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Attorney was granted release of dash-cam video; what's next?

BY Jamie Skorheim  on November 28, 2012 @ 12:58 pm (Updated: 3:23 pm - 11/28/12 )

After a Seattle attorney billed an arrest caught on dash-cam "the worst police misconduct video" he'd ever seen, the Seattle Police Department held a press conference to screen the video on Tuesday.

KIRO Radio host Dori Monson, who disagrees that this is the worst-ever police misconduct video, asked Attorney James Egan, the man that sued police for its release, to join him on the show to discuss the future of the case.

"You were really adamant about getting this tape out. Do you think your client is deserving of some sort of settlement for the injuries he suffered? Are you going to go after the city for this?" asked Monson.

"That's all too preliminary right now," said Egan.

Egan explained that his client Leo Etherly, seen in the video confrontation with Seattle police officers on Oct. 6, suffered permanent, partial blindness from the incident, and more needs to be known about the nature of the injuries before they move forward.

The incident captured on video, occurred when Etherly was contacted by the police officers on Oct. 6 as they were investigating a hit and run accident in the Central District.

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

At one point in the video, 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.

Monson told Egan it seems from his observation of the video that if Etherly had just cooperated with the officers trying to arrest him all of this could have been avoided.

"If you end up going after the city or the police department, I think I'd be pretty ticked off by that because all of this was precipitated by your client's non-compliance," said Monson. "All he has to do is put his hands behind his back, get cuffed, none of this happens."

Egan says Etherly definitely should have been more compliant with officers, but if the officers were out of line and he was injured as a result, there should be a consequence.

"He's not an angel, don't misread me on that one. Certainly there was some errors he made in judgment throughout, perhaps a series of things here," says Egan.

"The officers are trained to deal with that and if they, instead of dealing with that appropriately as trained, if they cast their training out the window and let their impulses get the best of them, if that causes an injury, I think you may disagree, but the law would actually say there is a consequence to that, and there should be one."

You might also be interested in:

Police expert questions SPD tactics in controversial video arrest

Seattle Police show controversial video of alleged police brutality

Jamie Skorheim, MyNorthwest.com Editor
Whether it's floating on Green Lake, eating shrimp tacos at Agua Verde, or taking weekend drives out to the Cascades, she loves to enjoy the Pacific Northwest lifestyle as much as humanly possible.
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Comments (8)


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  • fosterken wrote...
    Leo Etherly vs. SPD video
    November 28, 2012 2:16 pm
    Yes, Mr. Etherly was non-cooperative with the SPD officers and subjected himself to required force to get him to comply.However, the striking officer over-reacted with the punch to the face, as there were already an officer on each side of Mr. Etherly holding him down. The striking officer was not in threat of harm by Mr. Etherly. I do not support Mr. Eagan's claim that this is the "worst police misconduct video" but was one showing over reaction by the SPD officer. However, this is not the basis for legal action by Mr. Etherly.
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  • 333 wrote...
    Facts
    November 28, 2012 4:29 pm
    1.Cops knew this person as a hardened crimial. 2.He failed to comply 3.He spit at the officer, which can be a life sentence if he has aids or? 4. These thugs talk to each other and don't respect nice cops.. I say job well done. Dori, you should post this poor victims rap sheet...if you got the space.
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  • NoiseMan wrote...
    Thank You Dori
    November 28, 2012 4:47 pm
    For finally writing something of value. Good piece
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  • Ron_Spins wrote...
    The reason for submitting to lawful requests from the Police are for Your and their protection.
    November 28, 2012 10:55 pm
    I have been handcuffed before I know. I never got a attitude and never got "beat up" Submit to authority in a "situation" so you don't get hurt. Rodney King was rolling on the ground trying to trip a policeman so he could snatch the gun up..it's a well known trick.
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  • hmah wrote...
    SPD completely justified
    November 28, 2012 11:28 pm
    another example of a greedy attorney trying to put a spin on a lawful and justified arrest. SPD was trying to detain the uncooperative suspect which resisted and apparently spit on or tried to spit on an officer. the suspect deserved what he got. I hope they put me on that trial. guilty for suspect innocent and justified for all officers. award = $0.00!
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  • MagneticPatriot wrote...
    How about we discuss the misconduct of the people?
    November 29, 2012 9:06 am
    C’mon let’s be realistic here. If people were honest and actually voiced what they thought after viewing the video they would think – “I guess he should of complied”, and that is putting it very mildly!

    People are responsible for their actions and Police react to those peoples actions! So we can solve cases like this real, real easy... People need to stop acting like this!

    Does anyone think that this would have been a story at all if the person just answered the officers questions?

    If some people are actually disgusted seeing this video, how about you talk and try and convince people like the one that was being apprehended to comply when an officer is asking you questions.

    I have to ask… if this guy was an upstanding citizen and wasn’t guilty of anything… Why would he spit on an officer? His lawyers says he was clearing his throat from being apprehended… Not really a great argument at all and his lawyer isn’t going to gain much traffic on that defense – ha!

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  • irony wrote...
    first of all he was being arrested so ...
    November 29, 2012 10:52 am
    that should end the discussion. the officer put his hand on the throat to keep the criminal from spitting on him, which is assault if he has aids which is unknown to the officer so he needs to protect himself first just in case.
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  • Snowbound wrote...
    Do onto others
    November 30, 2012 9:35 am
    Go to Germany and try that stunt. As soon as you start to resist it is a club across your head and then you start over when you wake up. and I dare you to run. They are trained to shoot very well.
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