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November 20, 2011 in City
Creach family files civil rights lawsuit
Scott Creach
(Full-size photo)(All photos)
The family of a Spokane Valley pastor killed last year by a sheriff’s deputy has filed a federal civil rights lawsuit.
The lawsuit filed Friday by the family of Pastor Wayne Scott Creach contends that he was deprived of his civil rights when he was fatally shot by Deputy Brian Hirzel late on Aug. 25, 2010. In addition to Hirzel, the suit names Sheriff Ozzie Knezovich and Spokane County as defendants, alleging that Hirzel was improperly trained and that county officials ignored evidence in backing his account of the shooting.
Specifically, the lawsuit alleges that the county violated Creach’s rights under the Fourth Amendment, which prohibits illegal searches and seizures, and the 14th Amendment, which says no citizen can be deprived of life, liberty or property without due process of law.
Without specifying an amount, the lawsuit asks that a jury award punitive damages, attorneys’ fees and other costs.
Robert Crary, one of two attorneys representing the Creach family, said the case is about “the family trying to get some closure on this, raising awareness, getting some questions answered and most of all, making sure something like this doesn’t happen again.”
Hirzel shot Creach in the parking lot of The Plant Farm, Creach’s greenhouse business in Spokane Valley. Hirzel had pulled into the parking lot at 14208 E. Fourth Ave. to watch for activity in the neighborhood in response to a neighbor’s call.
Woken by the noise of the unmarked patrol car, the founder of Greenacres Baptist Church armed himself with a .45-caliber handgun and a flashlight. Investigators would later determine that while the gun was loaded, there was no cartridge in the chamber.
Wearing pants and slippers but no shirt, the 74-year-old pastor went out to investigate.
Hirzel later told investigators that he repeatedly ordered Creach to drop the gun as he approached the patrol car, but Creach refused. Hirzel said Creach eventually put the gun in the back waistband of his pants. Hirzel said he then ordered Creach onto the ground and, when the older man refused, hit him on the left knee with his police baton.
Creach buckled but did not go down, Hirzel reported. Creach then reached for the gun in his waistband with his right hand and the deputy fired his own 9 mm handgun into Creach’s chest.
Creach was dead within minutes.
The Sheriff’s Office does not comment about lawsuits, said spokesman Sgt. Dave Reagan.
The lawsuit takes exception to many of the details in Hirzel’s account. Crary and attorney Richard Wall note that neighbors said they did not hear the officer shouting any commands before they heard the gunshot. The lawsuit contends that the downward angle of the bullet and other physical evidence suggests that Creach was kneeling or crouching when Hirzel shot from extremely close range – not standing at a distance of 6 feet, as the deputy told investigators.
Hirzel shot “before Mr. Creach had any opportunity to identify himself or indicate his intentions. At no time did Mr. Creach do or say anything to indicate that he was a threat to Hirzel or that he intended to harm Hirzel,” the attorneys wrote in the lawsuit. “No reasonable officer in Hirzel’s position would have believed that the use of deadly force against Mr. Creach was objectively reasonable or justified under the circumstances known to Hirzel at the time.”
Officers’ actions immediately after the shooting added to the family’s grief, the suit alleges. Imogene Creach ran to the parking lot after hearing the shot and saw her dying husband, his blood seeping into the gravel. She soon was joined by other family members.
“The family pleaded with officers to be allowed to tend to and comfort the dying Mr. Creach,” but were not allowed near him, the suit claims. “Mr. Creach’s body was left in the parking lot until the following morning.”
The suit notes that Hirzel wasn’t formally interviewed until nine days after the shooting, because he went on a previously arranged vacation to Montana and Las Vegas. That delay later prompted Knezovich to drop a policy that had required investigators to wait 72 hours before formally interviewing an officer involved in a shooting.
The internal investigation concluded that Hirzel had followed department protocol and cleared him of any criminal wrongdoing.
The lawsuit contends that Creach had no way of knowing it was a police car he was approaching, and that deputies should not park on private property without the owner’s knowledge.
Crary said the timing of the lawsuit has nothing to do with the recent high-profile conviction of Spokane police Officer Karl F. Thompson for using excessive force and obstructing justice over the 2006 death of Otto Zehm.
“There are some similarities (in the cases), but in many ways they’re different. Our case will speak for itself,” Crary said. “The timing, I don’t know if it’s fortunate or unfortunate, but maybe it’s a sad commentary on law enforcement to have so many issues going on at once.”
1992 murder trial begins against sex offender 
misjustice on November 20 at 3:46 a.m.
Link to the earlier thread on this story:
http://www.spokesman.com/stories/2011/nov/19/lawsuit-filed-creach-shooting/
DickAdams on November 20 at 6:23 a.m.
Thanks for posting the link, MisJ. I`d forgotten about some of the details. Makes a person wonder why is LE making the news so often? There are so many cases involving LE it makes me wonder what is going on, but our crime rate sticks out like a sore thumb. My observation since migrating to Spokane over 25 years ago, the corruption in Spokane hasn`t changed. One fact to remember is that the statistics show Spokane is above the national average (every category) when it comes to crime. That number speaks volumes.
misjustice on November 20 at 9:05 a.m.
Gunned down on his own property…that’s all I need to know.
Well, that and Hirzel (on-line porn business owner and I’m going to Disneyland guy) lied and Ozman (also on vaca at the time of the killing of Creach) covered for those lies…and that No-Charge-Tucker tuckered away any true investigation and lived up to his name by refusing to charge the case…oh, and again, the cops “investigating” cops found no problem with gunning down a business owner on his own property…
No problem here, folks, now move along; or we’ll klub, tase, and shoot you!
Sadbuttrue on November 20 at 9:38 a.m.
This was a striking incident wherein local cops went on a sudden wave of civilian slaughter that was just breathtaking. And then it stopped, after a massive outcry from the public, like a faucet getting shut off. I can’t help but believe that the cops were acting under a strange ideology wherein civilians were viewed as hostile enemy combatants, in response to the Lakewood coffee shop massacre.
And then - what we originally thought was a raving nutcase - here on these pages publicly advocated using military tactics and weapons against civilians.
During this short reign of terror, 8 or so civilians were gunned down, and then it stopped as quickly as it started, negating the idea that ANY of these deaths were “necessary.” Particularly in light of the fact that the slaughter rate was equal too or exceeded New York’s total. New York with 20 times the population, infested with real gangsters and seething unassimilated immigrants.
And so one night a preacher …… a PREACHER!….who didn’t bow at the knee quickly enough to this little inbred nazi thug was gunned down on his own property.
cryssT on November 20 at 10:57 a.m.
Closure was a word therapists used to make you believe that the pain would stop, and that punishing the bad guy, or finding out why, would bring you peace. It was the biggest lie of all…..
Laurell K. Hamilton, author
wdodd on November 20 at 4:28 p.m.
There is some strickingly similar incidents in the creach case as this near future case.
http://spokanehomicide.20m.com
D Statler on November 20 at 6:47 p.m.
@wdodd, The whole downward angle at point blank range stinks of pre-meditated murder. Mr. Creach had a weapon on him. I would have reached for my weapon too if some idiot was pounding on me with a baton.Your brother was armed with a set of keys. Then a rock shows up in the next picture. Both incidents were prime examples of excessive force that was NOT needed. Both were prime examples of poor leadership and OIS investigations. Hard to believe that investigators would think the public would turn cheek and look the other way. This excessive behavior has gone on long enough.Good luck to the Zehm,Creach and Dodd families in the persuit of justice. No amount of money in the world can undo the losses you have suffered.
wdodd on November 20 at 8:31 p.m.
@undooly_prosecuted
When recieved my brothers belongings from the police and obtained crime photos for a hefty price, I noticed in one of the pics at the coroners the cell phone is one and in captured mode however i think the OIS investigators erased the contents on the phone.
There are other things on the phone such as calls made and times.
I hope we can get some justice here for the cover ups. We have also recieved threats from SPD as well. I wonder if they did this too the Zehm, and Creach family as well.
wdodd on November 20 at 8:32 p.m.
cell phone was on…sorry for the error.
D Statler on November 20 at 9:32 p.m.
I am very sorry for the trouble our paid civil servants have put you and your families thru @wdodd. At this point, nothing said about the friendly investigations would surprise me. There may be a way to retrieve the info on the phone. You may have to contact someone at the federal level to make it happen,or find out if it is possible. The pictures from the crime scene and the corronors office are quite stunning. I cannot believe the investigators ruled it justified again. Lets hope that all the civil lawsuits coming forward promote positive change. God Bless
Lewis on November 21 at 10:44 a.m.
i have always thought hirzel was doing something a little ah what can i say perverted.
told creach to ah participate and was reason for having him on his knees.
i know sick but that would explain why he shot him at 4 foot mark, otherwise there is really no other reason.
no one would pull a gun on a cop that already had his gun pointed at him.
hirzel story has too many holes in it unless you hear the story told by his cop buddies and er valleyman
wdodd on November 21 at 2:47 p.m.
Here is a sheriff who wants to take over SPD!! He can’t even clean up the mess in his own department. Sounds like to me that he is going to be way to busy attending court(lawsuits) of his own department. You can’t clean up the SPD by appointing Ozzie to the job because he/his department is also corrupted.
jane on November 21 at 3:04 p.m.
Man approaches police officer with gun, police officer instructs man to put his weapon on the ground, man chooses to not follow the lawful order, man gets shot. Sad story, but the alternative could have been the police officer being shot by some crazy man, not an acceptable result for me.
You want to carry a gun around? Great! But quit bitching and whining about being shot when something awful happens as a result of this brilliant behaviour. Why weren’t his family talking to him about the risks of him carrying a gun around at night and the possibility it would get him shot. If he was not mentally competent enough to recognize a police car that any 5 year old kid could recognize, we sure would not want a gun in his hand. If he thought his life was in danger such that he needed a gun, I will be anxious to see the yet to be discovered news that he did call 911 before going out to the obvious police car and that he did have reason to believe that his life was in danger so he could not afford to wait for the police to show up.
Yes the police offer may have some degree of responsibility on this horrible story, but it starts with the gun slinging preacher and a family that must have known what their father was upt o and should have taken away his guns, they too take some of the responsibility.
Lewis on November 21 at 7:08 p.m.
jane your in bed you hear a car you run out in your jammies cop says stop right there you reach into your jammies he pops you 3 times in the chest lets you lay on ground bleed out after he finishes his donut he calls 911.
that is about as accurate accounting of what happened as your above post.
go crawl back in your hole copper.
jane on November 22 at 1:26 p.m.
Sorry Lewis, I was unaware that the facts and truth were so offensive to some. I will try to make up the details from now on to accommodate people like yourself. Hope it helps you in FantasyLand!
lewis8457 on November 22 at 1:37 p.m.
but your facts are wrong are you willing to admit that?
jane on November 22 at 5:07 p.m.
We are obviously discussing different cases, sorry to have confused you Lewis. Not familiar with the one about the cop that ate the donut after someone was shot before he called 911. Our local Sheriffs have their own radios to call dispatch too, they have no need to call 911, I was just referencing a local story from the Spokane Valley, my mistake.
mary1958 on November 27 at 5:57 p.m.
Here is where the debate to bear arms comes to a road block. Yes, we can bear arms but if you do you are inviting an armed confrontation. Please Mr. and Ms public: DO NOT bear arms in public. Call the police/sheriff if you have concerns and let them investigate. The Zehm case and the Creech case are NOT the same.
mary1958 on November 29 at 11:07 p.m.
Creach did not do or say anything that posed a threat? I am trying to imagine a half dressed man with a gun in the dark running at me. I want to say it would not frighten the hell out of me but I can’t. In fact this is one of the largest threats that the police can encounter other than more than one gun bearing unknown person. Well, maybe that they might have sub machine guns. YES he was a serious threat because the Deputy did not know he was dear old Mr. Creach from the Plant Farm just curious about who might be on his property. I hate to defend a cop especially since I don’t like them myself for good reasons (yes until I need one.) Mr. Creach did NOT drop the gun when asked numerous times. That is an action that would send any well trained cop into overdrive. What if the suspect was drunk or stoned. Could that persons judgement be impaired other than (I think) the obvious mistake it already is to be in public bearing a handgun. There are so many unknowns to the deputy that he has no other choice but to follow the procedure taught to him.
IT IS A GUN. Do you have people with handguns running at you often? I’m sure he hasn’t either. This deputies’ adrenaline is through the roof. Although he did not point it, which if done to you would be intimidation with a weapon, if you are an officer you are taught not to let suspects get that far—to point it that is—because then YOU ARE DEAD!!!! LE has more room for decision with GUNS. Not so with Pepsi bottles. (Or at least they shouldn’t have with Pepsi bottles) What would Creach have done with his gun and a car parked in his parking lot. Would he have pointed it at the occupants. That’s against the law. Would he have just had it in case someone shot at him? If he thinks someone is going to shoot at him why in the hell is he going outside??? Just so you know–you can’t shoot trespassers. You have to call a deputy to get a trespasser removed from your property. Creach continues to not follow orders and gets thumped in the knee. A joint shot is justified because the suspect has a GUN. He could have hit him in the head and it would have been justified. By now Creach surely must know it is a deputy he is talking to. I am assuming the deputy has HIS gun pointing at Creach. I know it is a terrible tragedy. I feel for the Creach family but most people would appreciate a deputy watching their property. “Mr Creach didn’t have time to identify himself or his intentions.” I don’t recall any training I received that said oh yes make sure the gun toting half-naked guy running at you in the dark has a chance to say who he is. This is not the same as Zehm. Zehm was in a well lit store and was not fleeing the scene. The officer had the advantage as he came in the store. Zehm had a Pepsi bottle NOT A GUN. If Creach didn’t have time to say who he was then the officer didn’t have time to make any rational decisions other than to respond as his training taught him. “Don’t let the bad guy shoot me.” Creach did have time every time the officer told him what to do. If you don’t like that officers stick together then make sure your criticism of them is justified. It is justified in the Zehm case not, I feel, in this case.