City Hall

McGinn: "Frustrated" with Process in Birk Decision

By Erica C. Barnett February 16, 2011

At a mobbed press conference that was quickly taken over by angry citizens, Mayor Mike McGinn said he was "frustrated" by King County Prosecutor Dan Satterberg's decision not to prosecute SPD Officer Ian Birk in the shooting of Native American woodcarver John T. Williams, as well as by the length of time it has taken the county and city to decide whether Birk should be fired, a decision he said should come in about two weeks.

However, McGinn said, reading from a prepared statement, "Under the laws that govern me, and the city of Seattle, we have not been permitted to make a disciplinary decision as to Ian Birk's employment until the completion of the inquest, and the completion of any criminal proceedings, and the completion of any criminal proceedings."

"Some will note the contrast between Ian Birk's right to be heard and the approximately 5 seconds between his command to John Williams and Mr. Williams' tragic death. I do. But we will follow the rules before Chief [John] Diaz's final decision."

Birk has been taken off duty and barred from wearing a badge or uniform or carrying a gun until Diaz decides whether he should be fired.

Native American residents repeatedly interrupted the press conference, shouting that McGinn should "know right from wrong" and make a strong statement condemning Birk's actions in advance of SPD's disciplinary ruling in Birk's case. However, one woman, Roxanna Banguis, thanked McGinn for opening his press conference to the public---an unusual practice. (Neither Satterberg nor Diaz let the public in to their press conferences today.)

McGinn said the city is reviewing its disciplinary procedures to determine if they're adequate to prevent excessive use of force in the future. And he said the city had a long way to go to restore trust with minority communities, whose members have been subject to numerous racially charged crimes in recent months. "I feel very saddened by where we are in the community," McGinn said.

But he declined to say whether he though the disciplinary process had gone on too long in the Birk case, saying only that "it's clear that the public is frustrated at the time it takes to bring accountability and I am too. ... We have a process that takes a very long time to reach completion."

McGinn stood by  Diaz, saying the controversial chief is "committed to the values that Seattle holds [and] the best qualified of the [police chief] candidates to make the changes that I believe are appropriate. ... I appreciate and support all of his work."

Earlier today, city council member Bruce Harrell said the state should change state laws around the inquest process so that officers like Birk don't get off so easily in the future. McGinn said he agreed that the state should "take a look at the laws," but didn't say what, if any, changes he would support. "I can't sit here today and say what I think the law ought to be, but I think it's worhty of discussion," McGinn said.

Native Americans plan to protest the Birk decision outside city hall at 4:00 this afternoon; a separate group, the October 22nd Coalition to Stop Police Brutality, will rally at Westlake at 6.

UPDATE: The after-work march, a couple hundred strong, proceeded from downtown up Pine St. around 7 pm, with some confusion between the Native American rally, the majority of the crowd, and a smaller contingent of anarchists.



They marchers were, it seemed, matched in numbers by police escorts in squad cars and on bikes, with helicopters swirling overhead, as the crowd made its way to the cop shop on Capitol Hill at 12th and Pine.

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