Inquest jury finds Seattle police acted within the law and policy in deadly shooting in 2017 - The Seattle Times
A coroner’s inquest jury unanimously ruled Monday that the four Seattle police officers who shot and killed a 19-year-old man in 2017 complied with the law and department policy.
The ruling follows two weeks of testimony during the first inquest under King County’s newly revamped process to examine deaths that occur at the hands of law enforcement officers.
The eight-member jury deliberated for about three hours Friday and resumed deliberations at 9 a.m. Monday before reaching the verdict. They were asked to determine whether the officers who shot and killed Damarius Butts on April 20, 2017, complied with the law and department policy.
Jurors were asked to answer “yes, no or unknown” to 84 questions regarding whether each of the involved officers was justified in their use of deadly force, whether they had other options and whether Butts was treated in a timely manner for his injuries.
The inquest was the first held in five years and marks the resumption of a process intended to provide answers to the public and to families of individuals who die at the hands of law enforcement. The process was halted in 2017 and revised to address criticism that it favored law enforcement.
Under the new system, the jury’s ability to consider whether police may have broken the law or violated policy was great expanded, and ensured legal representation for the families.
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Over the past two weeks jurors have heard from civilian and Police Department witnesses, as well as the officers who fired their weapons after Butts, a suspect in an armed robbery, fled into a small vestibule inside the loading dock of the downtown Federal Office Building, located between Marion and Madison streets on Western Avenue. The parties agreed that Butts was armed with a .38-caliber handgun.
King County inquest process
King County’s county’s charter — unique among Washington counties — requires a coroner’s jury to convene and look into the facts and circumstances surrounding any death involving law enforcement. Most other Washington counties rely on death investigations conducted by a coroner or a medical examiner.
The newly expanded inquest process stems from revisions made in 2019 by King County Executive Dow Constantine, which were struck down in August 2020 by a King County Superior Court judge who ruled the executive had overstepped his authority. After that opinion was challenged by the family of a man killed by Seattle police in 2017, a unanimous Washington Supreme Court not only reversed that ruling but expanded the inquest process even further.
The changes were intended to rectify problems in a fact-finding system that has been blunted over the years and, according to Constantine and others, has tilted heavily in favor of law enforcement. Previously, inquest jurors were routinely asked to determine only if the officer feared for their life when they resorted to using deadly force.
Now, for the first time in four decades, inquest jurors will be allowed to review department policies, officers’ actions and determine whether any of the deaths involved “criminal means.” The new process also allowed for the appointment of attorneys to represent the families in the hearings.
Jurors will also be allowed to ask questions of witnesses.
Satterberg has said he is reluctant to issue a decision on whether police officers should be charged with a crime without inquest findings, although he maintains that in cases where the evidence is strong enough he can file charges before an inquest is held.
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There were two exchanges of gunfire, according to witnesses, surveillance and dash-camera video introduced into evidence. During the first, Seattle police Officer Elizabeth Kennedy was struck by a bullet in the chest. The round was stopped by her protective vest. Kennedy returned fire, as did Officer Chris Myers. Kennedy said she saw Butts buckle and fall.
Less than a minute later, there was a second exchange of gunfire in which police Officer Hudson Kang was struck in the face. That round traveled through his neck, struck his spine and ricocheted into his chest cavity, where it remained for several months.
Kang fully recovered from his injuries and returned to the streets as an officer.
Two other officers, Canek Gordillo and Joshua Vaaga, also fired rounds at Butts.
Dr. Brian Mazrim, an associate King County medical examiner, testified that Butts suffered 11 gunshot wounds, causing devastating internal damage that would have resulted in death “within minutes.” Evidence showed Butts’ Smith & Wesson revolver was fired four times.
This post will be updated.
Mike Carter: 206-464-3706 or [email protected]; on Twitter: @stimesmcarter.
source: https://www.seattletimes.com/seattle-news/law-justice/inquest-jury-finds-seattle-police-acted-within-the-law-and-policy-in-deadly-shooting-in-2017/
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