Seattle police officer will not face felony charge for punching suspect in face
Dec 5, 2014, 1:13 PM | Updated: Dec 8, 2014, 12:50 pm
The King County Prosecutor’s Office has decided not to file felony charges against a Seattle police officer caught on video punching a handcuffed, highly intoxicated woman, causing multiple fractures to her face.
In a news release issued Friday, the prosecutor’s office says Officer Adley Shepherd, 38, “acted professionally and with restraint up to the point where he was kicked in the head by the suspect as she was being placed into the patrol car.”
The incident happened June 22 as Shepherd responded to a domestic violence call in south Seattle.
Shepherd arrested Miyekko Durden-Bosley, 23, and attempted to place her in the patrol car when she became combative. A State Patrol investigation – requested by SPD – determined she was “highly intoxicated” and “increasingly agitated” before ultimately kicking him as he put her in the back of the cruiser.
While the officer’s dashboard camera captured Shepherd punching the woman, it doesn’t clearly show whether Durden-Bosley actually made contact with his face as he alleged.
But the WSP report says Shepherd clearly recoiled, said “she kicked me,” and subsequently told another officer “my jaw is jacked.”
The blow fractured multiple bones in Durden-Bosley’s face, the report says.
An investigator ultimately determined Shepherd’s demeanor and actions before he punched the woman were “calm and respectful,” and appeared to follow new use of force guidelines for the Seattle Police Department.
But Robert Bragg Jr., with the Washington State Criminal Justice Training Commission, also found fault with the officer’s actions after the incident.
“Following the assault he acted in a way inconsistent with the training and policy by not using the time and resources available to him.”
“As a result he unnecessarily placed himself in greater danger and caused unnecessary and foreseeable injury to the handcuffed suspect,” Bragg Jr. wrote.
But the prosecutor’s office says while Shepherd may have had other options or alternatives, it was determined prosecutors would not be able to prove his use-of-force was criminal.
Shepherd was hired by SPD in January 2005. He has been on paid leave since the incident and still faces possible discipline from the department.
Both Shepherd and Durden-Bosley were treated at Harborview Medical Center. While medical records confirm her injuries, they also say Shepherd showed “no obvious injury.”
Durden-Bosley was jailed for investigation of assaulting a police officer, but the case was ultimately dismissed.
In a statement, the Seattle Police Officers’ Guild called for Shepherd’s return to duty as soon as possible, along with a review of its use of force procedures.
