‘Liability’: Langley police chief criticized at public meeting

By Patricia Guthrie / South Whidbey Record

LANGLEY — At a public meeting Monday, half a dozen Langley residents described interactions with Police Chief David Marks that they said involved shouting, unwarranted rough handling and unprofessional conduct.

Some told the City Council they wondered why Marks wasn’t removed from duty after he was accused of using unnecessary force.

Michael O’Mahoney, a retired Seattle assistant police chief who lives on Whidbey Island, said Marks has “become a liability to the city of Langley.”

Others cited a charge against Marks in Bellevue in a road-rage incident nearly 20 years ago. Marks is reported to have yelled a racial epithet at a black man driving with his 11-year-old son, while pointing a semi-automatic gun at them. Marks later pleaded guilty to a misdemeanor weapons offense.

Monday’s council meeting occurred two weeks after others came forward with glowing testimony about Marks’ ability to handle difficult situations and protect their businesses and homes.

Marks has been the Langley police chief for four years. He was investigated by the Washington State Patrol for alleged aggressive handling of a trespassing suspect at the Star Store on Nov. 20, 2017. Marks was accused by another law enforcement officer of kicking the handcuffed suspect, causing him to fall face-first on the ground.

Last month, Island County Prosecutor Greg Banks reviewed the investigation and declined to charge Marks with a crime, concluding that a jury would be unlikely to convict Marks of misdemeanor assault.

Another review of Marks’ actions is being done by a former police officer, Glen Carpenter, who is an expert on use of force. Langley Mayor Tim Callison said he hired Carpenter for $1,100 to assess Marks’ actions and to review the department’s policies to see if anything should be changed.

A deadline for those findings hasn’t been set.

At Monday’s meeting, Marks listened to a string of accusations regarding his behavior. Afterward, he declined to comment.

“I’m waiting for the report,” he said, referring to Carpenter’s findings. Marks previously said he’ll abide by whatever decision is reached.

City Council members admonished the crowd to “be civil” and stick with a civility pledge that the council and mayor recently signed.

O’Mahoney, the former Seattle assistant police chief, commended Langley police officer Mason Shoudy and Island County sheriff’s deputy Thomas Brewer for reporting Marks’ alleged misconduct.

“Without their concern for professionalism and the human dignity of a disabled man, this encounter would not have come to light and under the appropriate scrutiny of Langley’s elected officials,” O’Mahoney said.

Some at the meeting asked why Marks wasn’t removed from duty as he’s being investigated. Mayor Callison replied that his decision was based on the initial report and that it “did not rise to unnecessary use of force so there was no reason to suspend him.”

Councilman Peter Morton called for patience while the investigation continues.

The City Council set a July 2 meeting to discuss reviewing the police department’s policies.

This story originally appeared in the South Whidbey Record, a sibling paper of The Daily Herald.