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.
Updated Nov. 28, 2012 by Riley Jessett, intern
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Latest updates in this topic
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Zehm settlement between City of Spokane and its insurance company
March 20, 2013 in City This settlement in the Zehm lawsuit was a separate agreement between the City of Spokane and its insurance company, the Insurance Company of the State of Pennsylvania.
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Settlement agreement to Zehm civil suit
March 20, 2013 in City Settlement between the City of Spokane and Otto Zehm Estate agreed to in May 2012.
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Ruling: Thompson doesn’t owe restitution
March 12, 2013 in City U.S. District Court Judge Fred Van Sickle ruled March 11, 2013 that former Spokane Police Officer Karl F. Thompson will not have to pay restitution to the family of Otto …
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Condon letter to Spokane Park Board
August 10, 2012City, in News Spokane Mayor David Condon wrote this letter dated June 18, 2012 to the Spokane Park Board requesting that the board dedicate the picnic shelter at Mission Park in honor of …
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Juror letter to Judge VanSickle
August 7, 2012 in City A redacted copy of a letter sent by a juror on the Karl Thompson trial to the federal judge overseeing the case was unsealed on Aug. 7, 2012.
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Condon letter to Ann Zehm
June 13, 2012City, in News In this letter to Ann Zehm from June 4, 2012, Spokane Mayor David Condon apologizes for the death of her son, Otto Zehm. City officials agreed to send Ann Zehm …
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Zehm settlement
May 21, 2012City, in News The Spokane City Council on Monday, May 21, 2012, voted 7-0 in favor of this settlement with the family and estate of Otto Zehm.
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Order vacating sentencing hearing
January 5, 2012 in News An order vacating the sentencing hearing for Spokane Police Officer Karl F. Thompson Jr.
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AhmedResponse12292011
January 5, 2012 in City Justice Department counsel Aine Ahmed’s response to Grant Fredericks’ allegations that prosecutors withheld information from defense, and request to waive confidentiality agreement.
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Order denying request to talk to Thompson jurors
December 6, 2011City, in News A judge has denied a request by former Spokane police Officer Karl Thompson’s attorney’s to interview the jurors who convicted him last month of two felonies in connection with the …
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Hostile witness memo
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Application for order requiring testimony
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Order requiring testimony
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City’s FAQs on Zehm cases (released Sept. 9, 2011)
September 29, 2011 in News City officials released this list of “Frequently Asked Questions” during a news briefing about the Otto Zehm matter on Sept. 9, 2011. At the event, Mayor Mary Verner announced her …
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Declaration by Oreskovich asking U.S. District Court Judge Van Sickle to move Karl Thompson trial
September 15, 2011 in News Declaration by Attorney Carl Oreskovich asking U.S. District Court Judge Fred Van Sickle to move the trial.
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City Memo Opposing Stay in Civil Case, Sept. 2009
August 25, 2011 in News City of Spokane responds to request from U.S. Attorney’s Office to put a halt to the civil case involving the death of Otto Zehm. The document, filed in September 2009, …
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U.S. Attorney’s Office asks for stay in civil case (includes correspondence requesting to meet with mayor)
August 25, 2011City, in News U.S. Attorney’s Office filing from September 2009 requesting a stay in the civil case involving the death of Otto Zehm. Includes email correspondence in which Assistant U.S. Attorney Timothy Durkin …
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Declaration about Zehm’s cause of death
August 15, 2011City, in News Declaration by Dr. Daniel Davis about Otto Zehm’s cause of death filed Aug. 12, 2011. Includes a timeline of the video.
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Declaration of Assistant Police Chief Nicks
August 9, 2011City, in News Declaration of Jim Nicks, assistant chief of the Spokane Police Department.
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Brief for Thompson seeking to exclude evidence
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