Judge dismisses lawsuit from Seattle detective who shot Hells Angel

OFF THE WIRE
MCs in the News
By LEVI PULKKINEN
SEATTLEPI.COM STAFF
A King County judge has dismissed a lawsuit against the City of Seattle by a city police detective who shot a Hells Angels gang member during an August 2008 fight at a South Dakota bar.

Filing the suit in April, Detective Ron Smith claimed the department maligned him in the days following the shooting when investigators there made an erroneous claim that Smith was armed with a department-issued pistol when he shot and wounded a Hells Angel during the Sturgis motorcycle rally. Smith also took issue with comments made by then-Seattle Police Chief Gil Kerlikowske shortly after the incident.

In response, the city asserted the police statements were protected under a state law protecting communications with government. On Friday, King County Superior Court Judge Michael Hayden agreed, dismissing Smith's suit outright.

Reached for comment Friday, Smith's attorney, Liam McCann, said his client is disappointed with the judgment and will be weighing an appeal in coming days.

"Detective Smith specifically told the department it was his personal handgun that was used, and they completely dismissed that," McCann said. "They were blatantly wrong."

In the incident at issue, Smith and several other members of the Iron Pigs Motorcycle Club were involved in an early morning altercation with Hells Angel Joseph McGuire.

Smith contended McGuire was choking him when he drew the weapon and fired, wounding McGuire. Another member of the Iron Pigs -- a motorcycle club made up law officers and firefighters -- treated McGuire's wounds until help arrived at the Loud American Roadhouse.

The detective was initially charged with assault, perjury and unlawful gun possession after the Aug. 8, 2008, shooting. Those charges were later dropped; a state's attorney said video of the attack showed Smith was "defending himself from a violent premeditated attack, and he responded in a manner which was neither excessive nor unreasonable."

In the lawsuit, Smith claimed Kerlikowske, who has since left the department to serve as director of national drug policy at the White House, was bad mouthing him days after the shooting.

During a community event, Kerlikowske is alleged to have called Smith an "embarrassment" to the department and claimed Smith would "not be working with (him) much longer," according to the lawsuit. Other officers reported the statements to Smith, who remains with the department.

Suspended following the shooting, Smith was returned to full duty in January 2009.

In the lawsuit, McCann contended department investigators repeatedly said Smith used his department-issue pistol during the shooting when in fact he was armed with a pistol purchased from the Seattle Police Athletic Association. Those statements by investigators, McCann argued, prompted South Dakota officials to file charges against Smith.

"Were it not for (the) erroneous and grossly negligent statement to (South Dakota Division of Criminal Investigation Agent Jeff) Goble, Smith would not have been indicted for perjury and more than likely would not have been indicted for the other charges either," McCann said in the lawsuit. "The South Dakota officials would have believed his statements absent his alleged perjury."

Responding to the suit, Assistant City Attorney Amy Lowen told the court the department was justified in cooperating with South Dakota officials. The attorney also argued that the department's communications relating to the shooting were proper.

"Responding to a request from another law enforcement agency … concerning an officer being investigated for felony assault fulfills the department's duty to cooperate and is not outrageous," Lowen told the court.

"Providing employees timely notice of sensational criminal charges against a member of the agency is a legitimate means of preventing rumor and speculation in the workplace, and is not outrageous. Making a statement to the press about embarrassment and potential discipline stemming from a high-profile gun assault by an officer is not outrageous."