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Harris never signed the March 3 letter, which would have made it official, and it was rescinded when his superiors in the Justice Department's Civil Rights Division in Washington, D.C., decided not to endorse it.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
Monday, June 29, 2009
Deputy Bryan Gabel Arrested for Drunk Driving
A Cincinnati police officer is accused of driving while drunk over the weekend.
The Boone County Sheriff's Department said a deputy found a car stopped on KY 18 just before 1 a.m. Saturday.
The deputy wrote in his report that when he approached the driver, Bryan Gabel, he could smell alcohol on his breath. Gabel told the deputy he ran out of gas.
In the report, the deputy stated that he gave Gabel six field sobriety tests and Gabel failed them all.
Gabel is charged with one count of driving while intoxicated.
Gabel was demoted and suspended in 2007 after an incident in which two officers spents weeks sitting in a substation playing video games instead of walking their beats. Gabel was one of five supervisors disciplined by Police Chief Tom Streicher for knowing about the situation and not putting a stop to it.
The Boone County Sheriff's Department said a deputy found a car stopped on KY 18 just before 1 a.m. Saturday.
The deputy wrote in his report that when he approached the driver, Bryan Gabel, he could smell alcohol on his breath. Gabel told the deputy he ran out of gas.
In the report, the deputy stated that he gave Gabel six field sobriety tests and Gabel failed them all.
Gabel is charged with one count of driving while intoxicated.
Gabel was demoted and suspended in 2007 after an incident in which two officers spents weeks sitting in a substation playing video games instead of walking their beats. Gabel was one of five supervisors disciplined by Police Chief Tom Streicher for knowing about the situation and not putting a stop to it.
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