A backlog of tests in hundreds of cases at the Washington State Patrol crime lab has reached critical proportions and now is slowing down investigations in police-involved shootings and other priority cases from Snohomish County.
“It’s just impossible to meet all the deadlines,” said Larry Hebert, the lab’s acting director. “We are reaching now what you could probably say is a crisis stage.”
Among the nearly 900 cases with evidence waiting to be examined are at least three officer-involved shootings from Snohomish County. All told, at least seven cases involving gunfire from local police are still under review.
The bottleneck at the labs is hampering investigations, including those from the Snohomish County Multiple Agency Response Team, the task force of homicide detectives that investigates police-involved use of deadly force. During the New Year’s holiday weekend, two new cases were added.
“In the majority of cases, the hold up is crime-lab backlog,” said Rebecca Hover, a sheriff’s office spokeswoman who also speaks for SMART.
Once the team completes their investigation, often several volumes in length, they refer the case to Snohomish County Prosecutor Mark Roe.
Roe, recently appointed the county’s interim prosecuting attorney, plans to continue to review the investigations to make a decision about use of force among police officers. Roe has been reviewing the cases for years. He also gets help from other prosecutors in the office.
Early New Year’s Eve, a Snohomish County sheriff’s deputy fatally shot a man suspected of stabbing someone in the face with a screwdriver in Bothell. Then, Mill Creek police officer Bart Foutch opened fire Saturday at a fleeing suspect along I-5. The suspect wasn’t hurt but the investigation into the shooting closed the freeway for several hours.
Including the New Year’s Eve incident, there were six fatal shootings involving police officers in Snohomish County in 2009.
Hover said the investigation is close to being complete in the May 29 fatal shooting of Daniel Wasilchen. He died when a dispute with a county noxious weed inspector brought deputies to his home.
The slow progress may not solely be linked to forensic testing, said Raymond Dearie, a lawyer representing Wasilchen’s family. He’s filed a $5 million claim for damages.
“It does seem like an excessively long amount of time considering the people involved know what happened,” Dearie said. “I don’t see what the holdup is.”
It took about four months to investigate and file charges against Everett police officer Troy Meade. He was charged in October with first-degree manslaughter in the June 10 shooting death of Niles Meservey. Lawyer’s for Meservey’s daughter have filed a claim for $15 million against the city of Everett.
Detectives on the multi-agency team investigated nine police incidents between 2007 and 2008 involving deadly force. Generally, a decision whether or not the force was legally justified was made in about three months.
It took longer when somebody died, records show. It took about eight months for authorities to determine that a Mill Creek police sergeant was justified in fatally shooting Jesse Quincy on Jan. 25, 2008. It took about five months to rule that a sheriff’s deputy was justified in conducting a traffic maneuver that resulted in the death Randall Privrasky on March 28, 2008.
It took a year for the results of the investigation into the Nov. 8, 2008, fatal shooting of Dustin Willard by Everett police to reach Roe, he said.
Investigators were waiting on the crime lab to test physical evidence. There was a significant amount of ballistics evidence, Roe said. He hasn’t reached a decision about the shooting.
Roe said he met with Willard’s family in December. He is likely to meet with them again to answer any questions they may have about the investigation, he said. Roe tries to meet with the families of people who are killed by police before making a decision.
“They have questions that deserve to be answered,” Roe said.
Roe said he has never seen a delay because detectives say they have too much to do. They are experienced homicide detectives who are used to investigating numerous cases all at once, he said.
“To be honest, they are always busy. They don’t punch a clock. They just buck up and do the job,” Roe said. “I’ve never been told they’re too busy to get to it, on any homicide.”
Detectives are methodical when investigating, Hover said. Once the evidence is processed by the crime lab, detectives review the results and continue work.
“It’s more important to us that they’re done well and not fast,” she said.
Homicide detectives from Everett and the sheriff’s office logged long hours in the past week. After the two officer-involved incidents, there were two homicide investigations launched Sunday morning, one in Everett and another in unincorporated Lynnwood. No arrests have been made.
“There’s no rhyme or reason,” Hover said. “That’s just the way it works sometimes. You investigate each one as aggressively as you can.”
Crime lab officials have told detectives to expect delays of up to a year in the analysis of ballistic evidence, Hover said. Priority cases, when a suspect is at large or when a court date is pending, may speed the turnaround.
The ballistics backlog at the state’s crime labs primarily is the result of a shortage in qualified technicians, said Hebert, the state’s acting director. Each of the labs that conduct ballistic testing, in Seattle, Tacoma and Spokane, are understaffed, he said. Spokane is essentially shut down right now because experienced staff have moved on and trainees are awaiting certification.
“It’s actually a fairly simple formula: It boils down to manpower,” Hebert said.
The state has reached as far away as South Africa to recruit qualified technicians and has several trainees in the pipeline. Budget woes, too, have hurt the office.
Even priority cases now are fighting for attention, Hebert said.
“It’s up at the point now where our alarm bells are going off,” he said.
Timeline
Fatal shootings involving police officers in Snohomish County since November 2008:
Nov. 8, 2008
Everett police shoot Dustin Willard at his Everett home. Police went to the home after receiving a report of a burglary in progress.
Status: Snohomish County Prosecutor Mark Roe received the investigation in November 2009 and met with Willard’s family last month. A decision is pending. The officers involved have returned to duty.
May 29
A Verlot man, Daniel Wasilchen, is shot in front of his home by a Snohomish County deputy and a reserve deputy. Police are called after a reported dispute with a weed-abatement official.
Status: The investigation is close to completion. Wasilchen’s family in November filed a $5 million claim for damages against the county.
June 10
Everett police officer Troy Meade shoots Niles Meservey, 51, while the Stanwood man was sitting in his car outside the Chuckwagon Inn in Everett during a drunken-driving stop.
Status: Meade, 41, has been charged with first-degree manslaughter after the investigation showed he shot Meservey seven times from behind. Meade has pleaded not guilty and has indicated he’ll argue self-defense. Meservey’s family has filed a $15 million damage claim against the city of Everett.
July 2
Snohomish County deputies shoot an Arlington man after 911 was called about a domestic violence case. Dwight Monnie, 64, died later at a Seattle hospital as a result of gunshot wounds.
Status: Detectives from the Snohomish County Multiple Agency Response Team continue to investigate.
Aug. 6
Shawn Larson is shot at the truck scales along Highway 9 in Lake Stevens. He had a pistol zip-tied and taped to his hand, according to the sheriff’s office. The deputy who fired had been involved in the July 2 Arlington fatal shooting.
Status: SMART detectives continue to investigate.
Nov. 1
John LaBossiere, 26, is shot during a domestic violence call. He apparently was armed with two handguns when confronted by a Lake Stevens police officer, 23.
Status: SMART detectives continue to investigate.
Dec. 31
A man is shot outside a Bothell apartment by a Snohomish County sheriff’s deputy summoned by a 911 call reporting a domestic violence assault involving a weapon. The man’s name has not yet been released.
Status: SMART detectives are investigating.
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