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Seattle police investigation into lethal shooting sustains policy violations against two officers

Feb 1, 2022, 5:36 PM | Updated: Feb 2, 2022, 8:35 am

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Taken from footage of the February 2021 incident (via SPD Blotter)

(via SPD Blotter)

Seattle鈥檚 Office of Police Accountability (OPA) has found that two officers with the Port of Seattle Police Department (PSPD), who shot a man in possession of a knife near the waterfront last year, violated policy.

One officer was suspended without pay for a day, the other for three days. The OPA says the case is yet another example of why new training is needed.

Derek Hayden was in crisis last February when PSPD on Alaskan Way and called for backup. Several officers arrived and were working on a tactical plan from a safe distance.

Two additional officers, those found in violation of policy, arrived on scene. They blocked Hayden鈥檚 path with their patrol car, got out, drew guns, and prompted Hayden with commands.

Hayden advanced with his knife 鈥渞aised up.鈥 PSPD report they recall Hayden shouting, 鈥淚 need help. I need you to kill me.鈥

Both officers opened fire, killing Hayden.

OPA the use of force justified, but that the pair violated SPD de-escalation policy and undermined the critical principles of time, distance, and shielding that could have avoided the need to use force. The report refers to the two disciplined officers as NE#1 and NE#2.

鈥淣E#2 got out of the vehicle with his patrol rifle in his hands, closed the door, and moved away from cover. The subject then moved towards NE#2 with the knife and, when this occurred, NE#2鈥檚 options for responding to this in any manner other than using deadly force were extremely limited if not non-existent.鈥

Watchdog group: SPD 鈥榓dded fuel to the fire鈥 during 2020 protests with fabricated Proud Boys threat

The report emphasizes the arrival on scene with weapons drawn as a variable which eliminated time, 鈥渢he most critical factor in de escalation.鈥

鈥淚f there is more time, there is more opportunity to gain voluntarily compliance, build rapport with the individual in crisis, or call in more resources,鈥 the report continues. 鈥淗ad there been more time, the threat would have been minimal, and they could have taken as long as needed to reach a peaceful resolution.鈥

As previously mentioned, the report finds that the use of force was justified as Hayden advanced with a knife in hand aggressively pointed towards the officers. The policy violation applies explicitly to inappropriate use of force tactics used and a failure to de-escalate the situation appropriately.

The report concludes by highlighting the importance of in situations that are likely to escalate, such as when a suspect is brandishing a weapon. It references an OPA memorandum published after the .

鈥淩evamp SPD training for responding to subjects with knives,” the OPA recommendation notes.

鈥淚ncorporate dynamic, outdoor roleplaying exercises involving subjects with knives who are either moving toward or away from officers. OPA is committed to working with SPD to build out these training scenarios using past and current cases. In making this recommendation, OPA recognizes SPD鈥檚 current financial and personnel limitations. OPA accordingly urges City leadership to properly fund SPD鈥檚 development of this training.鈥

成人X站 Newsradio’s Hanna Scott contributed to this report.聽

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Seattle police investigation into lethal shooting sustains policy violations against two officers