Legal center takes step toward Yohe death claim

A Spokane civil rights law firm has filed a legal petition opening a probate for the estate of Trent Yohe – a first step in what may result in a wrongful death claim against the county.

Yohe, 37, whom Spokane County sheriff’s deputies were trying to arrest May 1 on a felony warrant, reportedly had a seizure and became combative. He was Tasered and stopped breathing during the violent struggle, was declared brain-dead at Sacred Heart Medical Center and died May 12 after never regaining consciousness.

The Center for Justice is also calling for reforms to reduce what it calls a disproportionate number of in-custody deaths in Spokane.

The Yohe petition, signed Wednesday by Spokane County Superior Court Commissioner Steven Grovdahl, names Yohe’s ex-wife Serrina Guthrie to administer his estate.

The court waived a bond requirement because Yohe died with few assets, said attorney Breean Beggs of the Center for Justice. But if Yohe’s estate were to recover any money in a wrongful death lawsuit, a bond would be required, according to Grovdahl’s order.

Meanwhile, the center says it wants to work with Spokane County Sheriff Ozzie Knezovich for reforms similar to those recently agreed to by Mayor Dennis Hession and Spokane Police Chief Anne Kirkpatrick after the death of Otto Zehm, the mentally disabled janitor who stopped breathing after a violent encounter with Spokane police in March 2006.

This spring, Hession and Kirkpatrick announced new training for Spokane’s police officers in how to recognize “excited delirium,” a law enforcement term for the influence of drugs, medication or mental problems that can make suspects unusually combative with police officers.

City officials also are supporting a new ombudsman’s position at City Hall to review police misconduct cases – the recommendation of a Seattle consultant hired by Kirkpatrick to review Spokane’s police oversight system.

City police are also using “crisis intervention teams” to deal with suspects showing signs of mental problems, and Kirkpatrick is reviewing the department’s current policies on the use of force.

The Sheriff’s Department lags behind the Spokane Police Department in making similar reforms, the center charged in a statement on Thursday.

“Ms. Guthrie and the Center believe that if the Spokane Sheriff had changed policies and training methods … Mr. Yohe would still be alive today,” the statement says.

Knezovich took issue with that statement in an interview Thursday. “I’d disagree with that. We’re walking hand in hand with the Spokane Police Department on these reforms,” he said. His deputies are being trained today in how to recognize “excited delirium” – a workshop Knezovich said was in the planning stages long before Yohe’s death.

The sheriff said he hadn’t been contacted by the center but would be willing to meet with the lawyers.

At a May 17 press conference, Knezovich said he’s ordered an investigation into allegations by Cecile Jones, the sole civilian eyewitness to Yohe’s fight, that she was intimidated by one of his deputies and didn’t initially report that she’d seen Yohe kicked by a deputy while he lay bound on the ground.

The center said it will review several documents on Yohe’s death, including his autopsy report, medical records and the Police Department’s full investigative report.

The Yohe report hasn’t been released yet because the investigation is still open; Knezovich said he’s been told it will be four weeks before it is complete.

On the night Yohe stopped breathing near a small travel trailer on East Fifth Avenue, Knezovich invoked the “fatal incident protocol,” which calls for an outside agency, in this case the Spokane Police Department, to take charge of the investigation.

After its review, the Center will make “specific recommendations based on best practices from law enforcement agencies around the nation, as to improvements that will prevent future in-custody deaths,” according to its statement.

The law firm said at least nine people have died in Spokane while in the custody of law enforcement officers in the past 16 months: four in the Spokane County Jail, three after encounters with Spokane Police Department officers, and two involving the Sheriff’s Office.

“These deaths appear to be disproportionate to Spokane’s population, and many citizens are insisting on change. While the U.S. Attorney’s Office is investigating some of these deaths, no criminal charges have been filed, nor does it appear that any law enforcement personnel have been disciplined. Therefore, it is likely that the problem is one of training and policy,” the law firm said.