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

  • RonJ wrote...
    "I'm getting your head away from me"
    November 28, 2012 8:30 am
    AHHHH ha ha ha ha ha..."here...a fist in the face...I'm getting it away further......oops.....a kick to the groin, in case you stick that in my face, too".
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • listener99 wrote...
    Take a second look and listen
    November 28, 2012 8:57 am
    To weigh in here: if you look at the video at 4:38:19 as the police pull into the lot, Mr. Etherly is walking out from between the van and a car - he was NOT standing with his friends chatting. The cops were on the lookout for a white van, had the license number, pulled in to check it and then reversed very fast to question who they felt might be the driver. He is obviously not being cooperative, either with questions or instructions, as you see when they tell him to sit him on the bumper and he tries to pull away. If you listen to the dispatcher running and then reporting the license number, it comes back to be for a Mercedes GL450, which is an SUV, not a van. At that point, the third officer makes a reasonable assumption that the plates are stolen and asks the guy his name. His belligerent and combative response heightens the officers' suspicions and they order him to turn around and take his arm. The third officer seems overly aggressive at first look, but if you factor in all the information they had, I think he's just doing what they have been recently taught to do - respond with verbal judo, then a no-nonsense arrest of a very big, fit and belligerent, uncooperative suspect. To get Mr. Etherly down, he grabs his throat, then immediately lets go and covers his mouth. Seems harsh, but what else was he trained to do - it's called reasonable force. Furthermore, the ex-police officer who commented this morning the law enforcement always want to be behind a suspect; well, clearly, the suspect was not going to do that and they had to subdue him with enough force to handcuff him. As far as the punch, after Mr. Etherly spat, it's obvious he's going to fight all the way and the officer needed to get the upper hand quickly. The punch worked - don't see how that's brutality. Sadly, our society believes that "rights" means arguing with or defying authority figures. We have forgotten the responsibility to be respectful and compliant with them. If one believes that one's rights have been trampled, then cooperate with the asker and then make an immediate complaint.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Police Chief David Couper wrote...
    Improving Police
    December 1, 2012 1:26 pm
    Police use of excessive force, especially deadly force, corruption and other misconduct hurts everyone – including the police -- in terms of lost cooperation, support and trust – which, in turn, diminishes their effectiveness. That's the reality. Now what? To learn how to confront and prevent it. Follow my blog at http://improvingpolice.wordpress.com.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Bruce_B wrote...
    Who needs criminals?
    January 6, 2013 5:40 am
    Who needs criminals when you have abusive thugs like this on your police force?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }