A King County sheriff's deputy accused of beating a 15-year-old girl in a holding cell was offered a plea bargain that potentially would have spared him a longer prison term if he agreed to resign, according to documents obtained by seattlepi.com.
The proposal fell through when the U.S. Justice Department, which could seek to indict Deputy Paul Schene on federal civil rights violations, would not agree to it. If indicted on federal charges, Schene could face up to 3 ½ years in prison, compared to a maximum of one year in jail on Washington state charges.
Initially, the U.S. Attorney's Office in Seattle had reached consensus with King County prosecutors on a deal that would have allowed Schene, 31, to plead guilty in state court. He would have served a jail term of 6 to 9 months and avoided federal charges, as long as he "immediately resign from the King County Sheriff's Office," according to a draft letter between Assistant U.S. Attorney Kelly Harris and the King County prosecutors.
"Anything short of this resolution will result in our office pursuing a federal felony indictment. Feel free to use this letter in your negotiations with Deputy Schene's counsel, and assure them that we will be prepared to present this case to the Grand Jury before the end of March," the letter said.
Harris never signed the March 3 letter, which would have made it official, and it was rescinded when his superiors in the Justice Department's Civil Rights Division in Washington, D.C., decided not to endorse it. Federal authorities still are watching the case and likely won't decide whether to federally charge Schene until his King County trial is over, Harris said last week when asked about the letter.
"At this point, we're probably going to wait and see what happens with the county's case. But we haven't foreclosed prosecution. No decision one way or the other has been made," he said.
"But our interest is the same as the county's, and that is that he is punished and that he's no longer able to work as a police officer," he said.
King County prosecutors drafted a letter to Schene's attorney on March 27. With no guarantee that he could avoid federal prosecution, Schene turned down the plea offer. His trial is set for Sept. 9 in King County Superior Court, where he is charged with fourth-degree assault, a gross misdemeanor.
Schene's attorney, Peter Offenbecher, declined to comment when asked about the plea negotiations. Schene has been on paid administrative leave since December.
Schene's conduct came to light because he alleged in a report that the teenager had resisted arrest and assaulted him inside a holding cell at a SeaTac police precinct on Nov. 29, 2008. Detectives sought video evidence from the cell's security camera and instead, found footage of Schene as he punched, kicked and tossed the girl to the floor after she had kicked her shoe at him. In his report, Schene, a training officer and 8-year veteran, said the girl's shoe struck his shin, causing "injury and pain."
Schene and a second deputy, Travis Brunner, had arrested the girl, Malika Calhoun, and her 15-year-old friend, on suspicion of auto theft. Brunner assisted Schene in handcuffing Calhoun inside the holding cell, although prosecutors did not file charges against Brunner. Later, police learned the girls were driving a car that they'd taken without permission from another friend's mother. Schene wrote that he "placed" the girl in handcuffs.
The Sheriff's Office, meanwhile, is conducting an internal investigation, which is expected to be finished before Schene's trial, Sheriff's Sgt. John Urquhart said. Schene could be fired regardless of what happens with his criminal case.
"Any plea bargain or any deal made between Schene and the feds, or the Prosecutor's Office, has nothing to do us," Urquhart said.
While the case against Schene is bolstered by video evidence, prosecutors at the state and federal level have not been successful in recent King County trials involving police misconduct, particularly with officers from the Sheriff's Office. In two cases during the last year, deputies accused of assault were acquitted of criminal charges.
In December, a federal jury acquitted Deputy Brian Bonnar of civil rights violations and lying to a grand jury, despite statements from four officers who testified for the prosecution. Bonnar, who worked in the same Burien precinct as Schene, was accused of twice dropping his knee on a handcuffed woman's head after a chase. The U.S. attorney's office handled the prosecution.
Bonnar was suspended for 20 days from the Sheriff's Office.
In March, another deputy, Don Griffee, was acquitted of misdemeanor assault in King County District Court after he was accused of punching a handcuffed suspect who turned out to be innocent. Again, jurors weren't persuaded beyond a reasonable doubt, despite incriminating testimony from other officers. The state Attorney General's Office handled the case on behalf of King County.
Griffee remains on restrictive duty. Sheriff's officials have completed an internal investigation, but the case has not yet made its way through the chain of command for disciplinary action.
If he's convicted, or the sheriff fires him regardless of the criminal case, Schene's law enforcement certification would be reviewed for revocation by the state Criminal Justice Training Commission. State law says an officer's certification can be revoked for "disqualifying misconduct," such as convictions for any crimes committed under color of authority or involving dishonesty, drug possession, or any crime that would invalidate an officer's ability to carry a gun, such as domestic violence.
Felony convictions generally mean an automatic revocation. A misdemeanor charge, however, depending on the allegation, allows the officer some wiggle room in challenging any disciplinary action against him.
Prosecutors want to avoid any risk that Schene could keep his badge, especially given the outcome in recent police misconduct trials.
"This went beyond excessive use of force and into a criminal charge. As a result, we're seeking a criminal conviction at trial and all the likely consequences that would result from that, which would include the potential loss of his commission as a police officer," said Ian Goodhew, deputy chief of staff to county Prosecutor Dan Satterberg.
Prosecutors, however, didn't think they could prove felony charges in Schene's case because the girl suffered no injuries, Goodhew said. She reported breathing troubles afterward, but showed no visible injuries during an examination by paramedics.
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Video: http://www.seattlepi.com/local/407640_deputy29.html
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Monday, June 29, 2009
Saturday, February 28, 2009
Video Shows Deputy Beating 15-year-old Girl
A video showing a King County Sheriff's deputy pummeling a 15-year-old girl in a holding cell was released Friday over the strenuous objections of the officer's attorney.
The case goes beyond police misconduct, County Prosecutor Dan Satterberg said in a prepared statement.
"It's about criminal misconduct. And that's why he needs to be prosecuted," he said.
The video of the Nov. 29 incident was disclosed Friday, one day after Deputy Paul Schene, 31, pleaded not guilty to misdemeanor assault in King County District Court.
Schene, an eight-year veteran, works out of Precinct 4, which covers SeaTac, Burien and high crime areas in White Center and Skyway.
He is the third sheriff's deputy since 2006 to face charges on allegations of excessive force. All three are from the Burien precinct.
A detective assigned to the girl's case discovered the video Dec. 1 and immediately forwarded it to supervisors.
The Seattle P-I requested a copy of the holding cell video and all reports from the incident under the state's open records law. A judge on Thursday denied a request from Schene's attorney to bar the video from public disclosure.
"We take this very seriously and we're very concerned about this," sheriff's Sgt. Jim Laing said Friday. An internal investigation would begin after the criminal case is finished.
The girl was arrested after she was caught in her parents' car, which had been reported stolen from her parents' Tukwila home. Deputy Travis Brunner spotted the car driving without headlights about 3:45 a.m. on 32nd Avenue South in SeaTac and pulled it over.
She and another 15-yearold girl were arrested and taken to SeaTac City Hall to be fingerprinted before being transported to the youth detention center.
The P-I is not naming the girl because she is a minor.
The deputies apparently didn't know until later that the girl, who was in the passenger seat, was related to the car's owner.
"We had argued strenuously that the videotape released to the media this morning not be released because it does not tell the whole story of the incident," attorney Anne Bremner said in a statement.
"As we argued to the judge, it will inflame public opinion and will severely impact the deputy's right to a fair trial."
The video shows Schene and Brunner as they escorted the girl into the holding cell. Schene had asked her to remove her basketball shoes, and, as she slipped out of her left shoe, she appeared to kick it at Schene.
Schene then lunged through the door and kicked her, striking either her stomach or upper thigh area, court documents say. He pushed her against a corner wall before flinging her to the floor by her hair. He then squatted down on her and made "two overhead strikes," although it's unclear where the blows landed.
The detective who reviewed the video said it appeared Schene and Brunner had the girl under control when Schene struck her. Schene, who is 6 feet 2 and weighs 195 pounds, did not explain his action to investigators, court documents say.
He and the girl exchanged words. Brunner said she was "real lippy" after being informed she was under arrest and called them "fat pigs."
The Sheriff's Office policy manual says deputies should use physical or deadly force only when "necessary to effect an arrest, to defend themselves or others from violence, or to otherwise accomplish police duties according to law."
Schene could face up to a year in jail if convicted. He has been on administrative leave since early December.
The girl said that she couldn't breathe after the incident, prompting the deputies to call paramedics.
Paramedics decided that she didn't require hospitalization. Felony charges require proof of serious injury.
"If the matter were to go to trial, he could face additional charges," said Ian Goodhew, deputy chief of staff in the Prosecutor's Office.
In his own report from the incident, Schene wrote that the shoe hit him in the right shin, "causing injury and pain." He wrote that he "placed" her into handcuffs and that she needed medical attention for a "panic attack."
He said a "blood filled pocket" formed on his shin, requiring treatment at Auburn General Hospital, according to his report. The video, however, appears to show his shin strike a metal toilet as he pushes the girl against the wall.
The girl told investigators that she didn't intend for the shoe to hit him, court documents say.
Schene had previously been in the news in 2006 after he fatally shot Pedro Jo, a mentally ill man, during a struggle after a traffic stop on Interstate 5. It was the second officer-involved shooting of his career.
An inquest jury ruled the shooting was justified. Jo viciously attacked Schene, trying to strangle him with his own radio cord.
Jo then ran back to his car and disobeyed Schene's orders to stop. Schene said he saw Jo reach for something in the seat, so Schene fired 11 times after Jo ran back to his car.
Shortly after the shooting while on administrative leave, Schene was stopped for driving under the influence.
He had been drinking and taking prescription medication, according to court records. He received a deferred sentence and was placed on probation, records show.
Schene works in an urban precinct with higher rates of violent crime and gang activity than other precincts. Officers assigned there more often report having to use physical force in arrest situations, Laing said.
Schene is the second officer from the precinct in three months to face charges. In addition, a third deputy, Brian Bonnar, was acquitted in January of civil rights violations during a trial in U.S. District Court. Bonnar, who patrolled in the precinct, was accused by other deputies of using excessive force on a woman who'd been restrained after a high-speed pursuit.
Legal costs for Bonnar's private attorneys, David Allen and Todd Maybrown, as well as lawyer costs for other deputies involved, cost the county's insurer $315,000, according to records the P-I obtained.
In December, Deputy Don Griffee was charged with misdemeanor assault for allegedly punching a handcuffed male suspect. The state Attorney General's Office is prosecuting the case.
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Video: http://www.youtube.com/watch?v=ipb_PeXOdT4
The case goes beyond police misconduct, County Prosecutor Dan Satterberg said in a prepared statement.
"It's about criminal misconduct. And that's why he needs to be prosecuted," he said.
The video of the Nov. 29 incident was disclosed Friday, one day after Deputy Paul Schene, 31, pleaded not guilty to misdemeanor assault in King County District Court.
Schene, an eight-year veteran, works out of Precinct 4, which covers SeaTac, Burien and high crime areas in White Center and Skyway.
He is the third sheriff's deputy since 2006 to face charges on allegations of excessive force. All three are from the Burien precinct.
A detective assigned to the girl's case discovered the video Dec. 1 and immediately forwarded it to supervisors.
The Seattle P-I requested a copy of the holding cell video and all reports from the incident under the state's open records law. A judge on Thursday denied a request from Schene's attorney to bar the video from public disclosure.
"We take this very seriously and we're very concerned about this," sheriff's Sgt. Jim Laing said Friday. An internal investigation would begin after the criminal case is finished.
The girl was arrested after she was caught in her parents' car, which had been reported stolen from her parents' Tukwila home. Deputy Travis Brunner spotted the car driving without headlights about 3:45 a.m. on 32nd Avenue South in SeaTac and pulled it over.
She and another 15-yearold girl were arrested and taken to SeaTac City Hall to be fingerprinted before being transported to the youth detention center.
The P-I is not naming the girl because she is a minor.
The deputies apparently didn't know until later that the girl, who was in the passenger seat, was related to the car's owner.
"We had argued strenuously that the videotape released to the media this morning not be released because it does not tell the whole story of the incident," attorney Anne Bremner said in a statement.
"As we argued to the judge, it will inflame public opinion and will severely impact the deputy's right to a fair trial."
The video shows Schene and Brunner as they escorted the girl into the holding cell. Schene had asked her to remove her basketball shoes, and, as she slipped out of her left shoe, she appeared to kick it at Schene.
Schene then lunged through the door and kicked her, striking either her stomach or upper thigh area, court documents say. He pushed her against a corner wall before flinging her to the floor by her hair. He then squatted down on her and made "two overhead strikes," although it's unclear where the blows landed.
The detective who reviewed the video said it appeared Schene and Brunner had the girl under control when Schene struck her. Schene, who is 6 feet 2 and weighs 195 pounds, did not explain his action to investigators, court documents say.
He and the girl exchanged words. Brunner said she was "real lippy" after being informed she was under arrest and called them "fat pigs."
The Sheriff's Office policy manual says deputies should use physical or deadly force only when "necessary to effect an arrest, to defend themselves or others from violence, or to otherwise accomplish police duties according to law."
Schene could face up to a year in jail if convicted. He has been on administrative leave since early December.
The girl said that she couldn't breathe after the incident, prompting the deputies to call paramedics.
Paramedics decided that she didn't require hospitalization. Felony charges require proof of serious injury.
"If the matter were to go to trial, he could face additional charges," said Ian Goodhew, deputy chief of staff in the Prosecutor's Office.
In his own report from the incident, Schene wrote that the shoe hit him in the right shin, "causing injury and pain." He wrote that he "placed" her into handcuffs and that she needed medical attention for a "panic attack."
He said a "blood filled pocket" formed on his shin, requiring treatment at Auburn General Hospital, according to his report. The video, however, appears to show his shin strike a metal toilet as he pushes the girl against the wall.
The girl told investigators that she didn't intend for the shoe to hit him, court documents say.
Schene had previously been in the news in 2006 after he fatally shot Pedro Jo, a mentally ill man, during a struggle after a traffic stop on Interstate 5. It was the second officer-involved shooting of his career.
An inquest jury ruled the shooting was justified. Jo viciously attacked Schene, trying to strangle him with his own radio cord.
Jo then ran back to his car and disobeyed Schene's orders to stop. Schene said he saw Jo reach for something in the seat, so Schene fired 11 times after Jo ran back to his car.
Shortly after the shooting while on administrative leave, Schene was stopped for driving under the influence.
He had been drinking and taking prescription medication, according to court records. He received a deferred sentence and was placed on probation, records show.
Schene works in an urban precinct with higher rates of violent crime and gang activity than other precincts. Officers assigned there more often report having to use physical force in arrest situations, Laing said.
Schene is the second officer from the precinct in three months to face charges. In addition, a third deputy, Brian Bonnar, was acquitted in January of civil rights violations during a trial in U.S. District Court. Bonnar, who patrolled in the precinct, was accused by other deputies of using excessive force on a woman who'd been restrained after a high-speed pursuit.
Legal costs for Bonnar's private attorneys, David Allen and Todd Maybrown, as well as lawyer costs for other deputies involved, cost the county's insurer $315,000, according to records the P-I obtained.
In December, Deputy Don Griffee was charged with misdemeanor assault for allegedly punching a handcuffed male suspect. The state Attorney General's Office is prosecuting the case.
________________
Video: http://www.youtube.com/watch?v=ipb_PeXOdT4
Thursday, August 20, 2009
Sheriff Sue Rahr Will Decide if 2 Deputies will be Fired
King County Sheriff Sue Rahr could decide next month whether to fire two deputies accused of using excessive force , including one officer caught on video as he roughed up a 15-year-old girl.
In both cases, the officers' top-level commanders have recommended terminating them.
The most serious misconduct charges were against Deputy Paul Schene, 31, who is charged with misdemeanor assault for beating a mouthy teenager inside a holding cell. Schene is set for trial on Sept. 9 in King County Superior Court, where he could face up to a year in jail.
Another deputy, Don Griffee, was accused of slugging a handcuffed suspect in the back of his patrol car on Aug. 3, 2008. The suspect turned out to have been falsely accused of threatning a woman with a gun. Griffee, 61, was charged with misdemeanor assault in King County District Court, where a jury acquitted him. Both officers worked out of the Burien precinct.
In addition to criminal charges, both deputies were investigated for whether their conduct violated Sheriff's Office policy. The standard for proving misconduct in an internal disciplinary action is lower than the burden of proof required for a conviction in criminal court.
Schene is facing termination for a litany of policy violations, including making false or fraudulent statements, committing conduct that is criminal in nature, use of excessive or unnecessary force, inappropriate use of authority, acts in violation of Sheriff's Office rules or directives, and conduct involving discrimination, incivility and/or bigotry, according to sheriff's Sgt. John Urquhart.
Schene's law enforcement certification also would be in jeopardy if the sheriff agrees that he made dishonest statements.
Schene's conduct came to light because he alleged in a report that the teenager had resisted arrest and assaulted him inside a holding cell at a SeaTac police precinct on Nov. 29, 2008. Detectives sought video evidence from the cell's security camera and instead, found footage of Schene as he punched, kicked and tossed the girl to the floor after she had kicked her shoe at him. In his report, Schene, a training officer and 8-year veteran, said the girl's shoe struck his shin, causing "injury and pain."
Schene and a second deputy, Travis Brunner, had arrested the girl, Malika Calhoun, and her 15-year-old friend, on suspicion of auto theft. Brunner assisted Schene in handcuffing Calhoun inside the holding cell, although prosecutors did not file charges against Brunner. Later, police learned the girls were driving a car that they'd taken without permission from another friend's mother. Schene wrote that he "placed" the girl in handcuffs.
"The discipline recommended to Sheriff Rahr by Schene's precinct commander was termination from the Sheriff's Office. The Chief of Field Operations concurred with the recommendation," Urquhart said in an e-mail.
Under his union protections, Schene is entitled to present mitigating evidence in what's called a "Loudermill hearing" with the sheriff. Typically, the officer is represented by a guild representative or attorney, and can present evidence to counter the findings or argue for less severe discipline.
Seattlepi.com reported earlier this summer that prosecutors offered Schene a plea bargain that might have spared him a longer term in prison if he agreed to resign and give up his police certification. Schene, who has been on paid administrative leave since December, turned down the offer.
Griffee, 61, was found not guilty of fourth-degree assault. He'd been accused of striking Johnny R. Bradford, a 21-year-old Burien man who'd been falsely accused of threatening a woman with a gun.
During his trial, Griffee said that he never punched Bradford. He said he'd forcefully grabbed Bradford's chin to focus his attention while the man was in the back of his patrol car on Aug. 3, 2008. Jurors thought Bradford was truthful, but also felt Griffee's story was plausible enough to raise doubts about the state's case.
Internal investigators, however found Bradford more credible than the deputy. Griffee was found to have used excessive force and engaged in "conduct that is criminal in nature," according to the Sheriff's Office.
The officer's precinct commander, Maj. Jim Graddon, recommended that he be fired. Chief Deputy Tony Burtt, who oversees patrol operations, concurred with that decision, Urquhart said. The same two men also were Schene's superiors.
The sheriff is expected to hear from both officers in September, Urquhart said.
"Sheriff Rahr will review the file, listen to (Deputy) Griffee, and can change any of the sustained findings and/or the discipline," Urquhart said. "Therefore, the final outcome of the investigation and the final discipline will not be set until after the Loudermill hearing."
In both cases, the officers' top-level commanders have recommended terminating them.
The most serious misconduct charges were against Deputy Paul Schene, 31, who is charged with misdemeanor assault for beating a mouthy teenager inside a holding cell. Schene is set for trial on Sept. 9 in King County Superior Court, where he could face up to a year in jail.
Another deputy, Don Griffee, was accused of slugging a handcuffed suspect in the back of his patrol car on Aug. 3, 2008. The suspect turned out to have been falsely accused of threatning a woman with a gun. Griffee, 61, was charged with misdemeanor assault in King County District Court, where a jury acquitted him. Both officers worked out of the Burien precinct.
In addition to criminal charges, both deputies were investigated for whether their conduct violated Sheriff's Office policy. The standard for proving misconduct in an internal disciplinary action is lower than the burden of proof required for a conviction in criminal court.
Schene is facing termination for a litany of policy violations, including making false or fraudulent statements, committing conduct that is criminal in nature, use of excessive or unnecessary force, inappropriate use of authority, acts in violation of Sheriff's Office rules or directives, and conduct involving discrimination, incivility and/or bigotry, according to sheriff's Sgt. John Urquhart.
Schene's law enforcement certification also would be in jeopardy if the sheriff agrees that he made dishonest statements.
Schene's conduct came to light because he alleged in a report that the teenager had resisted arrest and assaulted him inside a holding cell at a SeaTac police precinct on Nov. 29, 2008. Detectives sought video evidence from the cell's security camera and instead, found footage of Schene as he punched, kicked and tossed the girl to the floor after she had kicked her shoe at him. In his report, Schene, a training officer and 8-year veteran, said the girl's shoe struck his shin, causing "injury and pain."
Schene and a second deputy, Travis Brunner, had arrested the girl, Malika Calhoun, and her 15-year-old friend, on suspicion of auto theft. Brunner assisted Schene in handcuffing Calhoun inside the holding cell, although prosecutors did not file charges against Brunner. Later, police learned the girls were driving a car that they'd taken without permission from another friend's mother. Schene wrote that he "placed" the girl in handcuffs.
"The discipline recommended to Sheriff Rahr by Schene's precinct commander was termination from the Sheriff's Office. The Chief of Field Operations concurred with the recommendation," Urquhart said in an e-mail.
Under his union protections, Schene is entitled to present mitigating evidence in what's called a "Loudermill hearing" with the sheriff. Typically, the officer is represented by a guild representative or attorney, and can present evidence to counter the findings or argue for less severe discipline.
Seattlepi.com reported earlier this summer that prosecutors offered Schene a plea bargain that might have spared him a longer term in prison if he agreed to resign and give up his police certification. Schene, who has been on paid administrative leave since December, turned down the offer.
Griffee, 61, was found not guilty of fourth-degree assault. He'd been accused of striking Johnny R. Bradford, a 21-year-old Burien man who'd been falsely accused of threatening a woman with a gun.
During his trial, Griffee said that he never punched Bradford. He said he'd forcefully grabbed Bradford's chin to focus his attention while the man was in the back of his patrol car on Aug. 3, 2008. Jurors thought Bradford was truthful, but also felt Griffee's story was plausible enough to raise doubts about the state's case.
Internal investigators, however found Bradford more credible than the deputy. Griffee was found to have used excessive force and engaged in "conduct that is criminal in nature," according to the Sheriff's Office.
The officer's precinct commander, Maj. Jim Graddon, recommended that he be fired. Chief Deputy Tony Burtt, who oversees patrol operations, concurred with that decision, Urquhart said. The same two men also were Schene's superiors.
The sheriff is expected to hear from both officers in September, Urquhart said.
"Sheriff Rahr will review the file, listen to (Deputy) Griffee, and can change any of the sustained findings and/or the discipline," Urquhart said. "Therefore, the final outcome of the investigation and the final discipline will not be set until after the Loudermill hearing."
Tuesday, January 12, 2010
Trial Begins for Deputy Schene Accused of Beating 15-year-old
The assault trial began Tuesday in King County Superior Court for a man accused of beating a 15-year-old girl in a holding cell at the SeaTac City Hall.
She was a car theft suspect who was taken down violently in November 2008 after she kicked a shoe at Deputy Paul Schene. The incident was caught on video. Schene was fired last September.
Prosecutors played the tape in court and said Schene had failed to report slamming the girl into a wall, throwing her to the floor and striking her.
A defense lawyer says the girl provoked the attack with her behavior and yelling profanity.
Investigators believe that anger about the beating might have motivated Christopher Monfort who is accused of killing a Seattle police officer.
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She was a car theft suspect who was taken down violently in November 2008 after she kicked a shoe at Deputy Paul Schene. The incident was caught on video. Schene was fired last September.
Prosecutors played the tape in court and said Schene had failed to report slamming the girl into a wall, throwing her to the floor and striking her.
A defense lawyer says the girl provoked the attack with her behavior and yelling profanity.
Investigators believe that anger about the beating might have motivated Christopher Monfort who is accused of killing a Seattle police officer.
---
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Other Information & Video
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