accountability

2024 Has Not Been Kind to Seattle Protesters Thus Far

Lots to cover from the last two weeks! Let’s get right into it. 

Seattle News:

First off, King County prosecutors declined to prosecute SPD Officer Kevin Dave, who ran over pedestrian Jaahnavi Kandula going 74 mph in a 25 mph zone last year, killing her. The case was referred by SPD as a felony traffic case last summer, and now the Prosecuting Attorney’s Office has said they would be unable to prove felony charges beyond a reasonable doubt. The Stranger reported thatDave joined the department in 2019 and received a hiring bonus. He previously had his Arizona driver’s license suspended in 2018 for unpaid traffic fines and failure to appear in court, according to reporting from DivestSPD.” The OPA will now re-start their own investigation of Dave: “the formal complaint against Dave accuses him of behaving unprofessionally and violating the emergency driving policy, among other potential violations.”

This week, six protesters were arrested at the full City Council meeting on Tuesday. Council President Sara Nelson limited public comment to 20 minutes, in spite of there being many present to ask for help funding housing for asylum seekers currently camping outside a Tukwila church. CP Nelson called for security to clear the room, and then when protestors continued to bang on windows from outside, CM Cathy Moore asked for a police presence to arrest the individuals. You can read more about her remarks here.

As a result, six protesters were arrested and booked into the King County Jail, where they were each required to post $1000 for bail. Given the current booking restrictions at the jail, this is particularly noteworthy. This follows the case pursued by the Seattle City Attorney brought to trial about the Stop the Sweeps protester who tried to prevent an RV from being towed for a few minutes while its owner obtained a spare tire. 

Also taking place this week was the “final” hearing on the three new surveillance technologies being proposed for SPD: AGLS, CCTV, and RRTC software. Seattle Solidarity Budget submitted a letter opposed to these technologies signed by over 70 community organizations and 1,200 individuals. At the end of this hearing, it was announced the public comment period for these technologies was being extended until March 22. You can fill out feedback forms about these technologies here, and you can find talking points to help you here. You can also read more about the final public hearing here.

In accountability news, the two SPD officers who waited 20 minutes to respond to a shooting call, first reported on by DivestSPD, were given a day off without pay as a consequence. The SPD communications office has been experiencing turmoil lately; since its head, Lt. John O’Neil was appointed in August 2022, the division has experienced turnover of “more than 100 percent,” per Publicola, and an office that previously had 3 men and 3 women is now all men, with one of the women leaving SPD and the other two accepting demotions of rank and now working in patrol.

SPD Officer Mark Rawlins is being investigated by the OPA after throwing a handcuffed 58-year-old Black man onto the ground, an action that was reported by King County Jail supervisors. Rawlins has been investigated by the OPA in 8 different cases since he joined SPD in 2017.

Washington State News:

A bill might be passing the legislature this session that would allow DACA recipients to work as police officers and firefighters. Many supporters of this legislation say it would help hire more police officers.

This week the legislature is also looking into significantly reducing the rules around police pursuits, even though studies show these sorts of chases have been killing 2 people per day in the US the last few years. The new initiative would allow police to start a car chase if they had any reason to believe the person violated any law, which could include traffic infractions and other low-level, non-violent offenses (or no offense at all). This represents a significant rollback of reform initiated in previous sessions.

The Seattle Times ran an in-depth piece examining the current crisis of public defenders in Washington State. There aren’t enough public defenders, which causes a vicious cycle of absurd case loads, burnout, and long wait times to receive free legal advice. 

Recent Headlines:

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Seattle Drug User Diversion (LEAD) Will Max Out Its Capacity in Spring 2024

Year End and Looking Forward:

As this is the closing edition of this year of the newsletter, I want to extend a big thank you to all my readers. I hope you’ve found my reporting this year to be helpful in keeping you updated on what’s happening in the public safety and criminal legal spaces in Seattle, King County, and Washington State. 

Looking forward, public safety will remain front and center as an issue of interest. A short state legislative session will be beginning in January; historically short sessions tend to focus more on policy and less than on fiscal issues. We’ll have a couple new faces on the King County Council and 7 new faces on the Seattle City Council. King County and Seattle will also both face large fiscal deficits for their 2025-2026 budgets, which they’ll hammer out in the fall. We’ll also see more developments with both Guaranteed Basic Income (GBI) and social housing.

I’d like to give extra thanks to those who support this work via Patreon for helping make Notes from the Emerald City possible. And I’m making a small request. Donations this year are not quite going to cover the hosting fees for the Notes from the Emerald City website. So if you find this work valuable, now would be a really great time to give a small donation to help keep things running. You can give a monthly donation via Patreon or a one-time donation via Paypal.

Thank you so much, and here’s looking forward to more reporting and learning in 2024!

Seattle News:

At the last Public Safety and Human Services committee meeting of the year (and the last presided over by Chair Lisa Herbold), LEAD gave a report on how they’re doing with the new influx of police referrals following the passage and implementation of the drug criminalization ordinance. They are only continuing to accept community referrals (meaning not from SPD) from three geographic areas: upper Third Avenue, the CID, and Rainier Beach (the latter only because King County is specifically providing funding to provide this service there). Fewer community referrals in general are being made as they are so likely to be turned down by LEAD.

LEAD is predicted to reach an absolute capacity ceiling in late April or early May of 2024. At that time, if more funding is not provided–either from the city, from the state, or from federal grants–LEAD will have to start rejecting not only community referrals but also referrals from the police. 

Lisa Daugaard, the co-executive director, also said that people are coming in at the highest level of clinical need they’ve ever seen, and that there are insufficient resources and options to offer these people. LEAD provides case managers who connect people with the services they need, but if those services are unavailable, the model cannot work as designed. One particular area where more service is needed is wound care as people are losing their limbs, and there aren’t resources to address this that are mobile.

In accountability news, an arbitrator has ruled that a former SPD officer who was fired for “using excessive force and violating the department’s de-escalation policies” was done so unlawfully and should at most have been suspended without pay for 60 days. Because she was fired back in 2017, the arbitrator didn’t order that she be given back her job, but he did order that she receive over $600k in backpay.

A new firefighters contract has been announced, which the local firefighters ratified with an 86% vote. This contract covers the period between December 21, 2021 and December 31, 2026 (meaning it covers two years in the past and three upcoming years). Cost of living adjustment (COLA) increases in the new contract are based on the Consumer Price Index (CPI) for Seattle-Tacoma-Bellevue with increase minimums and maximums that vary by year but are mostly a 2% minimum and a 4% maximum increase. The contract also includes a COLA bank that allows firefighters to bank excess cost of living increases when inflation is higher than 4%.

The back pay for the firefighters for the last two years (2022 and 2023) will cost $22.3 million. Going forward, the contract will cost an additional $21.4 million in 2024. The estimated total additional cost for the contract from 2022-2026 is $106.5 million. 

The Coalition of City Unions has also reached a tentative deal with the city. It hasn’t yet been approved, but it would provide a 5% COLA increase for 2023 and a 4.5% COLA increase for 2024. After that wage increases would be tied to the CPI for between 2-4%, just like the firefighters. 

In her wrap-up Bad Apples column for 2023, Ashley Nerbovig has this to say when summarizing the year:

And what a year for the Seattle Police Department, even aside from the OPA investigations. Barely a month into 2023, Seattle Police Officer Kevin Dave hit and killed 23-year-old college student Jaahnavi Kandula while driving nearly three times the posted speed limit. Kandula’s death led to worldwide outrage after a video surfaced of Seattle police union vice president Officer Daniel Auderer cackling and mocking Kandula on the night of her death. SPD took another hit in September when The Stranger published audio of Officer Burton Hill hurling a racial slur at his elderly Chinese neighbor. SPD faced broader criticism about racism within the department after prominent Black SPD detective Denise “Cookie” Bouldin filed a discrimination lawsuit in November claiming she’d endured decades of racial and gender bias while working for SPD. Just cop things!”

King County and National News:

Prosecutors began their final arguments in the Manny Ellis trial on Monday. The jury began their deliberations on Thursday.

Meanwhile, even the New York Times is saying body worn cameras haven’t lived up to the hype

“The story demonstrates the mixed results of police-worn body cameras: Many people hoped they would help hold police officers accountable for wrongful shootings. But there has been a basic problem, as Eric Umansky found in an investigation for The Times Magazine and ProPublica: Police departments have often prevented the public from seeing the footage and failed to act when it showed wrongdoing.”

Recent Headlines:

 

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Blue Flu as a Negotiation Tactic

Seattle News:

There’s been a lot of speculation this week about a potential wave of Blue Flu that hit SPD last weekend, when several big events, including Taylor Swift concerts, Capitol Hill Block Party, and a Mariners game took place. The President of the Seattle Police Officers Guild (SPOG) took to his podcast to say that on Saturday night, about half of patrol operations didn’t show up to work and 40% didn’t show for special events. He went on to say 600 cops have left in three years in Seattle because of the “defunding nonsense.” He is lobbying in DC right now and says that a couple other unions he’s with have similar attrition numbers. 

In response to this podcast, Divest SPD tweeted, “SPOG is telegraphing that it’s did an illegal labor action while denying that it did an illegal labor action. It wants to communicate the power of its membership and intent of the clearly coordinated action without accepting the legal responsibility.”

At this week’s Public Safety and Human Services committee meeting, the Seattle Community Responses to Domestic Violence Workgroup delivered their recommendations to expand community response to domestic violence. CM Herbold said data from the City Attorney’s Office shows domestic violence referrals have higher decline rates than anything else the office does–a 65% decline rate–and that many of these declines are related to the victim’s wishes. 

As an alternate path to addressing domestic violence and providing accountability, the work group recommends establishing durable public funding streams for community response that reach people who are being abusive, independent from the criminal legal system, to start with a 3-year pilot. These community efforts would work to prevent violence before it escalates, provide pathways for healing and accountable relationships, and motivate personal and social transformation.

Other recent Seattle news of note:

  • Publicola received video from the body-worn camera of Officer Dave, who struck and killed student Jaahnavi Kandula earlier this year. The video shows Officer Dave accelerated from 4 to 74mph in just 12 seconds and briefly chirping his siren a few times but not running it consistently.
  • SPD released the video from when they shot a man downtown last week, which appears to show the deployment of the new Bolawrap tool, which makes a sharp gunshot type sound, followed immediately by two shots fired by a different officer, who made no warning that he was going to shoot.
  • Last December, SPD officers took 23 minutes to respond to a shooting that was only a mile away from where they were hanging out at the SPOG office. An investigation is underway into the delayed response and to the possibility the officers tried to cover it up. Evidence also indicates the officers might have driven at dangerously high speeds when they finally did decide to respond. Two of the three officers involved made $211k and $315k in 2022.

Recent Headlines:

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