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SPOKANE WA Nov 182012 — A police officer was sentenced Thursday to more than four years inprison for using excessive force against a mentally disabled janitor who diedafter being erroneously suspected of stealing money from an ATM.Officer Karl F. Thompson Jr., 65, was sentenced by U.S.District Court Judge Fred Van Sickle to four years and three months for hisrole in the 2006 death of Otto Zehm.Van Sickle said he hoped the sentence would begin to bringclosure to Zehm's family and to the
Spokanecommunity, which has been at odds with the police department as a result ofthis case and others."This had a significant impact on the community and howit viewed its police department," Van Sickle said.Van Sickle also ordered that Thompson be taken into custodyimmediately, over the objections of defense lawyers, who wanted him to remainfree while the verdict is appealed.Thompson was convicted last year by a federal jury ofviolating Zehm's civil rights by using excessive force and then lying toinvestigators in the case.Six years ago, Zehm was beaten and stunned by Thompson in aconvenience store. He was hogtied and sat on by other officers until he passedout. The 36-year-old died two days later without regaining consciousness.Zehm had committed no crime.Defense attorney Carl Oreskovich argued for a sentence ofzero to 16 months, saying there was no evidence presented that the actions ofThompson led directly to Zehm's death.Thompson addressed the court, apologizing to Zehm's mother."I did not intend to harm Mr. Zehm that night, and did not act inmalice," he said. "I have dedicated my life to protection of thepublic."Thompson is a
Vietnamveteran and a decorated 40-year veteran of law enforcement in
Los Angeles, northern
Idaho and
Spokane, Oreskovich said."This man before you is not a villain," Oreskovich told the judge.But federal prosecutors noted that Thompson attacked Zehmwithout warning, and struck him repeatedly with a 30-inch baton and alsostunned him."There were seven baton strikes in less than eightseconds," said Tim Durkin, an assistant
U.S. attorney. "There iscompelling medical evidence in this case that Mr. Zehm sustained serious bodilyinjury."Prosecutors sought a sentence of nine to 11 years because ofthe seriousness of the attack on Zehm, and its impact on the community."When officers abuse their power and lie to cover itup, it fundamentally undermines" their position of trust in the community,said Victor Boutros, a Justice Department attorney who helped prosecute thecase.On March 18, 2006, police received a report that a manmatching Zehm's description might have stolen money from people at an ATM.Surveillance video showed that Thompson found Zehm inside a convenience storeand immediately struck him repeatedly with a baton and shocked him with a stungun.Other officers arrived and hogtied Zehm, put a rubber maskover his mouth, and sat on him. It was later determined that he had notcommitted any crime.His last words were: "All I wanted was a Snickersbar," according to trial testimony.Anger boiled in the community over the death, but the
Spokane County prosecutor's office declined tobring charges against any officers. Amid demands for justice, federalprosecutors eventually charged Thompson with violating Zehm's civil rightsthrough use of excessive force and then lying to investigators.Prosecutors also alleged the case involved an extensivecover-up by police. That investigation is ongoing.Boutros said it was important to remember that Zehm, a mentallyill janitor, had committed no crime."He was just going in as he always did to buy his sodaand his candy," Boutros said. Thompson's actions warranted prison time, hesaid."A badge cannot equate to a free pass," Boutrossaid.
source-seattle times
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