Wednesday, September 1, 2010

Under Review

When will we know what happened in last week’s officer-involved shooting?

Nicholas Deshais
Deputy Brian Herzel is on paid leave while the shooting is investigated.
Deputy Brian Herzel is on paid leave while the shooting is investigated.
Deputy Brian Herzel is on paid leave while the shooting is investigated.

The name of Deputy Brian Hirzel — who fatally shot Pastor Wayne “Scott” Creach in Spokane Valley last week — was not to be made public for 72 hours, as stipulated by the sheriff’s policy on officer-involved shootings.

But it was almost a full five days before he was identified as the shooter and it was made public only after questions were raised about why officials were slow to provide details of the fatal encounter.

To date, this much is known: Some time after 11 pm on Aug. 25, Hirzel shot Creach in the chest, killing him after a confrontation at the Plant Farm, a Greenacres nursery owned by Creach.

Many questions remain.

What words were exchanged between the men? A gun was found next to Creach’s body — was it pointed at Hirzel? Were there witnesses?

When answers to these and other questions will surface is unknown. As the lead investigative entity, the Spokane Police Department’s records policy dictates how information about the shooting will be released. A recent Inlander report (“Strong Arm of the Law,” 7/1/2010) called into question why the department keeps certain records secret, a practice that is at odds with agencies across the state, including the Spokane County Sheriff’s Office.

The Police Department is leading the investigation due to a critical incident protocol between local law enforcement entities that ensures other agencies assist in investigations involving shootings by officers, to maintain the investigation’s integrity as well as to guard against charges of internal corruption. Along with the Police Department, investigators from both the Washington State Patrol and the Sheriff’s Office are involved in the investigation.

According to department spokeswoman Jennifer DeRuwe, in an e-mail exchange with The Inlander, information from the case will be released “in compliance with Public Record Disclosure Laws.” She added, “Redaction requests go through the Records Division, so whatever practices they use when releasing public records will be followed.”

Sheriff Ozzie Knezovich, meanwhile, has said in a statement, “as soon as all of the facts surrounding this incident are known, the community will be provided with a full account of those facts.”

“Once everything has been completed and the investigation is complete and thorough, and the review protocol is finished, then the complete file with redactions will be made available,” says Lt. Gary Smith of the sheriff’s Office of Professional Standards, which deals with the office’s records.

Smith says records produced by the Sheriff’s Office will ultimately be made public; however, it’s up to the policies of the city and Spokane Police
whether they will release department records generated during its criminal investigation of the shooting.

“We don’t have a set timeline,” says sheriff’s Sgt. Bill Beeman. “It’s going to be a couple weeks at least before we even have an idea when the investigation will be complete.”

When the criminal investigation is finally finished, the findings will be handed off to the Spokane County Prosecutor’s Office, which will determine whether a crime was committed.

Late last week, it was reported that more information about the confrontation would be released today. But DeRuwe wrote on Monday, “This was a statement made by Major Stephens at Friday’s press conference, in anticipation of completion of the deputy’s interview; however that does not mean the contents of the deputy’s statement will be released.”

 

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There´s no possible way the public can have any faith in the results of this investigation into Pastor Creach´s death by a police officer. The very structure of the police protocols involved here disallow any credibility for the police. A lack of designated time for the investigation, allowing "several weeks" is preposterous. Clearly there´s a double standard existing here. The police are presumed innocent until proven guilty and can even take a vacation, while a citizen would be cooling there heels in a jail hoping for a bail they could afford, if they could get any bail at all.
In this case the police dept and the deputy involved are truly guilty of indifference, stone-walling and insensitivity to all concerned. The public trust has been destroyed by their callousness. No matter what the results of this investigation are, there can be no confidence in the police in this area. They should all be fired and replaced.
If Reagan can fire 10,000 air traffic controllers and keep the planes flying, I´m sure we could fire the entire police force and keep the laws intact. Sep 02, 2010 | Reply to this comment

 

I always enjoy the writings and opinions of David Bray. He has a deep intellect and is often the voice of logic and eason. However, I must take issue with the thought of firing all cops. In my opinion, that makes one think of babies and bathwater. Most cops are good. The sytemic problem is the internal affairs unit and the protocol currently in use...not to mention the laws here in this state, which do more harm than good when it comes to the protections in place for police unions. We all know that the mayor has little or no power when it comes to bargaining with the all-powerful police guild.
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Having said that, I am a man who watched a police detective lie on the witness stand back in January. I took my issue to the Ombudsman, Tim Burns, who did the best he could (which was before his powers were increased).
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Is it time for a "regional" Ombudsman that can deal with city, county and small local towns ? I think that is a thought worth consideration. With the laws we currently have, an ombudsman here is still relatively weak...almost a "PR" tool for the cops, but we do have a good man here in Burns, and we might find some cost savings with a regional approach.
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Most cops are good and decent and brave. Sometimes a bad situation renders a bad outcome where blame should be shared. However, we should not jump to conclusions. In the Otto Zehm case we have video. We had Jim Nicks, as an "acting" police chief, manipulate those video segments. We know that Rocky Treppeidi has a history of agression via the law and intimidation. We know all that, and we know that Mrs Zehm will get the final say in the form of a check. In OTTO, we have video. We are not as fortunate with Pastor Creach.

-It is possible that a cop made a bad decision and a good man died-
-It is possible that a man confronted a police officer late at night, thinking it would be some silly teen spraying graffiti. In the darkness, crap happens. It is a tragedy.

NOW.

What I just wrote is my supposition. I am guessing, because it is early and we have few facts. I wish those facts would come sooner rather than later, and indeed...I do think a vacation was ill advised. But I do know one thing. I trust Ozzie Knezovich to do the right thing. In his press conference, if you read between the lines(body language too), I think he himself is a little frustrated by the police guild and the unions. I know Ozzie has high ethics and the will to do the right thing. Are his hands tied by the union and the current protocols ? I do not know, but instinct tells me that we need to improve the system of "Deadly Force". Police officers cannot be trusted to police themselves ? Well, there is a good argument to be made there. Maybe we need to have a special prosecutor who is not and has never been a cop. Objectivity is vital to public opinion. If the general public feels that cops get away with murder, that leads down a road to increased gun sales and potential revolution, which is not the road we should seek. We should improve what we have and make changes with the law and have a check on the guild...the union for police.
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I repeat....Most cops are good ...but.... some cops get caught on video (Thompson)...then they lie to cover up. Sometimes they even pretend to be divorced in order to get a free lawyer...and the IRS will likely hunt them down and they will do time. But in some cases like Creach (again...supposition)....horrible things happen in a moment of crisis and rapid decisions made in the dark can lead to death. This case is a tragedy, no matter what or how long the investigation takes.
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We should not fire all the cops. I know about 10 cops...and one is rotten to the core. I think that is likely a representative number. 90 percent of cops are good and brave and do the right thing. I think it is closer to 95. We must root out the bad cops and send them home. The same goes for bad teachers that never get fired because of a strong and corrupt union. So maybe the problem here is twofold.
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1) UNIONS tend toward corruption ??

2) Internal Affairs & "Deadly Force" should be investigated by outside units. ?? ((just a thought))
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David Howard Elton
509-999-2569
www.EltonResearch.com

__________________________________

www.CORRUPTIONinSPOKANE.com

___________________________________ Sep 03, 2010 | Reply to this comment

 

 
 
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