February 23, 2012 in City

Clark: Drunken cop back on job after hiring genius lawyer

Doug Clark The Spokesman-Review

Tags:Brad ThomaDUIRhymes with beery foam-aSpoCopLandSpokane Police Department

A mediated settlement would reward drunken driver Brad Thoma with nearly 300 grand in back pay and lawyer fees, plus put the fired Spokane police sergeant back on the job at the reduced rank of detective.

Well, thank God.

I’ve seen how things normally work out for errant cops around here.

We’re lucky we don’t have to raise Thoma’s pay and make him chief, too.

Who says grime doesn’t pay?

Not Thoma. He’s been holing eagles ever since that fateful golf outing in 2009.

To recap: Tests showed Thoma (rhymes with beery “foam-a”) was plowed when he plowed his appropriately named Dodge Ram into the back of a citizen’s pickup.

Thoma, a law enforcement professional who has no doubt dealt with countless drunken drivers during his career, knew exactly what to do:

Flee the crime scene like our last days in Vietnam.

The freedom run didn’t last long. Tailed by the victim and another driver, Thoma was soon nabbed by a state trooper in a supermarket parking lot.

Good thing.

Tests showed the guy drank so much he was damn near Thomatose.

Many of us assumed (hoped?) the tawdry tale of Thoma would end with his firing being upheld as sound and just.

Ah, but life is rarely so just in SpoCopLand.

This is the place where a drunken off-duty officer got away with shooting an unarmed civilian in the head, where an off-duty sheriff’s detective wagged his manhood at a barista only to have his firing overturned by a board of numbskulls, where a …

OK. You get the idea.

What I’m saying is that all a bad cop needs to get out of a jam around here is a sob story and a sly lawyer.

The Thoma case looked simple on the surface.

One of our yahoos in blue had a few too many and then did some really dumb and unbecoming things.

As we now learn, however, Thoma suffers from the disease of alcoholism due to all the guilt of having to enforce laws for a living.

Funny. Nobody seemed to know that Thoma was an alcoholic until after he rear-ended and ran.

But that’s the thing about a good defense. Why come up with one unless you really need it?

The point is that Thoma’s attorney, Bob Dunn, equates his client’s elbow-bending fender-bender with someone who suffers from epilepsy.

Hitting that truck was like an epileptic having a neurological seizure.

Genius. Pure genius.

Poor Thoma must suffer from amnesia, too.

That’s the only disease I can think of to explain why a veteran police officer would take off like a cowardly crook.

But why get bogged down in needless logic?

There’s a deeper issue to all this, my friends.

And that is if you don’t already have the number of Dunn’s law firm saved onto the contact list of your smartphone, well, you better do it now.

This guy’s so good that I’m thinking of getting bombed and running naked through the nearest Rosauers store.

Don’t laugh. I’ll own this newspaper by the time Dunn gets through filing briefs.

That said, the aforementioned settlement still hangs on a vote of council members.

But if you’re hoping for the council to break years of precedent and suddenly grow a spine and do the right thing, well, don’t bank on it.

Spokane Mayor David Condon is already in full political backpedal mode over Thoma.

In a Wednesday press release, Condon powerfully declares that paying off Thoma “sends the wrong message to our community, it does not represent our values.”

While on the other hand …

“We are proposing this settlement to protect taxpayer dollars. Within the state legal constraints we operate under, this is a good legal and financial decision for the City.”

Thank you, Mayor Doublespeak.

And out-of-towners wonder why Spokane has so many one-term mayors.

Doug Clark is a columnist for The Spokesman-Review. He can be reached at (509) 459-5432 or by email at dougc@spokesman.com.

38 comments on this story so far. Add yours!

greenlibertarian2nd on February 23 at 2:06 a.m.
A better than average column, Doug. I especially liked the unstated- understated futility and horror of the Vietnam War. Yeah, let’s blow this pop-stand.
I mean when the Pentagon Papers come out, and it’s like, whoa, let’s get the hell out of this- it’s all lies, pronto Kimosabe.
Same level of futility. We throw a toothless Ombudsmen at the problem and it’s an inside joke with the Guild goons that will stand with any bad cop, NO MATTER WHAT!
I understand BrianBreen’s point that unusually, the law’s been changed to “help” scofflaws like Thoma. Indemnify, I should say, retroactively.
But this still looks like ick.
I second the motion for somebody to tally up the TOTAL cost to us taxpayers for the incompetence, mis-, and malfeasance of SPD going back decades. I’m pretty sure it’s enormous.
(Course, the RPS deal was another tax-payer scam, but that’s a whole ‘nother topic)
liberal_in_right_wing_land on February 23 at 4:06 a.m.
Not a huge fan of Clark, but man hating on the Spokane police sure brings everyone together.
Stupid pathetic band of law breaking losers.
Slightlyworried on February 23 at 4:09 a.m.
Looks like Thompson hired the wrong attorney.
oneanddone on February 23 at 5:41 a.m.
When I read Vietnam references such as Clark’s and GreenLibs, my first thought is that you have no idea what you’re talking about. Either that or you both were enjoying your extended vacation in Calgary. I was one of those guys who got to sneak out of Saigon like the Colts out of Baltimore. But I was there and did what was expected - as opposed to your ilk. So I see guys like you as this cop, breaking the law and then running from responsibility. Next time leave the military references to those who deserve to use them.
SpokaneLiberal on February 23 at 5:59 a.m.
Write every member of the council, the human rights commission head (sortiz@hum.wa.gov), and Condon (mayor@spokanecity.org). Let them know how you feel about paying 300K and rehiring someone that if they applied today would not meet the criteria for hire. Someone I know also suggested that we let them know that we will sue the city if Thoma ever works a case we are involved in (victim or perp) or issue a ticket. The more stink that is raised the better.
I also think maybe we should start contacting legislators to weaken employment protections for police.
Scoutster on February 23 at 6:29 a.m.
Doug, time for a new “Otto” button for the citizenry to express it’s disgust with these people.

How about a bumper sticker?
SPD: Break for me! with a smiling picture of Thoma
Or:
Spokane Police: .171 = $275K
Or:
Spokane, where drunk driving is an illness
Run a contest. A better one is out there.
dataxman on February 23 at 6:30 a.m.
Guess we can hope he celebrates his new found wealth with a couple nice bottles of hooch and passes out face down on his cheap lime-green shag carpet - and then aspirates his own vomit…
Scoutster on February 23 at 6:31 a.m.
Brake for me.
riverlaw on February 23 at 6:36 a.m.
Does this deserve a salute?
ChefGus/ John Olsen on February 23 at 7:01 a.m.
Alcoholism being claimed as a disability and a human rights concern is an obscene and potentially very very damaging precedent. If this goes to trial it could go all the way to the Supreme Court.
My understanding is that some “local” human rights worker made the call on this one even going to mediation…and that Ms Ortiz who is on the other side of the state was not consulted, nor did she confer and add her consensus to this action.
Take it to court. Period. Make Case Law out of it and every employer of every company will be at risk for all of the “disabled drunks” on their staff….. if a person is “disabled” for any reason then any Human Resources expert will tell you, that they get special treatment under the Disabilities Act and you will never be able to fire them. John
Slightlyworried on February 23 at 7:29 a.m.
@riverlaw
Thanks for todays good laugh.
westerly on February 23 at 7:40 a.m.
Spokane is really breaking down with cop problems, fire problems, crime, no jobs, run away costs….sucks…
lewis8457 on February 23 at 7:44 a.m.
I envy you Doug, you have the best job in the world and in the best place. You don’t have to even think up stories you can just wait and know a police or corrupt city official story will land in your lap.
One day a drunken public prosecutor the next a drunken cop.
Doug do you have any word who will be taking Thomas place at the poker game over at Klubber’s house?
Albert on February 23 at 7:56 a.m.
Well Said Doug!!!
Adelaide on February 23 at 7:59 a.m.
While I normally like this column, this one is just stupid. Olson was found not guilty by a jury, not much the city and SPD higher ups can do about that. The city was forced to give Thoma his job back after state law changed and the law was applied retroactively. The city could have fought it in court and they would have lost.
terryalan on February 23 at 8:00 a.m.
Good for you Doug!!! Love your columns…glad Spokane has you.
DickAdams on February 23 at 8:02 a.m.
I`m wondering if Bob Dunn has been working with Roco Treppiedi using the clandestine room on the 5th floor of city hall? By the (new) looks of things Mayor Condon, it appears, corruption is alive and well in the Lilac City . Under the Spokane Municipal Code there is a way to cut short Condon`s four year term?
2cents&change on February 23 at 8:13 a.m.
Thanks for a good column Doug. Maybe it is time to recognize this “disability” and install beer kegs next to the soda and candy machines in break rooms at SPD and all City facilities. Just think of the potential for marketing and sponsorships.
Another episode in the reality show that is “Stupid in Spokane”.
Albert on February 23 at 8:14 a.m.
Mr. Adams we need someone with the energy, time, and finances to launch a recall - IMMEDIATELY!
GaryP on February 23 at 8:22 a.m.
What all of you fail to realize is the Anne Kirkpatrick’s incompetence caused him to get his job back. She didn’t fire him for what he did which would have been upheld by an arbitor. She made an offer, pulled it back, made another offer, then pulled it back and fired him because she wouldn’t put a breath machine in a patrol car! How stupid can you be?!!!Dui with extenuating circumstances(pos hit and run) would have been upheld. Her stupidity once again cost the city. As far as Det Mehring and Harvey getting or going to get a ton of money, she screwed up those because they shouldn’t have been fired to begin with.
mikeln on February 23 at 8:29 a.m.
I agree with gus. Where is this going to lead? How will they justify prosecuting dui’s when these people can say I have a disease. Wouldn’t that be like charging a cancer patient with a crime? The guy was fired and it should stay that way.
horse_feathers on February 23 at 8:37 a.m.
Human rights were never meant to be the right to do wrong and completely disgusting things to the citizens of our communities.
Human rights were suspose to protect the citizens from government using their over zealous power to do injustice to the citizens.
Make no mistake about it SPD, the mayor, city hall and the “Human Rights Comission” is government and they are taking our rights away by turning real human rights upside down, using it against the innocent citizens of our community.
brianrbreen on February 23 at 8:53 a.m.
@GaryP
The H&R would have passed muster for termination, but no one bothered to tell the County Prosecutor not to deal away the H&R. Cossey and Dunn love those folks.
She didn’t even have to sign the waiver if she didn’t want to. All she had to do was say you enter a treatment facility on your extended sick leave, once you have successfully completed that you may return to work and you will be assigned to day shift front desk duty, and Officer Mann will be reassigned. You will not drive a city vehicle until your time runs, you will continue treatment and provide your treatment records to your physicians and me. You will sign this last chance contract and I will not tolerate any instances of misconduct.
Pretty simple to comply with ADA, not sign a waiver, and keep the City from having to pay big bucks. Not the best outcome but since the H&R was plead away… reasonable, and a lot less costly.
The same thing happens every other month with cops, and there are a number of cops throughout the nation that have DUI records and are still on the job.
brianrbreen on February 23 at 9:33 a.m.
@GaryP
I’m sure you noticed this. Thoma’s IA history hasn’t been plastered all over the media like Harvey’s was. That could mean a few things: 1. There are no previous adverse IA findings. 2. There are previous IA findings and to release them would really make the City look bad. 3. They learned their lesson with Harvey.
polistra on February 23 at 10:17 a.m.
This whole mess was brought to you by your dear “conservative” Republicans. “Conservative” Bob Dole and “conservative” Bush Senior conspired to push the suicidal ADA into law, resulting in fewer jobs for REAL disabled people, and lots of wildly expensive idiocy like this.
Now “conservative” Condon goes along with ADA lunacy instead of fighting it.
Learned anything? No.
The_Seer on February 23 at 11:46 a.m.
I sometimes wonder if the completely inept boys at city legal are in collusion with the likes of Dunn, Orescovich, Cossey, and all the other slime bag lawyers in Spokane who don’t have a problem getting wealthy on the back of taxpayers. None of them probably live in the city anyway. There are only two explanations: They are colluding with others every time they issue such faulty legal advice or they are morons.
Which is it?
MrNatural on February 23 at 12:07 p.m.
Does anyone with an opinion including Doug Cluck actually know Brad Toma?
Did you ever work with him or have any other association familiar enough to righteously defame his character?
Is it common rule and acceptable now to vent public distain and sophmoric criticism toward anyone you don’t know?
I wonder about people who publically revel in venom toward local citizens…
SMARTGUY on February 23 at 12:14 p.m.
What we should do is find out who is responsible for changing the law and fire them, and change it back, that would truly solve the situation.
The_Seer on February 23 at 12:24 p.m.
“Thomatose”
One of Clark’s better neologisms.
silverlake89 on February 23 at 12:45 p.m.
Mr. Natural ~ Thoma publically defamed himself and we’re just talking about it. If you don’t want people talking about you then don’t get caught drinking and driving, hit and running, getting into bar fights, etc.
No one needs to know Thoma personally to know we’re paying nearly 300,000.00 to him and his attorney. This effects all of us and warrants public discussion (and disdain) IMO.
brianrbreen on February 23 at 1:30 p.m.
“ Did you ever work with him or have any other association familiar enough to righteously defame his character?”
I’d guess you don’t want to go there. But your point is well taken. Could he be a good cop…could be…does he want to give up the big buck settlement just to go back on the job…who knows…looks like it.
Does he have a problem…no question…he was diagnosed with one…Do I know what is in his personnel file…maybe…does the public…No.
Is the public pi##ed sure…should they be…Yes…who should they be pi##ed off at if they don’t want him on the job, me, you, the City, the Guild, or a City that has no clue how to handle IA cases in the interest of the community and the department? You tell me.
I won’t “defame” his “character”, he has done that himself, it happens and you deal with it.
Yes the enemy is you…but by the same token…the enemy is I…and I know that.
MrNatural on February 23 at 1:39 p.m.
silverlake89…I couldn’t disagree more…I personally believe that anyone who publically derides another individual much less prides themselves for doing it has at the very least poor ambition.
I knew Mr. Toma and watched as he admirably processed hundreds of meth criminals and meth labs off the street in this community. To what discussion has this made news? or are we too disposed to indignation and condemnation to acknowledge the good a person does?
kennyhuston on February 23 at 1:46 p.m.
Blame the prosecutor’s office for pleading away the Hit & Run charge. Had he been convicted of this charge, his firing would’ve gone smoothly and not cost the city $$$$$.
@ The Seer ~
I think you’re onto something with the allegations of collusion!!!!! How else could the city be getting SUCH SHI**Y legal advice? It’s kinda fishy how all this crappy legal advice has resulted in MILLION$$$ PAID OUT ~ HUH?
MAYOR CONDON, WHEN ARE TREPEDDI & CO. LEAVING?!?!?
brianrbreen on February 23 at 1:48 p.m.
I’m pretty sure you don’t want to get into that history, and the Federal meth funds involved.
silverlake89 on February 23 at 2:10 p.m.
Mr Natural ~ “…or are we too disposed to indignation and condemnation to acknowledge the good a person does?”
Generally speaking you are expected to show up to work and do your job and most of us don’t expect public accolades to do a good job, just a paycheck works for me. You say he was doing his job while employed…well good for him, I do that too and so do a lot of other people.
“…I personally believe that anyone who publically derides another individual…”
Thoma created this spectacle, his audacity is almost unbelievable, most of us probably wouldn’t give this a second look except that we are all paying for it. If you don’t like being a public person then don’t choose a job in public service and don’t make a mockery of public trust.
MrNatural on February 23 at 2:41 p.m.
And such are the disparities of opinion silverlake…nothing personal
liveinfearoftheSPD on February 23 at 2:58 p.m.
One would think he would have been grateful for not being prosecuted for the H&R and accepted the firing as the lesser of 2 evils. Especially after being offered other jobs before he was fired.
But as has been proven in the past dealing with LE there is no gratitude.
mary1958 on February 24 at 10:15 p.m.
@ MRNatural
I did not know Thoma personally. Every person has two sides. Some just have more on the good than bad and vice versa. Sometimes they may have only one bad thing on the bad side but it IS REALLY BAD. The point here is that Thoma has developed an incurable disease due to his work as a law enforcement officer. Because recovery is a long and sometimes impossible road, driving and carrying a gun is not a good idea especially since Thoma’s relapse trigger at the top of the list is: 1) Working as a law enforcement officer. He also has shown a lack of character (conduct unbecoming) in that he left the scene of his crime. These are facts are they not. Must I have supped with him or anything more to be able to say that I don’t want him as a LE officer in my community?