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October 26, 2011 in City
Zehm update: Police training, response explained
YAKIMA – Jurors got a taste today of the unpredictability that officers face through the testimony of the defensive tactics trainer who instructed Spokane police Officer Karl F. Thompson Jr. on how to use a baton.
Detective Larry Bowman told a captivating story of how he once responded to a call to check on a woman. She answered the door and a man was seated at the table. Within seconds, the man pulled a gun, walked over and pushed the gun into Bowman’s chest as the officer froze.
“He totally overwhelmed me. My gun was still in the holster half way out,” Bowman told the jury. “He totally overwhelmed my thought process. It wasn’t my time.”
Bowman’s testimony will continue later today in the criminal trial of Thompson, who faces the felony charges of using unreasonable force and lying to investigators following the encounter on March 18, 2006, with Otto Zehm.
Although attorneys argued over who and how many witnesses are left to testify, defense attorney Carl Oreskovich told U.S. District Judge Fred Van Sickle that he expects to finish his case sometime Thursday morning.
Although Oreskovich said Thompson will testify in his own defense, he has not been listed in about 10 potential remaining witnesses.
But some of the strongest testimony for the defense came this morning from Bowman, who said officers are trained to advance on suspects to make sure the officer keeps the initiative.
“Depending on the call that you have, I want to control the individual’s thought process,” he said. “I want to overwhelm their thinking so they don’t have an opportunity to come up with their own plan. You force that person back. The idea is to move on them and redirect their energy onto the ground.”
The video shows Zehm retreating from Thompson who never stopped advancing and started striking Zehm with a baton in just over two seconds from entering the Zip Trip at 1712 N. Division St.
Bowman previously reviewed the video and told now retired Detective Terry Ferguson that it was his opinion that Thompson acted in accordance with his training. Court records indicate that Bowman changed that assessment when he spoke to federal investigators, but he was not called as a prosecution witness.
Earlier today, attorneys completed the testimony of forensic video expert Michael Schott. He testified that he did not see a baton strike on Zehm until after Thompson shot Zehm with the Taser.
Prosecution experts and a half dozen witnesses said Thompson delivered multiple baton strikes to the head and torso of Zehm, who fell to the ground as he held a 2-liter soda bottle in front of his face. Only then did Thompson fire the Taser as one witness described Zehm as “just laying there.”
Schott also testified that two dirt smudges on Thompson’s uniform came from shoes. Under cross examination, he confirmed that the video does not reflect that Zehm ever punched or kicked Thompson.
Victor Boutros, a trial attorney with the U.S. Department of Justice, asked Schott why he did not consider witness statements, or even Thompson’s statement, when trying to determine the first baton strike.
“When you are doing a forensic video examination … it’s intentional that I do not try to use witness statements to determine what I can get from the video,” Schott said. “If you have a video where it was not clear and you try to clarify witness statements that conflict, then you have muddied both waters. It doesn’t help.”
1992 murder trial begins against sex offender 
Shadedmuse on October 26 at 1:16 p.m.
Their is only one Just verdict and that is NOT GUILTY NOT GUILTY NOT GUILTY, any other verdict will prompt riots in the street, Karl thompson needs to sue the prosacuters for malious prosecution and take them for millions and billions and make these guys pay. I will represent you Karl Thompson Phone me.
The_Seer on October 26 at 1:23 p.m.
Otto didn’t pull a gun on a cop after the cop went to his home on a call. Why was that story allowed? It’s not relevant at all.
SpokyDaBear on October 26 at 1:44 p.m.
Shadedamuse is a cop-luber….
richie on October 26 at 1:56 p.m.
The trainers “move them to the ground” speech had me thinking…..Is this how our cops are trained? Pull someone over for speeding, take them to the ground before they can think to open their glovebox….it might have a gun in it. Bust on jaywalkers skulls, they might have a real gun looking water pistol in their sock. Go buy a snickers….see where I am going? The only thing this guy proves is that Thompson was a well trained monkey-thug. What was the antidote to the gun in the chest story? “I should have called in an airstrike before ringing the doorbell, I guess”
Hunterman on October 26 at 1:56 p.m.
Ya, that testamony didn’t make much sense. Thompson could have pulled his taser or gun if he thought Otto was a threat. Instead he pulled his baton and in 2 seconds was beating Otto over the head and Otto had no idea what was going on. If the reporting is accurate, Thompson doesn’t have much hope.
Liberty_Bell on October 26 at 1:59 p.m.
shadedmouse,
Evidently police prosecutions are a confusing subject matter in the State of Confusion and Lies from the SPD!
A riot for murder is way past due, or did your class on “life, liberty and property” really not make it to the criminal sheriff’s trial, in our United States Supreme Court?
Murder by a Sheriff, always from a low IQ Department, ALWAYS!
http://law2.umkc.edu/faculty/projects/ftrials/shipp/shipp.html
Liberty_Bell on October 26 at 2:05 p.m.
Tell us again shadedmouse,
Whey your whole Department is in Contempt of a Federal Court Order, and calls itself a law enforcement agency?
Law Enforcement, always confuses these types of Police Chiefs, the Anne Kirkpatrick Special!
http://law2.umkc.edu/faculty/projects/ftrials/shipp/shippcase.html#Holmes
princessdd on October 26 at 2:05 p.m.
A call to “check on a woman”? Is that the same thing as a domestic disturbance call? If so, that is one of the most unpredictable and potentially dangerous calls that a LEO can respond to and NOTHING like responding to the call at Zip Trip. Convicting a LEO for anything, regardless of the amount of eye witness testimony and even a tape of the actual incident, is next to impossible - just ask Rodney King. I pray for justice in this case…
Kivaari on October 26 at 2:08 p.m.
Ladt Bell, Murder by sheriff? Thompson is a city police officer. Your average cop is a bit smarter then your average crook. The class should be on Life, Liberty and the pursuit of happiness. The “property” class was argued and changed in the costitution prior to signing. We do have a right to be secure from unreasonalbe intrusion into our property. The argument being made is a “reasonable” argument. However, I think Thompson took his response beyond reasonalbe. You just can’t be beating on people knowing as little as Thompson knew. I’d ignore shademuse, as he is a bit schizo on issues.
richie on October 26 at 2:18 p.m.
I also wonder who Thompson was really trained by…wasn’t he a Marine and former LAPD cop? I want to see those trainers testify, as I doubt the Spokane guy trained him squat. I think he flashed back to a ZipTrip in South Central. We know how the cops take care of business down there.
Ron_the_Cop on October 26 at 2:27 p.m.
Ok I’m live blogging the news media tweeter feed (#zehm) with my blow by blow analysis at KXLY Rick Rydell’s facebook page. Rydell’s page is open to the public. If you have a FB account just put “Rick Rydell” in the search box. I’m taking my afternoon break at the moment. Will catch up later.
‘m waiting for Det. Ferguson to take the stand. Det. Ferguson is supposed to take the stand this afternoon. This could get interesting as former Deputy Chief Odenthal ordered her to edit the video before it was shown to the brass. Interim Chief Nicks was kept in the dark. Asst. City Atty Treppiedi viewed the other camera angles and according to Nicks told him there wasn’t anything of significance in these angles. Gee others found them very informative!
I’m sure that ASUS Durkin will mention this on cross examination and review Ofc. McIntyre’s testimony and the material witness’ testimony on Monday as to McIntyre’s comments re the lack of a lunge and the number of strikes.
ChefGus/ John Olsen on October 26 at 3:22 p.m.
Let’s get Rocco on the stand please… why has he not been called, or pursued here? J
brianrbreen on October 26 at 3:40 p.m.
@Ron_the _Cop
Gee I didn’t know that.
brianrbreen on October 26 at 3:56 p.m.
Shucks where is this guy from?
http://www.krem.com/video/featured-videos/Police-Officer-involved-shootings-are-random-106492714.html
brianrbreen on October 26 at 4:12 p.m.
http://www.spokanepolice.org/documents/F10-050.pdf, and there is more.
brianrbreen on October 26 at 4:32 p.m.
Thanks Jeff,
http://www.kxly.com/news/21377923/detail.html
greenlibertarian on October 26 at 4:38 p.m.
brianrbreen on October 26 at 4:12 p.m.
http://www.spokanepolice.org/documents/F10-050.pdf, and there is more.
I read through most of the report.
I used to live in that ‘hood, been in that store many times.
Is there something unusual in the report?
greenlibertarian on October 26 at 4:40 p.m.
ChefGus/ John Olsen on October 26 at 3:22 p.m.
Let’s get Rocco on the stand please… why has he not been called, or pursued here? J
The trial focuses on Thompson’s direct actions including what he had been trained to do.
The cover-up’s a different matter.
Ron_the_Cop on October 26 at 5:04 p.m.
Brian,
What didn’t you know? You don’t miss much:-) Were you referring to the upcoming testimony of Det. Ferguson? If I could I would cover the editing of the video at the direction of former Chief Odenthal. Don’t know if that would be allowed on cross as a leading loaded question?
And court appears to done for day. Another use of force witness had been on stand for the rest of the afternoon SPD Ofc. Preuninger. Pretty standard. Defense still trying to blow smoke re when to use baton - must view whole circumstances et al. Ofc. Thompson may not have heard that no money taken from dispatch when responding to the call. Ofc. Preuninger explaining that in stress of the moment officers may miss things on the radio. Ok true has happened to me before.
More importantly defense says it intends to rest by noon tomorrow. Scheduled witnesses are Det. Ferguson and as promised Ofc. Thompson will take the stand in his own defense. OK good for him but this will be a crap shoot.
Also prosecution now wants to call defense witness as their own witness as defense didn’t call this witness. Judge says he’s needs a motion.
brianrbreen on October 26 at 5:52 p.m.
@Ron_the_Cop
I would hope that was anticipated and the motion was prepared ahead of time. The ploy of having all the cops show up for witnesses was a good one(not that CO hasn’t done that before). Now the question will be what the prosecution can bring in rebuttal which is limited to what the defense presented.
Judge Van Sickle is a sharp guy and in his own mind has some idea where the trial is going. That is why he is requiring a motion for the government to present witnesses that were on the prosecutions list and weren’t called, and were also on the defense list but were not called. My guess is some will be allowed and some won’t. I’m no expert, but I suspect that the prosecution left Bill Francis off their list because they anticipated this move. They know he will tell the truth, and will perhaps be able to tell what was said when the tape was turned off and perhaps what was said in the interview prior to the tape recorded statement. Simply a guess.
I’ll get my suit and tie on, and I could care less about Terry Ferguson’s husband(Sgt Ferguson), but do you think there might be a chance the feds might let me do the cross on her?
Ron_the_Cop on October 26 at 6:57 p.m.
LOL Brian,
I would go down to court tomorrow just to see Det. Ferguson’s testimony. However I was at the dermatologist yst for MOHS surgery on the end of my nose so with all the compresses and bandages I could scare small children. Kinda of like your boot of doom is keeping you inside.
Hopefully the young guns at the US Attorney’s Office continue to have a green light. I don’t think they’re done yet and whether Ofc. Thompson is convicted or not there could be more indictments in the works. If I were Roco Treppiedi I would be puckering about now. I have noticed the feds have allowed him to remain in Spokane watching the live feed while there are still SPD officers left to testify.
To all if you’ve been following this case I would hope you realize that Mayor Verner has been lying to them about this case since at least April 2010 when the feds filed their proffer. I will take my chances with Condon.
I AM NOT VOTING FOR VERNER!
And while I’m venting too how about a RECALL of STEVE TUCKER.
brianrbreen on October 26 at 7:01 p.m.
So what’s different about this?
‘I could scare small children.”
Slightlyworried on October 26 at 7:14 p.m.
@Ron_the_Cop
In all fairness to Steve “The Cops Never Make Mistakes” Tucker, there are no power outlets on any fairway in the Spokane area so he had no opportunity to review the videotape before deciding not to charge Thompson.
Ron_the_Cop on October 26 at 7:22 p.m.
LOL Slightlyworried,
But there are outlets at the Globe Bar! I’ll be happy to take my laptop and let him watch:-)
Actually to be fair they didn’t totally give the SPD’s OID investigation a total pass and requested some additional work be done. However the feds got their nose under the tent while Tucker was dithering.
Ron_the_Cop on October 26 at 10:17 p.m.
BTW Clouse has his second story post of the day now up:
http://www.spokesman.com/stories/2011/oct/26/officers-say-thomspon-followed-his-training/