BY: Mike Carter
Seattle Times staff reporter
seattletimes.nwsource.com
seattletimes.nwsource.com
Few cases illustrate the frustrations and frayed relations between the Seattle Police Department, its union and the public as the disciplinary saga of Officer Terry Dunn.
The case highlights the difficulties department commanders can have in imposing discipline on an officer, even after an internal investigation concluded he acted unprofessionally and the city's attorneys settled a lawsuit filed by the man who was allegedly threatened and roughed up by Dunn. Moreover, it demonstrates how the department can be left vulnerable when discipline fails, sending an unrepentant officer back onto the streets.
Dunn, a 25-year department veteran, was accused of using excessive force by a citizen he encountered while working an undercover drug assignment in Pioneer Square on Oct. 8, 2004.
Crosswalk incident
Gary Roberts, of Seattle, was returning to work at the Smith Tower when an unmarked pickup carrying Dunn and his sergeant — both in plainclothes — turned into an occupied crosswalk, forcing pedestrians to walk around it.
Roberts claimed the truck almost hit him and two women. He said he slapped the rear of the truck hard as he walked by, making a noise that startled the officers, according to court and police documents.
Dunn was sent by his sergeant to stop Roberts in case the truck was damaged. A video surveillance camera showed the officer catching up with Roberts at the front doors of the Smith Tower and following him into the lobby.
There was no camera inside, but Roberts and three witnesses said Dunn grabbed him and slammed him hard against the marble wall, causing him to hit his head.
Dunn yelled profanities and threats before walking away, leaving Roberts stunned and bleeding.
Much of the incident was witnessed by a uniformed bicycle officer, who can be seen in the outside video pulling up to the doorway to watch. Dunn spoke to the officer and patted him on the shoulder as he walked away.
Roberts and witnesses said they tried to complain to the bicycle officer, but he rode away.
Roberts filed a complaint with the Police Department's Office of Professional Accountability (OPA) and later a civil-rights lawsuit against Dunn and the department. Based on witness statements and medical reports, the OPA's commander sustained findings of excessive force and conduct unbecoming an officer.
"Officer Dunn's actions appeared motivated to intimidate, not as a means of enhancing safety or collecting information," wrote Capt. Neil Low in a 2005 letter to Roberts detailing the findings.
OPA also recommended the bicycle officer be disciplined as well, but could not identify him.
Then-Chief Gil Kerlikowske gave Dunn 10 days off without pay.
But Dunn appealed to the Public Safety Civil Service Commission, which in November 2005 overturned the OPA's findings on a 2-1 vote and threw out the discipline. An appeal by the department was resolved with an agreement that Dunn "undergo additional training."
The city paid $35,000 in 2007 to settle the civil-rights lawsuit brought by Roberts. The settlement was followed by a letter from Kerlikowske, who apologized to Roberts and said he believed Dunn should have been disciplined.
Dunn was defiant, saying the lawsuit was settled without his permission.
The Seattle Times attempted to contact Dunn for comment through the Seattle Police Officers' Guild, but did not receive a response.
Melee on Queen Anne
Early on Sept. 5, 2008, Dunn responded to a call about a loud party on Queen Anne. When he and other officers arrived, they found brothers David and James Weed partying with Molly Simmons and her sister, Megan.
According to court filings, David Weed turned the loud music down. But the 240-pound Dunn said Weed became abusive when asked who owned the home, and announced he was going to punch the officer. The "solidly built" Weed, Dunn alleged, then hit him harder in the head than he'd ever been punched before.
The Weeds claimed Dunn forced his way into the house without cause or permission.
Other officers responded to Dunn's calls for help, and a melee ensued. David Weed was bloodied and claimed Dunn ground his face into the floor. James Weed was tazed, and all four were arrested and booked into jail for the night.
Seven weeks later, the four were arrested again after Dunn and the department obtained felony assault charges.
Problems arose in the prosecution almost immediately when the other officers couldn't, or wouldn't, corroborate Dunn's claim that he had been attacked.
Dunn told conflicting stories at the hospital about the incident, and no one — officers or doctors — saw any injury, according to court documents. No photos were taken of Dunn's injuries, although protocol requires them.
The charges were dismissed — over loud objections by the department — after prosecutors cited "proof problems," said Ian Goodhew, deputy chief of staff to King County Prosecutor Dan Satterberg.
Dunn was not disciplined. The Weeds filed a federal lawsuit last year.
The U.S. Department of Justice has interviewed the Weeds' attorney as part of its civil-rights investigation of the Police Department.
Mike Carter: 206-464-3706
