MYNORTHWEST NEWS

How SPD ‘dropped the ball’ in alleged attack by homeless man

Apr 1, 2017, 8:04 PM

homeless attack...

A homeless man allegedly attacked a member of the Tim Clark Marina in Seattle. (Contributed)

(Contributed)

The man who allegedly attacked Seattle restaurateur Tim Ptak was being held on $50,000 bail, but he got out of jail on “conditional release.” And the Seattle Police Department admits it was an error on its part.

Report: Man who allegedly attacked Seattle restaurateur released

Ptak was investigating a potential prowler at the Jim Clark Marina when he found a man believed to be homeless in his friend’s boathouse popping popcorn and drinking beer. After claiming he had permission to be in the boathouse, the man allegedly attacked Ptak.

Ptak’s alleged attacker was arrested and treated at Harborview Medical Center.

Ptak was relieved when it was over and nobody else was injured.

“Things could have ended much differently,” Ptak told KIRO Radio’s Ron and Don. “We might be having a memorial today for one of my friends.”

But things aren’t over.

Alleged attacker goes free

The man who allegedly attacked Ptak was held on $50,000 bail, but no charges were filed by March 27 and the man was no longer behind bars.

How can this happen?

According to a Seattle Police Department spokesperson, the case didn’t “get to the detective” who it was assigned to in time.

There is a 72-hour window for cases to reach the prosecuting attorney’s office for consideration of charges. If there isn’t a hearing held within that time period, they go free.

That didn’t happen in the case of Ptak’s alleged attacker.

“Essentially, this is a dropped ball by our department and certainly a learning moment,” SPD spokesperson Sergeant Sean Whitcomb said, adding that if “this was a perfect world it would not have happened.”

The problem in a case like this is that police can’t just go out and arrest the person again.

“We don’t have probable cause to re-arrest him,” Whitcomb said.

For that to happen, charges have to be filed, a court date must be set, and the person must fail to appear. Then it is up to the police to find the man.

If the man truly is homeless, it could add another layer of difficulty to the matter. Whitcomb says homeless people often still have regular access to mail.

Seattle attorney Anne Bremner told KIRO Radio it isn’t often that someone can fall far enough through the cracks to completely avoid law enforcement. However, she points out that the alleged attacker who was willing to break into a boathouse and use pepper spray on Ptak is walking around free.

“He’s certainly not going to turn himself in,” she said, adding that maybe someone who knows him will tip off police.

And the man who was simply trying to keep things orderly at his co-op marina now has to worry about potential repercussions.

“Now he knows where my businesses are and, approximately where I live…” Ptak said.

MyNorthwest News

Dolly Parton...

Associated Press

Dolly Parton’s nephew wants more time to defend himself against restraining order from her estate

Dolly Parton’s nephew wants more time to get a lawyer in place to defend himself against a temporary restraining order.

17 hours ago

bellingham crash...

MyNorthwest Staff

Northbound I-5 in Bellingham fully reopens after 3-car crash; injuries reported

Northbound I-5 has fully reopened in Bellingham at Iowa St., milepost 253.

19 hours ago

coast guard murder 18-year-old...

MyNorthwest Staff

18-year-old charged with murder in Skyway shooting death of Coast Guard officer

An 18-year-old Covington man is now charged with second-degree murder in the August shooting death of Coast Guard Lt. Connor Overstreet.

19 hours ago

A partially unzipped grey duffel bag is overflowing with United States one hundred dollar bills. (P...

Gee Scott

Gee: Wait, what?! Man finds $128K in cash sitting on top of an ATM

A 37-year-old man in Texas walked up to an ATM and discovered something you generally don’t find sitting on top: $128,514 in cash. What’s your next move?

19 hours ago

king county sheriff's office incident sea airport...

KIRO Newsradio staff

Key parts of Washington sheriff standards law blocked; state plans to appeal

A judge permanently blocked key parts of Washington’s new sheriff standards law Friday after temporarily blocking it earlier this year.

20 hours ago

The Spin Jayapal...

Luke Duecy

The Spin: Jayapal’s Bite of Seattle shooting statement puts pressure on Mayor Katie Wilson

Newly released text messages show U.S. Rep. Pramila Jayapal questioned whether she should appear with Mayor Wilson during the Bite of Seattle shooting response.

20 hours ago

How SPD ‘dropped the ball’ in alleged attack by homeless man