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

  • Paul Kersey wrote...
    Obama's 93%ers are the biggest puzzies on the planet
    November 27, 2012 4:16 pm
    They even cry like babies with the gentle touch the new neutered SPD. Just think how they will react when things fall apart and real men have to take control once again. I can't wait.

    Oh Lordy..Lordy.... hep me...hep me.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    You go ahead and
    November 28, 2012 2:31 am
    keep on waiting... Last I heard, "real men" like yourself are being... retired from relevance. Win an election or stop crying like a "puzzy," you sound pathetic.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Regularjoe44 wrote...
    Tired of the Monday morning quarterback
    November 27, 2012 4:44 pm
    ...everyone thinks they can do it better in hind sight. Tough situations and split second decisions in the heat of the moment...and they certainly don't get paid enough for dealing with the slime of society day in and day out, but I'm thankful they do. Cu do's to SPD. They are in a no win situation. Cop tell's you what to do...do it. If what they command is wrong, the court will figure that out later. As far as this incident....no brainer...the guy's a douce and they showed remarkable restraint. Far as I'm concerned, the dirt bags bring it all on themselves. Ya can't fix stupid, but you can sure as heck remove it...permanently if necessary.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • bullyforyou wrote...
    self control...
    November 27, 2012 5:44 pm
    this cop doesn't have it. he's a power hungry punk with a fragile ego. the kids in Afghanistan put up with more and have more restraint than this dipstick
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ToldYa wrote...
    remarkable restraint
    November 27, 2012 7:17 pm
    you had me until that last comment. I fully disagree - the other two, yes. The aggravated cop, not so much. They were fully in control of the 'douce' [sic] even w/ his acting up... the agro cop escalated the situation and imparted excessive force. He needs to lose his job and pension. The tax payers shouldn't be bent over a barrel every time for SPD's volatile behavior.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • JeffShelton wrote...
    Looks fine to me
    November 27, 2012 4:48 pm
    Looks like an officer doing his job to me. I know if you spit on me I would snap, congrats are in order for the officer for being so CORDIAL with the dumbarse after he restrained him. I only wish it was a black officer so that the race card wouldn't be played like it always is. Never mind what the SUSPECT did, it's the upstanding officer that is always at fault BS.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ToldYa wrote...
    I would snap
    November 27, 2012 7:17 pm
    cops are paid not to 'snap' they should show excessive restraint. He did not.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • *logos* wrote...
    They were both at fault
    November 27, 2012 4:58 pm
    But there is simply no excuse for officers to abuse their power. Citizens are not public servants with special privileges, and therefore cannot be judged with the same scrutiny that an officer of the law does. I understand it's a hard, often thankless job, but this officer should be fired and sued. Simple. "I wasn't choking you sir I was controlling your head." Lol, that's rich.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • PEACE LOVE HAPPINESS wrote...
    The Guy Was Lucky
    November 27, 2012 5:13 pm
    The guy was lucky. He had a stolen Van. He hit a bicyclist and ran. (I hope she is ok) He was resisted arrest. He spit in a cops face. What if this happened in another country, like China or Mexico? What do you think those cops would do. Would he still be alive? The guy was lucky. What if he spit in the face of a cop in New York or Chicago? The guy was lucky.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Jbizzle70 wrote...
    I cannot say I wouldn't have done the same
    November 27, 2012 5:48 pm
    My personal thoughts, after seeing the video and hearing the report on the drive home....I think the cop was in line. He was clearly not choking the guy, but controlling his head by his chin. I think the thug was lucky he did not get more. The cop (after subduing) was pretty calm and polite. Sure, it is easy to say he was wrong, but when in the pinch, if a guy had a stolen vehicle, AND just hit a woman on the bike, there is no telling what else he has in his bag of stupid tricks. I think for any of the cop haters out there that think this was not justified treatment, try putting a cops shoes on for once in your life. And to the cash scum lawyer......this is why lawyers have such a bad name. They way he was saying this was the worse police brutality in years....come on!!!!!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • soo purletiv wrote...
    "We" assume Leo is guilty
    November 27, 2012 6:18 pm
    and yet "...SPD has asked the City Attorney's Office to reconsider charges of hit and run and assault on an officer...."

    The problem with this article and the writer of such is no other information is mentioned.....

    Try for a second to be American (the USA type) and shed your European roots for just a second.

    We have this little "clause", if you will, that gets in the way of governmental control of our lives. It sets most lands apart from this one. Maybe you have heard it before. It goes something like..... Innocent until proven guilty. Which means in essence that a citizen is presumed innocent and it is up to the state to prove his guilt, as opposed to the converse as is the case in many lands.

    A lot of posts here assume the cops are honest. Assume their account is accurate. Assume Leo is guilty and therefore deserved such treatment.

    What if???????

    What if Leo was innocent? What if the cops, not with evil intent, but just by mistake got the wrong guy? What if Leo was you? You alright with being harassed by a cop just because he thinks you did something wrong? All you who post "just do what the cop says and all will be alright" just willing to give up your dignity and rights just because they say so?

    And what if Leo has some kind of mental or emotional issues going on, like some kind of phobia of being confined. Do you still label that as resisting arrest? Especially if there is little proof of his involvement in the hit and run? I am in no way justifying Leo spitting in the cops face. But, just for a second, imagine yourself being approached by a few cops who are not just inquiring about what you are doing, but aggressively accusing you of doing something you KNOW in your mind, you did not do. Would you just kindly and politely go along with everything they command?

    I don't know too many people who would just simply comply without "any" resistance, knowing they did no wrong. It is easy to be self righteous from the comfort of our office and spout off how "we" would be so cooperative if "we" were ever in the same situation. Reality though, is a different beast. One that most here have never faced!

    All said, if Leo is guilty of the crime that the City Attorney is being asked to "reconsider charges" for (hmmmmmmmmm!) and the police actually saw him leave the van (they didn't) then the whole equation is changed. Keep in mind though... If any of the police there saw him actually get out of the van, there would have been an immediate arrest with no delay where he waited with his hands on the hood.

    We give WAY too much power to the government these days. And we don't even realise how much......

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Troll Hunter wrote...
    soo purletiv
    November 27, 2012 8:23 pm
    Well said, I completely agree
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Ron_Spins wrote...
    What "if"
    November 28, 2012 3:00 am
    What if MY license plate had Leos identical numbers on it?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • jaysonoo7 wrote...
    I am on the criminals side
    November 27, 2012 6:20 pm
    I am pretty sure it says in the handbook do not attempt to stop air from coming out of their mouth I would of bit him. They should be trained to deescalate the situation the 3rd cop did not help anything including the way people look at cops.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • anotherfencewalker wrote...
    The new reality..
    November 27, 2012 6:41 pm
    After Lakewood, the whole game changed. Both sides. You see it every week. Cops are no longer going to stand still and take sh1t from punks and gangers, If they're smart a55, whining dirt bags, let them have a fist. No longer is it's good cop/bad cop. Its ....cop. A punk is a punk. It doesnt matter wheter its the police or who he/she's got on the ground.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • jaysonoo7 wrote...
    Helping or Hurting?
    November 27, 2012 7:17 pm
    When some mentally unstable wack job with a dislike for cops sees this video do you think he is less likely or more likely to shoot at them?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Forrest wrote...
    No
    November 27, 2012 7:20 pm
    brutality.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }