September 13, 2011 in City

Spokane’s top 2 police officials leaving department

By The Spokesman-Review
 

Assistant Chief Jim Nicks
(Full-size photo)(All photos)

The Spokane Police Department confirmed today that both Chief Anne Kirkpatrick and Assistant Chief Jim Nicks will leave the department within the next few months.

Department spokeswoman Officer Jennifer DeRuwe said Kirkpatrick – who is on vacation – has been consistent that she had a five-year plan for her stay in Spokane.

Kirkpatrick recently told city leaders that she is “ready to move on for my next chapter. You need to kind of think of a timeline,” DeRuwe said. “Whoever the mayor is, they are going to have a vacancy they will need to fill.”

In addition, Assistant Chief Jim Nicks – who is scheduled to testify as a prosecution witness in the upcoming federal trial against Officer Karl F. Thompson, Jr. – told the department’s senior staff that he plans to retire early next year as well, DeRuwe said.

“Chief Nicks shared internally at a senior staff meeting that his future plans would coincide with her plans, depending on the transition,” DeRuwe said.

Both Kirkpatrick and Nicks have expressed interest in helping city leaders during the search for the next chief.

“There are so many things changing. It’s a new chapter for all of us,” DeRuwe said. “The mayor, whoever it is, could hire from outside or inside. Internally, it’s all about to change.”

Kirkpatrick, 51, reached her five-year anniversary this month and announced in April that she had conversations with Mayor Mary Verner about finding a replacement starting in early 2012.

Kirkpatrick had DeRuwe respond to a request for an interview and calls placed to Nicks were not immediately returned.

Asked if the departures were related to the controversy over how the department has handled the investigation into the death of Otto Zehm, DeRuwe said, “I don’t think so. There was no indication to me. The chief has been very consistent about her plans. As far as Nicks, I don’t know.”

DeRuwe later sent a statement by Nicks.

“I am approaching my 32nd year in law enforcement, my 30th with Spokane Police Department,” he said in the news release. “The timing is right, as I have reached retirement age, to pursue other interests. My retirement is consistent with my long range plans; coincidentally with Chief Kirkpatrick’s departure.”

Nicks was acting chief during the Zehm confrontation and he publicly backed Thompson’s actions, saying the 36-year-old mentally ill janitor “attacked” and “lunged” at Thompson.

But he later told federal prosecutors that Thompson violated department use-of-force policies and that detectives failed to thoroughly investigate the convenience store beating on March 18, 2006. Zehm died two days later.

“Based on the video, during Officer Thompson’s initial engagement of Otto Zehm, Mr. Zehm appears to be ‘active resistant’ and is not assaultive toward the officer. Therefore Officer Thompson was not authorized to utilize an impact weapon on and strike Zehm,” Nicks said, according to the court records.

The expected testimony is a reversal of the department’s official version of the events. It also contradicts the city’s position that its officers handled the case properly, and that Zehm bore responsibility for the escalation of force by continuing to flail as officers beat him.

Nicks’ 2008 grand jury testimony became a key part of the June 19, 2009, indictment charging Thompson with using unreasonable force and lying to investigators. Indications that Nicks would testify for prosecutors became public in March 2010 and Verner said last month that she wanted to revisit the city’s legal strategy.

But the civil case against the city remains unresolved, and Verner then announced Friday her “intent” to do a full internal and external review of the city’s handling of the case.

53 comments on this story so far. Add yours!
  • Scoutster on September 13 at 12:36 p.m.

    Thanks for your service.

    Good bye.

  • gonefishin1 on September 13 at 12:37 p.m.

    The boat is starting to sink and they realize that now would be the best time to jump before they drown. Kirkpatrick plugged the holes as long as she could. NOW GET THE DOJ TO EXPAND THEIR INVESTIGATION INTO THE GESTAPO CALLED THE SPOKANE POLICE DEPARTMENT

  • Dazzeetrader11 on September 13 at 12:43 p.m.

    Looks like these two corruptions will be on the run soon. Verner should follow.
    For the life of me I cannot fathom how Verner oculd be re-elected let alone have the nerve to run.
    She’s depending on her loyal following (this says something about them too) helping her and that Spokane’s voters still are plain stupid and uniformed.
    It’s an insult to Spokane,. She’s known all along.

    Good riddance to these two though. One thing about Verner and Nicks…they lie so easily and so well. They could tell you that Christmas is Holloween and you’d have to go check your calendar,

    The worst part is that Spokane will be paying pensions of these three rats.

  • brianrbreen on September 13 at 12:46 p.m.

    Well, something many knew. It won’t be until around March, but that’s okay, now maybe something can get done.

  • misjustice on September 13 at 12:47 p.m.

    Don’t let the door hit ya on the way out!

  • PlanB on September 13 at 12:52 p.m.

    If it happened today it wouldn’t be soon enough. But now I’m scared, with Verner likely to remain mayor, just what quality of new police leadership do you think we might get?

  • gonefishin1 on September 13 at 12:59 p.m.

    Plan B, If Condon is smart, he will keep the Otto Zhem and the Spokane Gestapo in the forefront. If he does that, she wont get reelected. If she is smart, she wont hire a chief from within the department. That would be making things worse.

  • Ron_the_Cop on September 13 at 1:01 p.m.

    No crap Sherlock!

    All reading here should read the previous threads on the Otto Zehm tragedy. In my last post here’s my way out that would fix the problem and save the City money:

    http://www.spokesman.com/stories/2011/sep/10/mayor-promises-review-of-zehm-case/?comments#c343398

    The Mayor was disingenuous in her statements at the press conference. She’s trying to buy time by kicking this can down the road until after the election with the promise of this appointment of this commission.

    The Mayor could have easily taken the City out of the criminal case and the organizational/cultural issues with SPD. I’ve said many times before within several weeks the police command staff knew this case had problems. Instead of acting to fix the problem they attempted to cover it up with the assistance of the City Attorney’s Office and Office of the Mayor. This is a failure of leadership that condones police misconduct and attempts to sweep it under the rug.

    The way out is simple as I presented to the Mayor and Council:

    Recommendation No. 1. The Mayor and City Council request the US Attorney’s Office to expand its criminal investigation to include anyone and prosecute any who were complicit and or aided and abetted the cover up for obstruction of justice.

    Recommendation No. 2. The Mayor and City Council request the US Attorney’s Office undertake a pattern and practice investigation of SPD. Similar to what the US DOJ is doing in Seattle.

    It’s clear our Mayor and City Council have no political will to do this. WE THE PEOPLE are not powerless to act and can action to correct this problem if our elected leaders will not:

    See my blog post and the previous one here:

    Mayor Verner kicks the Otto Zehm death cover up down the road again http://tinyurl.com/3h49dgd

  • Blondscence on September 13 at 1:11 p.m.

    She’s responsible for this awful situation. When innocent people get murdered and a coverup is begun, those criminals need to forget pensions.
    Verner knew. Did nothing. She should quit her job and plan her defense. As it now, she still is privy to everything. Conflict of interest. She should be separated from everything…as should Nicks and Kirkpatrick
    DO not vote for this mayor. I won’t.

  • rpmarp on September 13 at 1:16 p.m.

    Dazzeetrader11, did you perhaps mean “uninformed”? Oh, it’s “Halloween”. To all posters, I’m sorry to say that the persons you want for mayor and police chief do not exist in the real world, so dream on.

  • BT on September 13 at 1:17 p.m.

    With our luck Verner will hire another unqualified woman to run another city department. Just remember the people have the power to remove anyone from any elected position. We need a business minded mayor again who will make the city run like it should be ran.

  • brianrbreen on September 13 at 1:19 p.m.

    There is a lot more to it then is reported, and it is going to be some time before it all comes out, if it all does. Don’t be surprised if you see someone else taking the retirement route fairly soon. As I stated in an earlier post I understand the reasons for allowing someone to slip out the back door, and sometimes that’s a good thing. The question is where do we go from here and regardless of any political motivations for this announcement is the Mayor willing to forgo the niceness and really begin to take charge. If she is I’ll support her if not I won’t.

    As Councilperson Apple pointed out the Thompson trial will be an indictment of the SPD and City government the likes of which we haven’t seen before. The important thing is to get beyond it, which will be hard, and then see to it that it doesn’t happen again.

  • horse_feathers on September 13 at 1:30 p.m.

    Jeff Harvey, Brad Thoma and Jay Olsen brush up those resumes you all have a shot and remember the Guild still loves ya.

  • brianrbreen on September 13 at 1:42 p.m.

    @horse_feathers

    Olsen is gone, but I’m not sure about his certification. Thoma will cost money, so will Mehring and it is likely Harvey will as well, to mention a few. The blame can be placed squarely on Kirkpatrick’s shoulders and the Mayor knows that. But Kirkpatrick isn’t alone as far as blame is concerned. It will be interesting to see what happens.

  • GDodd on September 13 at 1:48 p.m.

    Ron for Mayor got my vote

  • TheRoyLarsen on September 13 at 2:20 p.m.

    In four months, Jim Nicks will tell the mayor that someone lied to him about retirement, they withheld information regarding pension benifits, and that he’s changed his mind. He no longer wishes to retire.

  • SpokyDaBear on September 13 at 2:25 p.m.

    Everybody is trying to cash in their retirement benefits before the Feds take them to the hokey…

  • maynard on September 13 at 2:29 p.m.

    Ron has my vote as well.

  • DWD2 on September 13 at 3:23 p.m.

    Have them take the OIS review and Spokane City Prosecutors Office, Spokane Police Department’s investigative team members with them!

  • Liberty_Bell on September 13 at 4:04 p.m.

    Everyone knows those death penality stats are taught at every academy, except for one, that Olympia One!

    http://www.fbi.gov/about-us/investigate/civilrights/federal-statutes.

    Where exactly is Queen Christine, and her Governors Duties as clearly explained in the State Constitution?

    “…and to see that the laws are faithfully executed.”

    Of course as always the Attorney General always has a bit trouble in prosecuting the members of their democratic party, and the Klansmen, as discussed in the Congressional Records of the 42nd Congress’s Ku Klux Act of 1871, law for reform of the democratic party.

  • de3 on September 13 at 4:30 p.m.

    Run out of town, collect full retirement benefits that do not even exist in the private sector, and then leave the multi-million $ lawsuit settlement to the taxpayers.

    That’s called looting and its illegal.

  • de3 on September 13 at 4:41 p.m.

    In today’s Seattle Times, a Seattle PD sergeant just took retirement, after not even bothering to come to work and having stamp literally rubber stamp his signature on filed DUIs. In spite of not coming to work, he was paid $50,000 in over time, over an above his $108k annual salary. Yeah, got paid over time not to work!

    He robbed the public but now retires with a nice fat pension.

    http://seattletimes.nwsource.com/html/localnews/2016185788_duisergeant13m.html

    How do we tell the good police from the scum? There seems to a be lot of scum in Washington law enforcement.

  • Albert on September 13 at 4:55 p.m.

    RON ! I would also vote for you, financially support your campaign, and physically work - door-to-door in your campaign. I’m serious.

    Annie and Nickie would look good in stripes. Maybe that might be a possibility???

  • Liberty_Bell on September 13 at 5:31 p.m.

    Well de3,

    Join the Chiefs team, and you to can get a free membership!

    http://www.waspc.org/index.php?d=102

    Don Pierce, Executive Director, shown best on numerious occasions in a Federal Courtroom.

    Of course those secret backroom deals, really arn’t that secret now are they.

    http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1871

  • misjustice on September 13 at 5:44 p.m.

    ***gonefishin1 on September 13 at 12:59 p.m. Plan B, If Condon is smart, he will keep the Otto Zhem and the Spokane Gestapo in the forefront. If he does that, she wont get reelected.****

    For those harping on this case as well as the “poor minister” case, If that’s all you are going to run on & NOT tell what you CAN DO for this city…….you won’t get my vote. Not even Ron the Cop!

  • brianrbreen on September 13 at 5:47 p.m.

    Keep your fingers crossed Roy.

  • brianrbreen on September 13 at 5:52 p.m.

    @JustMeAgain

    One more then I might get onboard.

  • Ron_the_Cop on September 13 at 6:19 p.m.

    Brian,

    Okay I understand sometimes it better for all involved that folks are eased out the backdoor. HOWEVER when there is an active cover up with people complicit they should be prosecuted for obstruction of justice. These folks violated their oaths of office to WE THE PEOPLE. Both Chief Kirkpatrick and Asst. Chief Nicks were in the captain’s seat during part of this cover up.

    There were others that are definitely more culpable in the cover up and mislead Kirkpatrick and Nicks but the buck stops with them and the Mayor - WHO DID NOTHING for almost two years. In my read of the fed’s proffer filed in April of 2010 former Asst. Chief Oldenthal should be puckering whether he gets tagged with obstruction of justice and Det. Ferguson should have know better than to follow Oldenthal’s unlawful order to edit the video tape.

    NO ONE SHOULD BE ABOVE THE LAW!

    Including Rocky Treppiedi.

    Gee Verner is a strong Mayor and Treppiedi is a big liability to the City. Why Treppied is still around is beyond me - MAYOR VERNER!

    Mayor Verner I understand your wanting to handle this quietly but there are times when you need to wield the axe. This is why the people voted you into office. Perhaps if spine improves you should show SFD Chief Bobby Williams, CFO Cooley, City Atty Delaney the door too:-)

  • Ron_the_Cop on September 13 at 6:20 p.m.

    Justmeagain,

    If the runs of the public treasury which are outright frauds were stopped there would be money to provide essential services e.g., the SPD’s Crimes Againt Property Investigation Unit. Talk about sending the wrong message to the crooks!

  • mdriftmeyer on September 13 at 7:22 p.m.

    To all the Republicans who want Ron and someone else for Mayor and whom blame the Mayor Vernor (D) for this disaster you need to recall that

    KirkPatrick was brought in by Hession after the Otto Zehm case collapsed.

    All the crap and corruption that has slowly surfaced happened under Hession and West’s watch.

  • GDodd on September 13 at 7:28 p.m.

    But this happened under this watch http://spokanehomicide.20m.com/

  • Liberty_Bell on September 13 at 7:50 p.m.

    mdriftmeyer?

    There are hundreds of cases across the Democratic State of the Ku Kluxers
    http://spokanepoliceabuses.wordpress.com/2010/09/

    By the way, the (D) partys favorite invention, you could google up the “Tacoma Method” of the Knights of Labor.

    Of course when one attends a local educational facility, they never teach local about the democratic partys finest hour, Support Your Governor, your Mayor, Your Police Chief, and the Klansmen too….

    A Washington State Governors Duty, in the Constitution’s “Faithfully Executed” Clause?

    http://www.cinarc.org/Violence.html#anchor_197

  • DickAdams on September 13 at 7:52 p.m.

    I think it only fitting we posters pitch in and purchase two orange jump suits for these two liars. Or maybe one pink and one orange? Tomorrow, we should have a contest and select the biggest and best liar is between the two, Verner, or Nicks.? I`ll cast my vote tonight. Verner, hands down.

  • brianrbreen on September 13 at 8:02 p.m.

    @mdriftmeyer

    You are kinda right. IN MY OPINION Hession was trying to get rid of Bragdon, primarily because Bragdon wasn’t willing to toe the line, and the Hensley battle had a lot to do with it. The fire house case brought things to a head and Hession was looking for someone pliable that would look good to the folks, so despite the fact that Kirkpatrick was no where near experienced enough to handle the job and had some other issues he hired her hoping that the “Lie you Die” façade would work for the reelection campaign. Well it didn’t work for his campaign but she was able to sell it for quite a while, and even had Verner and some members of the Council, as well as a lot of the public sold.

    It gets pretty cut-throat inside, but as it stands now there are one and possibly two internal candidates. Since Kirkpatrick has offered to stick around and help, their best bet is to completely disassociate themselves from her as much as they can without showing complete disrespect and at the same time showing they understand how bad it is internally.

    Hession’s hire has, and will cost us a ton, my only concern is where she might be going. I hope my info is wrong but from what I’ve heard she is hoping to go back to the WSCJTC, that’s a double edged sword.

    I along with a lot of cops on the job now hope we do a hell of a lot better next time. But they know, as do I that it will be entirely up to the political people.

  • DWD2 on September 13 at 8:03 p.m.

    Have them take the OIS review and Spokane City Prosecutors Office along with Spokane Police Department’s investigative team with them! And a through review of all officers’ in both spd and svpd due to calibration in criminal acts and send the sheriff of svpd down the road kicking a can furthermore taxpayers should not have to pay any pensions for anybody aiding in these cover-ups they breached their contracts with the people so why reward them? That money could go for city water facilities instead of raising rates of the citizens of this community. You haven’t seen all of it yet check out what’s coming soon to your neighborhood http://spokanehomicide.20m.com/

  • GDodd on September 13 at 8:04 p.m.

    @dick Adams That would be 2 votes

  • westerly on September 13 at 8:04 p.m.

    Nicks will pull down at least $90,000-$100,000 a year.not including tens of thousands of sick leave,accumulated leave etc. Plus medical benefits for life..complements of Spokane peeps.

  • Lulubelle on September 13 at 8:55 p.m.

    Denise Hession was Mayor when Otto Zehm was killed. What’s he got to say about all of this?

  • D Statler on September 13 at 9:10 p.m.

    @brianrbreen, Care to fill us in on the internal candidates? We need to have your full & honest opinion on them please. Thanks for your inside insight sir :^)

  • drywater on September 13 at 9:31 p.m.

    Please, Ann and Jim, give Spokane a break. Get out of town now and don’t let the door hit you in your asses. You left enough stink here as it is.

  • Spokane_Citizen on September 13 at 9:47 p.m.

    Yes, Ron…run for mayor (conveniently, it’s now too late, of course). In the off chance you were ever actually elected, it would do wonders for your personal growth when WE THE PEOPLE inevitably expressed our outrage with your inability to provide total satisfaction. Talk is cheap, especially from the peanut gallery!

  • liberal_in_right_wing_land on September 13 at 10:13 p.m.

    Yes, geniuses lets elect someone mayor because of what he says on a newspapers comments section.

    That would be even dumber than just voting for Cathy McMorris Rogers just because she has an R next to her name, despite the fact she has done little to nothing for the people who keep sending her to Washington.

  • Ron_the_Cop on September 13 at 10:59 p.m.

    Spokane_Citizen,

    You’re lucky I really have no desire to run for public office at this time. I would rather educate the people in this town if they are concerned for their future and why the prevailing wage is so low in this berg then I wouldn’t vote for the status quo.

    I’m not voting for Verner. She renege on promises she made to Sheriff Bamonte to do something about this corruption in this City. I voted for her because I couldn’t bring myself to vote for Hession.

    I’m not thrilled about Condon yet either. So there you have it. As I said it would be cheaper if the feds did their job and cleaned house in this town without regard to being R and or D.

  • Squid on September 13 at 11:19 p.m.

    Liberal, maybe we would like someone in office that has done something to actually make things better in our town, and is obviously honest…. And I happen to like his comments. Might be a nice change eh? Speaking of change…. It wouldn’t be as dumb as electing someone “because I think it’s time for a black president.” Or… “I voted for Clinton, because he’s cute.” The problem is, them thar Liberals vote by appearance, instead of their comments or actions. How’s your hope and change these days? I hope people can find jobs, and get some change in their pockets.

  • liberal_in_right_wing_land on September 14 at 12:39 a.m.

    Obviously Squid has democrats mixed with conservatives here. I don’t think anyone voted for Clinton cause he was “cute” but way to show your stupidity with that statement.

    Republicans vote for people they want to have a beer with, hence why we ended up with a retard who couldn’t speak straight in Bush.

    I voted for Obama because he could actually speak a complete sentence, actually seemed educated and smart unlike the guy before him. Him being black had nothing to do with it, unlike you tea party idiots who hate him solely because he is black, despite him being more republican than some of your own republican running for the nomination (Romney and Huntsman and Gary Johnson).

    However, as of right now, I will not be voting for Obama because of his republican stances on many issues, he is so far from being a democrat and what the party stands for its just pathetic now.

    Might add that I find it totally funny when people on here call him a socialist, all thats doing is making them look stupid since Obama is nothing like a socialist. If you want to see a socialist, read up on Bernie Sanders from Vermont or Ron Reagan, you know your favorite presidents son.

  • brianrbreen on September 14 at 6:50 a.m.

    @undooly_prosecuted

    That wouldn’t be appropriate, and if I were do that publicly at this point Kirkpatrick because of her distain for me would likely make things as difficult for them as she possibly could. If I were back on the job, if she couldn’t find a way to fire me, I’m quite sure she would make a position for a lone graveyard Detective and despite my seniority it would be me.

  • Squid on September 14 at 8:59 a.m.

    Yes, voting for the best speaker and cheerleader has been good for our country, hasn’t it? Can’t chat long, because I have to file for food stamps, and stand in the cheese line.

  • Ron_the_Cop on September 14 at 9:56 a.m.

    Shawn Vestal has an excellent column up on the Mayor’s tea party, FAQs and not standing to answer any questions:

    Mayor’s FAQs on Zehm case short on real answers, again

    http://www.spokesman.com/stories/2011/sep/14/mayors-faqs-on-zehm-case-short-on-real-answers/

  • misjustice on September 14 at 10:40 a.m.

    The “cheese line”?
    That was Ronnie Raygun’s administration; at least he gave us cheese. All Cheney ever gave us was the finger!

  • Squid on September 14 at 11:20 a.m.

    Ronnie had cheesy lines, that are so true:

    “Before I refuse to take your questions, I have an opening statement.”
    “Democracy is worth dying for, because it’s the most deeply honorable form of government ever devised by man.”
    “Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.”
    “Government always finds a need for whatever money it gets.”
    “Government does not solve problems; it subsidizes them.”
    And my personal favorites: http://www.youtube.com/watch?v=NIcDdWgBELY&feature=related …… http://www.youtube.com/watch?v=QK3Eo9cScEQ

    I think Cheney is part of the reason we have the Tea Party, so you won’t hear me defend him. The verdict is still out on him, at this point.

  • Pilewort54 on September 15 at 7:40 p.m.

    I say we decommission the SPD and hire the county to provide police protection; Like the City of the Spokane Valley.

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