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Prosecutors won't criminally charge a Seattle police officer who shot and killed a knife-wielding, homeless woodcarver during a brief encounter last summer on a street corner in a case that has prompted angry protests and calls for increased scrutiny of police tactics.
Relatives and other supporters of B.C. native artist John T. Williams had asked King County's prosecutor to charge Officer Ian Birk with manslaughter in the Aug. 30 shooting, saying Mr. Williams didn't pose a threat to the officer. Officer Birk said he fired only after Mr. Williams failed to drop the three-inch knife despite being repeatedly ordered to do so.
More related to this storyNative carver shot by officer was turning his life around, brother saysPolice video depicts officer's gunfire that killed wood carverA carver, his knife, a police officer, a gun MediaPolice dashboard video of John T. Williams shootingAt a news conference on Wednesday, prosecutor Dan Satterberg said the shooting was a “good faith mistake, however tragic,” and that no charges would be filed. Outside City Hall, supporters of Mr. Williams gathered and planned demonstrations later in the day to protest against the decision.
The police department's Firearms Review Board separately released findings on Wednesday that describe the shooting as “unjustified and outside of policy, tactics and training.” Mayor Mike McGinn said Officer Birk, 27, who is on paid leave, could be fired after a department process expected to take about two weeks.
“I'm deeply sorry for this tragedy and loss of faith between our community and police force,” Mr. McGinn said. “I will do all in my power to restore it.”
The killing of the Mr. Williams, 50, a member of Vancouver Island first nation and a long-time resident of Seattle, prompted an outcry and calls for more scrutiny of the police force.
Days after the shooting, dozens marched through Seattle. In December, the American Civil Liberties Union of Washington and other organizations asked the Department of Justice to conduct a civil-rights review, citing incidents including the shooting of Mr. Williams. The organizations claim some Seattle officers appear to “inflict injury out of anger” at suspects rather than to protect public safety.
Mr. Satterberg said Wednesday that Washington state law protects police officers from a homicide charge unless there's evidence of malice or bad faith.
“Unlike the rest of us they do not have the option of walking away,” Mr. Satterberg said.
Nonetheless, he called the shooting troubling and said he has received 1,200 e-mails about the case with many people urging him to charge Officer Birk as a way to bridge the divide with minorities who fear they will be mistreated by police.
Mr. Williams' brother, Rick Williams, told KOMO Radio he was not surprised.
“I kind of expected all this because of the way the system is,” he said. He said Mr. Williams was a First Nation woodcarver from a family that has represented Seattle honourably for generations. He complained that Officer Birk had been glorified.
Officer Birk's lawyer, Ted Buck, told the station that “police officers are forced to make decisions as to how to deal with those kinds of threats in split seconds and there are going to be these kinds of problems in the future.”
A coroner's inquest jury in January watched Officer Birk's patrol car video. It showed him getting out to pursue Mr. Williams, who had crossed the street in front of the cruiser, and was holding the knife and a piece of wood. Off camera, Officer Birk quickly shouted three times for Mr. Williams to drop the knife, then fired five shots.
Of the eight jurors, just one said Mr. Williams posed a threat. Four jurors said he did not pose a threat, and three others said they didn't know.
Officer Birk testified that Mr. Williams had a “very stern, very serious, very confrontational look on his face” and was in a “confrontational posture” when he opened fire.
An autopsy found that Mr. Williams' blood-alcohol level was at 0.18 percent, above the 0.08 percent level at which a driver is considered legally drunk.
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