Deal with Justice Dept. means court oversight of Seattle PD

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by Associated Press and KING 5 News

KING5.com

Posted on July 27, 2012 at 11:41 AM

Updated Friday, Jul 27 at 10:50 PM

SEATTLE— Seattle officials agreed to an independent monitor and court oversight of the city’s police department as part of an agreement announced Friday with the Justice Department following a damning report that found officers routinely used excessive force.

City and federal negotiators were involved in tense talks over the scope of a deal for months, and Justice Department lawyers had threatened to sue the city if a deal was not reached by July 31.

“It’s no secret there were a few bumps in the road to get here,” Mayor Mike McGinn said. “We do have a lot of work in front of us.”

The Justice Department launched its civil rights investigation early last year after the fatal shooting of a homeless, Native American woodcarver and other incidents involving force used against minority suspects.  

In December, a DOJ report found officers were too quick to reach for weapons, such as flashlights and batons, even when arresting people for minor offenses.

The agreement was announced by U.S. Attorney for Seattle Jenny Durkan, Mayor McGinn and Thomas Perez, the Justice Department's chief civil rights enforcer: Details of agreement (DOJ)

The agreement calls for a court-appointed monitor, to be selected jointly by the City and the Justice Department, to oversee the implementation of the settlement.

The agreement also calls for the creation of a Community Police Commission, a community board charged with reviewing and providing recommendations on use of force issues.

Talks between Seattle officials and the Justice Department had been hung up after city officials initially balked at some federal proposals for reform.

The settlement, which must be approved by a federal judge, requires the Seattle Police Department to revise use of force policies and enhance training, reporting, investigation and supervision for situations involving use force. Police also would have to change policies and training concerning “bias-free” policing and stops, and create a Community Police Commission, which would be a civilian oversight body.  Read summary the Settlement Agreement and MOU (City of Seattle)

Court oversight would continue for five years, but the city could ask to end the scrutiny earlier if it has complied with the agreements for two years.

“This city is committed to eliminating bias,” McGinn said.

Perez said the agreement could serve as a way to help reduce crime and increase public confidence in the city’s police officers.

“We must continue to be well aware of the very raw feelings that many Seattle residents continue to have toward the Seattle Police Department,” Perez said.

Surveillance cameras and police-cruiser videos had captured officers beating civilians, including stomping on a prone Latino man who was mistakenly thought to be a robbery suspect, and an officer kicking a non-resisting black youth in a convenience store.

The earlier Justice Department report found that force was used unconstitutionally one of every five times an officer resorted to it. The department failed to adequately review the use of force and lacked policies and training related to the use of force, it said.

The ACLU and other community groups called for scrutiny of the department after a Seattle officer shot and killed the woodcarver, John T. Williams, in 2010.

Video from Officer Ian Birk’s patrol car showed Williams crossing the street holding a piece of wood and a small knife, and Birk exiting the vehicle to pursue him. Off-camera, Birk quickly shouted three times for Williams to drop the knife then fired five shots. The knife was found folded at the scene, but Birk later maintained Williams had threatened him.  Birk resigned from the force and was not charged. A review board found the shooting unjustified.

Seattle Councilman Tim Burgess, a former city police officer, said the agreement was a good one. 

The fact that a federal judge and federal monitor will be involved was key, Burgess said. “That will provide the muscle behind the reforms that will be necessary,” he said.

Doug Honig, spokesman for the ACLU of Washington, which pressured the Department of Justice to investigate the Seattle Police Department, was pleased.

“The city and the DOJ appear to have taken our concerns about excessive force, racially biased policing and flaws in the oversight system seriously,” Honig said. “The implementation is what’s going to matter.”

However, there could be a struggle to get buy-in from communities where mistrust of the people is based on generations of perceived bad acts.

"Where the (Community Police) Commission is a little shy is that it doesn't actually have power to review police misconduct," said Chris Stearns, Human Rights Commission Chair.

James Bible, president of the local chapter of the NAACP, says for now, he is skeptical.

"I think ultimately there are very good officers within the City of Seattle, but they are handcuffed by those that are so bad. They have risen up in the ranks that they are able to create a certain amount of institutional fear that stops the good ones from doing something about the bad ones," said James Bible, NAACP President. "I think that this agreement is a good start, but I think this is a floor - and I don't like sleeping on the floor."

For Rick Williams, nothing will bring back his brother John. Williams, who peddles totem poles by the Pike Place Market, is waiting to see change.

"If there is a way that we can get together and help the police change, I am all for it. I don't hate them," said Williams.

Since the beginning of 2010, the Justice Department’s civil rights division has previously reached settlements to reform police practices in New Orleans and in Warren, Ohio.

It has sued the Maricopa County, Ariz., sheriff’s office and the East Haven, Conn., police department for a pattern and practice of discrimination against Latinos and Hispanics. It is also investigating the Newark, N.J., police department for a pattern and practice of excessive force and unconstitutional stops, searches, arrests and seizures, and discriminatory policing; the Miami, Fla., police department and the Portland, Ore., Police Bureau over patterns of excessive deadly force; and Missoula, Mont., police over handling of sexual assault cases.

KING 5's Jim Forman, Photojournalist Ryan Coe, and Liza Javier contributed to this report.

Background on DOJ investigation into Seattle Police Dept.:

Justice Dept. launches investigation into Seattle Police Dept. (March 31, 2011)

What the DOJ report on Seattle says (Dec. 16, 2011)

VIDEO TIMELINE: Cases that lead to DOJ investigation of SPD (Dec. 16, 2011)

Seattle mayor, police unveil 20-part reform plan (March 29, 2012)

Feds to seek court order for Seattle police reforms (March 30, 2012)

SPD reforms could cost the city $41 million, mayor says (May 14, 2012)

DOJ reform: What Seattle can learn from Cincinnati (May 18, 2012)

McGinn defends handling of negotiations with Justice Dept. (July 17, 2012)

Complete KING archive of stories and related stories of DOJ investigation into SPD

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