Seattle police investigation into lethal shooting sustains policy violations against two officers

Seattle’s Office of Police Accountability (OPA) has found that two officers with the Port of Seattle Police Department (PSPD), who shot a man in possession of a knife near the waterfront last year, violated policy.

One officer was suspended without pay for a day, the other for three days. The OPA says the case is yet another example of why new training is needed.

Derek Hayden was in crisis last February when PSPD encountered him holding a butcher knife to his own throat on Alaskan Way and called for backup. Several officers arrived and were working on a tactical plan from a safe distance.

Two additional officers, those found in violation of policy, arrived on scene. They blocked Hayden’s path with their patrol car, got out, drew guns, and prompted Hayden with commands.

Hayden advanced with his knife “raised up.” PSPD report they recall Hayden shouting, “I need help. I need you to kill me.”

Both officers opened fire, killing Hayden.

OPA found the use of force justified, but that the pair violated SPD de-escalation policy and undermined the critical principles of time, distance, and shielding that could have avoided the need to use force. The report refers to the two disciplined officers as NE#1 and NE#2.

“NE#2 got out of the vehicle with his patrol rifle in his hands, closed the door, and moved away from cover. The subject then moved towards NE#2 with the knife and, when this occurred, NE#2’s options for responding to this in any manner other than using deadly force were extremely limited if not non-existent.”

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The report emphasizes the arrival on scene with weapons drawn as a variable which eliminated time, “the most critical factor in de escalation.”

“If there is more time, there is more opportunity to gain voluntarily compliance, build rapport with the individual in crisis, or call in more resources,” the report continues. “Had there been more time, the threat would have been minimal, and they could have taken as long as needed to reach a peaceful resolution.”

As previously mentioned, the report finds that the use of force was justified as Hayden advanced with a knife in hand aggressively pointed towards the officers. The policy violation applies explicitly to inappropriate use of force tactics used and a failure to de-escalate the situation appropriately.

The report concludes by highlighting the importance of use of force retraining in situations that are likely to escalate, such as when a suspect is brandishing a weapon. It references an OPA memorandum published after the similar Terry Caver case of spring 2020.

“Revamp SPD training for responding to subjects with knives,” the OPA recommendation notes.

“Incorporate dynamic, outdoor roleplaying exercises involving subjects with knives who are either moving toward or away from officers. OPA is committed to working with SPD to build out these training scenarios using past and current cases. In making this recommendation, OPA recognizes SPD’s current financial and personnel limitations. OPA accordingly urges City leadership to properly fund SPD’s development of this training.”

KIRO Newsradio’s Hanna Scott contributed to this report. 

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