Editorial: Where we go from here after Floyd’s death, protests

By The Herald Editorial Board

We can be thankful that Snohomish County communities avoided the violence and vandalism that marred and drew attention from otherwise peaceful protests across the country and the globe, following the May 25 death of a Minneapolis man, George Floyd, who suffocated — handcuffed and prone, pleading “I can’t breathe” — as a police officer’s knee crushed his neck for more than eight minutes.

What cannot be avoided now is our responsibility for confronting and correcting the policies, practices, systemic racism, insular attitudes and complacency — seen nationwide and in our own communities — the pressure from which was allowed to build until cellphone video of Floyd’s death made Americans confront a full bill of ugly realities.

As we have seen with school shootings, Snohomish County’s communities are not immune from such tragedies nor the human failings that lead to them.

It can happen here.

It happened in Tacoma on March 3, when Manuel Ellis, a 33-year-old black man, died of respiratory arrest during physical restraint while in the custody of four Tacoma police officers, according to the Pierce County medical examiner. The mayor of Tacoma has demanded the firing of the four officers involved, again after video footage was released of officers beating Ellis on the side of a road.

And it happened on occasions now too numerous to recount when protests against the unjustified use of force by police were met — yes, sometimes spurred by projectiles from within and outside the crowds — with the dangerous use of force in the form of tear gas, pepper spray, batons and “rubber bullets,” a misnomer that fails to accurately describe the hard plastic or wooden projectiles often fired directly and at close range at protesters, from downtown Seattle to Washington, D.C.’s Lafayette Square, prior to a presidential photo op.

It may yet happen here unless Snohomish County residents, members of law enforcement and elected officials continue to confront issues related to unwarranted use of force, oversight of law enforcement and the racial inequities that have resulted in unjust treatment in law enforcement and the criminal justice system.

It’s encouraging that the leadership of local law enforcement agencies have made clear their shock at the circumstances of Floyd’s death and their commitment to responsible and effective law enforcement. Four days after Floyd’s death, Everett Police Chief Dan Templeman said in a release posted on Facebook that he had stressed to his officers their responsibility for building and maintaining public trust:

“Public trust is earned through fair and impartial policing, transparency, accountability and community partnerships, all core principles deeply ingrained into the culture of the Everett Police Department.”

Let’s acknowledge that some of the actions necessary are under way, such as the reforms passed by voters in 2018 in Initiative 940 regarding the state’s legal standard for the use of deadly force by police and the strengthening of training requirements for police. Templeman, in his Facebook post, outlined some of the instruction Everett officers now complete, including training on crisis intervention and de-escalation tactics, implicit bias, procedural justice, use of force, duty to render aid and firearms training that tests response in force/no force situations.

But we also must acknowledge incidents and decisions elsewhere that show the work that remains — especially regarding issues of use of force, accountability and the civil rights of citizens — much of it detailed in recent news accounts and now also outlined in petitions seeking the recall of Snohomish County Sheriff Adam Fortney.

Among the charges in two approved petitions for the sheriff’s recall was Fortney’s decision to rehire three deputies, all of whom had been fired by the previous sheriff, Ty Trenary. One of the officers, Deputy Art Wallin, was dismissed following an October 2018 vehicle chase that ended in the shooting death by Wallin of an Edmonds man, Nickolas Peters. The Snohomish County Prosecutor’s Office declined to file charges against Wallin, but Trenary, following a nearly year-long investigation, fired Wallin. Snohomish County later paid a $1 million settlement to Peters’ family.

Yet, Fortney, less than a month after taking office following his election last November, reinstated Wallin and later two other deputies, who were dismissed by Trenary for violating department policy on warrantless searches and for dishonesty regarding a search performed without a warrant.

And as recently as late March, the recall petition also alleges, Fortney failed to properly investigate a complaint brought by Sharon Wilson, a black medical assistant, who had been tackled and injured by a sheriff’s deputy during her arrest for jaywalking in Edmonds, crossing Highway 99. The petition questions Fortney’s claim that he adequately reviewed the case and his alleged familiarity with the details, noting Fortney claimed the officer, at the conclusion of his contact with the woman, offered the woman a ride home. Rather than given a ride home, the petition makes clear, the woman was booked into jail and was held for more than 24 hours.

If one or both petitions seeking Fortney’s recall from office gather the necessary signatures, the decision as to whether he remains as sheriff is up to county voters. But that vote is only one step.

Among the actions that should follow now are further discussion among county and municipal law enforcement officials, elected officials and county residents.

As part of that dialogue, the Snohomish County NAACP and its president, Dr. Janice Greene, have outlined further recommendations, including establishment of a community oversight and accountability task force to review reports of excessive force or misconduct by officers; outfitting and use of body and dash cameras by all agencies; publication of department reports on community complaints; and wider adoption of training.

We can also demand more from our state lawmakers.

State Rep. John Lovick, D-Mill Creek, whose resume includes years as a Washington State Patrol trooper, Snohomish County sheriff and Snohomish County executive, spoke with public radio station KNKX (88.5 FM) last week, in part to outline issues he wants the House’s Law and Justice Committee to address next session, including the banning of choke holds, more training and the collection and review of data on use-of-force incidents.

Lovick, along with his law enforcement background, also talked about being the father of black children, and “the talk” that black parents must have with their teens regarding traffic stops and other encounters with law enforcement.

“You know exactly what can happen and in many cases it’s possible it will happen,” he said.

Lovick’s view from both sides of the issue allows perspective on how we proceed from here.

“I love the law enforcement community, but it is time for action and we’re going to get the action that we need,” Lovick said. “It’s a turning point for all of us.”