They get off on it



SPD officer avoids firing over serious misconduct
The 2012 incident also led to a rare examination of top department commanders, including an assistant chief who was ordered to undergo training for failing to assure that use of force was documented.


Video from a holding-cell camera shows Officer Clayton Powell with a man in custody. Powell has been suspended rather than fired over misconduct.
In a case that drew widespread attention, a Seattle police officer who pulled the hair of a man and later physically threatened him in a holding cell has avoided being fired after agreeing to a lengthy suspension, reassignment and additional training.
In all, the department found that Officer Clayton Powell, 52, engaged in multiple acts of misconduct arising from an Aug. 2, 2012, incident in South Seattle.
The discipline is similar to that meted out in 2011 to then-gang Detective Shandy Cobane, who had threatened during a robbery call to beat the “Mexican piss” out of a prone Latino man.
But Powell’s case included an unusual twist: At the direction of a civilian watchdog who scrutinizes internal investigations, the department expanded the review to examine why top commanders failed to make sure that a timely use-of-force report was completed.
As a result, Assistant Chief Nick Metz was ordered to undergo additional training regarding the lapse — a highly unusual action for a top-ranking commander.
All of the actions, detailed in internal-investigation documents disclosed Friday under a public-disclosure request by The Seattle Times, come at a time when the department is continuing to respond to a federal mandate to curtail excessive force found by the Department of Justice.
As part of a settlement that runs until August 2016, Powell’s union, the Seattle Police Officers’ Guild, agreed not to appeal his discipline.
In turn, Interim Police Chief Jim Pugel set aside an initial determination that Powell be fired and instead suspended Powell for 30 days without pay — the most severe discipline short of termination. However, 10 days were held in abeyance.
Powell will be subject to termination if he engages in serious misconduct of a similar nature in the future.
In addition, the 20-year veteran was reassigned to the department’s Community Outreach unit under the supervision of an assistant chief. Among other things, Powell is to undergo training in that unit, perform outreach duties, meet with community leaders and participate in the production of a department training video on “fair and respectful” policing.
On a more personal level, Powell is to continue counseling sessions.
Powell came under scrutiny after he and other officers were called to a possible assault of a 9-year-old victim with an air-soft pellet gun.
While surrounded by a hostile crowd, Powell and a young man in the crowd began arguing.
After the man made a statement about wanting to face Powell again when he wasn’t on duty, Powell threw down his badge and police baseball cap and challenged the man.
In the exchange, captured on a YouTube video, Powell pushed the man at times, including one time when the man advanced on him, according to the internal-investigation documents. One push occurred after the man purportedly spit on Powell, an allegation the man has denied.
While another officer attempted to handcuff the man, Powell grabbed the man’s hair and hat and pulled him down toward the hood of a patrol car, according to patrol-car video cited in the documents.
At a South Precinct holding cell, where the man was taken, Powell appeared to display a middle finger to the man and make a threatening gesture with his fist, surveillance video showed.
The man, Ismail Abdella, has filed a federal civil-rights lawsuit against the city.
Pugel, in an interview Friday, noted that Powell, like Cobane, had been “straightforward and honest” about serious misconduct. Cobane, who was nearly fired, was suspended for 30 days without pay, demoted and required to mend fences.
Pugel called Powell’s actions “unacceptable behavior.”
In the official findings, the department found Powell violated the law, used unnecessary force and profanity, and acted in an unprofessional and discourteous fashion.
Powell’s case was reviewed by the City Attorney’s Office for a possible criminal-assault charge. But an outside expert advised it would be difficult to prove criminal conduct, although the expert said Powell’s actions should be evaluated “regarding his fitness to continue in police service.”
The Police Department’s Office of Professional Accountability (OPA) then conducted the internal investigation that initially focused on Powell’s conduct. But the review was broadened when the OPA’s civilian auditor, Anne Levinson, requested that the assistant chief and captain in Powell’s chain of command be interviewed, according to Levinson’s Aug. 9 semiannual report.
Levinson wrote that she would have sustained allegations against both commanders of failure to properly document use of force, while acknowledging there was “some confusion” on what was required because of the potential criminal and policy violations by Powell.



Alleged police brutality caught on tape on Southern Calif., report says
 (CBS) LONG BEACH, Calif. -- An excessive force investigation was under way Wednesday after a confrontation between Long Beach police officers and a man was caught on tape, CBS Los Angeles reports.


The incident occurred Monday evening at the intersection of Locust Avenue and South Street, the Long Beach Police Department said.
The video, which has been posted on YouTube, shows several officers surrounding a suspect who was on the ground.
At least one officer was seen using his baton to strike the suspect while another used a Taser on him.
Prior to the alleged beating, security camera footage shows the suspect fighting another man and refusing to comply with officers' demands.
"During this time when he kicked one of the officers, he kicked the baton out of their hand. When they went to try and go grab a hold of him again, he again kicked one of the officers in the head," Sgt. Aaron Eaton said. "Eventually, at some point, the officers were able to grab a hold of him and try to get him to roll over. He was still refusing commands."
Police say the suspect was under the influence of alcohol and may have been on meth.
None of the officers involved in the incident have been placed on leave.
Authorities are encouraging additional witnesses to come forward to help with their investigation.

Musician's suit alleges police brutality
A three-time Na Hoku Award nominee is suing eight Honolulu police officers over a brutal beating more than a year ago.
Performing artist Johnny Helm, 40, said he was hiking with a friend on the Wilhelmina Rise trail in February 2012 when several officers with HPD's crime reduction unit mistook them for armed theft suspects, slammed them to the ground and assaulted them.
"I got this slice right here. I had to have stitches here and here," said Helm, as he pointed to a photo of injuries of his face.
"And they had to insert a rod into my head from the top and pop the bones back out."
Helm's attorney Myles Breiner said the Honolulu Police Commission ruled nearly a year ago that excessive force was used by two of the officers and that all of them were cited for conduct unbecoming of an officer. But so far, the prosecutor office has taken no action on the case.

Named in the lawsuit are officers Calvin Domingo, Keoki Duarte, Ross Furuhashi, Christopher Goshi, Tyler Maalo, Randall Rivera, Nalei Sooto and Patrick Sung. Sooto and Sung were cited for the use of excessive force by the commission, the lawsuit said.
All of the officers remain on duty, Breiner said.
"We filed the lawsuit because we could not get the prosecutor or the state of Hawaii to move forward in prosecuting the officers for violating Mr. Helm's rights," Breiner said.
"The officers are still carrying guns and badges."
Honolulu police declined comment.
According to Breiner, Helm has no criminal record and no history of violence. He said the musician suffered a concussion, a facial fracture and a split eye lid.
Helm said the emotional toll has been just as severe.
"I couldn't go out of my house for a month and a half. Pretty much, I carried a bat around me. That's not me," he said.
"Before this happened, I was a non worrying person on stage and (now) I am constantly, constantly looking for people that were involved in this while I'm playing, every gig, every gig I'm looking for them."
The lawsuit says that officers told them that witnesses positively identified Helm and his boyhood friend, Jonah Wellins, who was visiting the islands from Connecticut, as the robbery suspects.
However, witnesses had actually described the theft suspect as a lone man with a dark complexion, Breiner said. Both Helm and Wellins are Caucasian.
According to the lawsuit, one officer -- Sooto -- tried to coerce Helm and Wellins into saying that their injuries were caused by falling off of the trail.
"It's just weird. This whole thing is weird," said Helm