Attorney calls on SPD to release video of alleged police brutality

BY Brandi Kruse  on November 26, 2012 @ 3:09 pm (Updated: 11:20 am - 11/27/12 )

A Seattle attorney has filed a lawsuit against the police department for their failure to release "the worst police misconduct video" he has ever seen.

Attorney James Egan says the video shows his client, Leo Etherly, being choked and punched in the face by officers.

On Oct. 6, Etherly was stopped by officers who were investigating a hit-and-run accident in the Central District. According to Egan, a video inside one of their patrol cars shows an officer punch Etherly in the face while two others pin him to the hood of the cruiser and choke him.

"The officers are heard - crystal clear - saying, 'Well, I'm not choking you,' but he is. Then he calls him a (expletive) idiot," Egan said.

Etherly was arrested for allegedly spitting on one of the officers during the incident, but claims he accidentally coughed-up saliva while he was being choked.

Misdemeanor assault charges in the case were eventually dismissed.

Egan claims the Seattle Police Department will not allow him to release the video to the media because it is not a public record. He received a copy of the video through discovery while representing Etherly and such records are often confidential.

"This is a circumstance where the police have an awful public record and I want it and I want to give it to you," Egan said.

In a post on their blotter, a police department spokesperson said they plan to release the video to Egan, but implied that he is being impatient.

"This request is currently in process. Once completed, Mr. Egan will receive another copy of the same video," the post read.

"The SPD Public Disclosure Unit handles on average 4,000 requests for records per year ... Since 2008, Mr. Egan alone has made 316 requests of the Seattle Police Department. He has 10 requests that are currently pending. His current request, like all others, will be handled in the order in which it was received."

KIRO Radio has also filed a public disclosure request for the video.

Brandi Kruse, KIRO Radio Reporter
Brandi Kruse is a reporter for KIRO Radio who is as spontaneous and adventurous in her free time as she is on the job. Brandi arrived at KIRO Radio in March 2011 and has already collected three regional Edward R. Murrow awards for her reporting.
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Comments (14)


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  • jstumbo wrote...
    My guess is...
    November 26, 2012 3:00 pm
    that they were choking him because he spit at them, rather than them deciding to choke him, and then some spittle landing on them.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HPD 5-0 wrote...
    Etherly was arrested for allegedly spitting on one of the officers during the incident, but claims he accidentally coughed-up saliva while he was being cho(c)ked.
    November 26, 2012 3:22 pm
    Sure...he "accidentally" coughed up saliva. Was that before or after he got caught for hit & run? Now he and his "attorney" want to get paid...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cash wrote...
    I do not support Officers who use excessive force
    November 26, 2012 3:30 pm
    But I do not support lawyers like James Egan who have made a career out of suing the Seattle Police Department with his outrage. I have been in this position many times dealing with someone who is just violent and force is required. Just because you use force and it is violent; does not make it excessive in nature. Dealing with someone like this person is not easy and when they start spitting in your face you force options are very limited. The suspect in this case had options to cooperate or not and from what has been released in this and previous news stories it clearly sounds like he choose not to cooperate and to fight the Officers.

    Lawyer James Egan has lost me with his on-going quest to sue the tax payers on any case. I am not saying I fully support the Officers in this incident because I have not seen the incident but I do know it is not easy and I am not going to throw them under the bus just because one guy; James Egan is saying so. I am guessing James Egan is not doing this because he believes the SPD is evil and overboard on using force but rather he is getting rich off of suing the tax payers and crying foul more and more with each of his baseless lawsuits.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cash wrote...
    @AJ
    November 26, 2012 3:52 pm
    I am all for it... I have zero problem holding cops responsible for their own actions; especially in cases of criminal behavior and/or situations where there is a clear "Right or Wrong" way of handling it.

    Like I said I have not seen this entire incident nor do I have any personal knowledge of it but I do know there is no easy way of dealing with it. Force is not pretty no matter how it is applied but it is clearly avoidable by the actions of the guy in this case who was being investigated. There was clear probable cause to stop/detail/investigate this situation. All he had to do was cooperate and if he was not responsible for the crash it would have been 2 minutes out of life and he would have moved on about his business. There was no reason for the guy to go down this road.

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  • Cash wrote...
    I would also add
    November 26, 2012 3:58 pm
    That this specific lawyer is no better than the Officers he is accusing (if guilty) of excessive force and coloring it how he wants so he can profit off of it. I am not a betting man but I would bet all that I have that James Egan does not give a rip about anyone but himself period and if he can stick it to the taxpayer to get rich that is what he will do.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Troll Hunter wrote...
    Seattle police ARE brutal and do lie about it
    November 26, 2012 6:31 pm
    I have experienced this myself in our great city. I have been grabbed at gunpoint and forced onto the hood of my car by one of Seattle's finest. My crime? Illegally crossing the double yellow lines to get around a car stalled in the road. My real crime? Being taller, bigger, and stronger looking than the cop and opening my car door to talk to him since my window couldn't roll down (which i announced to the officer since i know my looks tend to intimidate people whether i want them to or not). I did not touch or threaten the officer at any time during the situation to justify such aggressive behavior. I was never arrested for anything as i had committed no crime, nor was i given a ticket once i was allowed to explain the reason i had passed on the left, crossing the double yellow lines. When i filed a complaint against the officer however, i was told that the officer was completely in the right and i didn't have a case. It was okay for police to put their hands on us and threaten us with their weapon without actual provocation is what i gathered their attitude is. The only thing they want to protect or serve is themselves. Seattle police are a bunch of racist, brutal hypocrites who are afraid of their own shadows. they wouldn't survive in a city like LA or NYC very long if they tried acting that way there...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • WAmovesRight wrote...
    If this happened the way you say it did...
    November 27, 2012 8:06 am
    ... than it's really messed up. Police are supposed to be there to investigate crime not harass the citizenry...

    I keep saying it... LE recruiters need to look less at academia and more at character when recruiting for these positions.

    It takes a special personality to be rough with true bad guys but respectufl to citizens...

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Shplunker wrote...
    yeah, right
    November 27, 2012 10:29 am
    You're just full of it. Admit it and stop lying to anyone that will listen, and to yourself. You did something to get grabbed at gun point and forced onto the hood of a car.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cash wrote...
    I am also shocked that
    November 26, 2012 8:24 pm
    Judges this day and age think that it is okay for suspect to spit in Officers faces during an arrest incident. I would like to see what would happen if the same guy started to act up in court the exact same way and spit directly in the judges face. What do you think would happen? If you walk into the court room and forget to take off your hat or take a sip of your coffee, you can get tossed into jail for contempt. I am guessing if you spit in a judges face you are going to do max time without much in the way of a fair trial...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • C"mon Man wrote...
    SPD,Hawks QB and the election
    November 26, 2012 8:52 pm
    Three very divisive issue's. Cops will take the pay,knowing that shirt happens,tax payers will get a Police force that is heavy handed, and lawyer -up from union dollars, when things go wrong,while tax payers again and again pay for the settlements of people who were on the receiving end of the force.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ronzilla wrote...
    Wilson's the MAN!
    November 27, 2012 2:06 am
    No division to be seen.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • dexterjibs wrote...
    He coughed and "accidently" spit on officers?
    November 26, 2012 9:15 pm
    Not buying it. If someone spit on me I would drive my fist down their throat (like AJ McDouche would do). A valuable lesson for police agencies-get rid of your frigin cameras and don't let Cops or any other TV show ride with you.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Shplunker wrote...
    AJ
    November 27, 2012 10:39 am
    In reading here often, but posting seldom - do I notice a kinder, gentler AJ??? Outside of your(and probably personal) hatred for the police, I agree with 99% of your opinions - especially in the politcal arena. INCLUDING - holding everyone accountable, especially the police. However, the difficulty in all of it is really getting the idiots out there to be accountable...stop them from looking for someone to SUE when they screw up, someone to blame when they break the law (or may be a suspect) then don't listen or act accordingly when the police arrive. If you don't "drop the weapon" or "stop running", or "Put up your hands" when told to do so by the police....then TO FREAKING BAD that you get your arm twisted, or face pushed into the concrete. Sure..sometimes cops go bad, and they MUST be held accountable. But in my time, I will guarantee that I've seen MANY MANY more D-bags running around causing trouble, being disrespectful and violent than the cops can even keep up with. And, most of these people who have trouble with police in given situations....aren't at home with their kids..or at a picnic...or at a ballgame. They have usually put themselves into a place or area that the police frequent for a reason.
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