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Wednesday, September 1, 2010

Prosector Refuses to Charge Cobane in "Mexican Piss" Case

Posted by on Wed, Sep 1, 2010 at 1:00 PM

The King County Prosecutor's office announced today that it won't be filing charges against Detective Shandy Cobane, who told a Latino suspect in April that he would “beat the fucking Mexican piss out of you, homey," while investigating an incident at the China Harbor Restaurant on South Lake Union. Officers later released the man after realizing he was not the offender they were after.

"We have determined that Detective Shandy Cobane did not commit the felony crime of malicious harassment, the state's 'Hate Crime' law," stated Prosecuting Attorney Dan Satterberg in a statement and legal analysis released today (.pdf). Prosecutors say Cobane didn't target and harass the suspect because of his race, as stipulated under the law.

Video footage surfaced in early May showing Cobane yelling at the suspect and apparently stomping the man's head against the concrete, and another officer stomping the man’s kneecap against the pavement.

UPDATE: Police Chief John Diaz releases a statement on the prosecuting attorney's decision via the SPD Blotter, which says among other things, "I have contacted City Attorney Peter Holmes and asked him to review the case. The Office of Professional Accountability (OPA) investigation has yet to be completed and remains a very high priority."

 

Comments (24) RSS

Oldest First Unregistered On Registered On Add a comment
1
So SPD can commit assault and battery while making apparent racial slurs, and that is A-OK ?

No wonder they are off shooting people on the streets.
Posted by JonnyH on September 1, 2010 at 1:23 PM
2
Big surprise here. Are there are stats on what percentage of claims filed against SPD members that are actually upheld?
Posted by Silvanus on September 1, 2010 at 1:29 PM
3
Why would there be stats, they can do what they want with impunity.
Posted by Mugwumpt on September 1, 2010 at 1:41 PM
boxcar 4
better not be whittling either
Posted by boxcar on September 1, 2010 at 1:51 PM
5
Prosector -> Prosecutor
Posted by Missed the Typo on First read-through on September 1, 2010 at 1:51 PM
6
“beat the fucking Mexican piss out of you, homey"

Sorry, is that what you say to a bar tender in Zihuatanejo when you want a Corona?
Posted by Two Bottles of Mexican Piss please on September 1, 2010 at 1:52 PM
dotSpec 7
Holy shit I'm shocked! :O Absolutely shocked!

A city attorney not bringing charges in what would be a pretty clear cut case of a cop stepping over the line? I never though I'd live the day to see this.
Posted by dotSpec http://www.spec907.net on September 1, 2010 at 1:54 PM
MacCrocodile 8
Why does it sound like the officer's comments are the story here? Who gives a shit what he said in the course of an investigation? The physical violence isn't even mentioned until the third paragraph of this post.

So let me see if I understand this: the officers are not being charged for making racial slurs, but whether there are any consequences for the physical assault isn't mentioned.

I'd assume I'm missing something here, or give you the benefit of the doubt, but after your inflamatory bullshit around that jaywalker getting punched (who assaulted the officer, by the way), it's hard to take your police accountability stories seriously.
Posted by MacCrocodile on September 1, 2010 at 1:57 PM
9
A city attorney not bringing charges in what would be a pretty clear cut case of a cop stepping over the line? I never though I'd live the day to see this..

It was the King County Prosecutor that didn't charge him. The City Attorney can't bring felony charges.

Posted by jps on September 1, 2010 at 2:17 PM
Tingleyfeeln 10
Does he still get to be a cop? Is there anything else they can/should have charged him with?
At the very least this asshole should not be a cop!
Posted by Tingleyfeeln on September 1, 2010 at 2:22 PM
Some Old Nobodaddy Logged In 11
I'm confused. Reading this post, it appears that, because Mr. Cobane's actions did not live up to the threshold definition of "malicious harassment," then he won't be prosecuted for *any* crime. It seems to me that Mr. Cobane could be prosecuted for a number of crimes, not just a Hate Crime. "OK, mr. arsonist, you didn't commit murder, so I'll let you go."

This sounds so stupid, there must be more to the story than this.
Posted by Some Old Nobodaddy Logged In on September 1, 2010 at 2:30 PM
Will in Seattle 12
One rule for the Rich.

Another rule for their Executioners.

And a whole set of other rules for the Serfs of the Rich.

That is the vision that is trying to control Seattle.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 1, 2010 at 2:33 PM
Cienna Madrid 13
@8, the "mexican piss" comment was highlighted because that's when the officer specifically mentioned the suspect's race, and felony harassment includes targeting a person--threatening or assaulting them--because of their race.

And I'm not sure what you're referring regarding our "inflammatory bullshit" around the jaywalking punching. Did you mean this?

Because if you're calling that inflammatory bullshit, your bullshit meter is broken.
Posted by Cienna Madrid on September 1, 2010 at 2:50 PM
14
King County prosecutes felonies and the only really relevant felony is malicious harassment. If he were to be prosecuted for assault, it would be a gross misdemeanor, which would be handled by the City Attorney's office. It sounds like SPD has asked the City Attorney's office to review the case to determine whether there are potential misdemeanor charges.
Posted by Gidge on September 1, 2010 at 2:54 PM
MacCrocodile 15
@13 - First, fair enough. I was having trouble understanding the details of this particular case. Any word on whether charges are being filed at all, or is it just that the charges will not be appropriately harsh? Either scenario is bullshit, sure, but I'm curious about the scale of the bullshit involved here.

Second, not you plural, you singular; thou. And no, not that one post, which I'll admit seems uncharacteristically level-headed and straightforward. I can't cite chapter and verse, but my impression of your coverage has been that you're quick to blame the cop almost exclusively. And no, you're not the only one, and some of the commenters are much worse about it than you are, but still. I seem to recall you still blaming the cop for escalating the situation even after the video came out of the girl shoving him in the first place.

It's also entirely possible I'm confusing you with someone else, and I've just yelled at someone who doesn't deserve it.
Posted by MacCrocodile on September 1, 2010 at 3:48 PM
16
In the wake of his triumphant stomping, Cobane became a favorite figure of Washington Tea Party groups. In today´s press conference he announced that he is considering resignation from the SPD in preparation for a bid on a city council seat. ¨Together we can stomp ´em all,¨ his campaign slogan, is already drawing criticism from local civil rights groups.
Posted by tabski on September 1, 2010 at 6:36 PM
Tingleyfeeln 17
@16, please tell us you are kidding.
Posted by Tingleyfeeln on September 1, 2010 at 7:38 PM
18
unbelievable
I can not believe that this is the outcome of this case. A bad cop gets away with stomping on an inocent man! WOW!!! The corruption in the city of Seattle is out of control. The blue wall of silence is alive and stronger than ever in Seattle! Seattle police should not have been allowed to investigate the crime that they themselves commited. The FBI should have investigated it. Chief Diaz and Mcginn both knew about this the day it happened I was sitting with Q13's assignment manager when she called Shawn at SPD Media relations and they hid it from the public taking no action against these officers at all until I gave the video to KIRO. SPD called me when I released it on youtube and said they wanted the tape. When I refused I was fired by Q13 within 5 minutes. Thats when I gave the video to KIRO. When I was on the witness stand in the so called secret evedence finding hearing, it was clear to me by the line of questioning that the prosecutor was looking to discredit the video and myself and clear these cops. She also violated the judges gag order and leaked information from the closed hearing to Ericka Hill at Q13 Fox. Does this mean that I as the videographer who shot this video now get to investigate the crimes I allegedly commited? I think thats fair. From this day forward I will use my cameras as a tool to catch Seattle Police in thier daily corrupt and criminal behavior. Wacth out SPD I am watching and my camera is rolling!!! I will be behind ya'll every time you turn around, See ya'll in the CD. Jud Morris JWM News Productions

Posted by stringer253 on September 2, 2010 at 6:00 AM
19
Q13 +SPD and now + KOMO because they hired the 2 boneheads from Q13 who decided to cover this video up = Corruption!!!
Posted by stringer253 on September 2, 2010 at 6:03 AM
20
The people need to rise up, come together on the streets of Seattle and make it clear to Chief Diaz, SPD, Mike Mcginn and Dan Satterberg that we are not going to tolerate this criminal abuse by our "trusted" Public servents anymore! The people must revolt!!!
Posted by stringer253 on September 2, 2010 at 6:04 AM
21
THE POLICE IN OUR AREA HAVE KILLED 3 PEOPLE IN AS MANY DAYS!
Posted by rozemoon on September 2, 2010 at 8:58 AM
22
@14 is correct. The city may still charge office Cobane with assault for his rough handling of the suspect.

This story only relates to the "hate crime" aspect of the case.

Was Cobane specifically targeting the suspect because Cobane believed the suspect was Mexican and because Cobane hates Mexicans?

Do any of you really believe he was? Or do you believe, like I so, Cobane used unfortunate language to scare and intimidate the suspect?

Posted by six shooter on September 2, 2010 at 9:12 AM
23
I think Cobane is a scumbag who along with woolum has been proven to be envolved in several of these inccidents before. He just keeps getting away with it.
Posted by stringer253 on September 2, 2010 at 11:35 AM
24
Cobane's case is like at lot of other cases-including the shooting the 30th of John Williams that will never see the light of trials in this state. When you shoot them they go after you like a pack of rabid dogs, when they shoot you it's OK. Hate crimes are not prosecuted by that sociopath Satterburg-especially if you are homeless. He's homeless-phobic. We simply need to vote him out of office.
Posted by Doc98115 on September 2, 2010 at 12:45 PM

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