Peer review backs SPD shooting investigation

The Seattle Police Department did a thorough and unbiased investigation into the fatal shooting of woodcarver John T. Williams by Seattle Officer Ian Birk, according to a review conducted by a San Diego Police Department homicide commander.

But the four-page review faulted the department for conducting too many telephone interviews that produced confusing responses and for initially putting out inaccurate information, forcing a retraction of its statement that Williams advanced on Birk with a knife before the shooting.

Results from the Seattle police investigation were used by the department's Firearms Review Board when, according to sources, it tentatively found in October that the shooting was not justified.

Investigation results also played a key role in the inquest that ended last week with mixed findings, and are in the hands of King County prosecutors who are deciding whether criminal charges are warranted against Birk.

The San Diego report, written by Homicide Lt. Kevin Rooney, was released Friday by the Seattle Police Department under a public-disclosure request. A second review by the Austin Police Department in Texas is pending.

San Diego and Austin police didn't participate in the investigation of the Aug. 30 shooting, but were asked in the fall by Seattle Police Chief John Diaz to do peer reviews of the work done by Seattle homicide detectives.

Rooney met in November with Seattle police homicide investigators, visited the scene of the shooting, reviewed a PowerPoint presentation and took home a copy of materials developed by detectives.

"The death of John Williams has prompted harsh words about police-community relations, officer training, and law enforcement's use of force in general," Rooney wrote in a Jan. 20 letter to Diaz. "In this highly charged environment, the Seattle Police Department Homicide Unit was tasked with conducting an expeditious, unbiased, transparent fact-finding of his death."

With some exceptions, Rooney wrote, "your Homicide Unit has done so, and you should be proud of the work they have done."

Rooney wrote that on Jan. 4 he presented the investigation to eight supervisors in his Homicide Unit, with a combined 219 years in law enforcement, who had a "very positive" response.

Tim Ford, the attorney for the Williams family, said in a written statement that the review was insufficient.

"It's too bad the department won't allow an independent outside review of the shooting itself, rather than just a review of the investigation," Ford said.

Citing Rooney's report, Ford noted that San Diego officers are given an opportunity to orally explain their decision to use deadly force, while Seattle's rules allowed Birk to craft a carefully written statement.

In his report, Rooney wrote that "there is no substitute for an officer's description of the events," compared with a written statement.

He also said in-person interviews of witnesses are most appropriate, especially in an investigation of such magnitude. "In person interviews enable detectives to make witnesses comfortable, allow them to gauge nonverbal responses to their questions, and help clear up unnecessary confusion," Rooney wrote.

Telephone interviews of some of the witnesses in the Seattle shooting, including a critical one, resulted in confusion about their observations, Rooney said.

Seattle Assistant Chief Jim Pugel, who called the overall review "positive," said Friday the department has always sought to do in-person interviews in homicide cases, but will strive even harder as a result of the recommendation.

In regard to the retracted information, Rooney suggested that the first media briefings at officer-involved shootings be conducted by a high-level commander tied to the homicide unit, rather than a department spokesperson.

Sgt. Sean Whitcomb, chief spokesman for Seattle police, said the decision about who gives on-scene announcements will continue to vary, depending on the circumstances.

Whitcomb said the initial details of the shooting had been vetted at upper levels, based on the best available information that was subject to updates.

A day after the shooting, the department backed off the assertion that Williams had advanced on Birk, with Diaz saying he had "a lot more questions than answers."

Birk, 27, shot Williams four times at Boren Avenue and Howell Street during a brief sidewalk confrontation. Williams, 50, a street inebriate and member of Canada's First Nations people, was carrying a knife and a flat piece of wood.

Birk testified during the inquest that Williams acted in a threatening manner, an assertion contradicted by two witnesses.

Four of eight inquest jurors found that Birk wasn't facing an imminent threat when he fatally shot Williams, nor did he give Williams sufficient time to put down the knife he was carrying. Only one other juror found that Birk faced a threat and gave Williams sufficient time, while three others answered "unknown."

Four jurors determined Birk believed he was in danger when he encountered Williams, while four others answered "unknown."

The King County prosecutor is expected to announce a decision in mid-February on whether to criminally charge Birk.

The Police Department's Firearms Review Board will reconvene at some point to make a final determination on the shooting.

Pugel said the department's investigation will be offered to the U.S. Justice Department for consideration in its recently announced preliminary review of the practices of Seattle police.

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

Information from Seattle Times archives is included in this report.