Officer Birk and the SPD's Bigger Problem
I can understand why many people in Seattle are angry that Seattle Police Officer Ian Birk will not be charged with murder. If you or I intentionally shot and killed someone who was not an immediate threat to us, we would be charged with murder or at the very least manslaughter. But the law treats police officers differently. In 1986, Washington’s legislature passed a law that allows police officers to escape criminal charges for killing a person so long as the officer had a good faith belief that his actions were justified and he acted “without malice.” This law protects the officer even if his “good faith belief” was wrong. So, it is not surprising that King County Prosecutor Dan Satterberg believed that he would not be able to prove beyond a reasonable doubt that Officer Birk murdered John T. Williams.
On another front, the Firearms Review Board (FRB) determined that this shooting was “unjustified and outside of policy, tactics and training.” Officer Birk violated SPD policies from the moment that he stepped out of his car without properly notifying his dispatch that he was approaching a man with a knife until he made the decision to pull his trigger. However, he won’t be fired, since he has resigned on February 16, 2011.
So can Ian Birk serve as a police officer at another department in Washington state? The answer to that question depends on Seattle Police Chief John Diaz. Peace officers in Washington are certified through the Washington State Criminal Justice Training Commission (CJTC). They can lose that certification if their employer asks the Commission to decertify the officer.
Officer Birk’s actions point to a bigger problem at the Seattle Police Department. A series of recorded incidents of Seattle police officers inflicting physical violence on city residents – most of whom are people of color - has demonstrated the need for significant change. This is why the ACLU-WA and 34 other organizations asked the Department of Justice to investigate the SPD for a pattern and practice of excessive use of force.
The ACLU and other community groups met with DOJ officials this month, as part of their preliminary review of the request to investigate. It was a frank and productive meeting. They heard many examples of the kind of police incidents and attitudes that led so many groups to join the call for an outside party to examine the SPD and its culture. Our hope is that with the DOJ expertise and experience, it can help police leadership change ingrained habits of some members of its force.
A well-disciplined and accountable police department requires three essential qualities. Strong leadership that holds all employees to the highest standards of professional conduct and seeks to maintain a respectful environment within the department and throughout the city; independent, professional oversight to ensure that officers who violate the rules are held accountable and that the department’s policies are carefully crafted to protect the public and maintain the peace; and finally, high-quality and responsive training that prepares peace officers to protect our safety while enforcing the laws.
Whether or not DOJ decides to investigate the SPD, there are changes that can be made now to improve the training for all Washington state peace officers. The Criminal Justice Training Commission should make immediate improvements to the Basic Law Enforcement Academy to emphasize de-escalation, improved decision-making, and use of discretion by officers. The Academy training is the recruits’ first exposure to police work and it must be updated. As Chief Diaz has said, officers need to be carefully trained to know not just when they can use force but whether they should use force in a given situation. Only with careful training, oversight and leadership will our city find a way to curtail the “us versus them” mentality, so that all our police can fulfill their role of Peace Officers.
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A fair and reasonable view of
A fair and reasonable view of the situation. Too bad the SPD won't return the favor.
Satterberg decision is WRONG on the law. Why do you support it?
Jennifer, you wrote:
"In 1986, Washington’s legislature passed a law that allows police officers to escape criminal charges for killing a person so long as the officer had a good faith belief that his actions were justified and he acted “without malice.” This law protects the officer even if his “good faith belief” was wrong."Actually, it's a good faith belief that his actions are justified according to the provisions of the justifiable homicide statute, which includes a reasonableness requirement. The inquest jury strongly indicated, the SPD FRB officially proclaimed, and the vast majority of observers concur, that whatever Birk may claim about a supposed perceived deadly threat, it's not a reasonable claim. That is just one of many keys flaws in Satterberg's contorted "decision". Williams family attorney Tim Ford saw it for what it was, calling Satterberg out as "duplicitous" -- why on earth is the ACLU siding with Dan Satterberg here?
Anyone who is disturbed by this decision should read the critique of Satterberg's analysis here:
http://www.birkaction.com/satterberg.html
Thank you.
Killing a Native American
A hunched over man doddering over a carving, putters his way across a street looking down and totally engrossed in his work. Suddenly we see a policeman, gun already in hand as he hastily strides across the screen. Better believe it. Weren't you terrified when you saw that Indian walk by? Behind the cover of a brick building, the gunman orders "Put the knife down" three times in all of 4 seconds and then shoots the man five times. Five times. Five. Look at the film and tell me the gunman masquerading as a protector of justice acted with no malice. Look at the body language. You're going to tell me the policeman was scared? The woman coming across the street was hardly paying attention. No one was threatened. It was the policeman that was threatening. It was the policeman that was the hunter. A country with no checks and balances with its military and police is a country of violence. Wake up, America, or are you already too far gone?
Deep Emotions
As what the media called me.. the "Key Witness", I'm here to tell you there was no threat. I was walking along, trying to get home after a days work, when I saw this police car pull up, decided to cross in the middle of the street instead fo going to the cross walk because I didnt know yet what was going on. The video shows Birk pulling his gun as he walked up to the car. A gun isnt pulled unless there is intended use. If you are walking up to check out a situation, why would you assume you may need a gun? If you are that afraid that you think you may need a gun, why wouldnt you first call for back up? If you are that afraid for your life that you need to pull a gun before even asking questions, why would you even get out of your car without assistance? Fear struck me just as hard, as the bullets struck John Williams. I made my way to & from work everyday for months afterwards wondering if it was ok to put my cold hands in my pockets & if it was ok to walk in front of a patrol car that was sitting in an alley... I STILL fear that under the wire somewhere where dirty bugs crawl... I could lose my job because I might say something I shouldnt & someone may hear & pass a word on to someone they know & somewhere along teh line a puppeteer in the government may decide mroe budget cuts are needed... I never had a single fear until that day when that gun was fired! Now I fear every day of my life because of this.
WSCJTC refuses to release records re: Ian Birk decertification
I filed a public records request with Washington State Criminal Justice Training Commission for "written or electronic communication to or from Seattle Police Department staff regarding former Seattle Police Officer Ian Birk after the murder of John T. Williams on August 30, 2010, along with metadata." On August 8, 2011, Greg Baxter, WSCJTC Records Officer, responded, "We do have a Personnel Action Report from Seattle Police Department about the Officer Birk’s resignation. [State law requires police and sheriff’s departments to inform us of every officer separation, voluntary or involuntary.] We have other correspondence with SPD about that separation. We compiled all of those documents into an investigative file our Certification Office retains. RCW 43.101.400 exempts from public disclosure the entirety of WSCJTC investigative files used in certification and decertification."
Related correspondence is archived at Muckrock.com.
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