Topics
Otto Zehm
Summary
A jury convicted Spokane Police Officer Karl F. Thompson Jr. of needlessly beating Otto Zehm and then lying about it to cover up his actions. The verdict was delivered in federal court in Yakima on Wednesday, Nov. 2, 2011 – five years and seven months since Zehm’s life ended and questions of police accountability began.
Thompson ultimately was sentenced to 51 months in federal prison, although he promptly filed his plan to appeal. Thompson was transferred to a federal detention center in Seattle.
On March 18, 2006, Otto Zehm was beaten, shocked and hog-tied by police officers in a north Spokane Zip Trip, after he was accused erroneously of theft. He died two days later at a Spokane hospital. Thompson was the first responding officer.
On May 21, 2012, the Spokane City Council closed one chapter of the excessive force case by finalizing the $1.67 million settlement with the family of Otto Zehm. The deal was reached in mediation between city representatives, including Mayor David Condon, and Zehm family attorneys.
Condon has issued a handwritten apology to Zehm’s mother, Anna, and recently, the Spokane Park Board placed a memorial plaque for Zehm in Mission Park. Also, the police department must provide crisis-intervention training for all Spokane police officers who aren’t scheduled to retire within a year and provide $50,000 for a consultant to help the city implement changes to its use-of-force policy.
At the Zip Trip convenience store, officers confronted Zehm, 36, who was holding a pop bottle. Zehm was beaten with a baton, shocked with a Taser and left “hogtied” on the floor.
In May 2006, Spokane County Medical Examiner Sally Aiken ruled that Zehm died as a result of homicide, with lack of oxygen to the brain as the official cause.
Public outcry over Zehm’s death and others prompted outside review of the Police Department, changes to protocol and the creation of a police ombudsman position. The latter has drawn criticism.
In March 2009, the Center for Justice filed a federal civil rights suit against the city of Spokane and nine of its police officers on behalf of Zehm’s family. The lawsuit alleged that officers used excessive force and that the police department and its former acting chief, Jim Nicks, engaged in a conspiracy to portray Zehm as the aggressor.
In June 2009, a federal grand jury handed down two indictments against Thompson, accusing him of violating Zehm’s civil rights.
Documents filed in April 2010 raised serious new allegations in the case. In them, federal prosecutors suggest members of the Spokane Police Department tried to cover up their handling of the confrontation with Zehm and that the agency’s investigation clearing officers of wrongdoing was incomplete and inaccurate.
A timeline of the case shows five years of complex legal wrangling involving the criminal case against Thompson and a $2.9 million civil claim by Zehm’s mother and estate against the city of Spokane.
Recently unsealed federal court files show that the lead investigator within the police department, detective Terry Ferguson, knew that if the video of Zehm’s death became public, the results would be ‘inflammatory.’ Thompson also sent emails to police union officials requesting that they research deaths caused by a condition known as ‘excited delirium.’
Thompson’s sentencing on Nov. 15, 2012 followed a complex legal process that included a rare re-examination of jurors. Federal authorities also have questioned the legitimacy of Thompson’s divorce, which was used as a basis for a judge to declare him indigent, allowing Thompson to use more than half a million dollars in taxpayer money for his defense.
Key people
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Otto Zehm
Otto Zehm, a 36-year-old, recently out-of-work janitor who had schizophrenia, kept to himself. The exception was a small group of friends he would invite over for late-night guitar jam sessions. On most nights, he ate his dinners at convenience stores. On March 18, 2006, Zehm was in a Zip Trip in north Spokane when he was confronted by Officer Karl F. Thompson Jr., who was responding to an erroneous report that Zehm had stolen money from the ATM where he cashed his checks. After a struggle that included police baton strikes, Taser jolts and the arrival of six other officers, Zehm was hog-tied and a medical mask intended only for use with a dedicated oxygen supply strapped over his nose and mouth. He stopped breathing and died two days later.
Read our 2006 profile: Otto Zehm: a life on the margins
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Karl Thompson
Karl Thompson was a police officer in Los Angeles before moving to Kootenai County in 1979, where he resided until he began serving his prison term. He and his co-workers were watching the Gonzaga Bulldogs men’s basketball team play an NCAA tournament game when the call came in about Zehm. Thompson responded because he “is originally from Los Angeles, lives in North Idaho, and had no interest in the GU game,” according to court documents. Thompson divorced his wife of nearly 40 years after a $2.9 million civil rights lawsuit was filed in 2009 on behalf of Zehm. Thompson began his career in the U.S. Army in 1965. He ran unsuccessfully for sheriff as a Democrat in Kootenai County in 1996. He joined the Spokane Police Department in 1997 after graduating at the top of his basic training academy class.
Read our 2009 profile: Officer has lengthy, varied police career
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Jim Nicks
Assistant police Chief Jim Nicks was acting police chief at the time of the confrontation. He spoke with the news media just after the incident on March 18, 2006, and said Zehm had lunged at Thompson with a plastic soda bottle and a “very horrific” fight ensued. He said officers used the lowest level of force possible and complied with policy. But in 2008, Nicks told a grand jury that Zehm was retreating “the entire time” that Thompson was charging and attacking with his baton, according to court documents. He said Thompson’s use of the baton was “objectively unreasonable and violated Spokane Police Department use of force policies.” The testimony was detailed in documents filed in U.S. District Court. Nicks retired in 2012 after 30 years on the force.
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Rocky Treppiedi
Then-Spokane Assistant City Attorney Rocky Treppiedi, the Police Department’s legal adviser, responded to the scene the night of the Zehm confrontation. Since then, his defense of the city and its officers in the civil case were criticized by the U.S. Justice Department, which argued that Treppiedi had placed his interests in the civil case above the “search for the truth.” The city responded that federal authorities inappropriately tried to manage the civil case. Treppiedi’s work on the Zehm case became an issue in the 2011 mayoral campaign and when Mayor David Condon took office, Treppiedi was fired. Treppiedi, who is a member of the Spokane School Board, had a reputation as a hard worker and fierce advocate for City Hall. His supporters say he’s likely saved the city large amounts of money with his aggressive style. But he’s been involved in other controversies, most notably in 1994, when he authorized police to search the hotel room of a national CBS news crew in town to do a story about a well-known Gypsy family.
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Timothy Durkin
Assistant U.S. Attorney Timothy Durkin has overseen the federal case that led to criminal charges against Thompson and the ongoing investigation that authorities say could lead to charges against at least one more officer. A veteran prosecutor with a knack for complex legal cases, he grew up in Anaconda, Mont., and attended Pacific University before earning his law degree from the University of Idaho law school. He worked in private practice before going to work as a Spokane County deputy prosecutor in the civil division in 1996. The 49-year-old married father of three left the county in 2004 to work for the U.S. Justice Department, first under U.S. Attorney Jim McDevitt and now under U.S. Attorney Mike Ormsby.
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Carl Oreskovich
Defense attorney Carl Oreskovich, 56, the lead defense attorney for Thompson, grew up in Butte, Mont., and attended Seattle University before earning his law degree from the University of Montana law school. He is considered one of the premier defense attorneys in the Spokane area. Among his high-profile cases is the 2007 plea agreement for Carole DeLeon, who had been accused of starving her foster son to death in a rural Stevens County home. Oreskovich also helped in 2008 exonerate Clifford Helm, who was charged with killing five members of the same family in a horrific crash. Most recently, he won the exoneration of Spokane firefighter Todd Chism on charges that he assaulted two Washington State Patrol troopers.
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Fred Van Sickle
U.S. District Court Judge Fred Van Sickle has presided over the case since Thompson was indicted in 2009. The senior judge moved the trial to Yakima after Oreskovich said pre-trial publicity could bias a Spokane jury. He also has prohibited any testimony about Zehm’s innocence, which prompted a delay in the trial last March as prosecutors appealed the ruling. Van Sickle, 68, was appointed to the bench in 1991 by President George H.W. Bush after serving as a Superior Court judge in Grant and Douglas counties and practicing law in Eastern Washington. He served as a lieutenant in the U.S. Army Judge Advocate Corps from 1968 to 1970 after graduating from the University of Washington law school.
Key places
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Zip Trip
Otto Zehm was visiting the Zip Trip convenience store at Division and Augusta streets in North Spokane when police confronted him inside the store on March 18, 2006. An erroneous accusation that Zehm stole money from an ATM lead police to respond to the Zip Trip that night. After entering the store and approaching Zehm, Officer Karl Thompson struck him with a baton (shown in the image at right, taken from security camera footage) and shocked him with a Taser. Multiple officers responded to the call, hog-tie Zehm and place a plastic mask over his face. Zehm stopped breathing and died two days later.
Latest updates in this topic
Condon to open coffers for TV ad blitz
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Thompson colleague: Feds manipulated him
YAKIMA – After obtaining an immunity letter from the U.S. Department of Justice, Spokane police Officer Tim Moses testified he could not remember or disputed any incriminating things he previously …
Shawn Vestal: Bottle report a lot of fizz but little pop
The Otto Zehm case produced its first moment of comedy this week, though it’s not funny-ha-ha. It’s funny-stupid.
Thompson trial: Officer disputes own grand jury testimony
YAKIMA – After obtaining an immunity letter from the U.S. Department of Justice, Spokane police Officer Tim Moses testified he could not remember or disputed any incriminating things he previously …
EMT, medical examiner testify about baton injuries to Zehm
YAKIMA – For the first time since the trial of Spokane police Officer Karl F. Thompson Jr. began last week, federal prosecutors walked out of the William O. Douglas federal …
Three testify Thompson clubbed Zehm in head
For the first time since the trial of Spokane Police Office Karl F. Thompson Jr. began last week, federal prosecutors walked out of the William O. Douglas federal courthouse this …
Officer denied Zehm lunged, judge told
YAKIMA – On the eve of his anticipated testimony, Assistant Spokane police Chief Jim Nicks disclosed to prosecutors that he believes Officer Karl F. Thompson Jr. tried to “manipulate” his …
Nicks: Thompson approached him about ‘lunge’
On the eve of his anticipated testimony, Assistant Spokane Police Chief Jim Nicks disclosed to prosecutors that he believes Officer Karl F. Thompson Jr. tried to “manipulate” his testimony.
Police trainer says Thompson had no reason for using force against Zehm
YAKIMA – Had the fatal confrontation with Otto Zehm been a mock scenario used in training, Spokane police Officer Karl F. Thompson Jr. would have failed, a use-of-force expert testified …
Baton attack on Zehm unnecessary, expert testifies
Had the fatal confrontation with Otto Zehm been a mock scenario used in training, Spokane Police Officer Karl F. Thompson Jr. would have flunked, a use-of-force expert testified on Monday.
Baton use quick, jury told
Two Spokane women who were teenagers when they saw Spokane police Officer Karl Thompson confront Otto Zehm at a convenience store told jurors in Thompson’s excessive force trial Friday that …
Officer said deadly force not required for Zehm
After the encounter that led to Otto Zehm’s death, Spokane police Officer Karl Thompson told an investigator he didn’t feel deadly force was needed against the suspect.
Judge denies plea to throw out case
YAKIMA – A defense request to throw out the excessive force case against Spokane police Officer Karl F. Thompson Jr. was denied following a fiery exchange Thursday about the prosecution’s …
Thompson trial opens with legal wrangling
YAKIMA – After years of clashing on paper, attorneys in the excessive force trial of Spokane police Officer Karl F. Thompson Jr. took their frustrations out on each other Thursday …
Lawyers clash in first day of Thompson trial
YAKIMA – After years of clashing on paper, attorneys in the excessive force trial of Spokane Police Officer Karl F. Thompson Jr. took their frustrations out on each other Thursday …
Judge denies motion to dismiss Zehm trial
A defense request to throw out the excessive force case against Spokane police Officer Karl F. Thompson Jr. was denied following a fiery exchange today about prosecution portrayals of Otto …
Tracking the Trial
Otto Zehm’s death in 2006 polarized the community and sparked calls for reform. The complex legal battle over his death that followed has brought criticism of Spokane city leaders’ handling …
Eight men, four women to hear Thompson case
YAKIMA – The jurors who will decide the fate of Spokane police Officer Karl F. Thompson Jr. have careers ranging from scientist to wastewater worker. The panel includes eight men, …
Jurors picked; Thompson trial under way
YAKIMA – The jurors who will decide the fate of Spokane police Officer Karl F. Thompson Jr. have careers ranging from scientist to waste water worker. The panel includes eight …
The Thompson trial: Key players
Otto Zehm: A 36-year-old, recently out-of-work janitor who had schizophrenia, Zehm mostly kept to himself. The exception was a small group of friends he would invite over for late-night guitar …
A Community’s closure
Otto Zehm’s death in 2006 polarized the community and sparked calls for reform. The complex legal battle over his death that followed has brought criticism of Spokane city leaders’ handling …
Council limits police reviews
Spokane’s police ombudsman on Monday lost the power to independently investigate misconduct allegations against the city’s law enforcement officers. The Spokane City Council voted 5-2 Monday to repeal police oversight …
Clark: Venue change is slap to Spokane jurors
The verdict is in. Anyone desiring to watch the upcoming federal trial of Karl Thompson Jr. – the Spokane cop whose deadly encounter with Otto Zehm earned him an excessive …
Zehm family feeling ‘shut out,’ lawyer says
A federal judge will hold another hearing this morning after attorneys objected to moving the upcoming criminal trial of Spokane police Officer Karl F. Thompson Jr. to Yakima. U.S. District …
Feds ask judge to keep Zehm trial in Spokane
A federal prosecutor has asked a judge to reconsider his Tuesday decision to move the upcoming criminal trial of Spokane Police Officer Karl F. Thompson Jr. to Yakima. But defense …
Zehm trial moves to Yakima
A federal judge Tuesday moved the upcoming criminal trial of Spokane police Officer Karl F. Thompson Jr. to Yakima after defense attorneys raised concerns that local media coverage of Thompson’s …
Zehm trial will be moved to Yakima
A federal judge Tuesday moved the upcoming criminal trial of Spokane Police Officer Karl F. Thompson Jr. to Yakima after defense attorneys had raised concerns about the extent of local …
Shawn Vestal: Zehm case demands city’s focus
Never mind. The city of Spokane did a little double-checking Friday, and acknowledged that its explanation three weeks ago of a key question in the Otto Zehm case was wrong: …
City’s FAQ answers challenged
Spokane city leaders are continuing to mislead the public about the fatal Otto Zehm confrontation, new court documents suggest. Federal authorities say city officials provided “patently false” information in a …
‘Slew of evidence’ in Zehm trial
While attorneys got few final answers Thursday, they outlined the parameters that will determine the legal battleground for the Spokane police officer charged in the fatal confrontation with Otto Zehm. …
Consultant poised for Zehm case review
When Spokane Mayor Mary Verner promised this month that there will be an internal review examining the death of Otto Zehm, it wasn’t the first time a city leader has …
Second officer under investigation in Zehm case identified
With the excessive force trial of a Spokane police officer less than a month away, the identity of a second officer under active federal investigation in connection with the fatal …