
“Delay in the use of force, and hesitation to accept responsibility for its employment when the situation clearly demands it, will always be interpreted as weakness. Such indecision will encourage further disorder, and will eventually necessitate measures more severe than those which would have sufficed in the first instance”. –page 27, para 1-15, Small Wars Manual (1940), Chapter I Section III: “Psychology”, section dealing with psychology of dealing with riots or other sorts of general civil disorder.
“It’s easy to see how this … applies to not only Mardi Gras but to police work in general. If you don’t establish and maintain control from the start, you will be fighting an uphill battle.” –Ken Saucier
Ken Saucier often quoted that section of the manual to officers when he was working as an instructor, and later as our Guild President when taking members of the news media to school on the issue of force. The manual section was written for the military when trying to assist foreign governments in maintaining civil order overseas. But Ken recognized the universal truth of the statement, and that it applies to virtually any confrontation whether between groups, or one-on-one. The rules of confrontation and establishing control have not changed since we crawled out of the Olduvai Gorge and said, “Look out world, here we come!”
The stop…
The intersection at Rainier Av S/Mt. Baker Blvd. S has a history of traffic/pedestrian safety problems associated with the adjacent Franklin High School. Every year there are pedestrian vs. vehicle accidents, as well as vehicle vs. vehicle and single vehicle accidents resulting from drivers trying to avoid groups of teens running across the lanes, despite a perfectly good pedestrian overpass provided.
The South Precinct command, and also individual officers, myself included, have taken this issue up with Franklin High School since it is an issue of safety of the student body not even a block off of school property. Simply having a couple staff members out there after school to help direct the flow of pedestrian teens to the overpass or to existing crosswalks would probably have a significant impact. In my own experience though, the school has felt there were other afterschool priorities ahead of making sure students didn’t get hit on Rainier Avenue when school lets out, although every year they ask South Precinct to do a jay-walking emphasis on that location.
That’s why Officer Ian Walsh was there.
The point I am making: not only was this a valid detention for an observed violation, but this particular intersection has a history of problems associated with this very issue. Although jay-walking is not normally a high priority overall, in a situation like this a good conscientious community-oriented police officer familiar with his/her patrol area and it’s concerns, looking out for both drivers and youngsters, might recognize the need to stop and address it. Obviously an officer cannot cite an entire mass of people. But usually stopping (even if no citation is issued) the most blatant violator(s) can have a positive effect.
Resistance/Assault…
It doesn’t matter if you were paying close enough attention to your speedometer to agree you were speeding, or figure you must have used your turn signal this time because that’s what you always do, or whatever… If you don’t agree with an enforcement action and officer takes, or don’t agree with something else an officer does (maybe you fancy yourself an expert on search-and-seizure case-law), on the street/at the scene is not the time to try to remediate that, and you are not the person to try and remediate that.
Anything and everything an officer does in an enforcement contact is automatically reviewed in pre-trial hearings, and in trial itself. If your incident does not rise to the level where it ends up I criminal court, you can bring an incident to a courtroom if you like (there are plenty of lawyers in Seattle waiting for you to show up on there doorstep wanting to sue the city, especially SPD, and they will make their fee contingent on a settlement or damages awarded).
My point is this: there is no justifiable reason, even if you are convinced the officer you are dealing with is in the wrong (which these suspects clearly knew better than that) to resist or be obstructive. If you truly feel an improper action is being taken there are multiple venues and avenues of redress available. However none of them are at Rainier Avenue/Mt. Baker Blvd.
If you do decide to take it up in the streets, and force an incident to be resolved in another way, you have only yourself to blame in the end when you are sitting in court all scraped and bruised up.
However in this case I don’t think these two darlings thought they were in the right. They just felt the rules shouldn’t apply to them.
James Kelly said, “Let me be clear here, what the 17-year-old did was wrong and I am not making any excuses for her…” Well, that’s not a truthful statement, Mr. Kelly. If you are not making excuses for her and agree her actions were in the wrong, then you are acknowledging Walsh’s actions were justified. If you are going to claim Walsh was in the wrong, you by default have to be claiming the two suspects were in the right.
Chris Bennett does not even try to put on a façade of being objective and reasonable. He makes his purely emotional (as opposed to reasoned) reaction clear, “I don’t care what Nick Metz, Diaz, or the mayor or anybody say(s) – we saw what we saw!” Maybe he sees an opportunity for his name to get recognition on the same level with James Kelly and James Bible. I was just surprised he weighed-in, but since Referendum-71 passed maybe he’s looking for new things to complain about.
Well Mr. Bennet, regardless of what you think you saw, here’s what I saw. Officer Walsh (an officer who by the way has an excellent reputation both within the department and with the neighborhood he has served) was dealing with a whole host of danger factors:
- Multiple combative suspects
- Growing hostile crowd (reminiscent of the old Rainer/Henderson and Rainier/MLK riot crowds of a few years back) that although not captured completely in the video ended up being about 40-50 people. I don’t know if Walsh saw them, but on review of the video I noticed several South End bangers in that crowd, which is not surprising given the histories of the two arrestees.
- Lone officer, no back-up arrived yet (they were on the way, but that’s no help at the moment) and he’s surrounded
- Multiple times people are seen approaching him from behind, which is a potential dead-officer scenario according to FBI and police studies (you can get taken to the ground, you can get choked, have your gun taken, and that would be the end of the story)
- He’s being physically resisted and attacked, and every weapon he has available to him is also available to his multiple opponents at that moment, and you can see numerous people approach him from behind in the videos as he is tangled up with these girls, contemplating doing who knows what (just as a side note: if you see me tangled up with a suspect in the street, DON”T COME UP BEHIND ME, you are liable to get knocked flat on you back by me or another officer)
According to FBI LEOKA studies (Law Enforcement Officers Killed/Assaulted) there are several issues seen clearly here that are classic consistent factors found over years of research and tracking officers being assaulted and killed in the line of duty. Unbeknown to Chris Bennet and James Kelly, these two girls created an extremely dangerous and volatile situation, and we are all lucky no one was killed.
Robert Bragg instructs in use of force out at the state academy (WCJTC where all officers and deputies go before being released to their agencies for further training). Don Van Blaricom claims to be an expert in the use of force, despite having rarely ever applied it in his time at the Bellevue PD (what really happens in Bellevue anyway?), having been out of police work for over 30 years, and is normally paid $345, $2,000 minimum, an hour to testify against police. Both of these individuals have publically stated that after reviewing the video of the arrest, the problem was not that Walsh used excessive force, but that he did not use enough force, and did not use it soon enough.
The crowd…
Walsh is a good officer, and I can make a pretty educated guess as to what concerns may have led him to be so reluctant to use force when it was so clearly called for. I figure, like most officers, he was probably concerned about several things, including:
- They were black and he was white (and this is Seattle).
- Force never looks pretty. Everyone agrees police sometimes need to use force. But for some reason some of those people suddenly freak out and go into seizures when they actually see it being used. I’m sure Walsh knew that as soon as he took decisive action, he was going to end up being publically drawn-and-quartered on the evening news…and in the end he was right.
- Worried about a triggering a mob-mentality with 40 to 50 hostile potential attackers present (Jason McKissack was taken down by only three…and he’s the physically strongest human being I have ever met in-person). So these may have been contributing factors to his reluctance to ramp up his level of force where he probably should have.
- Taking a suspect to the ground is often an effective tactic for gaining control, BUT ONLY WHEN YOU HAVE BACKING OFFICERS WITH YOU. Without back-up, you end up in a close quarters fight on the ground, which the FBI LEOKA studies say dramatically decreases the officers chance of survival. Add to that equation not only were back-up officers not arrived yet, but if Walsh did end up on the ground, that’s an invitation to a mob attack. And yes, we have seen that happen here before also.
Multiple suspects/Jason McKissack…
Earlier I brought up Jason McKissack’s name. For those who had not learned it already, McKissack’s tragic experience reminded/taught officers a valuable lesson. McKissack, as I mentioned before, is the strongest human being I have met in-person. That guy’s arms were thicker than my neck and thighs combined. For those of you with some martial arts knowledge, he is the only person I have seen who can press his way out of a “figure-4” arm hold by sheer brute strength alone. Prior to seeing that, I had mistakenly come to believe the figure-4 hold, once achieved, was unbreakable after having successfully applied it to people several times my size and strength.. And on anyone else, it pretty much still is.
So McKissack responds to a report of some teens fighting in the street. McKissack has more physical power in his pinky finger than most of these knuckleheads have in their whole bodies. But when he arrived they set upon him like a pack of wolves, one of them taking him from behind. Through that they were able to get him on the ground, and then the savage beating began. For those that are unaware, McKissack was nearly killed, and suffers permanent irreparable brain damage to this day, which prevents him from continuing to live his dream of serving as a police officer (or any other occupation for that matter).
Just after delivering the famous punch to the jaw to one of the suspects, we see Walsh get tangled up at the car with her, her cousin, and another male. Three people are on Walsh at this point, all within grasping reach of his gun.
Taking into account the history and studies associated with multiple suspects attacks on single officers (that’s how the majority of officer end up dead…2009 in Washington State was an unusual year, but points out you don’t need multiple bad guys for bad things to happen) as well as the recent memory of the Jason McKissack attack, I can tell that this is the point where myself and other officers will decide coming out of this alive to our families and not being permanently maimed, means shooting someone.
THAT”S HOW SERIOUS these knuckleheads made this situation. That’s something Chris Bennet and James Kelly refuse to acknowledge in their rush to defend two criminals and attack a police department.
When you surround an officer with a crowd, or confront an officer with multiple suspects, you add a new twist to the use-of-force equation that the officer must consider. The officer has to assume that he/she may have to fight everyone they are faced with. It’s a prudent assumption to make, and it’s an entirely reasonable assumption based on historical fact.
So if I am confronted with the likelihood of fighting multiple suspects, I am going to dramatically ramp-up my level of fore applied to resistance or assault. The reason is I need to take each opponent out of action absolutely as fast as possible so I can address the next combatant and so that I am not exhausted and completely worn out when I am taking each one down.
Officers fought to exhaustion or until they lose consciousness end up dead (Deputy Saul Gallegos, Chelan County Sheriff’s Office). When you confront me with all your friends and think that is going to save you, what you in fact do if force me to hurt you a lot worse than I would have had to otherwise to overcome resistance and assaultive behavior…or if you have just cooperated and chalked this arrest up to the cost of doing business.
This is why those girls, that crowd, and Walsh are all fortunate. This was a hairs breath away from being a deadly-force confrontation.
Force: not related to the reason for the stop…
I am tied of hearing the mantra over and over again of this being “all over a jay-walking”. This WAS NOT all over a jay-walking. The initial stop, and the ticket or verbal warning that would have followed were over a jay-walking, or would have been.
The newspapers and TV love to repeat that phrase over and over again, and it just goes to show how ignorant they are in their race for ratings.
The courts, as well as the Washington State Legislature, are in agreement: any force, up to and including deadly force, may be used “When necessarily used by a peace officer to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty.”
What this means is that the offense causing the initial contact/detention is not what decided the level of force used. The level of force used is in response to the threat or actual assaultive/resistive behavior the officer is confronted with.
Don’t want to die over a traffic ticket? Don’t get in a brawl with a State Trooper and take him to the ground on Interstate-5.
The inescapable fact of this whole mess is: had the two teens been cooperative, and just taken their ticket (or more likely, a brief verbal reminder about jay-walking) NONE of this would have happened at all!
Criticisms: too little force too late…
As I have said before, Walsh is an excellent officer, and the residents of the valley are lucky to have him. The news has made much of him being “reassigned to the training unit”, etc… He is going through some refresher training from the ICC (Integrated Combat & Control) training staff.
This is not because he used excessive force. He is getting the refresher because, and I think even he would admit this in retrospect, because in an effort to try and resolve the incident peacefully he ended up waiting too long to apply force, and did not apply enough. And that does not mean he’s incompetent or not a good officer.
There is no officer (myself included) on this department who hasn’t looked back at a violent confrontation and thought: “Y’know, I got really lucky that time…I should have done “X” a lot sooner/harder, or I should have skipped the niceties and gone straight to a “X” type of force. Next time I won’t take such a big risk.”
We’ve all done it.
So despite the media’s attempt to make it look like he is being punished, or is being “retrained” because there is even a shred of credibility to the accusations against him, it just isn’t true.
Although our ICC staff is much better qualified than I to handle it, and I am sure they are doing a fine job, if I had to offer some friendly advice/constructive criticism to Walsh from my additional years of experience, it would be what has already been said: this was too little force, too late.
And I am glad we didn’t loose Walsh on Rainier Avenue that day. Just a slightly different action by only one or two people present could have instantly spiraled this into a deadly force confrontation, with either Walsh or suspects lying dead or dying in the street.
I can sit here armchair quarterbacking and say I would have done things differently, but that is only because I have faced this situation before, and somehow lived through it. I have the added benefit of having more years on this job than Walsh.
If you think Bennet and Kelly are drooling at the PR and litigation opportunities in front of them now, I can only say they would be high-fiving and celebrating Christmas early if this had been me videoed in this same situation. The public would be in an even bigger uproar than they are in now, and my career would most certainly be hanging in the balance…and I might be hanging from a flagpole in front of City Hall.
The reason for that is because faced with a similar police officer doomsday scenario like the one Walsh faced, I am too cautious now to risk letting the scenario play out: my actions to establish control over the situation would have been swift and harsh, and in the end one or more people might have needed medical attention…but that crowd would not have been so quick to walk up on me from behind after seeing it!
My actions would have left two people in no doubt about the fact they were under arrest, and what would happen to them if they got up off the ground again before back-up arrived. The crowd would also have no doubt that there was a good 15-20 foot exclusion zone around me and my suspects, and they’d have no doubt about the consequences of crossing that line.
Anyone who DID decide to walk up on me in a serious situation like that would wake up in the back of a Medic Unit.
As for our poor suspect (“scared” in the words of her public defender), that girl would have gotten a lot more than a love-tap to her chin.
It doesn’t sound nice and touchy-feely, and it sure as hell isn’t pretty, but as I’ve said before: this isn’t Mayberry, this is policing in the big city.
The suspects…
It’s worthwhile now to point out that these were not a couple of upstanding citizens or future Rhoades Scholars. Both of these darlings have criminal histories, one of which includes a previous assault on a law enforcement officer. It is absolutely no surprise to see them in this situation.
As a parent…
I can only tell you that if this were my teenager on this video, that little wake-up call to the chin would be the least of their concerns once I got a hold of them. If this HAD been my child, and they complained to me that big bad Officer Walsh punched them in the face, my reply would be, “Apparently not hard enough!” But then again, maybe that’s why this wouldn’t be my child.
I would certainly not be defending my child for this incident. I WOULD be passing my personal apologies on to the officer, as would my teen (whether they wanted to or not). And my child would want to enjoy their time in the criminal justice system, because once released back to me, that’s when the REAL PUNISHMENT would commence.
In fact, my kid would be in trouble for just having been there (unless they were calling 911 to report an officer needing help). As a parent trying to raise a child into a responsible adult, that would be my child’s only acceptable defense (for having been in that crowd).
“African American”
Interesting fact about this case: many of the usual organizations such as the Urban League and NAACP have weighed-in, mentioning how the “African-American” community is concerned, outraged, blah, blah, blah…
Apparently none of them are doing their homework, and that slip-up has allowed their own organizations’ institutional racism to slip out, because only one person in this incident is actually an “African-American”.
Only one person on that video is a native, born and raised, of a small country in Africa, and is now an American citizen (i.e. an actual African American).
Any guesses who?
Your RVP is committed to creating a safe space for community members to discuss critical issues just like this one in a safe and civil space. To that end, King County NAACP President James Bible has also been invited to write a guest column reflecting his perspective of this incident. Photo/Will Austin Photography
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Rainier Valley Post Comment of the Week Goes To…
February 12, 2011
in Opinion
Just sayin’ on “RVP Comment of the Week Goes To…”:
The dialogue that occurs here between friends, neighbors and engaged citizens is one of the features that makes your RVP such a valuable community resource. Your RVP does not necessarily endorse the opinions expressed in the Comment of the Week.
Tagged as: Comment of the Week, Mt. Baker Housing, SEED, South Seattle Cop, Southeast Effective Development, Stakeholder, Union Gospel Mission
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