Spokane officer indicted in man’s death

Published 6:23 am Tuesday, June 23, 2009

SPOKANE, Wash. — A federal grand jury has indicted a Spokane police officer over a fatal confrontation with a developmentally disabled man who was struck and Tasered in 2006.

The indictment contends Officer Karl Thompson deprived Otto Zehm of his civil rights and made a false statement to investigators. Thompson was the first of seven officers who responded to a call at a convenience store on March 18, 2006. He was accused of repeatedly striking Zehm with a baton and Tasering him.

Zehm “was deprived of his right to be free from the unreasonable use of force,” U.S. Attorney James McDevitt told a news conference Monday, adding Thompson likely will be the only officer indicted.

The FBI launched an investigation after local officials declined to pursue charges, despite a public outcry over the beating.

City officials have said Zehm, 36, menaced officers by refusing police orders to drop a two-liter bottle of soda he was holding, and fought with officers.

If convicted, Thompson faces a maximum 10 years in prison and $250,000 fine on the civil rights count. He faces a maximum 20 years in prison and a $250,000 fine on the false statement count. He is not listed in the telephone book and was not immediately reachable late Monday for comment.

Thompson was placed on paid administrative leave Monday by Police Chief Anne Kirkpatrick.

“I believe in seeking the truth and trust our criminal justice system to do just that,” Kirkpatrick said. A city administrator will determine Thompson’s job status as the case proceeds, she said.

Zehm died two days after he was beaten and bound in the police confrontation. Medical Examiner Sally Aiken ruled the death a homicide. She said he essentially died from lack of oxygen to the brain due to heart failure while being restrained on his stomach.

Spokane County Prosecutor Steve Tucker announced in October 2006 that he would not charge any of the seven officers.

The city of Spokane has asked a federal judge to dismiss a civil lawsuit filed by Zehm’s family over his death. In that case, attorneys for the city wrote that “Zehm knew or should have known that he was being detained by a peace officer and had the duty to refrain from using force to resist such detention.” The city’s response was prepared by Assistant City Attorney Rocco Treppiedi and Carl Oreskovich, a private lawyer helping represent Thompson.

Attorneys for the city contend Zehm had stopped taking his medication for mental illness, leading to confusion and paranoia by the time he was confronted by officers.

Breean Beggs, an attorney for the Center for Justice, which represents Zehm’s mother in the civil suit, said Monday it was unfortunate that the federal government had to step into the case because of the city’s reluctance.

“The family’s interest is in making sure this doesn’t happen again,” Beggs said. “The city’s insistence that they did nothing to cause the death means things can’t get better without a legal remedy.”

The case began when two young women erroneously reported to police that Zehm had stolen their money out of an automated teller machine, according to police reports.

Thompson responded and located Zehm inside a Zip Trip convenience store. Six other officers also responded.

Police initially claimed that Zehm attacked Thompson, but dropped that claim after video showed Zehm retreating while holding a 2-liter soda bottle in front of his face while Thompson struck him.

Zehm stopped breathing about three minutes after an officer obtained an oxygen mask from a paramedic and placed it on his face. The mask was never attached to an oxygen tank, according to police reports. At the time, Zehm was lying on his stomach while officers kept his ankles and wrists bound with nylon straps.