Washington and Seattle Injury Lawyers Phillips Webster » wrongful death lawyer

Witness to Federal Way Police Shooting Disputes Police Account of Events With Video Evidence

Law Blogger — Fri, 03 Sep 2010 18:28:47 +0000

Police firing their guns seems to have become a little more prevalent this week in the Puget Sound area than normal. Most of the time when a officer opens fire it is because their training has kicked in due to the situation displaying a serious threat to their lives and the community. But twice this week it seems that the use of deadly force has been brought into serious question and the events leading up to the killings, as depicted by the law enforcement agencies, were biased.

The first shooting happened on Monday when a Seattle Police Officer opened fire on a man sitting on a street corner carving a piece of wood. The officer said that the man approached him with a knife, but a witness to the shooting neither saw a knife nor did he see aggressive action on the part of the victim. Though the victim was a habitual homeless inebriate, he had no history of violence and the knife was not under the definition of a deadly weapon. The SPD is currently investigating.

Then on Tuesday, police spotted a stolen truck, which prompted a slow-speed chase that began in the WalMart parking lot on 16th Avenue South. Police tried PIT maneuvers to run the suspect off of the road, but were unsuccessful until yards from the victim’s front door where they were able to successfully ram the pickup off the road causing it to crash through a fence at South 360^th.

It is the moments after the crash that a witness disputes the events that lead to the death of 23-year-old Dave Young.

Wrongful Death

Federal Way Police say that, as an officer approached the truck from behind, the driver threw the truck in reverse started advancing the truck toward the officer “in an aggressive manner,” according to Cathy Schrock, a spokeswoman for the Federal Way Police Department. The officer fired to “stop the threat of being seriously injured.”

The officer opened fire, shooting 8 to 10 shots, one of them hitting Young in the back of the head, killing him instantly.

It was only seconds after the shooting that a witness, the owner of the fence, was able to flip his video camera on and caught some of the details of the crime scene. These details are in conflict to those given by police, even in the explanation given by an officer on the videotape telling the homeowner what and how the incident happened.

Skip Leingang, the son of a retired Sheriff’s Deputy, was the man who shot the footage. Though he is a staunch supporter of law enforcement, he felt it was his duty to reveal his footage to the media prior to releasing it to law enforcement.

The reason for this is that, as Leingang explained, after police rammed the truck into the fence, the truck was high-centered, balanced on a broken post, with the back wheels raised off the ground. The truck is a rear-wheeled vehicle that could have never reversed in that position.

When the truck was removed the post was facing one direction, but Leingang said that his fence post was facing in the opposite direction under the truck. He said it was pulled back like a lever when the pickup was towed out.

This shows that the truck did not surge back, move, or pose any kind of threat to the arresting officers. That is why deadly force has been now brought into question.

Wrongful Death Attorneys

Both of these cases, as investigators sort through the evidence, are hampered by the fact that the very agencies that are under suspicion are the agencies that investigate the incident. This has long since been a problem in law enforcement that has led to a serious rift in whole communities with their public servants that are sworn to protect them.

It is important for the community to be confident that their local law enforcement officers. They are humans and make mistakes, but are trained to recognize dangerous situations. But this does not exonerate them from accountability for their actions during these situtations. It is their job to keep a level head and to seek a resolution rather than violence. Perhaps area law enforcement has veered away from that as of late.

Accountability cannot solely be left on the side of law enforcement. It is the victim’s families right to seek justice through civil court. It is a way for them to send a message to those who wrongfully killed their loved one that there is a price to pay when proper procedures are overlooked.

Phillips Webster represents families of victims who have been wrongfully killed in Washington State. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to assure the you get the compensation you deserve.

Call Phillips Webster today for a free consultation.

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Wrongful Death Lawyers: Man Killed by Falling Tree During Logging Accident in Sumas

Law Blogger — Fri, 03 Sep 2010 16:14:29 +0000

Logging is listed as the most dangerous job in North America behind fishing. Trees are giant, heavy, unpredictable when they’re cut, cover a large area when the fall, not to mention the fact that sometimes they roll. An Everson man found this out yesterday morning with fatal results in the second logging accident this week involving a falling tree.

A 75-year-old man from the Everson area was volunteering his time to cut trees for a church camp in the 9400 block of Heady Road off Reese Hill Road, east of Sumas, said the Whatcom County Sheriff’s Office.

Authorities said another man was cutting down a tree at about 10:40 a.m. when it split and fell, fatally striking the Everson man.

Emergency crews rushed to where the logging accident happened, but they were too late. He was pronounced dead at the scene.

His identity hasn’t been revealed pending notification of the family. Our condolences go out to them and the Everson community.

Volunteerism is a noble deed that more Americans should participate in. Helping the community is an important part of creating a thriving community. But just because it is a community or church volunteer project doesn’t mean that they are not compliant to the same general safety standards that employers and government agencies have to adhere to. It is important that we keep our workers, volunteer or not, safe from harm.

If you or a loved one has been wrongfully killed due to the lax or negligent procedures of a company, government entity, or organization then it is important that you find a legal representative that is experienced in wrongful death lawsuits to represent your interests and assure that you get the compensation you deserve.

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Wrongful Death Lawyers: Man Whittling with Knife Shot by Seattle Police Officer

Law Blogger — Tue, 31 Aug 2010 21:54:22 +0000

The Seattle Police Department has been in the news a lot lately and not in a good light, particularly when YouTube is involved. It seems that now-a-days everyone is a videographer with their phones, taking long movies of Seattle police punching jaywalking teenage girls and kicking innocent Latino men in the face. Now, the reports of excessive force have begun to crescendo with the death of a man yesterday afternoon downtown.

The officer was patrolling about 4:15 p.m. when he saw the man at the intersection of Howell Street and Boren Avenue. The man had a piece of wood that he was whittling it with a knife (whittling is carving wood with a sharp instrument).

A Seattle Police Department spokesperson said that the officer found this behavior peculiar so he stopped his car, exited his vehicle, and confronted the man. At that point, the spokesperson said the victim stood up and advanced toward the officer.

The officer gave the whittling man a loud command to stop and drop the knife, but apparently the man kept advancing, at which point the police officer shot him several times at close range.

Investigators did not say how many shots were fired, but witnesses in nearby buildings said that they heard between 3 and 5 shots. When they looked out of the window they told police that the victim definitely looked dead.

A second witness said that several bike officers arrived right away and the man received CPR, but he died at the scene.

There was a third witness who said he was familiar with the shooting victim because he often saw him asking for money on street corners between Stewart Street and Denny. The witness said that he saw the incident from the 1700 block of Boren Avenue (one block away, uphill from the scene). The man said he heard the officer tell the victim to stop, but claimed the man didn’t have a knife at the scene.

A Police spokesman said that the knife was recovered at the scene. The victim’s identity has not been released, pending an autopsy and family notification.

Seattle Municipal Code

This incident and the rules of the Seattle City Municipal Code may clash with a few simple rules. First off, the police didn’t reveal what kind of knife the man was using and how large it was. This is a crucial piece of information because it could be the difference between a justified police action and an excessive use of force resulting in the wrongful death of a man.

Seattle municipal code (SMC 12A.14.010) defines a dangerous knife as “any fixed-blade knife and any other knife having a blade more than three and one-half inches (3 1/2″) in length.”

The code goes on to say that a “’Fixed-blade knife’ means any knife, regardless of blade length, with a blade which is permanently open and does not fold, retract or slide into the handle of the knife.”

Seattle municipal code (SMC 12A.14.080) says that it is illegal to “Carry concealed or unconcealed on his or her person any dangerous knife, or carry concealed on his or her person any deadly weapon other than a firearm.”

Where the behavior of the officer may be justified is in Seattle municipal code (SMC 12A.14.075). That section states, “A person is guilty of unlawful use of weapons to intimidate another if he or she carries, exhibits, displays or draws a dangerous knife, any knife with a blade that is open for use or a deadly weapon other than a firearm in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another person or warrants alarm for the safety of other persons.”

Washington Wrongful Death Attorneys

The spokesperson for the Seattle Police Department did not elaborate on whether the man, though approaching, was using intimidating or threatening body language or verbal language. Even if the knife was considered above the allowable knife length or was a fixed blade, was the victim wielding it in a threatening manner that constituted the officer to discharge his weapon?

The number of shots fired also comes into question. A single shot is deadly. Several gunshots are certain to kill any normal individual. The actions of the officer from initial reports sounds as if they killed the victim instantly or used a fatal amount of force. Shooting to either wound or stop the individual may have been enough to subdue the individual.

Then there is the question of whether whittling in the city is illegal and why an activity that has been done by humans since the invention of the first stone tool 1.6 million years ago has now all of a sudden become “peculiar” behavior.

There are many questions surrounding this incident. But it may just add another brick to the wall separating the police from the citizenry that, through stories like this that seem to be coming more prevalent in the Seattle area, could result in a backlash that might result in more untimely deaths of police officer like those that died last year at the hands of crazed vigilantes. We can only hope that everyone, citizens and law enforcement, can keep level heads and lines of communication open.

Update 9-1-10: Police confirmed in a press conference on Wednesday that the blade was 3 inches long. They did not specify whether it was a fixed blade knife. They said that the officer shot the victim four times from 9 feet away.

Update 9-1-10: The victim has bee identified as John T. Williams, a member of the Nuu-Chah-Nulth first nations in British Columbia. There was confirmation that the knife he was holding was not a fixed blade knife and that he often used it to carve wood as a regular past time. He was usually homeless and inebriated. He has a series of misdemeanors mostly related to drinking.

If you or someone you know has been personally injured or wrongfully killed by the policies of a municipal, county, state, or corporate policy or action it is imperative that you have legal representation that can protect your best interest and seek the compensation you deserve. Call the wrongful death attorneys at Phillips Webster for a free consultation.

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Wrongful Death Lawyers: 3 Killed in Speeding Accident in Spokane, DUI Suspected

Law Blogger — Mon, 30 Aug 2010 21:14:17 +0000

Speeding in Washington is a major concern for law enforcement. So much so that the state has issued a grant to many counties to post extra patrols targeting speeders on some of the most hazardous roadways. Yet, the extra patrols can’t catch everyone and there are some people who choose to test their vehicle and their experience, sometimes with fatal results like what happened this weekend in Spokane.

Investigators from the Spokane sheriff’s department said the 1991 BMW 325 was headed west when the driver lost control on a right-hand curve at 44th Avenue and Eastern Road. The car sailed off the roadway, sheared off a 15-inch-thick pine tree, smashed into another tree. The impact demolished the car and killed the driver and two passengers.

Investigators estimate that the car was going 90 mph in a 25 mph speed zone when the car accident.

A passerby discovered the crash and called the sheriff’s office around 5:30 am. The time of the collision is unknown but when officers canvassed the neighborhood a person that lived near the wreck reported hearing a speeding car around 11:30 Saturday night.

A bottle of whiskey with only a little left was found inside the crumpled car, as was a shotgun that was smashed in half by the impact.

Two of the occupants were tentatively identified as 21-year-old Spokane residents, but the third carried no identification, Sheriff’s deputies said.

The Spokane County Medical Examiner’s Office will release names following autopsies later today.

Our condolences go out to the friends and families of the deceased.

Speeding is the leading cause of death in men ages 15-35 and that statistic just doesn’t seem to change even though there are measures taken to control that such as education, television commercials, and (as mentioned above) extra enforcement. Many young male drivers die while speeding alone in their cars, but when they have passengers they are responsible for those lives and taking risks such as speeding and drinking are not reasonable decisions.

Please don’t speed.

Phillips Webster represents families of victims who have died in car accidents in Washington state. They are skilled attorneys in wrongful death lawsuits with years of experience that they will use to assure the you get the compensation you deserve. Call today for a free consultation.

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Wrongful Death Attorneys: Spokane Pastor and Nursery Owner Shot by Patrol Officer

Law Blogger — Thu, 26 Aug 2010 18:36:49 +0000

Misunderstandings can get out of hand quickly. Police officers go through training in recognizing threats and communication, but sometimes when split second decisions have to be made, the wrong decision turns deadly. The details as to how a Spokane pastor and nursery owner ended up dead in the parking lot of his business are sketchy, but it may have been the result of a single horrible decision by a Spokane Valley patrolman.

The shooting took place around 11 pm in the parking lot of the Plant Farm, a greenhouse and nursery located at 14208 East 4th Avenue in Spokane Valley, owned by the deceased, 74-year-old Wayne Creach.

Due to the involvement of a Spokane Valley officer, the Spokane Police Department is taking over the investigation

According to police, the neighborhood where Plant Farm is located has been experiencing criminal activity recently. A neighbor had contacted police Wednesday afternoon to request police patrol the area.

A Spokane Police spokesperson told reporters that the officer, responding to the earlier request for patrols, was parked in the Plant Farm parking lot in an unmarked patrol car watching for criminal activity. Creach, who lived next door to his business, approached the officer.

According to Creach’s son, Alan Creach, his father armed himself before going into the parking lot because he thought he heard a burglar.

“At some point there was a confrontation between [Creach] and the police officer and the officer fired his duty weapon,” the SPD spokesperson said.

Medical crews and police rushed to the scene, but Creach was dead when they arrived. His body remained in the parking lot well into the morning hours while the investigation was being conducted.

Alan Creach said his 74-year-old father was a good man in the community. He is the former Pastor for Greenacres Baptist Church and used to host a gardening show on KSPO in Spokane.

Alan also said that the Sheriff’s Office has been forthcoming with information, but was upset that his father’s body was still lying in the parking lot of the Plant Farm hours after the shooting.

The Spokane Police Department forensics team is wrapping up their investigation this morning, collecting evidence at the scene.

Our condolences go out to the family and friends of the deceased.

These types of situations are very fragile as they can bring up serious community involvement and create distrust of law enforcement within the community. There are literally hundreds of law enforcement incidents around the country that lead to the personal injury or wrongful death of a seemingly innocent victim. These incidents bring to light the importance of law enforcement to constantly revisit the line between authority and public servant with any given situation.

Phillips Webster represents families of victims who have died due to negligence of both corporate and government actions and policies in Washington state. We are skilled attorneys in wrongful death lawsuits with years of experience that they will use to assure the you get the compensation you deserve. Call today for a free consultation.

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Bellevue Motorcyclist Killed In Head-On Collision When SUV Crosses Center Line

Law Blogger — Fri, 20 Aug 2010 17:10:35 +0000

The dedicated staff at the Phillips Webster blog do stories about cars and SUVs crossing the center line, not on a weekly basis, but almost on a daily basis. This behavior generally causes a head-on collision, which used to be the deadliest type of accident. But with the introduction of better seat belts and air bags, head-on collisions are no longer as deadly. But for motorcyclists, a head-on collision is fatal most of the time as one grieving Bellevue family found out last night.

The Washington State Patrol (WSP) says 58-year-old Richard P. Wittgenstein, of Bellevue, was riding south in the far right-hand lane on Highway 395 near Half Moon Road when the SUV, driven by 65-year-old Richard A. Handley, of Loon Lake, crossed the center line and another lane of traffic before hitting Wittgenstein nearly head-on.

Wittgenstein was ejected from the bike and the motorcycle was decimated by the crash.

The motorcycle accident was reported shortly before 5:00 in the evening.

Troopers rushed to the scene of the accident. They initially requested MedStar to launch a helicopter to retrieve the Wittgenstein, but the request was canceled when he passed away.

WSP says drugs and alcohol do not seem to be a factor in this crash, though a drug recognition expert was interviewing Handley at the collision scene Thursday evening. Normally such interviews accompany a fatal crash, as does a mandatory blood draw.

Officials say charges are pending against Handley.

Our condolences go out to the friends and family of the deceased motorcyclist.

People generally drift for a myriad of reasons, but generally because they are distracted in some way (grabbing at something in the car, fiddling with the stereo, texting, etc). Experts have shown that it only takes four seconds of lost attention to cross the center line and hit an oncoming vehicle. Please keep your full attention on the road when driving.

Phillips Webster represents families of victims who have died in car accidents in Washington state. We are skilled attorneys in wrongful death lawsuits with years of experience that they will use to assure the you get the compensation you deserve. Call today for a free consultation.

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Fatal Car Accident Causes Serious Personal Injuries in South Seattle

Law Blogger — Wed, 18 Aug 2010 19:49:33 +0000

Many people give the excuse of buying a large vehicle like an SUV so they can see above the traffic and thus be (or at least feel) safer. The problem with that theory is that SUVs have several serious blind spots. We’ve done multiple stories this year of small children being run over in driveways and 100% of the vehicles have been SUVs of some kind. Perhaps the large nose and the lack of sight of the giant SUV added to what caused a fatal accident in South Seattle yesterday evening.

The car accident happened about 5 pm in the 7600 block of Airport Way South. A man was driving a Dodge southbound on Airport Way when a black Chevrolet Suburban pulled out from Perimeter Road, an access road to Boeing Field, and T-Boned the car. The impact almost ripped the car in half, leaving it in a U-Shape on the shoulder.

Police and medics arrived to the scene within minutes.

Authorities say that the victim likely died on or near impact.

The driver of the Suburban was taken by ambulance to Harborview Medical Center with personal injuries.

Investigators said that no tickets were issued Tuesday night, which is standard procedure in serious traffic collisions involving follow-up investigation and collision reconstruction.

Our condolences go out to the friends and family of the deceased. We also hope that the injured driver of the SUV recovers fully.

This is a serious accident that looked as if it happened at a considerable speed. The authorities not issuing tickets could mean that charges may be pending for the driver of the SUV if it is determined that they were in some way driving recklessly. Speeding or reckless behavior are a couple of prerequisites for vehicular homicide to be charged in fatal car accidents like this one.

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Train Accident Lawyers: Puyallup Pedestrian Dies in Early Morning Sounder Train Accident

Law Blogger — Tue, 17 Aug 2010 22:59:07 +0000

Out of the thirteen pedestrians that have now been run over by trains this year in Washington, four of them have been in Puyallup. This certainly has nothing to do with the citizens of Puyallup being more prone to getting run over by trains. Sure, a few of the 13 have been suicides, but the Puyallup statistic may imply that there is either a problem with security or speed limits in populated areas. Regardless, a man is dead and, as always, Burlington Northern Santa Fe (BNSF) is blaming the victim.

The early-morning Sounder commuter train was heading south from Seattle to Tacoma around 6:50 am this morning. According to Sound Transit spokesman, that’s when what is described as a man in 20’s was hit.

Lt. Dave McDonald of the Puyallup Police said that the Sounder train likely struck the man without realizing it and the body was found on the tracks about 7:30 am. He said there were no crossings where the man was struck and he was trespassing.

Sound Transit canceled one train heading from Seattle to Tacoma, but did run one train from Puyallup to Seattle. Others trying to catch a train in Tacoma for Seattle were put on buses.

A BNSF spokesperson said that most of this year’s deaths were accidents and some were suicides. All but one were trespassing, he said

Typically, 16 to 18 pedestrians and 2 drivers die on the tracks each year in the state.

He said that modern technology has increased the risks. Trains are quieter and people more distracted by mobile devices. The public should be aware that any train can move in any direction at any time, he said.

“Don’t take shortcuts,” he said. “Use the designated public crossing.”

That’s good advice. A train can be moving through a residential area at far higher speed than cars and they can creep up on an individual at a moment’s notice. Generally the Sounder travels at around 80 mph through the area where the man was hit. Please be careful crossing the tracks.

Our condolences go out to his family.

If you or a loved one are injured or killed in a train accident you will need competent and proven legal council to mediate between you and the railroad companies’ legal team. Call the wrongful death lawyers at Phillips Webster for a consultation into your legal options.

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Wrongful Death Lawyers: 32 year-old Inmate Found Dead in Cell at King County Jail

Law Blogger — Tue, 17 Aug 2010 18:49:29 +0000

Overcrowded and understaffed jails are major problems across the country, but it seems to be a particular problem with the King County Jail. Federal inspections have been consistently low and reports of unsanitary conditions are ongoing. Accusations over the years trickle in about mismanagement and mistreatment of inmates, but they are largely left unheard until a riot, like the one earlier this year, breaks out.

The circumstances behind the death of an inmate found lying deceased in his cell yesterday are still vague and, like details of inner audits and investigation that comes out of the King County Jail, may not be revealed unless subpoenaed.

Authorities are holding the inmate’s identity while they investigate. They only revealed a small amount of what happened.

A jail spokesman said that the inmate was found at 1:35 am by staff during a routine security check. Neither staff nor medics were able to revive the man.

Wrongful Death?

Officials say that the man was in a cell by himself and there was no apparent foul play involved. He had been booked into King County Jail on March 16^th on suspicion of second-degree assault. The inmate had not yet been to trial and his bail was listed at whopping $1 million, which is pretty hefty for second-degree assault.

Second-degree assault in the state of Washington is defined as an assault with intent to do bodily harm either with a weapon or through strangulation resulting in the severe injury or unconscious state of the victim.

There was only one person registered in the King County Jail that was booked on March 16^th of this year on assault charges, but their bail was set at $330,000. Another was booked on the same day for child rape. Their names can be found in the public jail registry.

The King County Department of Adult and Juvenile Detention will be working with Public Health of Seattle & King County to conduct an investigation as part of the standard review process for jail deaths.

The Seattle Police Department also said that they will launch an independent investigation into the matter.

There are many issues surrounding the treatment of prisoners. Though many in society carry an aloof or even visceral attitude toward incarcerated prisoners, most of the prisoners in King County Jail are awaiting trial and have not yet been convicted and thus carry the same rights as average Americans.

This means that there should be a reasonable amount of care and compassion afforded the inmates when related to healthcare, basic sanitation, and protection within the facility during their incarceration, since they have no choice to leave even though they are still considered innocent. Access to these base necessities are not “coddling” they are simply needed to ensure the safety of the inmate while they go through the judicial process.

Call Phillips Webster today for a free consultation.

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Woman Killed in Rollover Accident After Driver Falls Asleep on I-90 Outside Ritzville

Law Blogger — Mon, 16 Aug 2010 21:28:10 +0000

Sleeping drivers is a major problem across the country, but an incredibly hard thing to predict. A driver that may be awake and alert at the beginning of the trip could find themselves drifting later just because of either boredom or the fact that they are driving outside of their sleep schedule. Those factor may very well have played a part in the death of a young woman last night in a car accident near the small town of Ritzville in Eastern Washington.

Sasha N. Peters was killed when the driver of the 1985 Honda Civic, Mitchell B. Confer, 21, of Cheney, fell asleep at the wheel while they were traveling westbound on Interstate 90 shortly after 2 am Sunday.

The Washington State Patrol said the car drifted off the roadway, slammed into a median, and then rolled, coming to rest in the left lane.

Both the driver and passenger were rushed by ambulance to East Adams Rural Hospital, in Ritzville, where Peters died.

Investigators said that both were wearing seat belts and they don’t believe that alcohol was involved. Troopers indicated that charges may be pending for Confer in his role in the accident.

Driving late at night or for long hours on long desolate stretches of highway with no turns or stimulation can be extremely dangerous. The reason why charges may be pending against the gentleman in this story is because it is the safety of the passenger is the driver’s responsibility. It is the drive’s obligation to gauge their fitness to drive and be responsible enough to know when to pull over and take a nap.

Fatigued driving is just as dangerous as drunk driving. If you begin to nod or drift, please pull off at the next exit or rest stop.

Phillips Webster represents families of victims who have died in car accidents in Washington state. They are skilled attorneys inwrongful death lawsuits with years of experience that they will use to assure the you get the compensation you deserve. Call today for a free consultation.

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