Facing subpoena, 2 cops agree to talk in FBI probe
Two Seattle police officers have agreed to cooperate in the FBI's investigation into the fatal shooting of woodcarver John T. Williams by a former officer, but only after they were subpoenaed to appear before a federal grand jury, according to police officials.
Seattle, Washington - Two Seattle police officers have agreed to cooperate in the FBI's investigation into the fatal shooting of woodcarver John T. Williams by a former officer, but only after they were subpoenaed to appear before a federal grand jury, according to police officials.
Both officers initially refused to provide statements unless they were given immunity from criminal prosecution, but the subpoenas prompted negotiations that led to their voluntary cooperation, the officials said Thursday.
One of the officers was identified as William Collins, who was among the first patrol officers to respond to the Aug. 30, 2010, shooting of Williams by Officer Ian Birk, who later resigned under pressure. The other was a student officer of Collins' whose name the officials couldn't immediately recall.
In events that began about a month ago, the Seattle Police Officers' Guild asked the Police Department to give the officers a standard legal warning compelling them to provide statements or face possible termination, said Deputy Chief Clark Kimerer. With that warning, the officers would have been granted protection from any criminal prosecution arising from their statements.
Under the so-called "Garrity rule," named after a U.S. Supreme Court decision, the officer invokes his right against self-incrimination. Statements made after invoking Garrity may be used for internal police purposes, including discipline, but not for a criminal prosecution.
Kimerer said it was the unanimous conclusion of the department's command staff that issuing the warning was "not appropriate," given that the federal investigation is being conducted by another agency and that both officers were being called as witnesses and not targets.
Sgt. Rich O'Neill, president of the police guild, said Thursday that the two officers did not ask for Garrity protection, but they simply sought clarification of whether they were being asked to give compelled or voluntary statements.
The U.S. Department of Justice (DOJ) and FBI are investigating whether Birk violated Williams' civil rights.
The federal review into the shooting is separate from the Justice Department's broad civil-rights investigation of the Police Department announced in March. That federal investigation is focused on allegations related to use-of-force and biased policing.
Xochitl Hinojosa, a DOJ spokeswoman in Washington, D.C., and Ayn Dietrich, an FBI spokeswoman in Seattle, declined to comment on the cooperation of Seattle officers in the shooting.
Birk shot Williams, a member of Canada's First Nations, about four seconds after issuing three commands to Williams to drop a small knife he was carrying. Other officers did not witness the shooting but quickly swarmed into the area of Boren Avenue and Howell Street.
Birk resigned in February, shortly after the Police Department's Firearms Review Board found he had violated department policies. The board concluded Birk did not properly identify himself, acted too quickly and didn't appropriately assess the situation.
King County prosecutors announced at the same time that they did not have enough evidence to charge Birk.
Collins publicly testified about the shooting at a King County inquest in January, offering supportive words about Birk's actions.
Collins, who served as a training officer for Birk, testified on the dangers of facing someone with a knife, explaining how quickly an attacker could strike.
Kimerer said Collins and the other officer, in seeking immunity in the FBI investigation, were routinely seeking "the highest level of protection."
"In this case, it was not appropriate for us to do, to give that warning," Kimerer said.
Kimerer said the department recognizes the officers' rights, but that the department has strongly urged cooperation in the FBI investigation.
Assistant Chief Jim Pugel, the department's liaison with the DOJ in the matter, said he was contacted by FBI Agent Cory Cote, who said he needed to talk to the two officers.
Cote said the FBI wanted to clarify some statements in their written reports on the shooting, Pugel said. Cote did not specify the statements, Pugel said, adding he didn't ask because it would be inappropriate.
A few days later, the FBI called to say the officers had declined to talk and wanted Garrity warnings, Pugel said.
Pugel said he told the bureau that it would have to decide whether the department should issue Garrity warnings, because police officials had no idea of the context of the questions agents wanted to ask. He said he was told the issue wasn't criminal, so warning the officers against self-incrimination really wasn't necessary.
"What I was told was the FBI was trying to figure out how the officer knew something they wrote" in their reports on the incident, Pugel said.
Both officers were subpoenaed by the grand jury, Pugel said. He said that he was later told by Cote that the officers had agreed to talk without appearing before the grand jury.
O'Neill, the guild president, said the officers were initially confused whether they were being asked to discuss the broad DOJ probe into department practices "or if it was a criminal thing or what."
Police Chief John Diaz had previously told officers they must cooperate with the broad review, so the officers didn't know if they were being ordered to give statements to the FBI in the Birk shooting or if their statements were voluntary, O'Neill said.
The FBI sent subpoenas "just to make it official," he said, noting that settled the confusion.
