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 The incident comes as the public view of police across the nation
is "laced with distrust," Transit Police Major Dave Jutilla wrote in
a May 26 memo, obtained through a public-records request, that
summarizes the incident.
The investigation grew out of a complaint filed by King County
Sheriff's Office Sergeant Lou Caballero after an early-morning
argument on Nov. 14 between he and graveyard-shift driver Kelvin
Kirkpatrick in downtown Seattle, internal Sheriff's Office documents
show.
In the incident, Kirkpatrick, a 20-year transit veteran, criticized
Caballero and his deputies for failing to remove non-paying
"sleepers" from his bus, the latest in a series of tense
interactions between the men.
"You got three fucking deputies out here that don't do nothing,"
Caballero, who is Cuban American, quoted Kirkpatrick as yelling at
him.
Another deputy, Amy Shoblom, who is white, also said Kirkpatrick
spoked those exact words in a witness statement written after the
fight.
However, footage recorded by Kirkpatrick in a camera built into his
eyeglasses and later shared with investigators shows that the driver
did not use any profanity.
A third deputy told investigators he did not hear anyone use swear
words during the fight.
"I'm not yelling at you, sergeant. ... I'm expressing how frustrated
I am at the fact that I've got three deputies that don't do anything
when I need help," Kirkpatrick can be heard saying.
Sheriff John Urquhart could decide as soon as next week whether to
act on the recommendations of other top sheriff's officials to fire
the pair for dishonesty and retaliation, a spokesman said on
Thursday.
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Kirkpatrick has been cleared of wrongdoing, transit department
spokesman Jeff Switzer said.
Caballero, who was not aware he was being videotaped, could be fired
for dishonesty, inducing dishonesty, and retaliation, while Shoblom
faces expulsion over dishonesty. They have both questioned the
video's authenticity.
Julie Kays, an attorney representing Caballero and Shoblom, said:
"Lou and Amy are honorable and dedicated officers who have
tirelessly served the people of King County."
Without the video images captured by Kirkpatrick, the incident
"would have resulted in progressive discipline against him as a
transit employee," Major Jutilla wrote in his memo.
(Reporting by Eric M. Johnson in Seattle; Editing by Dan Whitcomb
and Sandra Maler)
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