SHERIFF

KING COUNTY Memorandum

Date:
Decembez. ::~;.//~A
To: Deputy R19 ,,,;,~ Via: Direct
From: Chief~m Fentoi{ {for Chief Deputy Pugel)
Findings and Recommendation, Rich Rowe, llU 2017-150
Re:
Loudermill/Name Clearing Hearing Notice

An investigation into alleged violations of the G.O.M. by you was initiated after the Sheriff's Office learned
that you stopped a motorcyclist, pointed your KCSO issued weapon at him, swore at him, and threatened
to "dump him." This was captured on video and was subsequently shared (via YouTube) causing public
outcry.

As a result of this investigation/review my recommendations for proposed Findings and Discipline are as
follows:

Allegation #1 - GOM 300.015 2(d) -RULES OF CONDUCT: MISCONDUCT -

Excessive or unnecessary use of force against a person.

UNFOUNDED

Allegation #2- GOM 3.00.015 2(i) - RULES OF CONDUCT: MISCONDUCT - Courtesy

SUSTAINED

Allegation #3 - GOM 3.00.015 2(k) - RULES OF CONDUCT: MISCONDUCT - Conduct

Unbecoming

SUSTAINED

Allegation #4 - GOM.4.00.010 2 - !DENT/FICA TION AS A SHERIFF'S OFFICE MEMBER -

When not wearing the authorized uniform and when taking police action, acceptable
identification is the authorized badge and identification card.

SUSTAINED

Allegation #5 - GOM 3.00.020 3 PERFORMANCE STANDARDS -Appropriate Use Of Authority

UNFOUNDED

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REVIEW OF THE FINDINGS:

I have thoroughly reviewed this investigation and it appears to be complete. I have also reviewed the
Findings And Recommendation memo completed by Major Noel Fryberger. I incorporate his review
analysis and findings herein by reference. Additionally, this investigation was reviewed with the llU
Advisory Board.

On August 16, 2017 you made a traffic stop of a motorcycle you overserved being driven recklessly by
Alex Randall. During this stop, the evidence supports that you approached the driver with your gun
drawn and pointed it directly at the driver (Randall). You appeared angry and immediately started the
dialog with Mr. Randall using profanity. You asked the driver for his license and after numerous
unsuccessful attempts you reached into the driver's jacket and took the wallet from him without his
permission. You were dressed in civilian clothes with your gun drawn, yet it takes over 35 seconds for
you to identify yourself as a police officer. In addition, you threaten Mr. Randall a number of times that
you will "dump" him or to "knock him off his bike" if he moves.

I concur with Major Fryberger's findings on Allegations #1 and 5 of "unfounded", and Allegations #2, 3
and 4 of "sustained". Below I summarize some concerns with your handling of this contact with Mr.
Randall. They are:

1. Your approach and initial contact with the driver. Given your own stated concerns about not
having your vest on and potentially being vulnerable, you potentially exacerbated a dangerous
situation by way of that approach.

2. Your handling of your weapon. The gun was clearly not at "low ready" as you state was your
intention. This poor firearm handling in my view escalated the situation and had the potential for
serious consequences. It is your responsibility to ensure your gun is handled appropriately.

3. The time it took to identify yourself as a police officer!KCSO detective. Given the fact that you
were in civilian clothes and the only ID was your badge (that turned out to be not visible) the need
to identify yourself was important! To assume he knew, or should have known, could have been
a critical mistake. Witnesses thought it was a potential road rage incident. Their actions, given
what they were thinking, could have made things much worse, not to mention how Mr. Randall
could have responded if he didn't know you were a police officer and had been armed.

4. Concerns with your need to take Mr. Randall's wallet from him instead of allowing him to give it to
you. Why the urgency to get the wallet from someone you had no intentions of arresting?

Based upon these concerns and those outlined in Major Fryberger's memo, I reach the following
disciplinary recommendations.

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RECOMMENDATION OF DISCIPLINE:

Allegation #1 - GOM 300. 015 2(d) - RULES OF CONDUCT: MISCONDUCT -

Excessive or unnecessary use of force against a person.

UNFOUNDED

Allegation #2-GOM 3.00.015 2(i) - RULES OF CONDUCT: MISCONDUCT - Courtesy

SUSTAINED

Allegation #3 - GOM 3.00.015 2(k) - RULES OF CONDUCT: MISCONDUCT - Conduct

Unbecoming

SUSTAINED

Allegation #4 - GOM. 4. 00. 010 2 - /DENT/FICA TION AS A SHERIFF'S OFFICE MEMBER -

When not wearing the authorized uniform and when taking police action, acceptable
identification is the authorized badge and identification card.

SUSTAINED

Allegation #5 - GOM 3.00.020 3 PERFORMANCE STANDARDS -Appropriate Use Of Authority

UNFOUNDED

Ten (10) days off without pay (based on current hourly schedule) for the 3 combined SUSTAINED
allegations along with appropriate/pertinent training as prescribed by the Advanced Training Unit
(i.e. de-escalation, firearm handling).

LOUDERMILL NOTIFICATION:

The Findings and Recommended discipline are only recommendations at this point. Before the final
decision is made, you have a right to a Loudermill hearing with Sheriff Urquhart (or with Sheriff
Johanknecht if scheduled after January 1, 2018). This is an opportunity for you to present information
you think should be considered in the case. This can include mitigating factors or any other information
you think should be considered before a final decision is made.

Attendance at a Loudermill hearing is optional, and you may choose to present written materials for the
Sheriff's consideration in lieu of, or in addition, to appearing in person. If you choose not to appear or
present information, the final decision will be based upon the information available at this time.

A copy of the investigative file will be provided to you, your legal representative, or labor representative
upon request. You are entitled to bring a representative of your choice to the hearing. In addition, this
representative can speak and present information on your behalf.

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Please contact Kimberly Johnson at 206 263-2555 to schedule a Loudermill/Name-clearing hearing,
confirm or waive your appearance, or submit materials. If you do not contact her or submit materials
within 14 davs of receipt and signing this memo, we will assume you are waiving your right to a
Loudermill.

NOTE: You have the right to seek assistance through the county's Employee Assistance Program (EAP).
The EAP is a service to all employees. Assessments, grief counseling, and referrals for personal
concerns such as family issues, relationship problems, alcohol and drug problems, emotional problems
affecting work life, and a wide variety of other problems are all part of the services. EAP personnel may
be reached at 206-684-2103 or 206-263-4572.

I acknowledge that I have received a copy of this memo:

Employee Date

cc: Sheriff Urquhart

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