Seattle police release dash cam video of man's alleged beating
SEATTLE -- Seattle police have released dash cam video of officers detaining a man who has sued the department alleging excessive use of force.
Police publicly released the video Tuesday after Leo Etherly and his attorneys alleged Seattle police were trying to keep the footage hidden from the public.
Etherly was bruised and black-eyed during his Oct. 6. arrest in connection with a hit-and-run crash involving a bicyclist several blocks away.
Seattle police told KOMO News Etherly was uncooperative and spat on the arresting officer; however, King County prosecutors have declined to file charges.
Etherly said he was first choked then knocked out while being detained by three police officers, first on the hood of a patrol car and later on the ground.
"Mr. Etherly was really injured from this. He has permanent partial blindness. He has split vision -- double vision, which will probably be permanent," said his attorney, James Egan.
First amendment attorney Jim Lobsenz, who is also representing Etherly, said the footage "clearly shows (officers) choking and punching (Etherly) for no reason."
But Seattle police spokesman Sgt. Sean Whitcomb said the officers use of force was in response to the man's resistance.
"The officer's trying to have a physical control over the man's arm, but he doesn't want to be held by the officer," he said. "They made efforts to use a minimal, very unintrusive amount of force to de-escalate the situation, to calm things down."
Etherly, on the other hand, was acting aggressively, Whitcomb said.
"Ultimately, you may as well punch someone if you spit on them," he said. "And the idea is it's assaultive behavior to officers who are doing their job, who are trying to place someone in custody."
Prosecutors have declined to file charges against Etherly in both the hit-and-run case and the alleged assault case involving Etherly spitting on the officer.
Whitcomb said the department's Office of Professional Accountability is reviewing the use of force in the incident, including the officer's placement of his hand on the detained man's neck.
Prior to its release on Tuesday, Etherly and his attorneys claimed police were trying to hide dash cam footage of the incident after police failed to respond to Etherly's Oct. 10 request to obtain a copy of it. He has a right to request that footage under the city's own policy, which states "…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."
One of Etherly's attorneys had been given a copy, but Seattle police warned Egan not to share it publicly as doing so could cost him his license.
Late Monday, Seattle police released a brief statement stating Egan had already received a copy of the footage for his own use, but will get another copy through the Public Records Act when the department's process is completed.
Police publicly released the video Tuesday after Leo Etherly and his attorneys alleged Seattle police were trying to keep the footage hidden from the public.
Etherly was bruised and black-eyed during his Oct. 6. arrest in connection with a hit-and-run crash involving a bicyclist several blocks away.
Seattle police told KOMO News Etherly was uncooperative and spat on the arresting officer; however, King County prosecutors have declined to file charges.
Etherly said he was first choked then knocked out while being detained by three police officers, first on the hood of a patrol car and later on the ground.
"Mr. Etherly was really injured from this. He has permanent partial blindness. He has split vision -- double vision, which will probably be permanent," said his attorney, James Egan.
First amendment attorney Jim Lobsenz, who is also representing Etherly, said the footage "clearly shows (officers) choking and punching (Etherly) for no reason."
But Seattle police spokesman Sgt. Sean Whitcomb said the officers use of force was in response to the man's resistance.
"The officer's trying to have a physical control over the man's arm, but he doesn't want to be held by the officer," he said. "They made efforts to use a minimal, very unintrusive amount of force to de-escalate the situation, to calm things down."
Etherly, on the other hand, was acting aggressively, Whitcomb said.
"Ultimately, you may as well punch someone if you spit on them," he said. "And the idea is it's assaultive behavior to officers who are doing their job, who are trying to place someone in custody."
Prosecutors have declined to file charges against Etherly in both the hit-and-run case and the alleged assault case involving Etherly spitting on the officer.
Whitcomb said the department's Office of Professional Accountability is reviewing the use of force in the incident, including the officer's placement of his hand on the detained man's neck.
Prior to its release on Tuesday, Etherly and his attorneys claimed police were trying to hide dash cam footage of the incident after police failed to respond to Etherly's Oct. 10 request to obtain a copy of it. He has a right to request that footage under the city's own policy, which states "…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."
One of Etherly's attorneys had been given a copy, but Seattle police warned Egan not to share it publicly as doing so could cost him his license.
Late Monday, Seattle police released a brief statement stating Egan had already received a copy of the footage for his own use, but will get another copy through the Public Records Act when the department's process is completed.
They should of beat the S---t out of this loser. You want to act like an animal then you should get beat like one. Go PD
Ever since the homeland security and patriot act were passed, A black president was elected, these guys have gone full goose bozo on civil liberties. . Your civil servants first. Act like ladies and gentlemen and quit acting like high school special class goon bully's and watch the respect you get in return.
We made you straighten out in the 60's and early 70's. When we stopped a war. Put the top law enforcement officer, John Mitchell in jail until he died and threw a president and Vice President out of office. We can do it again now. You can't keep getting away with abhorrent behavior. To much audio visual equipment walking around.
If you guys wind up in jail they will have to isolate you.
Now knock it off and act like your supposed too. "TO SERVE AND PROTECT".
NOT BEAT, MAIM OR BLINDÂ SOMEONE.
GROW UP..
3 officers.. count em THREE BIG GUYS! and you wanna tell me they had to use excessive force to keep ONE guy down? BS! all 3 should lose their badges. 12 year old boys with tight martial art skills could've controlled this situation better.
I am not sure whether it is a lack of training behind the continued excessive force the SPD demonstrate or an unspoken policy; but I would certainly like to see it stop. On the other hand, in some cases it looks like the officer is too involved and should let his partners step in while he stands back.
He deserved it.
 @Ron Holt If they did it, he deserved it. What else is new, Ron?
SPD has issues, no doubt about it. I just don't feel any sympathy for this guy. He was being arrested for hit and run after hitting someone on a bicycle. He spit on the cop. That, in my opinion, is more provacative then if he had swung a fist at the cop. In the war on the unruly SPD, I would pick a different battle.
 @Joe Sixpack 1. He was not charged with any crime. He was innocent, but the cops treated him as if he was guilty.
2. He spit because the "aggressive" cop started choking / shoving the innocent person. Technically, I would call this assault on the part of the "aggressive" cop.
 @Stock Woodie  @Joe Sixpack if your innocent then why the hell would you be yelling at the police? I don't care if your innocent or not if you don't show respect don't expect it in-return. If you do what they tell you to do you don't get choked. If you refuse to let him put cuffs on then except it. If you are innocent then it will all workout. Nothing goes right when you fight with the police.
 @Tom Jerry If I was innocent, your darn right I'd be yelling at the cops and NOT want to be cuffed/restrained. What gives them the right to bully innocent citizens. SPD should be sued. Why should I do what they say so I don't get choked? No thanks.Â
I'm white and I don't go near Seattle because of the Seattle Gestapo. If they don't beat the crap out of you, they'll just shoot ya. takes a real brave man to punch some guy in the face while two other guys are holding him down. Yeah the guy who got punched was a jerk and was resisting but does that excuse the punch he got? Bullies with badges. As for me I'll just stay the hell out of Seattle and avoid cops at all costs.
 @Justice Amen. Sadly I have to deal with Seattle everyday. Ive seen the worst kind of treatment by the SPD. Not just towards blacks and latinos, but protesters, students and homeless people. They definitely have rage issues aside from their racism issues.
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I dont know a latino or black or native person who grew up in Seattle that hasnt been assaulted or harassed by the SPD at least once in their lives. Im talking about god fearing, decent people who have never committed a crime in their lives. And not poor 'ghetto/barrio/rez types. UW grads, Ph.D students, Law students, Med and Nursing students, men and women. Its really sad.  I once watched an officer jumpkick (from behind) a mixed race/latino man standing minding his own business. No announcement. No 'freeze'.  No 'can I ask you questions'. Not even a chase. He and his partner ran up to the guy who wasnt aware, jumped kicked him to the group and started beating him yelling "stop resisting". It was literally horrifying. They seemed to enjoy doing it.
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These guys are a taxpayer funded menace, and I guarantee the only people who support them are fringists and people who dont even live/work in Seattle (rural types, kitsapers, and eastsiders).
Lol, Im reminded of the Chris Rock video:
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http://www.youtube.com/watch?v=Fhq0NDkUViQ
 @Rick4001CS http://www.youtube.com/watch?v=eDJrQBwJpqk
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This is a better video, created not by a comedian, but 4th amendment attorneys.
 @Rick4001CS I am white and chris rock is a riot - way better live! ... have you heard the baby daughter one...something about if your daughters a stripper....
WAAAH!!! I WANT SPD to continue protecting my neighborhood and family....you walk a DAY in their SHOES and report back....!!! AND if this guy simply COOPERATED instead of being a D*CK....things probably would have turned out better for him!! :o)
 @AlaskaGirl01 The guy was innocent. He can be a d* if he wants to.
 @AlaskaGirl01 Thats because you are white. If you are a nonwhite, the SPD are NOT protecting you, they are basically enforcers. Another group aside from criminals that will harass and victimize you.
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Try seeing things from any other perspective than your own for a change.
@B. Stockman @AlaskaGirl01 .......HEY "B. Stockman" i see the WORLD in a NON-COLOR picture!!!! Bottomline...the guy was a D*CK no matter what COLOR he was!!!  :o)Â
 @AlaskaGirl01 Absolutely.  All he had to do was cooperate and nothing would have happened.  It was as though he was trying to create a conflict and escalate it into something.
He's lucky it didn't happen here in Las Vegas, Metro would have deleted him.
The guy raised his left fist when they tried to apprehend him. Then he yelled about being choked when the officer's palm was on his chin. Makes me wonder if he has a history of slipping on banana peels in grocery stores?  I dont know the SPD use of force standards but if a citizen punched his lights out for getting spit on it would not be an issue at all.Â
I didnt see him spit at an officer. In fact, we know SPD officers will LIE about actions to justify excessive force after the fact.
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Shandy Cobaine claimed that the latino man he hurled slurs and and stomped 'spit at him' as well. The video came out and revealed it to be a lie.Â
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The SPD have ZERO scruples and a serious bigotry problem.
 @B. Stockman Suggest you re-read that article because he was awarded an 'ADDITIONAL 1.5 million' he got way more than that... actually his family did as the poor guy is likely just a vegetable now... another +1 to get glasses
 @Freespeech The 'additional' 1.5 million was to COVER MEDICAL COSTS...BECAUSE HES NEAR BRAIN DEAD from the KCSD officers assault . which, again, was just for kicks. The officer had ZERO validation and lied about it. Had the video not come out, his lie would have passed and he would still be working.
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I suggest you re-read the article friend.
@B. Stockman   or maybe some glasses??
 @B. Stockman If you didnt see him spit, maybe you should watch the video again. While you are at it, count how many times he refused the requests of the first two officers before the third one ever showed up. He was aggressive, showed all the classic signs of aggression and escalation AND the police had no way of knowing if he was armed or not. I personally am beginning to think you suffer from your own brand of bigotry and hatred.
 @Susabelle Ever heard of the 4th amendment? An officer cannot compel you to do more than give your id and halt.
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The SPD have a 'old klan in the south' style mentality. Any black or native or latino person in the City is not only automatically suspect, but they feel they have a duty to harass and beat members of those communities into submission.
 Is he intentionally pushing the envelope hoping for a civil rights award like the other one the city recently paid out for over $1.5 Million?That guy got his money just in time to pay the bail on his latest charges. Eltherly probably figures a black eye is less risky than stepping in front of a bus for the insurance money and the payout is considerably higher.
 @joefuss The 1.5 million to Chris Harris was because a KCSD officer rendered him brain damaged from crushing a mans skull against a wall, and seemed to do it for kicks. 1.5 mil wont even pay the guys medical bills for the rest of his life.
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Nice try.
 @B. Stockman Suggest you re-read that article because he was awarded an 'ADDITIONAL 1.5 million' he got way more than that... actually his family did as the poor guy is likely just a vegetable now... another +1 to get glasses
The suspect shouldn't have spat on the officeer, but the third officer initiated it. Truthfully the police department was clearly in the wrong and I hope they pay dearly for this. Two things wrong with the police department: Their training is obviously out of whack and something needs to be done with the ego of these hotshots like the officer that initated and agitate this situation. It's long overdue the department needs to be cleaned up, beginning with the so-caalled chief and his command staff followed by all the slime in the department. In addition, something needs to be done about the so-called police guild and their mouthpiece oneal ! These guys need to understand they are servants and working for the public and get above and beyond this self serving egotistical crap. If the mayor and city council doesn't do something soon, then it will be time for the citizens to step up and take care of it on their own. The citizens of Seattle deserve much better than what we have now. Seattle Police, what a poor example of an organization !!!!!
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 @seacougr ? Are you serious?....You have no idea what was being said and done by the suspect outside of this short video of this situation....the suspect was aggressive, screaming at the officers, refusing to give his name, waving a freshly lite cig around like a mad mad, refusing to turn around to get handcuffed, screaming "what are you gonna do? shoot me then!", kicking the officer, spitting on the officer, and what appears to be also trying to bite his hand!!!!!  In what way are the officers acting with egos?....SPITTING ON AN OFFICER S ALSO A felony offense, and considered just as threatening as punching one!!!! You have no idea what else was going on here...NO LAW ABIDING DECENT CITIZEN WOULD HAVE ACTED LIKE THIS MAN DID...HE WAS OUT OF CONTROL AND A IGNORANT FOOL AND HE GOT WHAT HE DESERVED, THIS NEVER WOULD HAVE HAPPENED TO SOMEONE COMPLYING...I FEEL SAFER KNOWING SEATTLE POLICE DO NOT TAKE THREATENING BEHAVIOR LIKE THIS FROM TRASH .
 @ArchitectinTraining  @seacougr Police are trained to deal with this stuff. They see guys like this all the time. This isn't anything new for them. It doesn't matter what anyone thinks the guy deserved, he didn't need a right hook to the face to be cuffed by THREE cops. All I saw was a cop who couldn't control his emotions.
@ArchitectinTraining @seacougr  AMEN TO THAT!!!
 @ArchitectinTraining  @seacougr Had no idea what was said and done?
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How many SPD officers have been shown to LIE on and off camera to cover for their excessive force? We already know they target minorities and have a serious racial HATE problem.
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If you buy the idea that 'we dont know what happened before the camera went on', you probably believe the SPD 'magically lost' the 10,000 hours of dash cam footage of their interactions with civilians that resulted in excessive force, or that they were just 'following procedure' when they refused to turn over this tape.
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This isnt 1968 alabama. The people arent going to fall for this kind of blatant police abuse and tax payer funded racial animosity.
 @ArchitectinTraining  @seacougr You are a retard. Spitting isn't ok but 3 guys beating up 1 person is real manly.
 @ArchitectinTraining  @seacougr You live in a fantasy world. Have you ever had the opportunity to be involved with an altercation with a police officer? Some of us have. MIne were a long time ago where I was beaten senseless in a holding cell. There are dirty cops out there. There was one in this video. The other 2 officers seemed to be rational really intelligent police officers. They didn't resort to violence. The other officer was obviously all amped up over something. Could be steroids, could be just a citizen that was using his 1st Amendment rights to tell the officer what he thought of him.
Cops are punks with badges. Etherly did do something wrong, yes. Does that give the cops authority to go around and beat people, NO! Take away their badge and see how tough they are. They were all kids that got picked on and got a badge to go back and punish everybody else. The third hot head cop needs to beaten himself. I think as a good paid professional he should step back and take a breather before he exploded. And yes all of the police officers took the job by choice. Their is no draft to be a police officer. If he can't handle it get another JOB!
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 @NickM1979 Why is it that whites are always defending white officers who beat, shoot or murder unarmed aggressiveness blacks or latinos?
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Blacks are rude, but whites who hide their purses or make racist jokes or stereotypes or refuse to hire or promote blacks due to skin color arent? Did you know that this very moment, a white ex convict is more likely to get hired than a black college grad? Or that blacks are paid 85% cents for every dollar whites are?
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Take your prejudice somewhere else buddy. Its sad that the only folks the SPD can get to defend them are racists.
 @NickM1979 Actually, this has nothing to do with black, white, mexican or whatever. It has EVERYTHING to do with a punk that didnt seem to think he should answer a few questions and became belligerent.Â
 @Susabelle  @NickM1979 Ever heard of the 1st amendment? An officer does not have the right to assault you for speech. In fact, unless you are a threat, attacking you is effectively battery. This isnt Iran and we dont have a military police and a nonconstitution society. That man had the same rights to say whatever he wanted as anyone else.
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The SPD only attacked him because, as the DOJ and UW studies revealed, they have serious racial intolerance problems. If you have a badge and a chip on your shoulder for how much you hate blacks/natives/latinos, odds are you will find a reason to rough up as many as you can, and if you cant find a reason you will lie and make one up (see shandy cobane and ian burke).
 @LChees  @Susabelle  @NickM1979 Its NOT illegal to ID yourself, its illegal not to hand over your ID.
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There is no law compelling you to answer ANY question by an officer. Perhaps you should take a course on 4th amendment law (its not 1st amendment that protects you from unreasonable search and seizure, its the 4th), because you dont seem to be fully aware of it.
@B. Stockman @Susabelle @NickM1979 Regretfully not all Americans have the right to say whatever they want to say. Racially charged speech or denegration of anothers gender or choice of alternative lifestyle is considered to be illegal in all 50 states. Free speech is a myth. Some speech directed towards a specific group may be considered a hate crime while the same speech directed at another group is not considered a hate crime. Doesn't make sense does it?
 @LChees What does that have to do with giving the perp a right hook?
@B. Stockman @Susabelle @NickM1979 ACtually maybe mr. law abiding citizen... you should read up on the law. It is illegal to refuse to identify yourself to law enforcement when they ask for it. Which is why, if you do not provide your name and dob at the time they ask they can take you into custody until they CAN identify you! Read up on that one! The 1st amendment doesn't protect you from that. Its the right of free speech. So he can say what ever he wants but he can not refuse to tell them who he is!
How is the bicyclist he hit and ran doing?
 @al_wa Actually, he wasnt even the guy that did that! That is what just confuses the heck out of me. If you are innocent of a crime and being questioned.........why be such a jerk? I was thinking about this, and what I would do in a similar situation and in all my imaginings I couldnt even come up with a single thing that would drive me to ignore instructions from a police officer. Would I be scared, oh yeah I would, but the police would have gotten my name, license, registration, " how can I help you officer" is the appropriate response. I dont have a single ounce of pity for this guy.Â
 @Susabelle  @al_wa Disagree. F the police.
The big problem I still have is that SPD was trying desperately to HIDE this video, to the point of threatening the suspect's attorney and refusing to give a copy to the citizen suspect pictured in the video in CLEAR violation of printed policy.
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The me, that says "guilt" even more than does the recorded action of a bully officer.
@JLS1950, the big problem I have with your post is you assume that SPD was trying desperately to HIDE this video. There is a process to be followed in releasing such videos and that process was followed.Â
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So, what do you think now that your "big problem" was the result of your own ignorance?
 @StringerJoe We already know the SPD has hidden dashcam footage. The DOJ's investigation revealed that. The Times and KOMO already had stories on it. JLS isnt 'assuming' anything. Its what happened. Chief Diaz all but admitted it.
 @StringerJoe They gave a copy to the attorney and then threatened his license to practice law if he dared release it to anyone; and they refused repeated requests to give a copy to the suspect/defendant as required by their own published policy: that sure sounds to me like an effort to conceal the video!!!
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Whose ignorance?
@JLS1950 , yours, of course. Contact SPD command and ask them why they couldn't release it sooner, then maybe you wouldn't come off looking like a complete fool.
@B. Stockman @Susabelle @JLS1950 , they got the video didn't they? Are they supposed to receive it as soon as they request it?
 @Susabelle  @JLS1950  @StringerJoe Public disclosure laws say that ANYONE WHO REQUESTS A PUBLIC VIDEO/DOCUMENT that isnt classified has a right to it. Sorry, youve got it wrong.
 @JLS1950 If you are concerned about this, then by all means voice your concerns about the SPD. I have read what the SPD response was and personally do not feel the need to fear a conspiracy or be concerned about the police hiding things.Â
 @Susabelle Please explain why SPD did not release the video to the subject suspect detainee after repeated requests...
 @JLS1950  @StringerJoe Actually what is released to an attorney and what is released to general public do not go through the same process. An attorney does have access to privileged information and has a responsibility to keep it so until it is formally released. Not surprised at all and it does not equal conspiracy. Frequently judges and law enforcement decide in what manner information is to be released to the general public while they are in the middle of an investigation. They went through proper channels and released this information. To be honest, I'm beginning to doubt the attorneys in question even watched this one, certainly I am not seeing the same thing their sensationalists claims first implied.