EVERETT — An Everett man is suing Snohomish County, accusing police of not responding to a mentally ill man’s behavior at a Tulalip hotel before the stranger stabbed him.
In February 2022, Robert LeMasters banged on the door of Fred Burney’s hotel room at the Quality Inn in the 6300 block of 33rd Avenue NE. When Burney opened the door, LeMasters attacked, repeatedly stabbing him in the torso, court documents said.
The lawsuit filed in King County Superior Court last month alleges Snohomish County, Snohomish County 911, the city of Lynnwood, the Quality Inn and two Tulalip police officers failed to properly respond to LeMasters’ behavioral health crisis before the assault.
Burney accused the defendants of knowing LeMasters, 57, suffered from “delusions, paranoia, and had episodes of psychosis and would commit acts of violence” based on numerous 911 calls, according to court papers.
Around 9 a.m. on Feb. 18, 2022, LeMasters’ ex-wife called 911 to report he was having a “mental health problem” in a room at the Quality Inn just west of Marysville. Deputies “did not properly assess the situation” with LeMasters, the lawsuit argued.
The deputy returned the woman’s phone call and spoke to her over the phone but didn’t go to the hotel or contact designated crisis responders.
From about 9 a.m. to 8:45 p.m., no one from the Snohomish County Sheriff’s Office went to the Quality Inn to check on LeMasters, court documents said.
Around 3 p.m., LeMasters called 911 claiming he was being held hostage in a room by people with guns, and that people were harassing and blackmailing him. Snohomish County 911 noted LeMasters had a history of behavioral health issues.
Another deputy called LeMasters’ ex-wife. She informed him LeMasters was taking meth and having hallucinations. She reportedly said her husband had a history of being aggressive with mental health workers.
After the phone call, the deputy informed 911 dispatch he would be doing nothing further with the situation.
Sheriff’s office policy requires deputies to take several basic actions when responding to a behavioral health incident, according to court documents. The lawsuit alleged none of the tasks were performed in this case.
Around 3:30 p.m., two Tulalip police officers arrived at the hotel. In surveillance footage, they are seen knocking on LeMasters’ door and having a brief discussion with him before leaving, according to the lawsuit.
The presence of two tribal officers “gave false notice” to the county that the emergency request for behavioral health services was being addressed, and it hindered the investigation, court documents said.
The complaint also said the Tulalip Tribal Police Department is not a partner agency with Snohomish County 911, so Tulalip police should not have responded.
Around 6:30 p.m., the Lynnwood Police Department called Snohomish County 911 to note LeMasters had two pending criminal cases in Lynnwood Municipal Court, wrote Sok-Khieng Lim, Burney’s attorney.
Snohomish County 911 did not inform Lynnwood police it had received two behavioral emergency calls earlier that day involving LeMasters, nor did dispatchers tell officers to approach with caution because he suffered from mental illness, according to the lawsuit.
Around 7 p.m., Lynnwood police went to the Quality Inn to serve a criminal citation on LeMasters for harassment and cyberstalking, according to court documents.
Once LeMasters opened the door, the officers threw legal papers at him and left “as fast as they could” through an emergency exit, the lawsuit said.
Burney alleged the police department’s actions “constituted a reckless disregard for the safety of the public in failing to properly respond and assist a behavioral health incident in violation of the police department’s policies and procedures.”
Around 8:30 p.m., LeMasters attacked Burney. Burney had multiple knife wounds to his torso and suffered “severe, permanent” injuries, according to court documents.
After a struggle with Burney and his girlfriend, LeMasters was disarmed, and the two held him on the ground while they waited for police, according to the sheriff’s office. LeMasters went unconscious in the hallway. He died at the scene. The Snohomish County Medical Examiner’s Office determined he died from cardiac arrest associated with “neck compression, physical restraint and physical altercation.”
In the weeks leading up to the attack, the city of Lynnwood had received multiple complaints about LeMasters’ deteriorating behavioral health, according to the lawsuit.
On Jan. 18, 2022, a month before the stabbing, LeMasters’ former coworker called 911 to report the man was harassing him and making threatening texts and phone calls. Lynnwood police filed a criminal citation for cyberstalking against LeMasters.
On Feb. 15, 2022, LeMasters’ stepdaughter and ex-wife made reports to Lynnwood police about harassing phone calls and texts, the lawsuit said. His ex-wife requested police conduct a welfare check on LeMasters because she feared he was no longer taking his anti-psychotic medication.
Burney also claimed that LeMasters had frequently stayed at the Quality Inn, and authorities were aware of his “psychotic, manic state.” According to the allegations, the hotel failed to conduct any risk assessment or establish security measures that could have prevented the attack.
Lim, the sheriff’s office, the prosecutor’s office and the city of Lynnwood declined to comment on the pending lawsuit.
Jonathan Tall: 425-339-3486; jonathan.tall@heraldnet.com; Twitter: @snocojon.
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