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Death of Otto Zehm
Otto Zehm (October 31, 1969 – March 20, 2006) was a man with a developmental disability from Spokane, Washington, who died on March 20, 2006, during an altercation with police officer Karl F. Thompson Jr. Zehm committed no crime, and on May 30, 2006, the Spokane County Medical Examiner ruled the death a homicide. In 2012, the first of several officers on the scene at Zehm's death was convicted of excessive use of force and lying to investigators, and was sentenced to 51 months imprisonment.
On March 18, 2006, Zehm, a white man—who worked as a janitor and did not own a car—went on foot to an ATM at his bank to withdraw money from his account. Two young women, who were in a car at the ATM when Zehm arrived, erroneously reported to police by phone that a man was attempting to steal money from the ATM. The women followed Zehm in their car while reporting additional information to the police dispatch by phone.
Zehm next entered the convenience store that he routinely visited to buy a soft drink and fast food. Video from the convenience store security cameras show that within sixteen seconds of the officer Thompson entering the store, the officer had run up to Zehm, whose back was initially turned to him, twice ordered him to "drop the pop", and batoned Zehm to the ground—the first of at least seven baton strikes used on Zehm, including strikes to the head. Within another sixteen seconds Zehm had also been tasered. In addition to the multiple beatings and taserings, Zehm was improperly hog-tied by police and placed on his abdomen for more than sixteen minutes. Furthermore, the police requested a non-rebreather mask from paramedics at the scene and strapped it to Zehm's face. The non-rebreather mask was not attached to oxygen. Zehm stopped breathing three minutes after the mask was placed on his face. When ruled a homicide by the county Medical Examiner on May 30, 2006, the cause of death was reported as "lack of oxygen to the brain due to heart failure while being restrained on his stomach." No illegal drugs or alcohol were found in Zehm's system.
Police alleged that Zehm had "lunged" at the original officer with a plastic soft drink bottle. However, the silent surveillance video of the incident (the full version of which was withheld by the police for three months—they were initially altered by an unknown member of the Spokane Police Department to splice out scenes incriminating to Thomson) contradicted this police claim. Then-acting police chief Jim Nicks subsequently stated that he misspoke in alleging Zehm "lunged" at the officer. The video also did not provide support for the officer's claim that he paused and gave verbal orders to Zehm. Each frame showed the officer advancing at a brisk rate while Zehm, after seeing the officer advancing with his baton raised, only back-pedals slowly away.
In July 2006, then-Spokane mayor Dennis Hession ordered an independent review of Zehm's death, and in August 2006, the report was commissioned. Known as the Worley Report, after law enforcement consultant Michael Worley, the report was commissioned, to look at the three matters—the Zehm homicide, a Spokane Fire Department sex scandal, and the Spokane City Citizens Review Commission. Worley's findings were made public in a report released on October 26, 2007, but covered only the Fire Department sex scandal and the Citizens Advisory Commission. Worley submitted the incomplete report, for which the City of Spokane paid $8,800, pending the completion of other then-pending investigations of the Zehm death, including investigations by the Spokane County Prosecutor's Office, the Washington Association of Sheriffs and Police Chiefs (WASPC), and the FBI. As of August 18, 2008, the FBI has not closed its investigation of the case and has made no public statements regarding the status of that investigation.
Three of the seven officers involved in the attack on Zehm received one day of administrative leave (paid). Beyond that, no Spokane Police officer or administrator has been disciplined or suspended or fired as a result of the case. However, one officer involved in the case, Spokane Police officer Jason Uberuaga, was subsequently fired for "conduct unbecoming" after being involved in an October 11, 2007, incident involving alcohol and allegations of sexual misconduct. At the time of that incident, Uberuaga was a member of a federal law enforcement task force. Uberuaga was later reinstated with 10+1⁄2 months back pay, following a union arbitrator's determination that firing was excessive punishment for the acts committed.
A second Spokane Police officer involved in the Zehm case is Dan Torok. In the Zehm case, Torok provided a written statement in which he stated, "When my knee struck him, I heard him exhale and I was able to force his arm behind his back." In addition to Torok's knee in his chest, Zehm was subjected to being hog-tied and placed on his chest for 16 minutes, as well as being subjected to a non-rebreather mask placed on his face without oxygen attached, thus limiting his ability to breathe. Zehm stopped breathing and was transported by para-medic to a Spokane area hospital where he was declared brain-dead and died two days later. Otto Zehm's last words were, "All I wanted was a Snickers Bar".
Almost exactly a year after his involvement in Zehm's death, Officer Torok shot and killed a homeless man, Jerome Alford, on March 24, 2007. Following a Spokane area practice in which the Spokane Police and Spokane County Sheriff's Office investigate one another in officer involved deaths, the Spokane County Sheriff's Office was assigned to investigate the shooting of Alford by Torok. Spokane Chief of Police Anne E. Kirkpatrick ordered Torok to provide a written statement, known as a Garrity letter, rather than submit to questioning by the Spokane County Sheriff's Office. Garrity letters are so infrequently used in the area that Spokane County Sheriff's personnel did not initially accept the letter from Torok. Final results of the Sheriff's investigation were never made public. Currently, Torok is a Spokane Police Department detective supervising assignments of child abuse cases, and also acting frequently as a spokesperson for the Spokane Police. He is also a controversial participant in on-line blogging at Spokane's only daily newspaper, the Spokesman-Review. In August 2007, he and a colleague, Sgt. Jim Faddis, were discovered blogging anonymously at a Spokesman-Review affiliated blog, Hard 7, until blog manager Frank Sennett discovered their identities and employment with the Spokane Police. Recently another Spokesman-Review blog, Community Comment, has given Torok and Faddis, a former internal affairs officer, semi-official status at Police Blotter, a periodic blog thread identified by a reproduction of the Spokane Police badge at the Spokesman-Review's online blog site.
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Death of Otto Zehm
Otto Zehm (October 31, 1969 – March 20, 2006) was a man with a developmental disability from Spokane, Washington, who died on March 20, 2006, during an altercation with police officer Karl F. Thompson Jr. Zehm committed no crime, and on May 30, 2006, the Spokane County Medical Examiner ruled the death a homicide. In 2012, the first of several officers on the scene at Zehm's death was convicted of excessive use of force and lying to investigators, and was sentenced to 51 months imprisonment.
On March 18, 2006, Zehm, a white man—who worked as a janitor and did not own a car—went on foot to an ATM at his bank to withdraw money from his account. Two young women, who were in a car at the ATM when Zehm arrived, erroneously reported to police by phone that a man was attempting to steal money from the ATM. The women followed Zehm in their car while reporting additional information to the police dispatch by phone.
Zehm next entered the convenience store that he routinely visited to buy a soft drink and fast food. Video from the convenience store security cameras show that within sixteen seconds of the officer Thompson entering the store, the officer had run up to Zehm, whose back was initially turned to him, twice ordered him to "drop the pop", and batoned Zehm to the ground—the first of at least seven baton strikes used on Zehm, including strikes to the head. Within another sixteen seconds Zehm had also been tasered. In addition to the multiple beatings and taserings, Zehm was improperly hog-tied by police and placed on his abdomen for more than sixteen minutes. Furthermore, the police requested a non-rebreather mask from paramedics at the scene and strapped it to Zehm's face. The non-rebreather mask was not attached to oxygen. Zehm stopped breathing three minutes after the mask was placed on his face. When ruled a homicide by the county Medical Examiner on May 30, 2006, the cause of death was reported as "lack of oxygen to the brain due to heart failure while being restrained on his stomach." No illegal drugs or alcohol were found in Zehm's system.
Police alleged that Zehm had "lunged" at the original officer with a plastic soft drink bottle. However, the silent surveillance video of the incident (the full version of which was withheld by the police for three months—they were initially altered by an unknown member of the Spokane Police Department to splice out scenes incriminating to Thomson) contradicted this police claim. Then-acting police chief Jim Nicks subsequently stated that he misspoke in alleging Zehm "lunged" at the officer. The video also did not provide support for the officer's claim that he paused and gave verbal orders to Zehm. Each frame showed the officer advancing at a brisk rate while Zehm, after seeing the officer advancing with his baton raised, only back-pedals slowly away.
In July 2006, then-Spokane mayor Dennis Hession ordered an independent review of Zehm's death, and in August 2006, the report was commissioned. Known as the Worley Report, after law enforcement consultant Michael Worley, the report was commissioned, to look at the three matters—the Zehm homicide, a Spokane Fire Department sex scandal, and the Spokane City Citizens Review Commission. Worley's findings were made public in a report released on October 26, 2007, but covered only the Fire Department sex scandal and the Citizens Advisory Commission. Worley submitted the incomplete report, for which the City of Spokane paid $8,800, pending the completion of other then-pending investigations of the Zehm death, including investigations by the Spokane County Prosecutor's Office, the Washington Association of Sheriffs and Police Chiefs (WASPC), and the FBI. As of August 18, 2008, the FBI has not closed its investigation of the case and has made no public statements regarding the status of that investigation.
Three of the seven officers involved in the attack on Zehm received one day of administrative leave (paid). Beyond that, no Spokane Police officer or administrator has been disciplined or suspended or fired as a result of the case. However, one officer involved in the case, Spokane Police officer Jason Uberuaga, was subsequently fired for "conduct unbecoming" after being involved in an October 11, 2007, incident involving alcohol and allegations of sexual misconduct. At the time of that incident, Uberuaga was a member of a federal law enforcement task force. Uberuaga was later reinstated with 10+1⁄2 months back pay, following a union arbitrator's determination that firing was excessive punishment for the acts committed.
A second Spokane Police officer involved in the Zehm case is Dan Torok. In the Zehm case, Torok provided a written statement in which he stated, "When my knee struck him, I heard him exhale and I was able to force his arm behind his back." In addition to Torok's knee in his chest, Zehm was subjected to being hog-tied and placed on his chest for 16 minutes, as well as being subjected to a non-rebreather mask placed on his face without oxygen attached, thus limiting his ability to breathe. Zehm stopped breathing and was transported by para-medic to a Spokane area hospital where he was declared brain-dead and died two days later. Otto Zehm's last words were, "All I wanted was a Snickers Bar".
Almost exactly a year after his involvement in Zehm's death, Officer Torok shot and killed a homeless man, Jerome Alford, on March 24, 2007. Following a Spokane area practice in which the Spokane Police and Spokane County Sheriff's Office investigate one another in officer involved deaths, the Spokane County Sheriff's Office was assigned to investigate the shooting of Alford by Torok. Spokane Chief of Police Anne E. Kirkpatrick ordered Torok to provide a written statement, known as a Garrity letter, rather than submit to questioning by the Spokane County Sheriff's Office. Garrity letters are so infrequently used in the area that Spokane County Sheriff's personnel did not initially accept the letter from Torok. Final results of the Sheriff's investigation were never made public. Currently, Torok is a Spokane Police Department detective supervising assignments of child abuse cases, and also acting frequently as a spokesperson for the Spokane Police. He is also a controversial participant in on-line blogging at Spokane's only daily newspaper, the Spokesman-Review. In August 2007, he and a colleague, Sgt. Jim Faddis, were discovered blogging anonymously at a Spokesman-Review affiliated blog, Hard 7, until blog manager Frank Sennett discovered their identities and employment with the Spokane Police. Recently another Spokesman-Review blog, Community Comment, has given Torok and Faddis, a former internal affairs officer, semi-official status at Police Blotter, a periodic blog thread identified by a reproduction of the Spokane Police badge at the Spokesman-Review's online blog site.