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Friday, July 31, 2009

Prosecutors Decline to File Charges Against Deputy Who Put Man In Coma

Posted by on Fri, Jul 31, 2009 at 12:38 PM

The King County Prosecutor's office will not file charges against a King County Sheriff's Deputy who put a man into a coma following a foot chase in Belltown last May.

On May 10th, around 1 a.m., witnesses mistakenly identified 29-year-old Christopher Harris as an assault suspect after a fight at a bar in Belltown spilled out into the street. Witnesses pointed to Harris, and deputies on scene ordered him to stop. Instead, Harris took off running.

Deputies chased Harris down and Deputy Matthew Paul, seen in the above video, hit Harris, sending him backwards into the wall of the Cinerama movie theater. Harris has been in a coma ever since. Deputy Paul returned to regular duty in Downtown Seattle last month.

The Sheriff's office investigated the case and found no apparent criminal misconduct by deputies, but referred the case over to prosecutors for a final decision. King County Prosecutor's Office spokesman Dan Donohoe says prosecutors came to the same conclusion. "It’s a tragic incident but there’s no legal basis for a criminal charge," Donohoe says.

According to Donohoe, "the law provides that an officer shall not be held criminally liable for using force without malice and with a good faith belief that such act is justifiable." In this case, Donohoe says, deputies believed Harris had committed an assault when they pursued and slammed him into a wall.

Prosecutors informed Harris's family of the decision on Wednesday.

A spokesman for the family was not able to provide comment on the decision or whether the family intends to file a civil suit against the county.

 

Comments (44) RSS

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Urgutha Forka 1
The cop didn't "tackle" him, he shoved him into a concrete wall. Not the same thing at all.

I wonder why harris ran from the cop though?
Posted by Urgutha Forka on July 31, 2009 at 12:44 PM
Cato the Younger Younger 2
@1, maybe he had problems with the law before and was scared.

Still, there is no excuse for this so I hope the family goes for an 8 figure number against the county.

Does the deputy still have his job?
Posted by Cato the Younger Younger on July 31, 2009 at 12:46 PM
3
@1—correct. Fixed.

@2—Deputy Paul is back on the job. Added to the post.
Posted by Jonah Spangenthal-Lee on July 31, 2009 at 12:49 PM
Hernandez 4
@1 Hopefully we'll someday be able to find out, from him, if/when he wakes up.

And for fuck's sake, officer, if you shove someone into a wall headfirst and they go limp, DON'T move him, he may have a serious head/neck injury that could be exacerbated if you start tossing him around. What a fucking ignorant jackass.
Posted by Hernandez http://hernandezlist.blogspot.com on July 31, 2009 at 12:51 PM
5
Holy christ, how is this not excessive use of force? The kid wasn't "running" all that fast and could have easily been caught.

That shove....who wants to bet the cop was a linebacker in high school?
Posted by xian on July 31, 2009 at 12:58 PM
6
I hope they get a good plaintiff's attorney. Shop around. Talk to a couple, at least. Hold this bastard and the County accountable.
Posted by aff on July 31, 2009 at 1:01 PM
7
Running from the police is always the best plan.
Posted by Martin32 on July 31, 2009 at 1:14 PM
8
@7 - it's disputed whether these cops even identified themselves to Mr. Harris. They were in street clothes. If two intimidating dudes who did not identify themselves as police started running after you late at night in Belltown, you can bet your ass you'd have been running too.
Posted by JenV on July 31, 2009 at 1:25 PM
You_Gotta_Be_Kidding_Me 9
This is exactly why I think cops should be trained to shoot fleeing suspects (and the community should be educated to understand that that is what they are trained to do).
Posted by You_Gotta_Be_Kidding_Me on July 31, 2009 at 1:32 PM
10
I didn't realize the police were in plainclothes. No shit I'd run too. That was vicious. Cops are out of control. The whole ethos of policedom is fucked.
Posted by rutabaga pie on July 31, 2009 at 1:40 PM
11
Who wants to riot?
Posted by Another Andrew on July 31, 2009 at 1:44 PM
12
I do.
@9, this is why I think people should be allowed to shoot cops. If someone had shot this criminal attempting to stop the assault, they would be going to prison. As far as I'm concerned the police are no more than a street gang, and the same sweeping laws that apply to gangs should be applied to them. Open Fucking Season.
Posted by Stoppin ze Throwinze on July 31, 2009 at 1:48 PM
in-frequent 13
this action does not provide an excuse to run from cops. as a general rule, you should not run from the police when they identify themselves, ask you to stop, and engage in chasing you. this is tragic because the cop thought he was chasing someone who just committed an assault. in such a case, perhaps the push would be justified.

that said,

an officer must be able to use appropriate force regardless. it seems that this guy had stopped running, and there is testimony to suggest he did not know they were police when he first started running.

i want my police to recognize when a guy is stopping, and not clobber him in such an unsafe manner. i want that police officer to receive training on how to subdue a man who has stopped running. i don't want him fired, or prosecuted, but i want him off the streets for a time, and i don't want this to happen again.
Posted by in-frequent on July 31, 2009 at 1:55 PM
14
Five minutes alone with that pig. That's all I need.

Peace officer? MY ASS!!!
Posted by Frank Sinclair on July 31, 2009 at 1:56 PM
15
By the way, pigs like that are why I carry a gun!
Posted by Frank Sinclair on July 31, 2009 at 1:56 PM
16
Where is Al? Where is Jesse? Where are all the civil rights leaders? Oh, I guess they are too busy being outraged because a black academic was arrested for refusing to cooperate with police.
Except for Jerimiah Wright, who is too busy screaming about dem Jews.
Yup, our voices of conscience are all tied up at the moment.
Posted by jane doe on July 31, 2009 at 2:04 PM
17
The two deputies were in full uniform and identified themselves as police officers several times--confirmed by several witnesses.
Posted by Facts Only on July 31, 2009 at 2:06 PM
douglas 18
the kid clearly made a bad decision to run, although from what you can see in the video he isn't doing all that much running. seems like he could have been subdued much easier. and the post shove behavior was totally unprofessional.
Posted by douglas on July 31, 2009 at 2:15 PM
19
Looking at that video, it looks like the guy was in the process of stopping. At which point the officer smashed him with obvious fury.

I guess it's always a good idea to do what dangerously violent armed thugs ask you to, no questions asked. Especially when they have a uniform. Better yet, never ever get involved with the cops if you can help it. Even my aunt, grandpa, and uncle, all LAPD cops, exhibited cruel behavior at some point in their careers, though of course not nearly as brutal as this.
Posted by emor on July 31, 2009 at 2:19 PM
lunasea 20
In my next career, I'm going to be a Seattle police officer, so I never have to be held accountable for anything I ever do again, ever.
Posted by lunasea on July 31, 2009 at 2:19 PM
hans millionaire 21
use a taser maybe?
Posted by hans millionaire on July 31, 2009 at 2:20 PM
22
This is one of those instances where a criminal charge would be difficult to prove beyond a reasonable doubt. The County's in a world of hurt, though, civilly. I hope the young man recovers and has some semblance of normalcy some day. As for the cop, he should be out of a job -- I'm sorry Sheriff what's her face is running unopposed, cause I'd like to vote against her for allowing this kind of BS to go on.
Posted by sethj on July 31, 2009 at 2:22 PM
hans millionaire 23
how bias is a sheriff's office investigation of their own officer?... or the same county's prosecutor investigating "one of their own"???

why not have a 3rd party review the case, then maybe we will see the truth...
Posted by hans millionaire on July 31, 2009 at 2:24 PM
24
Violence by the state against people: justifiable acts of law enforcement.
Violence against the state by people: terrorism at worst or felony assault charges at best.

Seriously, this is ridiculous. If the state demands that people act in civil and non-violent ways, should they not hold themselves to that same standard, or perhaps hold themselves to higher standards?
Posted by Benj on July 31, 2009 at 2:41 PM
Rotten666 25
Awful. I call excessive force.

Lesson kids? Don't run from the cops.

@11 Great idea! Tomorrow your homeless, tonight it's a blast!
Posted by Rotten666 on July 31, 2009 at 2:42 PM
26
File.
Posted by RonK, Seattle on July 31, 2009 at 2:54 PM
Semi-hirsute anthropoid 27
Question: If an average person with no law enforcement association smashed this young man's head against a wall while attempting a "citizen's arrest" would the prosecutor still decline to file charges?
Posted by Semi-hirsute anthropoid on July 31, 2009 at 2:56 PM
Greg 28
The family should file suit to get the officer's badge, penis, and entrails delivered to them on a platter.
Posted by Greg on July 31, 2009 at 3:26 PM
29
I'd argue that the lesson isn't don't run from the cops, the lesson is don't stop running from the cops.
Posted by Ben on July 31, 2009 at 3:55 PM
Sargon Bighorn 30
Stupid punk ass witnesses that don't know shit from shine'ola and SCREAM he did it, he did it and some poor guy has his brains rattled inside his head to the point where it stops working right. Why don't "witnesses" get their facts straight before they start screaming WITCH and maybe these tragedies won't happen.
Posted by Sargon Bighorn on July 31, 2009 at 4:03 PM
You_Gotta_Be_Kidding_Me 31
@12 & @15

Good to see some other gun rights supporters on Slog!
Posted by You_Gotta_Be_Kidding_Me on July 31, 2009 at 4:11 PM
mwiegand 32
You can see the dude was startled. If I was randomly yelled at by people at 1am on the street and a cop ran after me, I'd be a little freaked out too.

This amount of force isn't even appropriate for a bar fight suspect. Tackle the guy, but don't fucking level him head-first into a concrete wall.

As a citizen of Belltown, I don't want a deputy that brutal on my streets. If he can't take an even-keeled approach to apprehending suspects, he shouldn't have a job in this county or any other.
Posted by mwiegand http://cocoa-heaven.com/coconut-mms-giveaway/ on July 31, 2009 at 4:13 PM
33
Does anyone know how he's doing now?
Posted by dianaa on July 31, 2009 at 5:55 PM
TVDinner 34
Using force without malice? Good faith belief that such act is justifiable?

Tell me what isn't malicious about that attack, and tell me how anyone could have a "good faith belief" that slamming a citizen's head against the wall is justifiable.
Posted by TVDinner http:// on July 31, 2009 at 6:13 PM
I'm 85 Years Old 35
bullshit. Careless and thoughtless and will affect that poor guy for the rest of his life. I'm talking about the cop
Posted by I'm 85 Years Old on July 31, 2009 at 6:45 PM
36
The cops are out of control all over the country. Oakland, Portland, New York, and everywhere in between. When are we as citizens going to stand up and hold these "officers of the peace" accountable? We need to organize a march!
Posted by Marco42 on July 31, 2009 at 7:24 PM
jmahlon 37
Disgusting. What can we do about this? There was definite malice in that police officer's actions.
Posted by jmahlon on July 31, 2009 at 9:03 PM
38
that was totally excessive. cops like that and Crowley should be be culled from service.

that's why police have been called "pigs"
Posted by appalled on July 31, 2009 at 10:39 PM
GlibReaper 39
Are there any clear examples of malicious use of force? What is the standard they are judging against?

Romelle Bradford's unlawful arrest was ruled excessive force as was the lawful arrest of Brittany Beaulieu. The former had minor injuries while the latter required surgery for a broken cheekbone; neither was rendered comatose.
Posted by GlibReaper on July 31, 2009 at 11:01 PM
COMTE 40
So, basically, this poor sod was "guilty until proven innocent"?

I mean, eyewitnesses NEVER make mistakes, right? And cops NEVER use excessive force, right? And innocent people NEVER run when being chased, right?

Jeebuz, why didn't the cop slam his head onto the sidewalk a few times, just to make sure he wasn't going to run away?

I hope the family sues Officer Paul in civil court for everything he's worth - the least he can do is pay for Mr. Harris' lifetime worth of medical expenses rather than making the public or his family pay for his moment of machismo.
Posted by COMTE http://www.chriscomte.com on July 31, 2009 at 11:50 PM
41
I think we should all be proud of the Seattle Police. Each and every time questions are raised about the excessive use of force, and investigation is conducted and the officer is always found to have acted appropriately.

The Seattle Police give the Seattle Police a thumbs up, 100% of the time.
Posted by Rain Monkey http://classifieds.thestranger.com/seattle/ViewAd?oid=oid%3A68649 on July 31, 2009 at 11:56 PM
42
Sadly, due to the internet, we all express how this pisses us off by posting a comment on a website. We should be marching in the streets like they did in the '60s and early '70s. We also should be finding a way to change the law that protects cops from prosecution for their actions. One look at the video says it all. Cop uses excessive force and gets away with it. If a non-cop did that, it would be attempted murder or attempted manslaughter.

Remember when cops were something young boys aspired to be? Remember when cops were there to service and protect? They are paid by us, given their authority by us. We are THEIR boss. It's time for us to change laws, to force independent reviews of cases like this, to take investigations away from the sheriffs and prosecutors who protect their own before protecting the people who pay and empower them.

Rise up and change your society. Yes we can. Do more than just post to this blog.
Posted by oasisrocks on August 1, 2009 at 4:23 AM
TVDinner 43
@41: It wasn't Seattle Police. It was King County Sheriff's Deputies. You know, the same people who brought us this.
Posted by TVDinner http:// on August 1, 2009 at 6:11 AM
-B- 44
Why is is that cops seem to be doing mindless rage induced things to people, shoving this guy does not seem like normal procedure for arresting someone. It is assault first then some form of arresting technique that looks like he is just going through some form of training he received. One is a stupid the other is automatic procedure but both are mindless, the cop was not thinking at all about consequences and I see this in video all the time. Cops just doing as they please mostly based upon fear induced rage.
The Police always seem to be undertrained. They lack some form of control or ability to assess situations and just resolve them with rage. I know some cops don't but it is the brutal bullies that are allowed to become cops that screw it up for other cops that do some good. These same bad cops seem to end up in management positions later and become good at covering up or just dismissing brutal behavior backed by good PR spin.
If there was some form of phycology training then some of these cops would not pass muster when being trained and would end up as simple security guards without guns, tasers or permission to touch anyone. But the training cops receive is minimal. Phycologists that are trained to understand people have to study for years, cops just months. Then these undertrained cops are given guns and tasers get aggressive and abuse some power. The second this guy hit the wall I immediately new something was wrong but not this cop he proceeds to act like the guy is going to put up a fight and drags him around probably causing more damage than he has caused already. It is mindless brutal ignorance.
Posted by -B- http://brianboulton.com/ on August 1, 2009 at 10:00 AM

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