Spokane7
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November 11, 2011 in Region
Tucker still mum on further action in Zehm case
Ten days after a jury convicted Officer Karl F. Thompson Jr. in federal court, Spokane County Prosecutor Steve Tucker has given no indication that he will move forward in state court with an investigation into Thompson or other officers involved in the 2006 confrontation with Otto Zehm.
Tucker avoided questions for more than a week. His only response to multiple calls and office visits was an email on Friday asking about the “specific case” reporters were inquiring about. He then didn’t respond by 5 p.m. Friday to a list of emailed questions.
In 2006, Tucker put his investigation on hold, saying he wanted to know what federal investigators would find. But a federal source, who spoke only on condition of anonymity, said neither Tucker nor anyone from his staff has requested any of the evidence obtained in the federal probe, which is continuing.
One former, longtime prosecutor believes he has seen enough evidence presented by the FBI to charge two officers with first-degree manslaughter in connection with the death of Zehm, who stopped breathing while hogtied by police on March 18, 2006. And another former prosecutor said at the very least, Tucker needs to seek a prosecutor from elsewhere to continue the investigation.
“I thought everybody in the case and cover-up should be immediately terminated and an independent investigation should be started to determine if anyone should face prosecution,” said Don Brockett, who served as county prosecutor from 1969 to 1994. “What is lost in this – this wasn’t just the assault and beating of Otto; it caused his death.”
Five years ago, Tucker shunned a suggestion – by someone he refused to identify – to hand the Zehm investigation over to a prosecutor from another jurisdiction. “It’s my job to make the decision,” Tucker said in July 2006.
Three months later, Tucker put his investigation on hold after he learned federal agents had found a witness that Spokane police had not interviewed. Last year, while successfully running for a fourth term in office, which pays about $145,000 a year, Tucker said he still didn’t know what evidence the FBI had obtained.
Thompson’s recent four-week trial in Yakima produced reams of evidence that painted a troubling image of the Spokane Police Department. Federal prosecutors described a department-wide “whitewash” of an investigation into its own officer.
Testimony revealed that police detectives refused to give witness statements to a medical examiner and other officers contradicted their own statements to a federal grand jury. Federal prosecutors said the missteps, gaffes and misstatements were all done to make Thompson look less culpable.
“What the family has wanted all along was full accountability,” said Breean Beggs, who represents Zehm’s mother in a companion civil suit. “We would be encouraged if the county prosecutor would investigate with all the information he now has. We have been and continue to take the prosecutor at his word that once he has the information from the federal case that he will continue his efforts.”
As for Tucker, he indicated during an interview in 2010 that the only charges he thought would apply would be misdemeanor assault charges against the officers. And, he said, those crimes would have all reached the statute of limitations.
But several witnesses testified they saw Thompson use deadly force by striking Zehm in the head.
Although he was barred from testifying about cause of death during the trial, defense medical expert Dr. Daniel Davis said it was clear to him that Zehm died because officers Erin Raleigh and Jason Uberuaga placed their weight on Zehm while he was hogtied and lying on his stomach.
Davis’ analysis shows that Raleigh applied pressure on Zehm’s abdomen for 1 minute, 34 seconds; Uberuaga remains on Zehm’s chest/neck area for a total of 2 minutes, 47 seconds,” Davis wrote in his report. “After pressure was removed, it was noticed almost immediately that (Zehm) was unresponsive.”
Don Brockett said that evidence alone would provide a legal basis for Tucker to charge those officers with first-degree manslaughter, which requires someone to act recklessly to cause another’s death.
“You can’t stand there and watch someone die and not say it was negligence. Now that we found out they had their knees on his back, that makes it reckless,” Brockett said. “It’s inexcusable. It’s got to change.”
Jim Sweetser, who succeeded Brockett as county prosecutor, said Tucker’s role has been compromised because of his close association with local law enforcement. During his four years in office, Sweetser successfully prosecuted former Spokane County sheriff’s Deputy Tom Dibartolo for killing his wife in 1996.
“If he does nothing, then the public should be outraged because that is part of his job,” Sweetser said of Tucker, who is a former trooper with the Washington State Patrol. “Whatever decision is made, it needs to be credible. It needs something we can trust and not subject to the interpretation of bias.”
Brockett said he still hasn’t heard an explanation for why oxygen wasn’t supplied to the mask Raleigh placed over Zehm’s face to reportedly keep him from spitting. Firefighters have since ended the practice of handing over the non-rebreather masks to officers.
“I couldn’t believe it that an officer (Tim Moses) had to be provided immunity to testify. I thought that was the blackest mark the Spokane Police Department has ever received,” Brockett said.
At the trial, prosecutors showed photographs of Thompson and other officers who responded that night. The photos, taken at the Public Safety Building immediately after the Zehm confrontation, were used to document any possible injuries or damage to officers’ uniforms.
The photos show Raleigh and Uberuaga smiling for the camera at the same time Zehm was losing the battle for his life at Deaconess Medical Center.
Uberuaga did not respond to email requests for interviews, but Raleigh’s attorney, Chris Bugbee, said he understands that the public might take offense to officers smiling after such a serious incident.
“I’ve spent a lot of time with Officer Raleigh. He’s a goofy kid who smiles pretty regularly,” Bugbee said. “It doesn’t surprise me – knowing Officer Raleigh and his personality – that when asked to have his picture taken he smiled.”
Bugbee said the photo was taken at a location some distance from the crime scene and after the incident as officers were attempting to “cool down.”
“I can tell you that Officer Raleigh certainly considered this to be a serious and important situation,” Bugbee said. “He would not have made light of it. There is no question in my mind.”
As for Brockett’s calls to charge his client with manslaughter, Bugbee said he doesn’t agree. He said his client and Uberuaga walked into a situation where they believed Zehm was resisting other officers’ attempts to detain him.
“I think it was pretty clear to federal investigators and prosecutors that Officer Raleigh did just as he was trained to do. I think it’s been pretty well established that they needed to change how they train to hogtie and deal with someone in Mr. Zehm’s situation,” Bugbee said. “The death occurred because they ended up putting Mr. Zehm in a situation where it caused his death.
“But they did what they were trained to do,” he continued. “I don’t have any concern that he is under investigation or suspicion of being involved in a criminal homicide.”
1992 murder trial begins against sex offender 
Wwu1979 on November 11 at 7:35 p.m.
How does Tucker keep his job? I thought for sure he would get his do nothing ass tossed out last election…..but the fine voters of Spokane gave this worthless bum another term……how embarrassing…..has this clown ever prosecuted any criminal? Enjoy your gravey train Steve…..next election youre out for good…
DickAdams on November 11 at 7:42 p.m.
I suppose the reason Tucker was mum today is his foot was caught in a bar-stool at the ninetieth hole.
brianrbreen on November 11 at 7:43 p.m.
One good way to expedite the handling of this and other messes is for Verner and Kirkpatrick to go out with some CLASS, keep their mouths shut about the Zehm case and let those that have now been chosen to clean it up do so. The right way this time.
zelda on November 11 at 8:09 p.m.
Steve Tucker is worse than useless; he’s a danger to the community. But it’s hard for me to believe that anything can be done about him because he has an (R) after his name on the ballot. People in Spokane would vote for a former assistant Penn State coach if he moved here and ran as a Republican.
Condon can’t do a thing to remedy this.
Birdog on November 11 at 8:32 p.m.
Tucker is a fence sitter…he is dependent on the SPD and the idiots on the SPD police guild for his job. Tucker should be fired by the new mayor.
Ron_the_Cop on November 11 at 8:38 p.m.
Zelda,
Don’t get me started on Steve Tucker. Tucker has abdicated his sworn duty and responsibility to the people. This is the root cause of why we have problems with local LE’s OIS/OIDs. Tucker could have raised the professional bar in these OIS/OIDs instead of accepting these investigations at face value without question. A real search for the truth would have revealed when mistakes were made and police policy, procedure, and training could have been change to prevent future incidents.
It escapes me why the citizens of Spokane continue to return Tucker to office. Yes he is an R but even the Republic Party didn’t endorse him in the last election. The two credible R candidates took themselves out in the primary unfortunately - Stevens and Bugbee. BTW I think Bugbee is right about Ofc. Raleigh. Having watched the testimony of most of he SPD officials I found him to be the most credible. The others were very disingenuous. Bugbee is right this was a training issue. The question is because the City will not admit any wrong doing yet have they made any changes in tactics/training re positional asphyxia? This is not something new in LE circles.
This is not the first manslaughter Tucker’s covered-up. Read my post from a long time ago.
Steve Tucker for Spokane County Prosecutor - A mockery of justice http://tinyurl.com/25kd3we
and this piece by Larry Shook:
http://www.girlfromhotsprings.com/news-deathtrap.html
brianrbreen on November 11 at 8:40 p.m.
@Zelda
Condon has several options open to him. Whether he takes them or not remains to be seen. Having Tucker’s office investigate, is not a viable option however.
empyrius on November 11 at 8:51 p.m.
Raleigh’s attorney, Chris Bugbee, calls officer Raleigh “a goofy kid”.
Goofy kids running around with guns, badges, and endless heaps of goon squads ready to lie, and do whatever else to ‘cover their bros’ backs,’ is the recipe for injustice.
Then of course Bugbee, ever the lawyer, states, “The death occurred because they ended up putting Mr. Zehm in a situation where it caused his death”.
Occupy the energy sectors people!
After that all lawyers better make yourself useful! Picking apples for $2 a day would be a start . . .
ericdx on November 11 at 8:56 p.m.
I don’t think Condon can fire Tucker, because he (Tucker) was elected. What I am wondering is why the “Recall Steve (The Golf Bum) Tucker petitions have not started moving. Frankly, an empty suit would be doing more that tnis guy is doing.
Pat O'Leary on November 11 at 9:08 p.m.
The idiots are those who voted for this jackass.
Ron_the_Cop on November 11 at 9:09 p.m.
Calling Shannon Sullivan. We need a recall NOW!
greenlibertarian on November 11 at 9:11 p.m.
birdog on November 11 at 8:32 p.m.
Tucker is a fence sitter…he is dependent on the SPD and the idiots on the SPD police guild for his job. Tucker should be fired by the new mayor.
Better to remain silent and be thought a fool, then to speak and remove all doubt.
Tucker is the ELECTED SPOKANE COUNTY PROSECUTOR.
Steve Eugster on November 11 at 9:17 p.m.
Does anyone think Prosecutor Tucker’s reluctance to do anything comes as a surprise? Mr. Tucker refused to take action regarding River Park Square. Worse, he refused to take action when Jo Ellen Savage died.
http://spokesmanreview.com/sections/rpscrash/documents/20080910_tucker.pdf
greenlibertarian on November 11 at 9:59 p.m.
Ron, Ron, Ron, Rocket’s nobrain.
/sigh
If you want to appear to be credible in your fairly logical but still Don Quixote-like tilting at the Cowles Gang windmill (possible) criminal conspiracies, have the GOOD SENSE to not post your analysis to places that refer to Mark Furman and/or “Girl from Hot Springs” despite whatever sentimental value these may hold for you or Larry Shook.
Haysus Christo, Marketing and credulity 101!!!
zelda on November 11 at 10:40 p.m.
The power base does’t get everything it wants, even in Spokane. If that were true, we’d have a bunch of condos under construction right now on the former YMCA site and Dishman Hills would be full of cheap ranch houses. There is an ember of democracy still glowing within the ashes but it needs more oxygen.
The only thing I can figure is that Tucker has some magical incantation (law and order + guns are good + tough on crime + “faster, pussycat, kill, kill, kill”) that he chants at Rotary Club breakfasts and it conjures up votes. Or is somebody paying him more than just his county salary?
Good job on this story, S-R. Don’t let up. Keep digging.
Lewis on November 11 at 11:09 p.m.
tucker is a ex cop, so he will not do anything against a cop period.
Slightlyworried on November 11 at 11:53 p.m.
The only hope we have that Tucker will grow a spine and do the right thing is public pressure (and the fact that area golf courses are closing down). So, if you see Steve Tucker down at the Globe Tavern on Division getting drunk in the afternoon before driving himself home, say something like, “How about charging some cops with felony murder now that Thompson is a convicted felon?” And report back on what he says (assuming of course you can understand any words he chooses to slur back at you).