Seattle Police show controversial video of alleged police brutality

BY Brandi Kruse  on November 27, 2012 @ 12:51 pm (Updated: 6:17 pm - 11/27/12 )

During a press conference at Seattle Police Headquarters Tuesday, the department screened a highly-publicized video that has been called one of the worst cases of police misconduct ever caught on tape.

The video depicts an Oct. 6 incident in the Central District where SPD officers were investigating the hit and run of a female bicyclist at 29th Avenue and East Jefferson Streets. A suspect, Leo Etherly, was stopped by officers in the 2300 block of East Union Street.

Patrol car video from the stop shows Etherly approached by officers, who spoke to him briefly before attempting to place him under arrest. According to SPD, Etherly was seen driving a van with a license plate that matched the vehicle believed to have struck the bicyclist.

"They had the license plate. They knew the car they were looking for. They saw [Etherly] walk away from the car," said Sgt. Sean Whitcomb, who took reporters through the video frame-by-frame.

Within seconds of officers attempting to place Etherly in handcuffs, an altercation ensues. One of the officers pushes his hand against Etherly's throat as two others pin him to the hood of the patrol car.

"Quit choking me sir," Etherly said.

"I'm not choking you," said the officer. "I'm getting your head away from me."

At that point, Etherly appears to spit in the direction of one of the officers. The officer who had him by the throat then punches Etherly in the left eye.

"We wanted to give the public an opportunity to see the video," Sgt. Whitcomb said.

An attorney for Mr. Etherly, James Egan, showed up at the press conference Tuesday after being notified by a member of the media.

Egan, who had a copy of the video prior to Tuesday, held a press conference Monday to demand that SPD allow him to release it publicly. 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.

After his remarks Monday, SPD implied on their blotter that Egan was not being patient and that they planned to give him a copy of the video that could be made public.

"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 and other media outlets have filed public disclosure requests for the video, which have not been fulfilled.

Whitcomb said Tuesday that the video is part of an open and active investigation. He said SPD has asked the City Attorney's Office to reconsider charges of hit and run and assault on an officer.

When asked if detectives believe Etherly is responsible for the hit and run, Sgt. Whitcomb said "absolutely."

"We believe he is responsible for two crimes, and we believe that is going to be looked at fairly by the City Attorney's Office," he said.

In the meantime, the Office of Professional Accountability is investigating the force used during the arrest after it was referred to them by the command staff.

Egan was granted another copy of the video during the press conference Tuesday. He posted it on YouTube a short time later.

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 (94)


  • Add A Comment

  • circuitfr wrote...
    without seeing the video
    November 27, 2012 1:14 pm
    hard to judge....but if you spit in a cops face, it's going to have a response. That is not an innocent act as dirt bags keep all kinds of contraband in their mouths and even weapons such as needles and other sharp objects. Secondly, dirt bags that are known to have Hepatitis or other diseases will try to infect officers by spitting on them, a lot of time with blood in their saliva. Spitting on an officer is just as bad as taking a swing. It's classified as assault 3, which is a felony, especially since he was being placed under arrest which you can add a count of resisting to as well.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    Lol, you speak of "dirtbags" like
    November 27, 2012 5:04 pm
    you have ever even seen one from your gated community.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • chellesbelles wrote...
    just saw the video,
    November 27, 2012 1:52 pm
    dude got exactly what he deserved!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cash wrote...
    Just watched the video and fully support SPD
    November 27, 2012 1:58 pm
    SPD did nothing wrong on this arrest and fully justified. There was no "Choking" but he was trying to hold his face away to avoid being spit on and was unsuccessful. The use of force was fully justified based on what I could see. The guy easily could have avoided this by cooperating in the first place and he is fully responsible for what happened.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    He spit on the officer AFTER he was choked
    November 27, 2012 5:04 pm
    ... I mean, let's just be honest.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • bullyforyou wrote...
    you sir,
    November 27, 2012 5:38 pm
    need a reality check. that cop is quite obviously unable to deal in a rational manner with people and needs a good lesson which should come in the form of retribution beatings from some of the people he has undoubtedly brutalized before this. what a punk...that "officer" is a disgrace to the entire police community. and they wonder why people hate them?????
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • BocaBob1 wrote...
    YOU sir
    November 28, 2012 5:22 am
    Should become a cop and deal with a@*holes like this all day. He hit a person with his van (tag taken) they had a duty a DUTY to investigate and dirt well was a dirt bag. Maybe he should have hugged it out and given him a prize. bullyforu
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • bullyforyou wrote...
    and you...sir,
    November 28, 2012 5:29 am
    need to realize that a police force that deals with citizens in this manner is a very small srep away from nazi germany. police should be the ones who control their personal issues and anger and deal with the situation without lowering themselves to the levels of the criminals they deal with. force is called for in many instances. punching someone because youre ticked off about god knows what...that is NOT acceptable
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • lazarusrose wrote...
    HELL YES
    November 27, 2012 1:59 pm
    It was brutality. Sure the guy was disrespectful and not complying with the officer verbally. However there were 2+ other officers present and they could have cuffed and apprehended him without choking him and busting his face several times. A cop better hope he never does this crap to me.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Realitycheck wrote...
    lol
    November 27, 2012 2:54 pm
    Iazarusrose, keep yourself out of trouble or comply when being arrested or you will get the same. And fully deserved too.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • circuitfr wrote...
    lazarusrose
    November 27, 2012 2:54 pm
    Go ahead and give it a try buddy. The fact is, when someone starts resisting arrest, it's hard to get cuffs on someone who doesn't want to. Try and do that yourself. 3 cops can do it, but it still doesn't mean it can be done with tea and crumpets. Send me a video after your done with your macho man crap.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • wrsawy12 wrote...
    Calm down
    November 27, 2012 4:25 pm
    Calm down tough guy. The loser deserved what he got. They tried to put him in wrist restraints, he wouldn't comply, then, he assaulted the Officers when he spit on them. Everyone is tough online.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    You guys
    November 27, 2012 5:09 pm
    Seriously, there's a line that's crossed when an officer puts both hands around your neck while two others are holding your hands. C'mon man! And if we want to get "legal" with it, the officers never said "You are under arrest," they said put your hands behind your back. You can't resist arrest until they actually try to place you under arrest. If the officer has observed the proper protocol, none of this would be an issue. But he didn't, and in one instance in particular he used excessive force. An officer must be above petty personal squabbles, as this officer was clearly susceptible to being antagonized and reacting in anger. Not a part of the job description.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • grbenson wrote...
    Its very simple.....
    November 27, 2012 11:15 pm
    If you dont want trouble with the cops then do what they tell you to do. Tell them your name. Roll over and let them put the cuffs on. Plead the fifth if you want. If you do this you will be in less trouble and I am pretty sure you wouldn't get a forearm to the face.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • PhotoEvangelist wrote...
    I don't see police brutality...
    November 27, 2012 2:04 pm
    I see a guy resiting arrest, assaulting a police officer and getting what he deserved. Don't resist and you won't get punched.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • USMC0311 wrote...
    SPD Dumbest cops on the planet
    November 27, 2012 2:15 pm
    Beating up teenage girls. Killing disabled homeless people. Leaving assault weapons on their cars for anyone to pick up. Racial slurs to Latinos. You name it, they'll do it.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • rtranstrom wrote...
    To USMC0311
    November 27, 2012 2:56 pm
    They all got what they deserved. And by racial slurs, are you referring to a cop calling a Latino "Mexican". Correct me if I'm wrong, but he is mexican, isn't he?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    If you don't know
    November 27, 2012 5:12 pm
    the difference between remarking that someone is Mexican, and calling someone a Mexican piece of ****, as an officer of the law, then you are either dishonest or stupid. And 100% white, I can surmise as well...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Danutdlp wrote...
    logos
    November 27, 2012 9:18 pm
    "the difference between remarking that someone is Mexican, and calling someone a Mexican piece of **** " He did NOT call him a Mexican piece of ***, he said that he would beat the Mexican piss out of him.... He is mexican and has piss in him right? Thats how the SPD gang unit is trained to talk with gansters, in their own language as to difuse the situation. I fully support the SPD in this video, but the one officers that comes running up all agressive could have been a bit more calm, but the gangster is the one that brought it all upon himself. If he would lead a respectable life off of the streets stuff like this wouldn't happen to him.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • JasonWeaver wrote...
    Diffuse the situation?
    November 28, 2012 2:22 am
    I'll remember that the next time I get confronted by some gangsters to say that I'll be the Mexican Piss out of them to diffuse the situation.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    Oh, I'm sorry
    November 28, 2012 2:23 am
    I wasn't aware that every black person was a "gangster," or that every suspect is guilty until proven innocent. And that Mexican you speak of wasn't even the right guy that officer was looking for. You are INCREDIBLY racist.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    I'm not saying I know or support this man
    November 28, 2012 2:24 am
    but I am saying that he has the right to be treated with decency before the law. Regardless of what YOU assume about him.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Whidbeyboy wrote...
    I disagree
    November 27, 2012 3:28 pm
    The teenage girl assulted him first and was a serious problem if I remember. She wasn;t even involved but decided to stick her face in it and got tagged. Lesson learned (doubt it) I am not a fan of a bad cop, but seeing what kind of people they have to deal with, and no matter what they criminal always becomes the victim, I'd be busting head to. If you want to call all cops idiots for a few, then you are profiling, just like they get accused of and are really no better. Fact is, if you don;t like it change it and stop complaining.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    Race
    November 27, 2012 5:13 pm
    is different from profession, in a really profound way... I mean, c'mon man, really? Profiling? You have no clue what that even means.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • MaryJaneLeBeau wrote...
    Marine
    November 27, 2012 3:51 pm
    The cop trying to put the cuffs on the man is a former Marine. How SMART do you think you are with the training you got from the Marines? Get out there and show us how much smarter you are. Oh, you couldn't get into the police department? What a shame!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • imanegro wrote...
    Just wait
    November 27, 2012 2:16 pm
    Can't wait for AJ McD0uche's meds to kick in. He'll soon post his predictable 'all cops should die' comment soon. Wait for it...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    He hit a biker?
    November 27, 2012 2:24 pm
    Please help me understand what crime was committed? He should be given a key to the city. But he still looked like he needed his a$s kicked…
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • MaryJaneLeBeau wrote...
    Hit and run
    November 27, 2012 3:53 pm
    A woman riding a bike was hit by the man driving the white van. This same man. And he didn't even have the balls to stop and help her! Hit and Run is still a crime, isn't it shark?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • dori monson fan wrote...
    i don't get it
    November 27, 2012 2:25 pm
    what's the story here? dude resisted arrest, assulted an officer, and was then restrained. the punk only took one elbow. i would have been ok with three or four more AND a tasing for good measure to make sure he was incapacitated. let's not forget the newcastle officer a few years back who didn't use enough force initially, had his gun wrestled away, and was then executed.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
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