who was the attorney in the wrongful feath of otto zehm

Full Answer

Who was Otto Zehm?

Death of Otto Zehm. Otto Zehm (October 31, 1969 – March 20, 2006) was a man with a developmental disability from Spokane, Washington who died on March 20, 2006 during an altercation with police officer Karl F. Thompson Jr. Zehm committed no crime, and on May 30, 2006, the Spokane County Medical Examiner ruled the death a homicide.

When did Otto Zehm settle his case?

Settlement of civil case. On August 22, 2012, the civil case brought by the Estate of Otto Zehm was closed following mediation and settlement. The settlement included a $1.67 million payment to the family, and budgeting for specialized training for all Spokane Police Officers more than 1 year from retirement.

How much did the city of Spokane pay for the Zehm report?

Worley submitted the incomplete report, for which the City of Spokane paid $8,800, pending the completion of other then-pending investigations of the Zehm death, including investigations by the Spokane County Prosecutor's Office, the Washington Association of Sheriffs and Police Chiefs (WASPC), and the FBI.

What was the Zehm case?

The Zehm case provoked public outrage, including protests and public challenges to the Spokane Police by critics. On July 9, 2007, in the wake of another police scandal involving the arrest on July 4, 2007 of 17 people in Spokane's Riverfront Park, a group of some 200 people gathered a block from Spokane's Public Safety Building demanding independent oversight of the Spokane Police Department. At the end of the rally, a group of people entered the street and marched to City Hall where they presented their concerns to the Spokane City Council.

How long was Zehm hog tied?

In addition to Torok's knee in his chest, Zehm was subjected to being hog-tied and placed on his chest for 16 minutes, as well as being subjected to a non-rebreather mask placed on his face without oxygen attached, thus limiting his ability to breathe.

What happened to the women at the ATM?

Two young women, who were in a car at the ATM when Zehm arrived, erroneously reported to police by phone that a man was attempting to steal money from the ATM. The women followed Zehm in their car while reporting additional information to the police dispatch by phone.

What did the police say about Zehm?

Police alleged that Zehm had "lunged" at the original officer with a plastic soft drink bottle. However, the silent surveillance video of the incident (the full version of which was withheld by the police for three months—they were initially altered by an unknown member of the Spokane Police Department to splice out scenes incriminating to Thomson) contradicted this police claim. Then-acting police chief Jim Nicks subsequently stated that he misspoke in alleging Zehm "lunged" at the officer. The video also did not provide support for the officer's claim that he paused and gave verbal orders to Zehm. Each frame showed the officer advancing at a brisk rate while Zehm, after seeing the officer advancing with his baton raised, only back-pedals slowly away.

Who was Otto Zehm?

Otto Zehm, a mentally handicapped, 36-year-old unemployed janitor, was beaten to death in a Spokane convenience store in March 2006.

Who killed Zehm?

On November 4, Karl Thompson, the man convicted of killing Zehm, was taken to jail. Several dozen members of Thompson’s gang were gathered outside the courtroom – most of them proudly wearing the colors – to “show their honor” by offering the murderer a public salute. Thompson – whose hands weren’t cuffed, in violation of long-established rules – smiled and returned the gesture. Zehm’s still-grieving mother and several other relatives stood just a few feet away.

How did Thompson introduce himself to Zehm?

Thompson introduced himself to Zehm by shouting at him to drop the two-liter bottle of Pepsi. According to the officer, the startled and puzzled man responded by quite reasonably asking, “Why?” Thompson interpreted that Zehm’s fleeting non-compliance as an immediate and intolerable threat to officer safety. So he rushed at the terrified man and began to beat him with his nightstick – clubbing him first in the legs, then on the shoulders, neck, and head. Blows to the head are defined as lethal strikes under the Spokane PD’s use-of-force policy, justifiable only when a suspect threatens the life of a police officer or bystanders.

Why did Chief Kirkpatrick assign Thompson?

A few months later, Chief Kirkpatrick assigned Thompson – who was, recall, the subject of a federal civil rights investigation – to help train other Spokane police officers how to deal with “high-risk liability incidents ,” which have been plentiful.

What was Yohe's last word before he lapse into an irreversible coma?

The last words he heard before lapsing into an irreversible coma were orders from his assailants to stop resisting.

Why was the oxygen mask placed on Zehm's face?

They were also asked to provide a “non-rebreathing” oxygen mask; this was placed over the victim’s face, supposedly to prevent him from assaulting the officers by spitting on them . This mask was not designed or intended to be used without being attached to an oxygen supply. Once the mask was placed on Zehm’s face, the traumatized and panicking man – who was already at severe risk of hypoxia – was forced to breathe through an easily obstructed opening roughly the size of a quarter.

Why did none of those line-of-duty deaths occur?

None of those line-of-duty deaths occurred because an officer was insufficiently aggressive during one of the perilous “law enforcement situations” that haunt Preuninger’s imagination.

Who was Otto Zehm?

Otto Zehm, a 36-year-old, recently out-of-work janitor who had schizophrenia, kept to himself. The exception was a small group of friends he would invite over for late-night guitar jam sessions. On most nights, he ate his dinners at convenience stores. On March 18, 2006, Zehm was in a Zip Trip in north Spokane when he was confronted by Officer Karl F. Thompson Jr., who was responding to an erroneous report that Zehm had stolen money from the ATM where he cashed his checks. After a struggle that included police baton strikes, Taser jolts and the arrival of six other officers, Zehm was hog-tied and a medical mask intended only for use with a dedicated oxygen supply strapped over his nose and mouth. He stopped breathing and died two days later.

Who was the cop that struck Otto Zehm?

After entering the store and approaching Zehm, Officer Karl Thompson struck him with a baton (shown in the image at right, taken from security camera footage) and shocked him with a Taser. Multiple officers responded to the call, hog-tie Zehm and place a plastic mask over his face. Zehm stopped breathing and died two days later.

What did the caller say about Otto Zehm?

I received a vitriolic voice mail message when I last brought that name up in a column. “Otto Zehm,” the caller scoffed. “Nobody cares about Otto Zehm anymore.”

What did the federal grand jury indict Thompson for?

In June 2009, a federal grand jury handed down two indictments against Thompson, accusing him of violating Zehm’s civil rights.

Who was the Spokane police chief when he attacked Thompson?

Assistant police Chief Jim Nicks was acting police chief at the time of the confrontation. He spoke with the news media just after the incident on March 18, 2006, and said Zehm had lunged at Thompson with a plastic soda bottle and a “very horrific” fight ensued. He said officers used the lowest level of force possible and complied with policy. But in 2008, Nicks told a grand jury that Zehm was retreating “the entire time” that Thompson was charging and attacking with his baton, according to court documents. He said Thompson’s use of the baton was “objectively unreasonable and violated Spokane Police Department use of force policies.” The testimony was detailed in documents filed in U.S. District Court. Nicks retired in 2012 after 30 years on the force.

Who was the man who was beaten with a baton?

At the Zip Trip convenience store, officers confronted Zehm , 36, who was holding a pop bottle. Zehm was beaten with a baton, shocked with a Taser and left “hogtied” on the floor.

Who is Zehm's mother?

Condon has issued a handwritten apology to Zehm’s mother, Anna, and recently, the Spokane Park Board placed a memorial plaque for Zehm in Mission Park. Also, the police department must provide crisis-intervention training for all Spokane police officers who aren’t scheduled to retire within a year and provide $50,000 for a consultant to help the city implement changes to its use-of-force policy.

Who has the right to bring a wrongful death claim?

In these states, the right to bring a wrongful death claim lies exclusively with the deceased person’s estate. In these cases, only the personal representative of the decedent’s estate has the right to bring a wrongful death lawsuit against the negligent party.

How to contact Ben Crump Law?

Contact Ben Crump Law, PLLC to discuss your case. You can call (800) 593-3443 for your free consultation today.

What is a wrongful death lawsuit?

Thankfully, every state provides for a legal action known as a wrongful death lawsuit. This civil lawsuit gives the surviving family the ability to seek compensation from the party that negligently caused the death of their loved one. If you believe your family is entitled to compensation, a wrongful death lawyer might be able to help. Call Ben Crump Law, PLLC at (800) 593-3443 for a free consultation as soon as possible.

What is a demand for compensation in a wrongful death case?

This demand seeks compensation in exchange for an agreement to not file a wrongful death case.

What is the number to call for wrongful death?

Call (800) 593-3443 today to discuss the potential compensation for your wrongful death claim with Ben Crump Law, PLLC.

What happens if a wrongful death is successful?

Instead, a wrongful death claim is a civil lawsuit. If your claim is successful, it will result in financial compensation from the at-fault party. These claims can result from any death that is caused by the negligence of another person or entity.

How long does it take to settle a wrongful death case?

Others will ultimately result in legal action. If a plaintiff files a wrongful death claim, it can take months or even years before a jury trial finally occurs.

Overview

Settlement of civil case

On August 22, 2012, the civil case brought by the Estate of Otto Zehm was closed following mediation and settlement. The settlement included a $1.67 million payment to the family, and budgeting for specialized training for all Spokane Police Officers more than 1 year from retirement. The training will focus on police interaction with mentally ill detainees. The settlement also includes a budget for implementation of new rules regarding the use of force, and a perman…

Incident and death

Discrepancies resulting from video analysis

Investigative reports

Controversy involving officers

Analysis and impact

Federal indictment and trial