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.
Zehm was beaten, shocked and hog-tied by police officers in a north Spokane Zip Trip on March 18, 2006, after he was accused erroneously of theft. He died two days later at a Spokane hospital. Thompson, the first responding officer, has yet to be sentenced for his crimes. The judge in the case is waiting to resolve allegations of prosecutorial misconduct by a forensic videographer.
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 agreed to write a formal apology for the city’s actions in the Zehm case and make a recommendation to the Park Board to name a permanent structure in a city park in honor of Zehm. 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.
Updated May 22, 2012
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Latest updates in this topic
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Zehm settlement
May 21, 2012News, in City 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, 2011News, in City 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, 2011News, in City 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, 2011News, in City 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, 2011News, in City 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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Prosecutor’s brief in response to request to exclude evidence
December 17, 2010 in City Replying to a brief filed by Karl F. Thompson Jr.’s attorney in response to a government filing seeking to include evidence in Thompson’s excessive force case.
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ACLU letter to Spokane
September 22, 2010News, in City A letter from Michael Kipling, an attorney representing the American Civil Liberties Union, to the Spokane city attorney’s office questioning Assistant City Attorney Rocky Treppiedi’s letter advising Breean Beggs to …
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Breann Beggs letter to Mike Piccolo
September 21, 2010 in City A letter from Breann Beggs, attorney for the estate of Otto Zehm, to Mike Piccolo, assigned attorney for City Council members. The letter is in response to an order from …
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Argument to expedite Zehm trial
July 7, 2010 in City The argument filed July 2, 2010, by attorney Jeffry Finer seeking a federal judge to set an earlier trial date for Karl F. Thompson Jr. in the Otto Zehm case.
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Defense witness and evidence list for Thompson trial
June 3, 2010 in City Defense attorney Carl Oreskovich’s exhibit list for the trial of Spokane police Officer Karl Thompson, who is facing criminal charges stemming from the March 2006 fatal police confrontation with Otto …
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Prosecution exhibit list for Thompson trial
June 3, 2010 in City Prosecutors’ exhibit list for the trial of Spokane police Officer Karl Thompson, who is facing criminal charges stemming from the March 2006 fatal police confrontation with Otto Zehm.
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