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John T. Williams Shooting

Started 1 year ago by DP
Latest reply from JimmyG

DP
Member Profile

There is not absolute justice.
There is not absolute injustice.

But there is at least some justice.

King County Prosecutor Dan Satterburg has decided not to file criminal charges against SPD officer Ian Birk for fatally shooting Mr. Williams (on August 30, 2010). You might not agree with Satterberg's reasoning on this, but at least read his statement before making up your mind.

http://tinyurl.com/satterberg-decision

Meanwhile, Seattle Police Chief Diaz had some better news for us. Here's an excerpt from the Seattle Times story today:

. . . Diaz announced during a news conference that the department's Firearms Review Board has found the shooting [of Williams] was not justified. He said Williams did not pose a serious threat of harm and use of a firearm was not justified, according to the board's findings.

The board's four voting members unanimously determined the shooting was "outside of [the department's] policy, tactics and training," according to the board's report written by Deputy Chief Clark Kimerer, a member of the board.

I must say, that this is a breath of fresh air. In the past, the all-powerful Seattle Police Officers Guild would not only have blocked any serious investigation into the conduct of Officer Birk, they would have made sure that no disciplinary action was taken by the SPD either.

Based on Chief Diaz's statements (which you can hear on the Times streaming Web page), it looks as if Officer Birk will probably be fired as a result of his incompetence and poor judgment, and the Guild won't be able to do a thing about it.

Perhaps a new day is dawning in Seattle. Sadly, it's too late for John Williams. But who knows? Other lives will probably be saved as a result of this outcome, and I think that's something Mr. Williams would have wanted.

Thank you, Chief Diaz.
Thank you, Firearms Review Board.

You did the right thing.

Posted 1 year ago #
babalou
Member Profile

the police have immunity from bad judgement, unlike us civilians who would have been charged with this killing in a heart beat--no brainer--open and shut, not even close--anyone else would have been charged with a crime. That cop is completely whacko--at the hearings he had that beady eyed psycho stare.

Posted 1 year ago #
DP
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Not a psycho, I think.
Just a bad cop.

Posted 1 year ago #
cjboffoli
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DP: Maybe not even a bad cop. Just someone who made a split second decision that ultimately was the wrong one.

Posted 1 year ago #
JanS
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and recommending that he never be allowed to carry a gun, have a badge, etc...just about means that he will be in another line of work. I quite understand why Satterberg didn't press murder charges..and Officer Birk will not be immune to a civil suit.

Posted 1 year ago #
cclarue
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personally 99 times out of 100 i would side with the officer. This is my one out of 100 where I cant. Not even a little bit.

Posted 1 year ago #
KatherineL
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Given how many assaults with weapons on the police recently, I don't wonder that officers are on edge. As you say cboffoli, a split second decision, tragically, the wrong way.

Posted 1 year ago #
DP
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Birk just resigned.

Wisely.

http://www.seattlecrime.com/2011/02/16/officer-birk-resigns

Posted 1 year ago #
DP
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I respectfully disagree with those who think this was a just a "split-second decision that went the wrong way."

The essence of the Firearms Review Board's finding was that this was NOT, in fact, a split-second decision at all. Rather, it was a situation in which Officer Birk had plenty of time in which to size up the situation and make the right decision.

And even with all that time, he still made the wrong one.

Posted 1 year ago #
sarelly
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I saw the video. From the time the warning was given to put down the knife to the time the officer began shooting (four or five times - bang bang bang bang bang - if I recall correctly, as if one single shot would not have been enough to disable someone who posed a threat) was about two seconds. There would barely have been time for a hearing person to register what he was saying let alone understand and respond to it. I would have expected the prosecutor to call it the lesser version of manslaughter. I hope the family finds some peace and resolution to this terrible loss.

Posted 1 year ago #
dobro
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I assume (and hope) that the officer will still be subject to civil suit and the city subject to wrongful death suit.

Posted 1 year ago #
luckymom30
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Why didn't Birk choose to taze John T. Williams, instead of using a gun. Mr. Willima s while a known drunk did not deserve to die. His family members stated he had a hearing problem. Justice was not served.

Posted 1 year ago #
JanS
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luckymom...if I understand correctly, Officer Birk claimed that he didn't have a tazer on him available.

Posted 1 year ago #
Cait
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I would argue that the inability exercise proper judgment and follow protocol makes you a bad cop by definition. Not necessarily a bad person, but an unqualified police officer. It's just too bad someone had to die so that we could all find out that this guy would probably just be better at doing something else for a living...

If I exercise gross negligence in my job and someone dies as a result, I would be guilty of manslaughter. I understand that police officers are a special case because they are responsible for our safety, but they are responsible for the safety of John T. Williams too.

Posted 1 year ago #
GaryGnu42
Member Profile

As an adult I'm responsible for my own safety. That's why I don't stumble around a major metropolitan city drunk and holding an open knife. This situation was a horrible mistake nothing else.

Posted 1 year ago #
Cait
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The knife was closed.

http://seattletimes.nwsource.com/html/localnews/2013385604_policeshooting10m.html

Posted 1 year ago #
anonyme
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The officer was charging at Mr. Williams, not the other way around. The threat was with and from the cop alone, at all stages of the 'confrontation'. This is manslaughter at a minimum. The exemption of police from prosecution is unjust, and in this case, lethally so. It makes no sense that a police inquiry board can find the shooting "unjustified" and "egregious" and yet the perpetrator can walk away with no charges.

Posted 1 year ago #
DP
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This is manslaughter at a minimum. The exemption of police from prosecution is unjust, and in this case, lethally so.

Like Satterberg said, though, there are special rules for cops. And that's because being shot at (and shooting back) is part of their job description.

If Satterberg thought he could have shown that Birk was acting with malice or reckless disregard for Williams' life, then he could have prosecuted. But that's a pretty high bar to jump in a courtroom . . .

Officer Birk smugly thought he'd get off scott-free for his bad judgment, but he was wrong. Way wrong. Anyway, for me, this case wasn't even about him; it was about establishing that the cop isn't always right just because he's a cop. And I say this with all due respect for "Seattle's Finest."

Believe me when I tell you that SPD wanted Birk gone as much as anyone.

Posted 1 year ago #
JimmyG
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"Officer Birk claimed that he didn't have a tazer on him available."

He didn't just claim to not have a Taser, he didn't have one. Not all SPD patrol officers have one, they cost money and it was a budget decision to not buy one for each officer.

I'm glad Birk resigned, and under current state law there was no way Satterberg could charge based on the circumstances. Plus Satterberg's office has a track record of not filing charges in cases just to make a point. They file when they have a winnable case.

Posted 1 year ago #