Seattle Police chief resisted probe at first

Seattle Police Chief Gil Kerlikowske initially resisted opening an internal investigation of an officer who fired three shots at a woman after she commandeered a patrol car and drove away, newly released documents show.

Kerlikowske changed his mind after the department's director of internal investigations insisted that the inquiry was mandatory and that it would provide "additional perspective" and produce an official record.

Circumventing the rules would undermine public trust, director Sam Pailca argued in a strongly worded memo.

No one was injured in the incident, but it is now under review by internal investigators.

Kerlikowske's handling of disciplinary matters has drawn attention, in part because he has repeatedly reversed or reduced internal recommendations to punish officers accused of misconduct.

The chief was out of town Thursday and unavailable, but an assistant chief said Kerlikowske initially felt all the facts in the case were known and that he could proceed straight to discipline and additional training.

Department policy prohibits officers from shooting at moving vehicles because the driver could be hit and then crash, or the shots could hit bystanders. Shots also could hit a passenger in the car, such as a baby in a car seat.

Officers may fire to protect themselves or others from death or serious injury, or if they believe a suspect was just involved in an inherently dangerous felony such as a murder, rape or kidnapping.

The incident with the patrol car occurred about 3:45 a.m. on Sept. 10, outside Harborview Medical Center, according to documents obtained Thursday by The Seattle Times under a public-records request.

Two officers were standing outside the hospital investigating a call when the woman, Leslie Morfin, walked up to them and asked for a ride to West Seattle.

Moments later, both officers heard someone yell that the woman was taking a patrol car.

Dentinger, a five-year veteran, thought Morfin was stealing his patrol car, although the car actually belonged to the other officer. Dentinger ran toward the car, ordering Morfin to stop.

Morfin backed up, then shifted into drive, heading north as the car fishtailed on wet pavement.

Dentinger apparently reached the side of the patrol car as it was moving forward, the documents say. He ran along as the car pulled away, then fired three shots at Morfin. All of the shots lodged in the patrol car.

Morfin kept driving but was stopped by a third officer a few minutes later. She was criminally charged, pleaded guilty and served 48 days in jail.

Dentinger, 34, told the department's Firearms Review Board that he felt Morfin posed a danger to him and others because she was driving erratically and because she could gain access to a rifle in the trunk.

Asked if he was aware of department policy, he replied, "basically it says I should not have done it," the board noted in an Oct. 18 report on the shooting. Dentinger also said that he never was in front of the car.

The report noted that bystanders apparently were on the opposite side of the street, in the line of fire if the bullets had not hit the patrol car.

In its conclusions, the board found that Morfin didn't pose a serious threat and that use of force wasn't justified.

The board was headed by Assistant Chief Jim Pugel, who reviewed the case along with two captains and a lieutenant.

Although Dentinger's actions weren't planned, the board found that he exercised "poor judgment" and recommended the matter be referred to the department's Office of Professional Accountability (OPA) for an internal investigation. Part of the board's recommendation was blacked out by the department.

At a command staff meeting Nov. 22, Kerlikowske indicated that he planned to impose discipline and additional training for Dentinger without conducting an internal investigation, the documents show. The records didn't indicate what discipline the chief was considering.

Pailca, the OPA's civilian director, asked for more time to "consider the implications," and Kerlikowske agreed.

In a Dec. 14 memorandum, Pailca noted the wording of department rules appeared to make a referral "mandatory," and she warned the chief about inconsistent practices.

Pailca cited public and media scrutiny, writing it "peaks with a controversial police shooting."

She also noted OPA decisions are reviewed by a civilian auditor and an outside review board. "Circumventing referral to OPA precludes this advisory input, review and report function," Pailca wrote.

Pailca, who couldn't be reached Thursday, also wrote that the investigation could be completed quickly.

Kerlikowske approved an internal inquiry in December.

Pugel said Thursday that Kerlikowske wanted to bypass the OPA because there was "no doubt what happened here."

Pugel noted that the board's civilian observer, Ken Burton, a Seattle attorney, agreed.

Burton, reached Thursday, said, "That's probably right."

Pailca's objections were philosophical, Pugel said.

He also said there was "never a question about Officer Dentinger's integrity and truthfulness."

Burton said there are often credibility issues in shooting reviews, then added: "Was there one in this case? Yeah, I suspect so." He said he couldn't elaborate under rules governing his role.

Steve Miletich: 206-464-3302 or smiletich@seattletimes.com