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."
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