PSINERSOTNEN KING COUNTY SHERIEPS OFFICE S16 Third Avenue. W116 Seat, WA 96104 Jeb Ureuare Sent April 28, 2017 Derek J. DeZiel RE: Results of Loudermill 11U2016-274 Dear Deputy DeZiel: On April 24, 2017, a Loudermili hearing was held, at your request, in my office. Also present were Lance King, Diane Taylor, Major Jerrell Wills, Captain Mark Konoske, Sergeant Tim Gillette, as well ‘as your labor representatives Steve Eggert and Bob Lurry. ‘The above referenced investigation arose out of an allegation, filed by another deputy, that on or about November 13, 2016, you used pepper spray on the water bottle of a homeless person living under a bridge in Fall City. ‘The second allegation came about when you telephoned the reporting deputy after you were ordered not to do so. Major Wills recommended that both allegations should be sustained. Chief Deputy Pugel reviewed the investigation and concurred. Neither you nor your representatives brought up any just cause issues and I saw none when I reviewed the investigation, In addition, there was no 180 day violation, ALLEGATIONS: Aso the pepper spray, whete there is no dispute that this occurred, as evidenced by your admissions in your Internal Investigations Unit (IU) interview and at the Loudermill, in your TU interview you said: “[ put a little squirt of pepper spray on the end of the water bottle to deter him from coming back...” When questioned further, Sergeant Gillette asked you if using pepper spray was the right thing to do when deterring people you said, “I didn’t have a problem with it.” ‘You also said it was not the first time you had done something like this.At the Loudermill you told me you were “frustrated” and wanted to make it uncomfortable for the person who set up the homeless camp. That was your reason for using the pepper spray. Since there is no dispute that this incident occurred, I will sustain the allegation of “Conduct Unbecoming,” (That being said, I believe a more appropriate classification would have been Conduct Criminal in Nature for Malicious Mischief.) The second allegation was that you telephoned the reporting deputy, Ryan Sprecher. Again, you admitted you made the call, and said you understood the admonishment not to do so. You said you did not intend to discuss the incident with him, but you said the reason for the eall was as follows: “I, T've always been taught that if you have a problem with somebody, you work it out with them. I, I was just trying to find out what the hell was going on. Um, it was more for me it was, what the Iihappened? Why didn’t you come to me if something, like, you know, if you had a problem with something I did?” ‘That certainly sounds to me like you intended to talk to Deputy Sprecher about the complaint and why he filed it, Deputy Sprecher relates the phone call as follows: “Deputy DeZiel said, ‘Thanks for getting me into trouble.” Deputy DeZic! then ‘proceeded to say, ‘Who the I did you talk to and what hell did you say.’ I told Deputy DeZiel we are not allowed to talk about this issue as per the A-150. I said we could get into trouble for talking about it.” ‘Therefore, based on Deputy Sprecher’s statement and the statements you gave Sergeant Gillette, in addition to your lack of a denial at that Zoudermill, I find there is clear and convincing evidence that you contacted Deputy Sprecher after you were ordered not to do so. I concur with Major Wills and Chief Deputy Pugel and sustain the allegation of Performance Standards as listed in 11U2016-274 MITIGATION: ‘As mentioned, one of the purposes of the Loudermill is for you and/or your representatives to present mitigating information to me. And while I found you to be contrite and you appeared to understand the seriousness of your actions, { found your reasoning to be concerning as to why it happened, to say the least. Clearly you were frustrated by your (ou) inability to clear out the homeless camp in Fall City, and that ‘was your excuse, What goes on in society frustrates most of us. But you acted on your frustrations in ‘an inappropriate and illegal way. You also said in your IIU interview that this was not the first time you have used this technique, which negates an immediate action based on frustration or a momentary lapse of judgment. Youalso tried to justify the pepper spray by saying that was how you were “trained,” yet you refuse to provide the names of anyone who has trained you in this way. Even if I was inclined to give you the benefit of the doubt, which I am not, that is immaterial, It is up to you to know when an action is wrong, So-and-so did it is nothing more than an excuse and a justification. 1 am not buying it.‘There were no mitigating factors presented regarding your eall to Deputy Sprecher, beyond your desire to talk things out. Again, that is not an appropriate reason. DISCIPLINE: Inseviewing your disciplinary history, I find a written reprimand for Performance Standards (2013); a written reprimand for performance standards (2015); and sustained Harassment complaint with days off (2016). The allegations in this investigation are exceedingly serious, much more than the sustained allegations in your past history. Taking thesphone call first, Deputy Sprecher was a Phase 3 deputy at the time of your call to him, He was still on probation, In fact he had only been out by himself for just over a month, He was still acclimating to the “culture” of the Sheriff's Office. ‘Then he receives a call from a senior deputy—-a FTO no less—swearing at him because he did exactly the right thing, He let it be known that he was very upset by your call, and wondered if he was going, to be fired for turing you in. He was afraid he would be called a “snitch.” He was aftaid you would not back him on calls, Nevertheless he said he still wanted to have a good relationship with you and have a “partner I can trust.” But Deputy Sprecher was worried that would now not happen. ‘The entire police profession is continually fighting the publie’s perception of the “blue wall.” That we protect our own, in other words. You professed, via your interview with ITU, that the best way to handic “disagreements” is to “just work it out.” That is certainty one definition of the Blue Wall. And itis made worse by the status difference between you and Deputy Sprecher. You are an eight-year senior deputy, former MPO, FTO, and Deputy Sprecher is barely in Phase 3. In the legal world and considering all the factors mentioned, your call borders on intimidating a witness. Therefore, due to the seriousness of this transgression, I will concur with Chief Deputy Pugel that termination is the appropriate discipline. Some have said your use of pepper spray was relatively benign in the scheme of things. After all, as you said, you were just trying to “move him along” by making it uncomfortable fo stay! In fact, I Suggested you just pepper spray him in the face if that was your ultimate goal! You told me “that would be wrong.” T agree. But when specifically asked by Sergeant Gillette if you thought what you did was wrong, you said, “I did not have a problem with it, no.” Finally, I find that you have violated several sections of the Preamble to our General Orders Manual. Specifically: © Be respectful in your service to the public.© Abusing our authority, even in small ways, undermines public trust and destroys public confidence. © Respect civil rights always. > [don’t find the fact that you pepper sprayed the water bottle of a homeless person “benign.” Not in the least, J find if an attack on the most vulnerable and powerless segment of society by the most powerful segment of society....a police officer! Because this conduct is serious and egregious, I find that termination for the allegation is the appropriate discipline as well. Ido not take any discipline decision lightly and I find no satisfaction in taking negative action against anyone associated with this organization. However, after careful consideration of the relevant circumstances, including the investigative file, your history with the King County Sheriff's Office tenets of progressive discipline and just cause, and the input of other members of the command staff, I order that your employment with the King County Sherif?’s Office be terminated as of close of business on May 5, 2017. ‘Thank you for your prior service to the citizens of King County. Very truly yours, john Urquhart SHERIFF Chief Deputy Jim Pugel Major Jerrell Wills Captain Mark Konoske Sergeant Tim Gillette Senior HR Manager Lance King Legal Advisor Diane Taylor OLEO Director Deborah Jacobs DeZiel Personnel File 11U2016-274 File Urquhart File