Wednesday, November 10, 2010

Waiting Game

With each passing week, questions mount for the family of Wayne Scott Creach, shot by a deputy in August.

Kevin Taylor

His father, shot in the chest at close range, died in moments. But, Alan Creach says, months have passed and the family still has no answers to questions of whether a sheriff’s deputy was justified in the shooting of 74-year-old pastor Wayne Scott Creach.

Three weeks after the shooting, police dropped off a 733-page investigative report for Alan Creach and other family members.

On the same day, Sept. 16, the hefty report plus 11 CDs and a large-scale drawing of the shooting scene was turned over to Spokane County Prosecutor Steve Tucker to determine if the deputy, Brian Hirzel, would face any charges.

In the seven weeks that have elapsed since then:

  • Sheriff’s deputies have been involved in two more shootings, one fatal.
  • A Washington State Patrol detective serving warrants in a drug case shot and wounded a pregnant woman in a central Spokane apartment.
  • Alan Creach was accused by a sheriff’s spokesman of “trying to add more zeroes” to a potential settlement by speaking to the media.
  • Tucker moved the due date for his decision from before the Nov. 2 election to sometime after. (The latest, via chief deputy prosecutor Jack Driscoll, is: “two or three weeks, or longer.”)
  • Late last week, a local television station uncovered Spokane Police e-mails describing a “cage fight” between department brass and detectives to move the Creach investigation along to Tucker’s office even if it wasn’t complete.
  • And Sheriff Ozzie Knezovich held a demonstration for local media to illustrate how little time deputies have to make decisions when faced with perceived threats.

These are all sideshows, Alan Creach says, and they distract from his family’s central question: What happened to our dad?

“I don’t think it’s reasonable to ask this family to sit around and wait until Tucker rules,” he says. “I don’t think it’s fair to ask the Zehm family to sit around and wait until Tucker rules. Because Tucker hasn’t ruled yet.”

Otto Zehm died after a fight with Spokane police in March 2006 after he was mistakenly suspected of robbery. Tucker has never issued a finding in the death, which has been taken into federal court by the FBI and the U.S. Attorney’s Office.

“Are we supposed to wait indefinitely?” Alan Creach asks.

The Shooting

Wayne Scott Creach, owner of the Plant Farm nursery near Fourth and Evergreen in Spokane Valley, was checking on a suspicious car parked on the property around 11 pm on Aug. 25. He carried a .45-caliber pistol and a flashlight.

The car turned out to be an unmarked patrol cruiser. Hirzel was inside completing an accident report when, he has stated in interviews with detectives, he saw an armed man approaching.

As he walked toward the car, Creach — who, Hirzel told investigators, was not pointing the gun in his direction — did not respond to repeated commands to drop the gun.

Hirzel, his weapon already drawn, got out of the car and, pointing his gun at Creach, issued commands for the older man to keep his hands in view and to get down on the ground.

“He said that he didn’t have to or that he wasn’t going to. I mean he said both of those things, not or, but both of them,” Hirzel later told investigators.

Hirzel drew his baton with his left hand and delivered a backhand strike to Creach’s outer left knee. Creach buckled, Hirzel said, but remained standing.

Hirzel says Creach then reached behind his back and began drawing the gun from his waistband. Hirzel fired one shot from about four feet away, striking Creach in his bare chest.

“A terrible wall”

Alan Creach says his mother was sitting at a window in the adjacent house, and she heard “a stream of words, six to eight words is how she described it to us later, of surprise and dismay almost immediately cut off by a gunshot.”

His mother swept a curtain aside, Alan Creach says, “and the first thing that struck her was light coming toward the window, so we know the officer had lit Dad up when he shot him. And we know by the original orientation of the body that Dad was blinded by the light.”

The spotlight on Hirzel’s car, the position of blood spatter, gravel imprints, the entry angle of the bullet, ambiguous bruising … Alan Creach says his family still has plenty of questions remaining.

He is not surprised by the revelations last week that Spokane Police Chief Anne Kirkpatrick appeared to be pressuring detectives to speed the investigation over to the prosecutor’s office.

Kirkpatrick is out of the office until Nov. 29 and did not respond to a message forwarded by her staff.

“We knew early on it was going to be rushed through,” Alan Creach says. “In my discussions with Brian Hamond, the lead detective, I convinced him to hold [the handoff to the prosecutor] off two times or three.

“Then on Sept. 16, Lieutenant [Dave] McGovern and a major [Scott Stephens] came out to the house and threw the 730-page report down on the desk and said, ‘Here it is. No questions,’” he says.

But they do have questions, and in recent weeks, the Creaches have hired an investigator.

“Right now, we are looking for facts and we are really running into a terrible wall,” Alan Creach says.

“Search for Truth”

“No one has ever come up to me and said, ‘Alan, your dad got exactly what was coming to him.’ No. Everybody has been sympathetic,” Alan says.

So he says he is frustrated that law enforcement and community leaders aren’t “coming to the family and saying, ‘This is wrong, and we will do our best to make it right.’”

He says the family and the investigator it hired have been frustrated in attempts to gain access to evidence. In some cases, such as seeking a forensic exam of the patrol car, they found their chance was lost because the car was almost immediately placed back into service.

In other cases, “I have been told by numerous leaders that if you want that stuff, you can’t get that stuff until a suit has been made,” Alan Creach says. “We are searching for truth. We are trying to do this in a reasonable manner … but they tell me you have to sue. I have a problem with that.

“You have the sheriff putting on his little display about not being able to draw his gun fast enough when attacked with a knife. The problem with this new training the sheriff thinks he is going to roll out as a model for the state — you [law enforcement] hesitate and you die — comes at the expense of everyone else in the community,” he says.

“We are trying to save lives in this community,” Alan Creach adds. “If we can say to police, ‘Let’s make some changes and then maybe this life was not lost in vain’ — but we have not had a single community leader say, ‘We are behind you on that.’ It’s still duck and run.

“The No. 1 law enforcement official in this community has put this case on hold. I don’t think it’s reasonable to play politics with my dad’s death.”

Also in News

Calling for Help

A frantic 911 call lands Christopher Parker in a jail cell instead of a hospital, and leads to his death

Jacob Jones |
Wednesday, May 22,2013

Let 'Em Vote

Spokane City Council won’t sue to keep initiatives off of the fall ballot; plus, a new UW-WSU rivalry

Heidi Groover, Deanna Pan, Daniel Walters |
Wednesday, May 22,2013

Reefer Rules

Washington state takes a first pass at marijuana market regulations

Heidi Groover, Lisa Waananen |
Wednesday, May 22,2013

Disorderly Conduct

Three Spokane law enforcement officers are placed on leave over misconduct investigations

Jacob Jones |
Wednesday, May 22,2013

Uneven Cuts

Most elements of health care were shielded from the sequester — but not the Indian Health Service

Daniel Walters |
Wednesday, May 22,2013

Also By Kevin Taylor

In Progress

Prosecutor Steve Tucker again raises concerns about the juvenile justice system; plus, a city attorney is accused of violating civil rights.

Kevin Taylor, Nicholas Deshais |
Wednesday, September 29,2010

Paper Jam

Cutbacks have made it harder to get public records — even vital ones.

Kevin Taylor |
Wednesday, March 9,2011

Hello/Goodbye

Kevin Taylor |
Wednesday, December 19,2007

The Pollution Sidestep

The Cowles' paper mill tries to get around new pollution limits through a budgetary footnote.

Kevin Taylor |
Wednesday, April 27,2011


Alan Creach makes a number of good points. As someone who normally respects cops, I have had the recent experience of watching a number of them lie on the witness stand. -((DETECTIVES))- The Creach family does need somebody to take the lead. The problem is that Tucker has never been a leader. Our only hope might be Ozzie himself...to forget about his "CYA" mentality and be a true leader.

OZZIE, do you HEAR US !

You and your guys have to stop killing pastors and janitors. First it was Otto Zehm holding a pepsi as "allegedly" a "deadly-force threat-weapon" ???? Then we saw a man supposedly charge a cop with a "knife", which turned out to be a dull rock that the cop "perceived" as a potentially deadly threat. This after the guy had shown obvious intent to achieve "Suicide-by-Cop". He had yelled at the cops to "KILL ME". At that point, the police officers(2)should have re-assessed the incident and used an alternative to bullets in the chest.

Pastor Scott Creach and his family have been lied to. I think we can all safely say that we think Hirzel is doing and saying whatever he thinks will get him off in this WRONGFUL DEATH. If it is true that very few police cary a stun gun or tasers or pepper spray, then we simply must rethink our budget. Maybe the best thing we can do is shift money from Tucker, who apparently does nothing...to Ozzie Knezovich

OZZIE, do you hear the people ? I hate to criticize a fellow Mormon, but we Mormons have a saying and a CREDO...It is this

CTR
T
R

C---is for---CHOOSE
T---is for-----THE
R---is for-------RIGHT

OZZIE, you have to have the constitutional fortitude to actually blame one or more of your fellow cops. Nobody is perfect. Officer Karl Thompson made mistakes and Otto Zehm died. Don´t blame it on bad info and 911 and all the other scapegoats...take the darn medicine.

OZZIE, you have to realize the community is begging you to LEAD !
Be the precise opposite of Tucker. Show some courage and tell us how you will change training in order to avoid more cop-killings or "OIS"s.

Cops need alternatives like....

*Tasers in every car* (video capacity too)
*Pepper Spray designated as a "first option"* so long as the citizen is not holding a gun. Second option can be the taser.
Third option can be *rubber bullets/bean bags". If a retarded man is holding a pepsi, steroid-drenched testosterone-cops like Karl Thompson do not need to sprint in and bash them in the head and face. The same goes for a crazy man holding an obsidian rock. Creach and the "obsidian bearer" were both around 5 foot 6 and very slight/weak. This is a consideration. Cops must occasionally take the risk of removing a weapon from a citizen without resorting to Smith and Wesson.

Furthermore, any cop who kills, no matter how it went down, they should immediately submit to a blood and urine test. A lie detector would be nice too, but we will never see that as long as Police Unions badger the truth like Wuthrich and company.

OZZIE, more will die. Will you continue to repeat "you hesitate, you die" ?
That might lead to arms-bearing citizens using the same fear factor and not hesitating before they are killed. OZZIE, to use your logic, Creach should have killed Hirzel first. But, alas, Pastor Creach hesitated.

...and he died.

Brutally.

On his knees ?

OZZIE ?

CTR... Ozzie....CTR Nov 11, 2010 | Reply to this comment

 

~~~~~~~~~~~~~~~~~
-
I am not always right.
-
I learned something the other day in researching Ozzie Knezovich and other regional law enforcement agencies....and also via a long and cold conversation with Ozzie himself in front of the courthouse (I was wearing short sleeves while playing guitar for my hot-dog-vendor-friender)....
-
It appears that our sheriff has fired almost 20 people in the last couple years. A similar number is true in Portland Oregon (my hometown). This defies one of my theories, which is to say, in simple terms...that cops can NEVER investigate other cops. I think I was a little harsh on Ozzie 62 hours ago and I want to correct the record here. While my initial verbiage was essentially accurate, I did not need to lecture Ozzie on BYU Mormonisms...and it was probably a tad agressive to call Karl Thompson a "steroid drenched" / "testosterone-cops".... Eventhough I am highly confident that cops take steroids on a level similar to the NFL, I certainly do not want to give the impression that I hate all cops. I do not, in any way shape or form, Hate Cops. I admire 80-90 percent. The bad cops, however, need to be fired and or excoriated by superiors and trainers.
-
I like to read the Spokesman Blog, but they still disallow my writings. Since I defeated Betsy Cowles in court a few weeks ago, I am quite certain that curtailment of my semi-free speech will continue.
-
I digress.
-
I sincerely hope Ozzie Knezovich is able to meet with Terri Andersen and Mike Cronin...and all the passionate volunteers at SPARC.

Spokane
Police
Accountability &
Reform
Co-Alition

I also hope that this group will write a two sided commentary with Ozzie in either the Inlander or the Cheney Free Press...or the Valley Herald News (Mike Huffman).

The public is not served well by the Spokesman Review. Thomas Clouse has openly admitted he lied and essentially "made up" a quote which really mis-portrayed Knezovich. It makes me miss Bill Morlin and Karen Dorn Steele.

We, the people, simply need to be able to trust the police ...and... we also need to have trust in police oversight. Both methodology and issues related to "Ombudsmen". We need to have a prosecutor who actually is willing to prosecute a bad cop. Tucker should be fired...or resign...But that is not likely. The Creach family deserves the truth and IMHO, Hirzel is less than truthful. The estate of Otto Zehm needs to be reimbursed for his wrongful death and the training of cops needs to be upgraded in a similar fashion to Portland Oregon (Otto Zehm here is James Chasse Jr there)
---

~David Howard Elton~
New resident of the beach in Oregon (-:
very pleased to be 444 miles away from Tucker the (fill in the blank) Nov 13, 2010 | Reply to this comment

 

 
 
Close
Close
Close