YAKIMA — A Spokane police officer accused of using excessive force in the 2006 death of a mentally ill man described in detail from the witness stand Thursday how the man ignored his verbal commands, then struggled and threw punches when the officer tried to subdue him.
Officer Karl Thompson
is on trial in federal court in Yakima, charged with violating the civil rights of Otto Zehm, a 36-year-old schizophrenic man.
Federal prosecutors contend Thompson brutally beat a citizen who posed no threat and disgraced his badge by lying about the encounter afterward. The defense maintains that the veteran officer used his training and experience to make a split-second decision to protect himself and the public.
Surveillance video of the encounter shows Thompson rushing up to Zehm inside a convenience store, knocking him to the ground and repeatedly striking him with a police baton.
Under questioning from defense attorney Carl Oreskovich on Thursday morning, Thompson described how time slowed down for him as he rounded a corner inside the Zip Trip store March 18, 2006, to approach a man he believed was a suspect in a possible theft.
Zehm was the subject of a police search after two teenagers reported that he might have stolen money at an ATM, though it was later revealed that Zehm had done nothing wrong. Thompson was the first officer to respond.
Thompson said he initially lost sight of Zehm, who was wearing a leather jacket, jeans and black boots, inside the store. When he rounded a corner, he saw Zehm clutching a 2-liter pop bottle at each end to his chest.
He said he gave Zehm verbal commands to drop the bottle, and Zehm responded, “Why?”
“When I gave him those commands, I am looking for recognition. I am looking for compliance,” he said.
The pair made eye contact, and Thompson said he saw recognition in Zehm’s eyes and voice, but that the man still failed to comply with his commands.
“I’m not seeing any submissive gestures. Granted, I’m taking all of this in in milliseconds, but for me, in that time distortion if you will, I have the time and I am going through a checklist of things I need to do, but I’m also closing distance on him,” he said.
Thompson said he struck Zehm with the baton when he ignored commands. He said he then used his Taser on Zehm when the man continued to struggle and struck at him, expecting that the device would incapacitate Zehm because it had subdued suspects in the past.
“It didn’t work,” he said. “I have already used my baton to strike him. I’ve now used my Taser to control him, and neither is gaining compliance from him.”
When asked if he was fearful, Thompson replied yes.
“You’re managing your fear, but it definitely is kicking in the adrenaline,” he said. “There’s fear there.”
Thompson, 64, has been with the Spokane Police Department since 1997. He is not accused of killing Zehm, but of violating his civil rights by using excessive force and lying to investigators after the encounter. Thompson has pleaded not guilty.
According to police reports, officers later hogtied and sat on Zehm. He died two days later without ever regaining consciousness. A medical examiner ruled the death a homicide and said Zehm died from lack of oxygen to the brain because of heart failure while being restrained on his stomach.
U.S. District Court Judge Fred Van Sickle moved the trial from Spokane to Yakima because of pretrial publicity. He also prohibited prosecutors from telling the jury that Zehm was innocent on the night of the confrontation.
Thompson is expected to continue testifying Thursday afternoon.
The city still faces a civil lawsuit filed by the family.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
