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Seattle Police defend handling of Phoenix Jones fistfight

BY Josh Kerns  on November 13, 2012 @ 1:13 pm (Updated: 1:56 pm - 11/13/12 )


The Seattle Police Department is defending the way officers handled a fistfight between Seattle superhero Phoenix Jones and a drunken man.

Jones had called 911 and tried to defuse the situation. It was only when the man threatened Phoenix and said he'd follow him home that Phoenix agreed to fight his aggressor.

"I'm not going to let someone follow me to my house," said Phoenix in an interview with The Dori Monson Show. "I'm not letting some guy who's violent with other people follow me home. It's not going to happen. If it had just been about him calling me the N-word, I would have walked it off, like I told the cops. It was just, the cop had said he was going to let that guy follow me. No one is going to follow me."

Jones argued he was legally justified to fight the guy based on a law allowing people to engage in "mutual combat."

Tuesday on the Dori Monson Show, SPD Sgt. Sean Whitcomb explained why officers didn't step in.

"I can guarantee you that if our officers would have gone in there to get that party moved along, and if they would have refused, there probably would have been some sort of forced response there," Whitcomb said. "Then the conversation would be second guessing officers for being too heavy handed with people that have been drinking."

Whitcomb said city ordinances prohibit any unwanted physical contact as assault, and fighting in public is unlawful if it creates substantial risk of injury to a bystander or damage to someone else's property. In this case, they were on the sidewalk with little threat of harm to anyone else.

"I'm not going to second guess the officers who were out at the scene and who had a much broader perspective of everything else that wasn't captured by that phone camera," Whitcomb said.

Phoenix acknowledged to Dori he could have seriously injured or even killed the other guy, given his martial arts training. He is certain a jury would have exonerated him since the men agreed to fight. Whitcomb says police would have rather they just went their separate ways instead, but handled it in the way they deemed most appropriate given the situation.

"We do a really tough job. We have to make a lot of decisions based on limited information and sometimes we have to go with our gut," Whitcomb said.

"On this particular case we showed up, we tried to keep the peace and maintain order which is our job. We encouraged people to go their separate ways, that didn't happen. We looked at the different options available to us and the officers on the scene were very patient, very calm. They did their best to de-escalate the situation."

Whitcomb said no charges were filed and officers didn't file a police report because there was no crime. He pointed out the fight's loser declined medical assistance following the fight.

"No victim, no suspect, no crime."

Josh Kerns, MyNorthwest.com Reporter
Josh Kerns is co-host of KIRO Radio's Seattle Sounds (Saturday nights 7-8) and a digital content producer for MyNorthwest.com.
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Comments (31)


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  • cadrethree wrote...
    Street Justice?
    November 13, 2012 1:21 pm
    SPD do your jobs! We don't need private citizens dispensing street justice and fighting crimes. This isn’t some kind of Hollywood Movie. Arrest Phoenix Jones, or hire him as a cop.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • skottedont wrote...
    cadrethree: can you not read?
    November 13, 2012 1:44 pm
    No crime was committed. If you are proposing that the SPD arrest someone that is not guilty of any crime, you are an idiot.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • cadrethree wrote...
    SPD
    November 13, 2012 1:57 pm
    They are peace officers, break them up and move them out of the area. If the drunk kid resist arrest stun gun him and haul him off to jail. If they are worried to break it up because they might beat a cuffed suspect then they have bigger problems.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Realitycheck wrote...
    cadrethree
    November 13, 2012 3:17 pm
    As skottedont said, if you believe there was a problem here you are an idiot. Police handled it perfectly, BRAVO!!!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • cadrethree wrote...
    Realitycheck
    November 13, 2012 3:35 pm
    If this was just two drunk guys getting into a fight, okay. A masked guy running around self-policing and getting into fights? That's normal? Why do we pay cops if we could all do that.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Realitycheck wrote...
    You know, police would have a much easier job
    November 13, 2012 4:28 pm
    if we have more looking out for other people instead of just turning away and at best call the cops. I love it that this guy consulted a lawyer and knows what he can do without getting himself in trouble.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Oly80 wrote...
    we all CAN do that.
    November 14, 2012 1:20 pm
    we just don't.

    Jones was called a racial slur, called the cops because he was getting followed AND, as allowed BY LAW, fought the guy who agreed to fight him.

    what's your problem with this?

    we all could use a little more grit like this. time to get back to the days were men could settle things quickly, without guns. just a couple of quick pops, one goes down, they both live to fight another day.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • cadrethree wrote...
    Oly80
    November 14, 2012 3:18 pm
    Jones is performing a job he wasn't paid to do nor vetted in any way, shape or form. Let the professionals handle crime fighting in the cities. If you see some thug beating a guy for no reason on a bus or the streets, sure step in and protect the person. True grit in the "old days" started with a club, then a sword, then a gun to settle your beef with someone. We have the rule of law for a reason, but the old days was kind of rough.
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  • Abas wrote...
    Needed justice
    November 13, 2012 9:47 pm
    We do need more people who are willing to take a stand for things like this man does. The Cops can NOT be every where and they are there after the crime has happened. If more people were to take a stand against the scum of the city we would not need as many cops, the people who do these crime would be in jail. If every one would hole themselves to this kind of edict we would not need any cops. I know its naive of me to think other people would hold themselves to it. But I do. And I will protect those around me.
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  • Saltchucker wrote...
    Super Hero VS Boozerhero
    November 13, 2012 2:36 pm
    Booze loses again. Man I'm glad I don't have "Tough Guy" complex! Hhahahahahahaha
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Shplunker wrote...
    STOP already!!
    November 13, 2012 2:42 pm
    He's not a Freaking Super hero!!!. Definition of SUPERHERO : a fictional hero having extraordinary or superhuman powers; Normally, superheroes use their powers to counter day-to-day crime while also combating threats against humanity by supervillains, their criminal counterparts. He's a Costumed Crime Fighter....or "maybe" a Masked Vigilante. Or, most accurately, an idiot who is sooner or later going to meet up with the wrong guy, at the wrong time, at the wrong place.....and get his 15 minutes the wrong way.
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  • Realitycheck wrote...
    Shplunker
    November 13, 2012 3:20 pm
    You sound like the guy that got beat up rather handily, or are we destroying your fantasies of a real superhero out there ?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Drool wrote...
    Shplunker
    November 13, 2012 4:27 pm
    Super hero? Yes he is. Batman never dropped anybody that fast.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Shplunker wrote...
    Drooler...
    November 13, 2012 5:33 pm
    I'm cracking up now...I take your best "BIF" and spot you a "WHAM"... and no..it wasn't I who took the beatdown. I think the guy deserved it...and his loudmouth dipstick friend needed it even more. It's just calling a guy running around in a funny suit a SuperHero. Especially in print, by supposed journalists. Seriously...just because I get a boner now and then doesn't make me a unicorn.
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  • Bloodsurf69 wrote...
    LIKE!
    November 14, 2012 10:06 am
    Seriously...just because I get a boner now and then doesn't make me a unicorn.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Abas wrote...
    We need more Heros
    November 13, 2012 9:52 pm
    Shouldn’t we judge the man by what he does and not by what he his capable of doing. This man takes a stand and is willing to put himself in harms way for the betterment of society. And even though he may not have super powers. His actions are super, and he is a hero in my book
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  • hedujg26 wrote...
    What really needs to be done...
    November 13, 2012 3:50 pm
    Is the elimination of the "consentual fighting" law. It needs to be eliminated for this very reason. Seems most logical, and then no one can "second guess" the police response, so the cops will actaully have to do the right thing the next time.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Ruiner wrote...
    Nothing needs to be done
    November 13, 2012 6:51 pm
    Agreed mutual combat is centuries old. You are not affected in any way by two individuals engaging in combat without the presence of any weapons. Second, the police response was absolutely perfect; they would have most certainly become involved should one person have become defenseless or incapacitated. Their presence also ensured that they were there to address the situation should it have escalated. Don't invite government to stick its nose into a place where it clearly wasn't needed. The trio of losers got their shame, publicly. Phoenix Jones, who I believe is silly for doing what he does, but its his right, did everything lawfully. The police officers were correct.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • hedujg26 wrote...
    Thats your reasoning?
    November 13, 2012 7:08 pm
    That because it is hundreds of years old? That has no bearing on today. When cops are called to a situation, they are responsible for what happens from there on out. Their duty was to de-escalate the situation and remove the chance for violence. This is the reason stupidity like "Bum Fights" are illegal. This is why full contact sports are heavily regulated. No, they werent correct. They showed up and represented law and the city, which they failed miserably to do. Its the same condition as when they respond to a domestic violence call. The seperate and de-escalate.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Saltchucker wrote...
    Centuries old is the reason!
    November 13, 2012 7:48 pm
    We are a nation of laws. Our Constitution is 2 centuries old and bears on our daily life...well DAILY! Our entire legal system is based on it. The Constitution itself is based on English Common Law. Blacks Book of Law is still taught to aspring lawyers today. Every law on the books is layered by previous laws. If one does not eliminate old statutes when writing new ones, the old statutes do not go away!! Saying an old law "has no bearing on today" is the cop out of the ignorant.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Pebohead wrote...
    two grown men agreed to fight
    November 13, 2012 7:53 pm
    in a way that would not cause property damage or harm to anyone else. why would that be illegal? You just want to add more of a burden to the law and prison system huh? As if we dont already have enough people in jail.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Abas wrote...
    Never to old
    November 13, 2012 10:00 pm
    If we are getting rid of laws that are too old how about we get rid of the 13th amendment........... Thats old. But I bet you Pheonix would fight to keep it. Because thats the right thing to do
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • green wrote...
    What really needs to be done...
    November 13, 2012 9:05 pm
    Is for the cops to stand off a bit and let more citizens handle things the way they've been handled since time immemorial. If ignorant drunk thugs had the fear of an a** kicking instilled in them then maybe we wouldn't have so many problems in this town. I wholeheartedly appreciate the police response here.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Oly80 wrote...
    why?
    November 14, 2012 1:27 pm
    give a good reason why people should be able to settle their dispute with an organized tussle that doesn't affect ANYONE else. go on...

    the police were there. they made sure nobody got seriously hurt. no property was damaged and BOTH people involved in the fight walked away from it. (just Jones wasn't limping or crying like a little girl from getting knocked out with one "sucker punch," as the little toy poodle friend claimed) it was a clean hit, jr. you couldn't have withstood it. even without your shirt on.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Oly80 wrote...
    shouldn't***
    November 14, 2012 1:29 pm
    sorry.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • green wrote...
    Seriously
    November 13, 2012 9:18 pm
    Have any of you that are griping about this ever been the victim of an assault? If so, how long did it take for police to show up? Why should we not stick up for our fellow man? Because you find it barbaric and distasteful? Guess what? I voted along the Stranger guide almost all the way through but I part from the liberal lines when it comes to my safety and that of those around me. I will go after ANYONE that is causing problems for me, my family, my friends or in my neighborhood. To do any less is to lay down and let the ignorance continue. If you don't like it then just lay down and get beat on, file the report from the hospital. Make sure you carry a white flag as well, that way good samaritans will know you'd rather get beaten up then "further the violence". Get jumped once, you'll change your tune.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • froggy wrote...
    They need to re-read the law.
    November 13, 2012 9:22 pm
    In the Seattle Municipal Code under 12A it appears to me that any fight, to be legal, has to be licensed.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Eric77 wrote...
    Self Defense
    November 13, 2012 10:12 pm
    Since most of the case law would restrict this to athletic combat or would deem fighting in the street as a breach of community peace I can't side with the "mutual combat" side. However, since this drunken idiot threated to follow him and would not leave Phoenix alone then I think he should still not be arrested based on the Self Defense statute, assuming the drunken man was the aggressor and threw the first punch. I am not a lawyer but I didn look up the statutes and I was not at the fight so it's hard to judge. I encourage others to reserve judgement too and not be quick to give an opinion until you have all the facts.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Big Zipper wrote...
    something tells me
    November 14, 2012 7:04 am
    if i got into a mutual combat fight downtown seattle i'd be arrested or ticketed for disorderely conduct, drunkedness in public, etc. But hey, I like our crime fighter and that punk got owned so whatever...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Bloodsurf69 wrote...
    Dangerous
    November 14, 2012 10:11 am
    This guy is playing a VERY Dangerous game. One day he's will run across someone that will not think twice about vaporising his face. Then you will need a new Super Zero. Life is not a comic book.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Skykomish2 wrote...
    The Pussification of the American Male goes on
    November 14, 2012 1:13 pm
    Let the cops handle our fights....
    { "Thumbs Up":"1","Thumbs Down":"-1" }
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