system, I feel it is important to understand that police officers and prosecutors do have protections beyond that of the average citizen, and with good reason. Having said that, I feel it’s also important that we understand that because they have been granted those protections it is extremely important that the public is ever vigilant to see to it that those protections are not abused.
If you honestly look at this case from a balanced perspective I think you would realize that yes you have an officer that in essence HAS ADMITTED he was negligent. But unlike other recent cases he made no effort to come up with some story about the young lady being a threat, or that he felt he was in danger, or because it was a dangerous drug raid he was fearful she might gain access to a weapon. On the contrary he told it like it was. “I screwed up!”
Just think of how it would be perceived by the public if this officer had made up some story to justify and accidental shooting. Given the extreme amount of dangerous contacts law enforcement makes the percentage of accidental shootings is quite low, unfortunately this was one of the few, and the timing was terrible. But come on folks, no BS story, no reckless contagious shooting that endangered a bunch of people, no complete overreaction, just a cop during the heat of the moment made a big mistake, and for God sakes he manned up, unlike some of his counterparts.
Unless there is something we don’t know, the prosecutor was right in not charging this case, and unless there is evidence of negligent retention, negligent training, or some type of recklessness involved in the execution of the search warrant, this young lady isn’t going to get much in the way of a settlement.
In all of the recent officer involved shooting cases, in my view, this one is of the least concern. I’m not saying it shouldn’t be independently reviewed, and an inquest would have been nice but, I for one am beyond this one, with the exception of the fact we have a prosecutor who doesn’t have guts enough to have a press conference to explain the decision, the issues of immunity, and take and answer the hard questions. Tucker of course, because he is worried about his own image, could care less about the officer, the public, or the media. He is safe now until the next election, so why not continue to hide.
One last thought, for the Assistant DAs that post on here, and read these blogs the only way my comments regarding your boss reflect upon you is that he is making you all look bad and I know you aren’t.
Orphan:
I disagree regarding we taxpayers having to pay a lot of bucks. Take a look at the cases regarding police negligence. One in particular out of the 9th, where a female California officer supposedly mistakenly drew her weapon instead of her tazer and shot a handcuffed suspect in the back of her patrol car.
detroitdude on March 23 at 9:38 a.m.
There needs to be more accountability for law enforcement officers. I question how this officer managed to shoot a fleeing pregnant woman. I guess one of those body cams would be really helpful right now. Even if this was an accident of the worst kind, I still think independent investigations (as in not carried out by a cop, or former cop) should be the norm for ALL shootings.
Even though it may not pertain directly in this case, this whole song and dance of LEO’s finding loopholes and technicalities to absolve them of their mistakes is getting very tired.
Kivaari on March 23 at 10:13 a.m.
Cases like this do happen, and started happening after agencies shifted to Glock-type pistols. From what I have seen, the officers most likely to have a negligent discharge are older officers (that used other style pistols or revolvers) and new rookies (with little gun training). What we have seen is, instead of very consciously “indexing” (keeping the trigger finger alongside of the frame, and off of the trigger). What happens is when the officer goes to grab someone or jump a fence, an action that normally requires gripping with the whole hand, the person takes a grip and it just happens that the trigger is right there, and the gun works properly - it goes bang. It’s a big oops. One reason these events take place is the public doesn’t like paying for training. This style of event needs to be part of the training - over and over again. One issue is the newer generations of cops are no longer “gun people”.
The officers that enjoy shooting, generally are safer officers. Too many cops today are just there for the good money, benefits and retirement. The gun is just a piece of gear that they think they will never use. Department heads like to avoid the training costs associated with safe handling - it’s too aggressive.
Orphan on March 23 at 10:16 a.m.
Bszottlinger I agree with you up to the point of there being no law suit the state and the individule officer are not protected when negligence is involved.
I give the Sgt kudos for maning up and taking responsability. I am equaly sure it was not intentional, no sane person wants to shoot someone. This accident was most likely caused by years of poor weapons training and habits developed from the lack of training/supervision.
bszottlinger on March 23 at 10:53 a.m.
Orphan:
I got you, and that’s the only way you’re going to get to the deep pocket. Although who knows about Spokane law enforcement but my bet is they would be able establish considerable training in, I think it’s called indexing, and would be able to jump out quick. That leaves the officer and the issue of reasonableness as well as her contributory actions. Hey have at it, the SPD didn’t jump in the Zehm case when they could have, so maybe the State Patrol would do the same. Looks like this isn’t a federal task force so all the agencies would all share liability and might buck up quick. Upfront money is all out of the lawyers pocket so I would be darn sure I got all the training material and protocols before I spent any more of my money.
You did notice I would guess that I did mention the negligent training, retention etc., but I would think they have that covered.
Good Luck!
:)
Orphan on March 23 at 1:50 p.m.
Bszottlinger I am not going after the money, frankly I hope she does not get a dime. I am just trying to be real, trust me there is a lawyer that wil take this case and that is where he/she will go.
Kivaari I think you nailed it, good evaluation. I know I get more training each year than most officers get. Cutting corners on deadly force is not a good idea. Things are a lot more complex now days as well. Way too many laws so many that no one including the general public can know them all. I have found myself educating lawyers and LEOs on occasion on the stuff that I know but that is another topic.
bszottlinger on March 23 at 3:12 p.m.
Orphan:
I am sure there is some young full of him/herself lawyer out there that might want to take a shot. But I would bet they end up bailing like Shonto Pete’s lawyer did when the deep pocket was severed. She doesn’t appear to have the bucks to litigate unless of course she was making more money in her business then it appears. The training would have to be pretty rotten to keep the State in. But maybe I’m wrong and you guys do it differently in Washington.
DemoDriver on March 24 at 2:34 p.m.
Kivaari:
Excellent points on Glocks, training, and trigger control!
I wonder if this is less of an issue with the earlier 92 syle Barettas that many LEO’s were issued a couple of decades ago?
At least they had an external safety instead of the Glock’s “split” style trigger and seemed easier to control.
Better yet: with all the meth, and offenders on meth, why not return to the 1911 syle Colts?
I happen to really like what Kimber’s done with that old war-horse lately and wonder if the combination of increased stopping power and that extra safety on the back of the grip wouldn’t make us all safer if ever we found ourselves near a potential police/perp confrontation?