Lawyers: SPD hiding alleged beating video from public
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SEATTLE -- Local lawyers say video of an alleged beating by a Seattle police officer is so explosive that if released, it would immediately go viral.
They claim that is the reason Seattle police are keeping the video hidden from public view. As a result, they and their client are suing the department.
Back in October, Leo Etherly was bruised and black-eyed. As for how he got that way, Seattle police dash cam video could tell that story. Except police won't allow Etherly to have a copy, and they won't allow Etherly's attorney to share his copy with the public.
Here's how Etherly tells it: "I was motionless, and he (the officer) was still punching me and says something to the effect of, 'You effing idiot.'"
Witness video shows Etherly's face after he is already handcuffed on the ground.
Store surveillance video indistinctly shows Etherly on the hood of a police cruiser.
"At that point, (the officer) throws a tremendously fast fist to Leo Etherly's eye, causing permanent partial blindness," said attorney James Egan.
But the best video of Etherly's Oct. 6 arrest would be from the police officer's own dashboard camera.
Etherly says he was first choked then knocked out, and didn't realize the extent of what happened until he saw the dash cam video.
"When it happened, I understood I got mistreated. But when I seen it, it hit me. It really hit me like, 'Wow!"' he said.
"Clearly shows choking and punching for no reason," said first amendment attorney Jim Lobsenz, who is also representing Etherly. "It's not exactly in the same realm as the Rodney King beating, which went on and on and on, but it's bad."
As Etherly's defense attorney, Egan has obtained the dash cam video. But the attorney can't share that footage as the SPD has warned him it could cost him his license. And police will not allow Etherly to have a copy.
"You don't maintain public trust by doing what the police chief is doing, which is hiding this video," said Egan.
Etherly was stopped in connection with a hit-and-run crash several blocks away. Seattle police told KOMO News Etherly was uncooperative and spat on the arresting officers; however, King County prosecutors have declined to file any charges.
So nearly seven weeks after the incident, why can't Etherly get a public copy of his own dash cam video?
Even the city's own policy says, "…any person who is shown in police dash camera video has an absolute right to request and receive video depicting their incident at any time."
Lobsenz says the city is stalling.
"They don't want this video to get to you guys," he said.
Etherly says his video needs to be made public.
"'Cause it needs to stop," he said. "I could have been dead."
Late Monday afternoon, Seattle police released a brief statement saying that Egan has already received a copy of the dash cam video, but will get another copy through the Public Records Act when the department's process is completed.
In spite of KOMO's questions, SPD made no mention of the restrictions on the first video or when this second video would be released.
They claim that is the reason Seattle police are keeping the video hidden from public view. As a result, they and their client are suing the department.
Back in October, Leo Etherly was bruised and black-eyed. As for how he got that way, Seattle police dash cam video could tell that story. Except police won't allow Etherly to have a copy, and they won't allow Etherly's attorney to share his copy with the public.
Here's how Etherly tells it: "I was motionless, and he (the officer) was still punching me and says something to the effect of, 'You effing idiot.'"
Witness video shows Etherly's face after he is already handcuffed on the ground.
Store surveillance video indistinctly shows Etherly on the hood of a police cruiser.
"At that point, (the officer) throws a tremendously fast fist to Leo Etherly's eye, causing permanent partial blindness," said attorney James Egan.
But the best video of Etherly's Oct. 6 arrest would be from the police officer's own dashboard camera.
Etherly says he was first choked then knocked out, and didn't realize the extent of what happened until he saw the dash cam video.
"When it happened, I understood I got mistreated. But when I seen it, it hit me. It really hit me like, 'Wow!"' he said.
"Clearly shows choking and punching for no reason," said first amendment attorney Jim Lobsenz, who is also representing Etherly. "It's not exactly in the same realm as the Rodney King beating, which went on and on and on, but it's bad."
As Etherly's defense attorney, Egan has obtained the dash cam video. But the attorney can't share that footage as the SPD has warned him it could cost him his license. And police will not allow Etherly to have a copy.
"You don't maintain public trust by doing what the police chief is doing, which is hiding this video," said Egan.
Etherly was stopped in connection with a hit-and-run crash several blocks away. Seattle police told KOMO News Etherly was uncooperative and spat on the arresting officers; however, King County prosecutors have declined to file any charges.
So nearly seven weeks after the incident, why can't Etherly get a public copy of his own dash cam video?
Even the city's own policy says, "…any person who is shown in police dash camera video has an absolute right to request and receive video depicting their incident at any time."
Lobsenz says the city is stalling.
"They don't want this video to get to you guys," he said.
Etherly says his video needs to be made public.
"'Cause it needs to stop," he said. "I could have been dead."
Late Monday afternoon, Seattle police released a brief statement saying that Egan has already received a copy of the dash cam video, but will get another copy through the Public Records Act when the department's process is completed.
In spite of KOMO's questions, SPD made no mention of the restrictions on the first video or when this second video would be released.
Are you kidding me????? "I could have been dead????... you got punched for acting like an aggressive ignorant fool...at what point was your life in danger...I'm willing to bet based on your behavior that was NOT the first time you acted aggressive and asked for trouble in your life, and got punched by someone...He totally lies and said he heard "shut up you idiot: by the cop?...when was that said?...Was it before or after YOU disobedient punk screamed "Never mind what my name is!!!".....This is a joke...I cannot believe it...His lawyer has him showered up, cut his hair and put him in a decent sweater and we are supposed to not notice that he is nothing but an aggressive thug who is trying to scam some free money from the citizens of Seattle for his insane out of line behavior.....Has anyone release a criminal background check on this guy?
Watched entire 28 minutes. Guy had it coming.
Act Like a Punk....get punked! Dude should of cooperated!PERIOD!
I can't understand what makes people so foolish. This is not an isolated incident and not confined to SPD. Police are paid by taxpayers to serve and protect. They have no right to vent their rage, even on criminals. There have been numerous cases of police tasing, beating, and abusing people for trivial or non-existent reasons. The police are becoming criminals with badges, who are above the law. When this conduct is excused you attract the worst thugs to the profession, who bring dishonor on the force and terrorize the public. There can NEVER be a reason to beat an unconscious man!
That dude (Arrested jackass) was completely out of control, the Police showed the proper restraint! It looked like the arrested man knew cameras were on him so he put on a show. Pathetic! How do we know the idiots eyesight didn't go bad from tainted crack? He is obviously a dope addict. His speach is that of an illiterate thug! He should of got more lumps! I saw a fool resitting arrest and now being a beach about taking his medicine.
 @Slow Down Save Fuel Are you a bad cop yourself, or how can you make excuses for this?
Seattlites must be stupid to pay off these criminal lawyers when their dirtbag clients fight with the police. A criminal runs down a pedestrian, resists arrrest when caught, assaults an officer by spitting on him and idots posters rant anti-police sentiment. What a rotten town full of ignorant people.
When a crime is committed and the Police respond to either help or protect the public....don't you want someone with 'courage' and 'authority'?  A college degree in Social Psychology and Behavioral Science does not go hand in hand with someone who has the 'courage' to do something to 'protect you' or come to your 'rescue'.  Our Police are a special services department who risk their lives everyday getting in the middle of yours and someone els's messes and deviant behavior.....'risking their lives everyday'......because of thugs and criminals who because of their very nature, fight to get away....to not get caught.....and one thing leads to another.  Attitude, resistance, struggle, wrestling, spitting, constraint,.......hormones rise, adrenaline rise, no one is willing to 'give in' ....it excellerates because there is a threat and  'survival' mode kicks in.  Bottom line is this guy/criminal is a 'thug' and resisted instead of cooperating with the people we hire/pay and give the legal power to  'Protect' us and our family's in these kind of circumstance.  So be it....   Stand behind and support you law enforcement!  The only people who don't are the criminals you should watch out for.  I don't think any of us would want a 'Police' officer to stand back and let the bad guy go......do you?
 @NWkitten It is not until you are personally affected by this unwarranted aggression that you will see the light. I hope this happens soon; that a helpless and innocent family member of yours is savagely attacked by one of these "heroes". Nothing short of that will open your eyes. The people are not supposed to follow orders from police. We are free individuals, not wards of a police state. Police should have some respect for the people who pay their salary, to say nothing about their obligation to show common decency.
 @NWkitten Why is he a criminal and thug? Aside from not being cooperative, why is he a bad guy?
 @Seattle Joe  @NWkitten If he was shot in the face....then that would of been excessive. That punch was a love tap, I saw no damage to the eyeball. A black eye aint sheet! What a kitten!
 @Seattle Joe For the reason's the officers were called to the scene. He for reasons, maybe witnesses, was chosen to question and refused to cooperate.....that is immediate admission of guilt whether he is guilty or not! Police have legal 'authority' and you must cooperate. Whether you like it or not that's what the 'people/citizens' of your community hired the policeman to catch the criminals and protect the innocent.  If you were the person who was hit and injured or killed, wouldn't you want the officer to question and find the guilty person?  This guy was uncooperative and spit in the officers face.  Now, thats not answering a few questions for discovery.  Resistance results in arrests, period.Â
 @NWkitten Restraint and arrest I can agree with. Socking the guy in the face when he is being restrained by two other officers, I'm sorry but that is excessive. This is consistent with the culture within the SPD which has such a reputation for excessive force that the Department of Justice investigated the SPD and is now in the process of administering regulations put forth on SPD. THIS IS PART OF A MUCH BIGGER PROBLEM. Â
This is only the tip of the iceberg of what SPD is hiding.
SPD making points again. Will you guys wakeup!
tkyed.
Where does it say Leo Etherly wants a hand out, too lazy to do anything with his life, he didn't cooperate, don't work, has an arrest record, don't take care of him family, is a gang member who does nothing with his life, and is a nuisance in public. You saw a black face and reinforced every stereotype possible. Hmm - people like you work on the police force. Scary.
@Hehateme Oh yeah he was standing on the corner in the central district singing church music!! Black or white has nothing to do with it so don't pull the race card. Facts are facts and you can very easily go onto the King county inmate roster website and see how many times someone has been in our local jail and what for. He is as lazy as the POS who sued the cops and is now in jail for gun charges.
 @tkyed  @Hehateme So what your saying is if I'm standing on the corner of a business block in my neighborhood, I must be up to no good? Or is it that it was a corner in the Central Distract? Or was it that he looked shifty because he wasn't white?Â
 @tkyed  @Hehateme So by your account, Leo is a drug dealing thug that had it coming to him? Is that correct? Because that seems a lot like a baseless accusation, unless your privy to surmountable evidence that the public isn't. Leo was a suspect at the time, and all charges had been dropped without being refiled by the County Attorney or City Attorney. After watching the video, even with Leo not being cooperative, I don't feel his actions warranted being punched in the face. A paramount duty of an officer is to maintain order, and if an officer snaps like that, I'm not sure he actually has the capability.Â
@Seattle Joe @Hehateme To me if you are in a gang you are a nuisance to the public same thing with being a drug dealer etc..... it warrants the excessive force. Drug dealers and gang bangers sit with a hand out and are not honest hard working citizens and jump on the opportunity to sue even if they were the one in the wrong to begin with such as spitting on the cops. And as I stated before it is very easy to do a search on someones name to find out their background.
 @tkyed  @Hehateme So what are you suggesting, that because Leo was there he was buying drugs or running with thugs, and that's what warrants the excessive force? Because isn't there a liquor store and post office there also? What do suspect Leo was doing there?
@Seattle Joe @Hehateme No it is that corner that is the known spot to score drugs. Believe me I know first hand!! I could care less if someone is black or white all it takes is a quic search of someones name and you find out a lot.
 @Hehateme Well, he certainly didn't cooperate, that's for sure:  "Etherly was uncooperative and spat on the arresting officers;"  I'm guessing YOU wouldn't allow someone to spit on you without some repercussions - not saying this guy deserved to get beat like that, especially by a police officer but, he isn't exactly some angel that was strolling down the street and attacked.  All in all, Seattle PD needs to shape up and clean up their act.  And, they need to come clean with these videos - if they have nothing to hide, release the video. Â
I have never had a problem with the SPD. Don't get in trouble you will not have problems with the so called bad cops. It's that simply people.
 @godawgs http://youtu.be/eCTR6ZqilJ0
These cops have issues and need to find new jobs in other fields. Just because it has never happened to you doesn't mean it doesn't happen.
Like i said dont caue problems you wll not have any problems with the cops. It is pretty simple.
 @godawgs Yes, if your white! This is nothing new, the violation of people's civil rights by cops, government, and the wicked has been going on since the 18th century. Particularly to people of color. Do some research John Hawkins.
@Hehateme oh please James bible, show me an innocent "victim" in komos crusade against SPD and I will show you water front property in Arizona.
@Hehateme why do you suppose the blacks make up such a small percent of the population but make up a huge percentage of the population in jail. There not in jail for doing good deeds. Like i said dont get in trouble you will not have a problem with the police white or black.
 @godawgs  @Hehateme "why do you suppose the blacks make up such a small percent of the population but make up a huge percentage of the population in jail." Why do you suppose? Must be a genetic thing where people of color are just more prone to committing crimes and being prosecuted for it, right? It has to be part of the racial makeup, oh wait, that would be racial profiling. Why do you suppose these instances between officers and the public only seem to happen when the public is a person of color?
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It's just funny to me that a large percentage who cry police brutality are thugs themselves!! This story reminds me of the guy who was kicked in the mini mart downtown and sued police for a substantial amount and now is in jail for gun charges. Too many people out there just want a hand out and are too lazy to do anything with their lives. I'm not saying police brutality is right but for gods sakes if the cops stop you for whatever reason all you have to do is cooperate!! If police brutality was happening to your average Joe who goes to work, has no arrest record and takes care of their family I would be outraged BUT when it's a bunch of gang members who aren't doing anything with their lives except for being a nuisance to the public all i can say is you should have hit him harder!!!
@tkyed It is only a matter of time until it is happening to your average Joe. It is a slippery slope, you let them get away with it here and and inch will quickly become a mile. He might be the "little guy" in that he has a criminal record but it doesn't end there.
it doesnt say if he is guily of the hit and run
Even with the feds breathing down their necks the SPD continues to screw up big time. Not releasing the video indicates that there is something that is not good for SPD to let out. Seattle used to be a great place to live and work, but now the SPD has tuned it into another New Orleans with their actions and over actions when arresting people. THINGS NEED TO CHANGE.
The SPD just needs to be more transparent. Holding evidence back almost always means they're hiding something they don't want the public to know. And don't let them kid you, these things always start at the top. Chief Diaz certainly is aware of the illegal behavior of his department and if nothing is done to weed out the bad cops then there is only one reason its not being done, Chief Diaz is dirty himself. If he's incapable of leading then he needs to resign and let an adult run the department.
They need to release the tape. Our imaginations are probably much worse than what is on the tape. I have had people resist arrest, and they have been hospitalized. I can't imagine beating someone after being detained, and I mean detained correctly.Â
There was an officer on my dept. that I could not stand. I didn't even have a good reason, but I watched him and saw him start fights and treat other officers and people like garbage. At a meeting when he flew off the handle AGAIN, I made it known to him and everyone else that I did not want to work with someone so inflammatory. I was told I would not get back up. I even wrote incident reports to have it on paper!
He's in jail now. I stood up, and a few almost took me down. It's hard, but it needs to be done. Good cops will weed out the bad, but it takes time, and unfortunately we can't fire the guy/girl next to us, it's up to the brass. Not to mention it's dangerous. Bad cops are bad people, just like any other criminal, and need to be treated as such. But being there was hard, at least I did the right thing, too bad they didn't listen sooner.
 @Yeah_and why did you quit?
 @Komo Dragon  @Yeah_and I was going through a divorce, single mom, didn't have help, then my daughter became very ill at 6 yrs old. I needed and still need to be with her. I am lucky I can stay home to be here for her and my family. I miss it, the good and the bad. Sometimes I just want to go back so bad. Like it's in my BONES! I wouldn't be the mom I am if I was still out there, it's better for my family now. Maybe not so good for me all of the time. I feel like it would be selfish of me to go back, and my husband of 10 yrs now does NOT want me out there.Â
I'll live..but it is really hard.
I'm old fashioned, like the Americans, our grand paretns that built the very Country we live in
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I don't feel sorry for someone that committed and crime and fled.
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I don't feel sorry for someone that resisted arrest - and then got the worst of the bargain.
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His attorney has a copy of the video. No one is hiding anything and what you see on film does not - never does - tell the entire story of how things unfolded.
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It would be wonderful to be able to walk outside and down the streets of Seattle alone at night, wouldn't it? Until you support your police, that will never happen. And before you get your dander up, step back and think how every day, every month, Seattle is getting more and more like Oakland, CA.
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You will never get your streets back and soon you too will be impacted. But then, it will be too lateÂ
I'm not condoning excessive force by police HOWEVER I do find it somewhat interesting that not all but a large percentage of the people I see on the news that claim police brutality and are quick to sue sure have a lot in common!!
Just more corrupt cops. Don't have any faith or respect for them as a whole. I'm sure that all of them are not bad, so why doesn't the good ones clean their own house? Ever seen Full Metal Jacket? I am not saying this guy Etherly is a saint but come on. I'm nor saying that he should sue for millions, but throw the offending cops in jail. Having a badge shouldn't mean that you are above the law. Around here it does for some reason. Sad thing is we will continue to hear stories like this and others for a long time. Nothing will be done with this except promote the cop to lieutenant.
Not that I'm condoning the force used... but let me ask Etherly a question: Why didn't you just do what the LEO's had asked you to do? Why did you resist? You spit on me or anyone else and you're probably going to get stomped on. Another thug looking for a handout.
It certainly would be nice to have KOMO give us the whole story. What led up to this?
Amazing how this police department is still functioning with all the corruption and bad apples rolling around in this department, oh never mind, they have guns and stinking badges...
The SPD might as well release the video; the damage has already been done. The imagination has no limits, and by refusing the publish the video, the SPD makes it look like they have something to hide.
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Not good. Not good at all.
Not looking good. Etherly has some problems though. He was in a hit and run, which is a bad one to begin with, and he resisted arrest, probably setting off the cops hormone production with some level of violence. I am not condoning violence but if someone attacks me at some point I will go ballistic. It's hard to control. Not trying to excuse the officer, but there may be a lot more to the story than what the video shows. If you surrender, no cop should beat you, if you don't, you might have to take a few. Otherwise there is no chance of law and order. Â
 @Komo Dragon "It's hard to control"
What about the fact that they are high paid professionals who are there to MAINTAIN CONTROL.
@Komo Dragon There may be more to the story than the video shows, but that does not give the SPD the right to withhold the video.
 @Waif  @Komo They released it to the plaintiff which is part of the discovery but they don't have to release to the public. Protective orders are quite common.
What is the sense in having public disclosure laws if our government gets to pick and choose what information they want to release to the public. It's OUR government damn it!