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September 14, 2011 in City
Nicks set to retire as chief steps down
Veteran officer played pivotal role in ongoing Zehm controversy
Kirkpatrick
(Full-size photo)(All photos)
The Spokane Police Department’s top two officers are on their way out, leaving city officials to find new leadership as they struggle with the continuing legal fallout surrounding the death of Otto Zehm.
Assistant Chief Jim Nicks announced Tuesday his upcoming retirement will coincide with the previously announced departure of Chief Anne Kirkpatrick.
Nicks, who is 53 and has spent 30 years on the force, played a pivotal role in the city’s handling of the fatal 2006 confrontation involving the unarmed Zehm. At that time, Nicks was acting police chief and publicly backed the actions of Officer Karl F. Thompson Jr., telling the community that the 36-year-old mentally ill Zehm “attacked” and “lunged” at Thompson.
But he later told federal prosecutors a different story, saying Thompson violated department use-of-force policies and that detectives failed to thoroughly investigate the March 16, 2006, convenience store beating. Zehm died two days later.
Nicks is scheduled to testify for the prosecution in the Oct. 11 federal criminal trial of Thompson.
“The timing is right, as I have reached retirement age, to pursue other interests,” Nicks said in a prepared statement. “My retirement is consistent with my long range plans; coincidentally with Chief Kirkpatrick’s departure.”
Kirkpatrick, 52, who openly sought other jobs, previously told officials that she will be leaving early next year. But she has promised to help with the search for her replacement, department spokeswoman Officer Jennifer DeRuwe said.
“Whoever the mayor is, they are going to have a vacancy they need to fill,” DeRuwe said. “There are so many things changing. It’s a new chapter for all of us.”
Mayor Mary Verner traveled to Japan on Tuesday for a ceremony marking the 50th anniversary of Spokane’s Sister Cities’ partnership with Nishinomiya, Japan, and could not be reached for comment.
City Administrator Ted Danek said city officials have not yet decided whether to hire a company to search for talent, but said the search likely will include national, regional and internal candidates.
“I respect both of them greatly,” Danek said. “Chief Nicks has dedicated almost his whole adult life to serving the citizens of Spokane. The chief has done an excellent job in the time she was here. They will be sorely missed.”
While she was respected among city leaders, the Spokane Police Guild sought to have Kirkpatrick fired and announced a vote of no confidence in her and her administration in April 2010.
Kirkpatrick, who was on vacation and deferred a phone call to DeRuwe, said at the time that she considered the vote a failed coup with suspicious timing. She noted that the union vote came months after her unsuccessful attempt to become the chief in Seattle and just days after federal documents revealed that Nicks had reversed his earlier statements and was expected to testify against Thompson.
Efforts to reach guild president Ernie Wuthrich were unsuccessful.
Former Mayor Dennis Hession, who is running for council president against Ben Stuckart, said Nicks did not share with him concerns that officers violated police procedures.
“Jim was always diligent and had the respect of officers and the other senior leadership,” Hession said.
Hession said he selected Kirkpatrick in part because of her ability to bring changes to the department.
“She’s an outstanding leader,” Hession said. “We knew in hiring her that it would be a challenge for her to be in Spokane.”
Councilman Bob Apple, who has been an open critic of how the city has handled the Zehm controversy, said he was sorry to learn of Nicks’ retirement.
“I think he did a fantastic job. He told the truth,” Apple said. “I think he was one of the few people who tried to keep officers in line. I think the chief and assistant chief Nicks did as good a job as anybody could.”
Nicks’ statements to federal investigators contradict 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 clear 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 announced Friday she intended to do a full internal and external review of the city’s handling of the case.
Reporter Jonathan Brunt contributed to this story.
1992 murder trial begins against sex offender 
Ron_the_Cop on September 14 at 3:05 a.m.
There is an older thread for this article with 47 comments:
http://www.spokesman.com/stories/2011/sep/13/spokanes-top-2-police-officials-leaving-department/
oneanddone on September 14 at 4:00 a.m.
Dare I say good riddance to Kirkpatrick? How about next time the city hire someone that looks like a cop and not the Wicked Witch of the West.
Diana on September 14 at 4:37 a.m.
oneanddone, post a picture of yourself and we’ll do a comparison.
The_Seer on September 14 at 6:53 a.m.
Where has Danek been hiding that he comes to the assessment that “they will be sorely missed?”
And Dennis Hession? What? Voters of Spokane, let’s make sure Skelitor doesn’t get the reins of the City Council again.
Liberty_Bell on September 14 at 7:02 a.m.
Voters of Spokane?
Have you ever been to Spokane Seer?
The voters have been explained for thousands of years!
“Man, once surrendering his reason, has no remaining guard against absurdities the most monstrous, and like a ship without a rudder, is the sport of every wind. With such persons, gullibility, which they call faith, takes the helm from the hand of reason and the mind becomes a wreck.”
Thomas Jefferson, 1822
brianrbreen on September 14 at 7:31 a.m.
Interesting quote from Dennis Hession back when he was Mayor.
“ Hession said he still has confidence in Acting Police Chief Jim Nicks and the “outstanding police officers, men and women, (who) provide us with a safe and healthy environment.
“I do recognize, however, that the conduct of Chief Nicks and perhaps others in the Police Department could have raised questions.” Nicks attended the press conference, but did not comment. “
http://www.spokesman.com/stories/2006/jul/18/mayor-looks-outside/
norpass on September 14 at 7:42 a.m.
Spokane PD’s top brass goes bye bye. Hmmm, curious. The part that caught my interest, Mayor Mary is in Japan? WTF??? Who pays for that? The question is rhetorical. Somewhere in the bowels of Spokane City Council, there’s a “rate/tax” increase to cover the expense and cost of ‘Our Lady of the Mayoroyalty’ being all jet-settish on the taxpayer’s dime.
brianrbreen on September 14 at 8:03 a.m.
Perhaps some day Dennis Hession and Chief Kirkpatrick will explain how this forced retirement relates to the editing of the Zehm video.
http://www.spokesman.com/stories/2006/dec/20/deputy-chief-quits-police-department/
Kivaari on September 14 at 8:21 a.m.
So, after working for 30 years as a police officer, upon reaching retirement age, Nicks decides he has had enough. Why would anyone with his time in a thankless job, facing constant public criticism, want to stay around? He did his time in the barrel and the citizens of Spokane can have new meat to abuse. It is too bad he wasn’t under a good pension system like LEOFF 1, then he could have retired at age 50. From all I have gathered he has done a better job for Spokane, then Spokane deserves.
gonefishin1 on September 14 at 8:37 a.m.
well yes, he has done a good job. lied about the zhem case and helped cover up the SPD screw ups. The basic PIO class says DONT SAY ANYTHING UNTILL YOU KNOW THE FACTS. Obviously he didnt take that class. Anne just got the whole mess when she showed up and, tried the best she could. Look how bad she upset the guild, she must have done something right to get the super secret police pissed at her. But, i am glad nicks has decided to do the right thing, tell the truth and ride off into the sunset. BRING ON THE FEDS, LETS CLEAN HOUSE WITH THE SPD and NUKE THE BLUE WALL IN SPOKANE!!!!
Squid on September 14 at 8:54 a.m.
If SPD officers retired at 50, the City of Spokane would be borrowing money from the Chinese about 20 years ago. On the other hand….. The corrupt officers would have a faster turn around.
I’d imagine retiring with full benefits after 4 years for Congress members hasn’t helped our financial situation in the US either.
DickAdams on September 14 at 9:11 a.m.
The SR sees fit not to carry over from the other comments from yesterday`s thread.
I am moving my post to this thread.
“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.”
Add on, I was not alone voting for Verner!
Squid on September 14 at 9:23 a.m.
Verner all the way. it’s the only election that she would get my vote. At least Nicks tried to fix what he did. I have to give him credit for that. But then again…. He might have just been trying to keep from wearing the jumpsuit.
MrNatural on September 14 at 10:10 a.m.
I’m with you on this Kivaari
I realize the armchair morality police can’t help it though because they find hanging public servants in opinionated effigy orgasmic…
Best of luck Assistant Chief Jim Nicks thank you for your 30 years of service to the community…and you too Chief Kirkpatrick
gonefishin1 on September 14 at 10:33 a.m.
you must be a member of the guild. Blue power till the end, lets all go down with the sinking ship…..i bet you also think that the Rodney King guys were just doing their job. Look at history and you will see that every city has had major issues with the police department which requires federal intervention (LA, Newark, Miami, Seattle and im sure there is more. Each of thoes cities have officers that did a really good job but were over shadowed buy the screw ups and oh crap moments. Even the officers who were involved in law breaking started out as good cops. I wont argue that nicks did alot of good when he was on the job but, it takes a dozen good jobs to erase one oh crap….and this was a big oh crap.
As for the chief, I think she got a crap load of a mess when she arrived, she did the best she could and made some changes for the good.
I dont find hanging public servants orgasmic as i am one and belive we are held to a higher standard and people dont expect us to lie or cover things up also, I have a sexy wife who handles all my orgasmic needs,i dont need to roast anyone for that.
Dazzeetrader11 on September 14 at 10:53 a.m.
Verner ever left town to honor a sister city before? Out of reach now…no questions. Let things die down.
Nicks retires on over $150 K per year. Kirk skips to another job somewhere.
See a pattern on this?
Do we ever need a new mayor.!! DO you all know when a city is in big big trouble? The officials lie when they don’t have to. Never to be trusted again. Everyone will point to each other and claim good faith. Times passes and meories fade. In the end, all this looks like is this: a simpleton with nothing but good will in his body had the misfortune of being in the wrong place at the wrong time when he met with murderous cops who instantly began a coverup assisted by their officials and a very corrupt mayor. Verner will be very busy with an obstruction charge. I have no doubt. Her goal is confuse, leave town, etc till November. I hope the public knows it. This isn’t about justice. This is about covering up a coverup on murder….
She should resign and let the city move ahead.
Vote Condon.
gonefishin1 on September 14 at 10:55 a.m.
I do however respect your comments and thoughts.
MrNatural on September 14 at 11:15 a.m.
…eh…don’t mind me…I’m in a holier than thou mood today…
I just find it disheartening to pillory a man…a good man who devoted his life to public safety over a tragic incident.
Squid on September 14 at 11:24 a.m.
Well, MrNatural, part of the problem is that we have too many pillory men killed by pillory men, over a trivial tragic incident. There are many in prison for single trivial tragic incidents.
philipgregory on September 14 at 12:23 p.m.
Obviously MrNatural is a police plant or stooge.
Everyone knows if there is an ongoing sytemic problem in a substantial organization the responsibility lies at the top.
So, let’s not go overboard giving praise to these two who have led the SPD.
Ron_the_Cop on September 14 at 12:47 p.m.
In defense of Chief Nicks my sources say he’s a good guy. The problem is he’s probably too nice. Sometimes you have to make tough decisions. As I’ve said before I believe he was set up by Asst. Chief Oldenthal who ordered the videos to be edited by Det. Ferguson.
Chief Nicks problem is that he relied on Asst. Chief Oldenthat and Asst. City Attorney Rocky Treppiedi that there wasn’t anything of consequence in the video.
Where I fault Chief Nicks in the Zehm case of such importance to the community, I would have looked at the unedited video myself. In research always go to the source on important issues and never rely on others’ representation. Like crimes rates unless I gathered myself or look at the underlying data I wouldn’t trust them as far as I could throw them;-)
BTW Mayor Verner - Why is Treppiedi still working for the city? He’s costing us megabucks. If he won’t leave by way of the back door as the others have - Fire the dude NOW! You have the power to do it. I
Ron_the_Cop on September 14 at 12:48 p.m.
Phillip Gregory,
As to Chief Kirkpatrick she may mean well but has a vindictive streak. IMO she was in way over her head and relied on Chief Nicks to take care of business. They both let the citizens of Spokane down.
The_Seer on September 14 at 1:20 p.m.
Verner needs to fire Rocky, post haste. Then we need to find that skank who got Jim West recalled and get her going on the campaign to remove Rocky from the school board.
Orphan on September 14 at 2:45 p.m.
^^^^I have found something I can 100% agree with Seer on^^^
DickAdams on September 14 at 5:54 p.m.
To Ron the Cop: I find it very difficult to believe Nicks did not review the video tapes and that the liar`s comments covering up for the men in blue, were made subsequent to Nicks`s preview of the tapes. If Nicks did not review the tapes before his press release covering-up, he should be fired for stupidity.
brianrbreen on September 14 at 6:49 p.m.
IN MY OPINION
Holly cow! People are actually beginning to gain an understanding of the case. Nicks was dumb enough to rely on his people(even though he was warned) to tell him what was going on including Rocco, who told him apparently there was nothing on the video to worry about even though Rocco saw the whole thing (sure go ahead try it) and then Rocco provided Grant Fredericks with an edited video for an analysis to defend the civil case.
Beyond some other reasons, Hession and Kirkpatrick got rid of Odenthal,in my view because at that time they knew he had the tape edited to take the bad stuff out. At that point Nicks should have stood up, but he didn’t. During the transition between Hession and Verner There were conversations and emails between the two and Chief Kirkpatrick regarding Zehm and the firehouse case.
All just my opinion!
@DickAdams
Would you happen to know if Slapp suits are covered on someone’s home owners insurance. As if I’m scared to death.
Elkay on September 14 at 7:35 p.m.
Yes. I have my Slapp suit covered as a rider on my homeowner’s insurance. Costly, but worth it. Especially with this current gang.
DickAdams on September 14 at 8:28 p.m.
Brain, I`ll tell you what I`m going to do. I`ll call one of the low life ambulance chasers who advertise on TV and ask one of them if slapp is covered under my homeowners insurance. No matter if it is or not, I expect the low life to tell me its not covered and ask if I need an attorney. These attorneys are spending oodles money and its sounds to me, as if they don`t care if the person calling them is right or wrong. Sue them is their battler cry.
Squid on September 15 at 9:38 a.m.
He called you Brain. I never have anyone misspell my name in a complimentary way. Jealous.