standard tort claim form · 2017. 2. 2. · names, addresses and telephone numbers of all persons...
TRANSCRIPT
STANDARD TORT CLAIM FORM General Liability Claim Form
Pursuant to Chapter 4.96 RCW, this form is for filing a tort claim against the City of Wapato. Information requested on this form is required by RCW 4.92.020 and may be subject to public disclosure. Claim forms cannot be submitted electronically (via e-mail or fax).
PLEASE TYPE OR PRINT IN INK
Mail or deliver Clerk-Treasurer original claim to: C i i of Wapato
205 E Third Street Wapato WA 989511326
CLAIMANT INFORMATION
1. Claimant's name:
CAMPOS MICFIAEL ANGEL Last name Fimt Middle Date of birM (mm/dd4yyy)
2. Current residential address:
3. Mailing address (if different):
PICKETT LAW FIRM, 917 TRIPLE CROWN WAY. STE. 100. YAKIMA, WA 98908
4. Residential address for six months prior to the date of the incident (if different fmm current address):
SEE ADDENDUM
5. Claimant's daytime telephone number: (Am/) Home
6. Claimant's e-mail address: NIA
NIA Business
INCIDENT INFORMATION
7. Date of the incident: Auqust 2. 2016 to present Time: 10:51 PM and onqoina to present
fmddKww)
8. If the incident occurred over a period of time, date of first and last occurrences:
from Auqust Time: 10:51 na.m. 0p.m. to Onaoinq to present . Time: - (mddd4yyy) fmm/dd4yyy)
SEE ADDENDUM
9. Location of incident: Washinqton. Yakima Countv. Wapato Citv of Wapato State and county City Place where occurred
10. If the incident occurred on a street or highway:
SEE ADDENDUM Name of street Street Address At the inte~ection with or nearest intersecting street
Standard Tort Form
Revised 08/09
11. Agency or department alleged responsible for damagetinjury:
See Addendum
12. Names, addresses and telephone numbers of all persons involved in or witness to this incident:
See Addendum
13. Names, addresses and telephone numbers of all City of Wapato employees having knowledge about this incident:
See Addendum
14. Names, addresses and telephone numbers of all individuals not already identified in #I2 and #I3 above that have knowledge regarding the liability issues involved in this incident, or knowledge of the Claimant's resulting damages. Please include a brief description as to the nature and extent of each person's knowledge. Attach additional sheets if necessary.
See Addendum
15. Describe the cause of the injury or damages. Explain the extent of property loss or medical, physical or mental injuries. Attach additional sheets if necessary.
See Addendum
16. Has this incident been reported to law enforcement, safety or security personnel? If so, when and to whom?
See Addendum
17. Names, addresses and telephone numbers of treating medical providers. Attach copies of all medical reports and billings.
See Addendum
Standard Tort Form
Revised 08/09
NOTICE OF CLAIM FOR DAMAGES
Addendum
This is a claim for damages pursuant to RCW 4.96 and presented against the City of Wapato, acting by and through its agents, supervisory personnel, andlor employees, including but not limited to, City of Wapato Mayor Tony Guzman.
Defendant City of Wapato Mayor Tony Guzman
The claimant submits the following claim under penal@ ofperjury in accordance with the laws of the State of Washington.
The claimant is City of Wapato Police Officer, MICHAEL CAMPOS (pictured below). I~
NOTICE OF CLAIM FOR DAMAGES - 1
At the current time and for six months prior to the claim arising claimant resided .
The circumstances which brought about the injuries for which this claim is being filed occurred on or aboutbetween July 3 1,2016 to present in the City of Wapato, Yakima County, Washington.
On or about the above referenced date, claimant Michael Campos was dispatched to a report of domestic violence at 407 West 2nd Street in Wapato. While investigating the incident Officer Campos and fellow police officer, Larry Ehrhardt, encountered Mario Torres.
Torres had apparently gotten into an argument with his girlfriend, Rita Alvarado, because he suspected her of cheating on him. It was eventually discovered that Torres had alcohol and methamphetamine in his system at the time of the incident. It was determined that Torres should be taken into custody.
During the encounter Torres actively fought back against both officers, and resisted being taken into custody. Officer Campos was pushed back and into a bathtub by Torres. Officer Campos landed on his back with his legs up and over the side of the tub. At some point in time Torres was able to take Officer Campos' Taser and shoot Officer Ehrhardt. Torres then turned toward Officer Campos and pointed the Taser at him. Officer Campos was forced to shoot Torres who posed a threat of serious physical harm to both Campos and Ehrhardt.
In response to the incident, Wapato City Mayor, Tony Guzman, publically published the following comments about Officer Campos:
. . . . What a fuckingpiece of shiL!! I hope that theyprosecute him [Campos] to the fullest exient of the law!! He deserves to die in prison!!! To MURDER someone in such a callus manor deserves to be in prison!!! If not executed for murdering him in front of his family.. . . . If you have an once [sic] of dignity, never show your face in Wapato, and take the Chief with you!!! See attached as Plaintiffs Exhibit A.
After a full and impartial investigation, Officer Campos was found to be justified in his use of deadly force under the circumstances and that no Wapato Police Dept. policies were violated. See attached Reports of Detective Mike Russell, dated August 19,2016; Reports of Joseph A. BNS~C, dated October 20,2016. See attached as plaintiff*^ Exhibits B and C.
The City of Wapato and its Mayor owe a duty of care to its Police Officers, including Officer Campos, to not create a hostile working environment that puts Officers in danger. The City of Wapato and Mayor Guzman have failed miserably in this regard.
The published comments of Mayor Guzman are hostile in nature, defamatory per se, and place the life of Officer Campos in fkrther danger. The comments of Mayor Guzman
NOTICE OF CLAIM FOR DAMAGES - 2
have further destroyed the Wapato Police career of Officer Campos. See attached statements of longstanding Community Law Enforcement Officers regarding the improper comments, verbal attacks, and danger resulting fiom the improper actions of Mayor Guzman. See attached as Plaintips Exhibit D.
The injuries and damages suffered include:
Michael Campos, including but not limited to, economic and non-economic damages; hostile work environment discrimination, sever emotional distress and mental anguish; violations of equal protection and due process, attorney fees; and all appropriate remedies authorized under law.
Names of witnesses include:
Michael Campos Wapato Mayor Toney Guzrnan Joseph A. Brusic, Yakima County Prosecuting Attorney Mike Russell, Detective Yakima County Sheriff Joe Aguilar, Deputy Yakima County Sheriff Police Chief Jeff Ketchum, Tieton Police Dept. Sgt. Guillermo F. Rodriguez, Selah Police Dept. Ruben Campos, Eastern WA Investigations Dillon Carlone, Commissioned Officer, WSP Terry1 Way, Law Enforcement, Union Gap Police Dept. R. Martinez, Wapato Police Dept., Corrections Steve Bmchman, Teamsters Local Union 760
The damage amount claimed herein is $1,500,000.00
I certrfi and declare underpenalv ofperjury under the laws of the State of Washington that the foregoing is true and correct.
Dated at Yakima, Washington this 7" day of December, 2016.
\ I
AEL CAMPOS
Responsive documents must be received by the following l e d representative within 60 days to avoid fiuther lewl action:
P I C m LAW FIRM 917 TRIPLE CROWN WAY, SUITE 100 YAKIMA, WA 98908 Tel: (509) 9721825 Fax: (509) 972-1826
NOTICE OF CLAIM FOR DAMAGES - 3
EXHIBIT: A
EXHIBIT: B
EXHIBIT: C
Joseph A. Brusic Prosecuting Attorney
Yakinla County Prosecuting Attorney's Office
$ ,', 128 ~ 0 1 t h Second street, ~oom~329 .,. . Yakima, WA 98901
Phone: (509) 5741210 Fax: (509) 5741211 [email protected]
October 20,201 6
David Simmons Chief of Police Wapato Police Department 205 S. Simcoe Avenue Wapato, WA 98951
YPD Det. Kasey Hampton #6170 Detective Division, Major Crimes Unit 200 S. 3rd Street Yakima, WA 98901
RE.: O f f ~ e r Involved Shooting Wapato Police Officer Miclzael Campos #26 July 31,2016 YPD Case No. 16Y033513
The following decision regarding the officer involved shooting as indicated above is based upon the reports and documents that I have received from the Yakima Police Department, as well as assistance from a number of other local law enforcement agencies including Wapato PD: Washington State Patrol, Zillah PD, Yakama Tribal, Yakima County Sheriffs Ofice, Granger PD and the Union Gap PD. I have received these reports after the completion of their full investigation surrounding this shooting of Mario Martinez Torres, , on July 3 1, 2016 at 407 W. 2nd Street, Wapato, WA. The Yakima County Prosecuting Attorney's Office has now completed its review of the reports, videos, recordings and various statements created during that investigation.
The relevant statute pertaining to an officer involved shooting here in the state of Washington is RCW 9A.16.040 -Justifiable homicide or use of deadly force by public officer, peace officer, person aiding. The specific sections in the Revised Code of Washington are RCW 9A.16.040(l)(b) and RCW 9A.16.040(l)(c)(i). In addition, RCW 9A.16.040(2) delineates how deadly force is to be used under subsection (l)(c). RCW 9A.16.040(l)(b) provides, in part, that the use of deadly force by a law enforcement officer is justified when necessarily used by a peace officer to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge ofa legal duty.
Additionally, RCW 9A.16.040(1)(c)(i) permits the use of deadly force if necessarily used by a
peace officer to arrest or apprehend aperson who the ojyicer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony. In such a situation, the officer must have probable cause to believe the suspect, if not apprehended, poses a threat of serious physical harm to the officer or a threat of serious physical harm to others. Circumstances which may be considered by peace officers as a "threat of serious physical harm" include the situation where the suspect threatens the officer with a weapon or displays a weapon in a
manner that could be reasonably construed as threatening or there is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm. Under these circumstances, deadly force may also be used if necessary to prevent escape from the officer, where, if feasible, some warning is given.
Finally, the key statutory provision involving a homicide committed by a law enforcement officer is RCW9A.16.040 (3) which provides the standard that must be used to hold a law enforcement officer culpable for a homicide. This statute states the following:
A public offieer or peace officer shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifable pursuant to this section.
INVESTIGATION
The following facts are relevant to my decision determining whether this homicide was justifiable or not based upon the investigation performed by the Yakima Police Department and other law enforcement agencies as noted above.
On July 31,2016, WPD Officer Michael Campos was working his scheduled shift with the Wapato Police Department which began at 7:20 pm and was to conclude at 6:00 am the next morning. He was in his department issued jumpsuit uniform which clearly identified him as a Wapato Police Officer. Shortly after 8:00 pm that evening, YSO received a report of domestic violence incident at 407 West 2"* Street in Wapato. Campos was advised that a female could be heard yelling in the background. Officer Campos arrived at the location in his marked patrol vehicle at approximately 8:18 pm. Officer Campos was alone at that time. He had never previously been sent to that location nor did he have any history with the occupants.
When Campos arrived, he observed an adult male and female outside with other younger people around. The adults we arguing about what was transpiring inside the residence at that location. The adult male yelled at Campos and said the male inside had assaulted him, his mother and children and that he wanted him arrested. He stated that the male was high on drugs and he was breaking things. This Hispanic male was relating all of the above in Spanish which Campos understood because he is fluent in that language. Campos approached and heard a female pleading inside the residence as well as yelling and screaming that seemed to be from children. They were additionally told that either children were being hit or being held inside and that the suspect had assaulted his mother. Wapato Police Sgt. Larry Ehrhardt had arrived as backup at that time. After Ehrhardt was briefed by Campos and the adult male, permission was given to the officers to enter the home.
This adult male was determined to be Roberto Torres, brother to the suspect and later the decedent, Mario Torres. He indicated through investigation that Mario had gotten into an argument with his girlfriend, Rita Alvarado, because he suspected her of cheating on him. Rita was inside the residence when the officers arrived. Through investigation, Rita later advised that Mario and she had been dating for about a year and that there, in fact, had been an argument regarding the above.
Officer Campos yelled through the locked door, "Wapato Police, open the door!" in both English and Spanish. No one came to the door so the adult male climbed through the window and let them in the house. They rushed in and were confronted by a woman screaming. They observed an adult male run to a back room and slam the door behind him. The officers heard children crying but they were not in that immediate room. However, the crying seemed to be coming from the area where the man ran to and closed the door. The woman that was screaming was the suspect's mother and she begged them to help her son. It was getting very chaotic at the scene and more people were gathering outside the house. Campos announced his presence outside the door where the suspect had run. This room was determined to be the bathroom. The door was locked so Campos kicked the door and it came open two to three inches but was then slammed shut by the suspect. They were then able to force the door open and enter. The bathroom was very small and very warm. Each officer grabbed the suspect by an arm but he broke free. According to the officer's reports, the suspect was extremely strong and fought back. Campos attempted to apply an arm bar and Ehrhardt attempted to apply pressure to the suspect's carotid arteries to cause him to lose consciousness. All attempts failed. The officers were becoming fatigued and hot and both felt they were losing the battle to take hi into custody. Campos attempted again to grab his head and the suspect pushed Campos back and into the bathtub on his back with his legs up and over the side of the tub. The bathtub was equipped with sliding doors which were together on the right side. Campos fell into the open area of the tub. The bathroom was exceptionally confining with three adult males fighting therein.
Campos hit his head on the back wall and his chin was pushed down to his vest. His knees were forced up toward his chest. Somehow, the water had been turned on which created a very slippery bathtub. Sgt. Ehrhardt was still struggling with the suspect and attempted to grab his neck area as the suspect punched Campos. Officer Campos punched back. At that time, the suspect reached for Campos' gun and Campos yelled to Ehrhardt to help him. Campos, at this point, truly feared for his life as well as for Sgt. Ehrhardt's life.
Campos punched the suspect again and placed his right hand over his firearm. He used his left hand to take out his Taser and told the suspect that he was going to tase him. The suspect ripped the Taser from his hand, hurting Campos' finger. Campos yelled that the suspect had taken his Taser and for Ehrhardt to deploy his Taser. The suspect screamed at Ehrhardt that he was not going to tase him. Ehrhardt at that point felt a tingling in his leg and realized he was being tased. However, he was not dropping to the floor. Torres had taken Campos' Taser and had shot Sgt. Ehrhardt. Ehrhardt had deployed his Taser but nothing happened to Torres.
Ehrhardt observed the suspect then turn back to Campos who could not get out of the tub and was unable to move. Campos observed the suspect turn at him and aim the Taser at him. The suspect was standing over and above Campos aiming the Taser at him. At that point, Campos yelled "I am going to shoot him!" Campos removed his firearm with his right hand and shot four
times at the suspect who then dropped backwards in the very confined bathroom space. Just prior to that, Sgt. Ehrhardt had decided to rush the suspect one more time and hit him because he observed the suspect turn back towards Campos. At that point, Ehrhardt heard the shots fired from Campos' gun and saw the suspect fall backward.
The officers called for aid and indicated shots had been fired. Additional back up was summoned because of the large emotional crowd that had gathered at the residence. The officers checked themselves for injuries and Ehrhardt told Carnpos he had been tased. Both officers received brief medical treatment after the incident. Sgt. Ehrhardt sustained abrasions and contusions to his left arm and hand. Officer Campos sustained a cervical strain and received abrasions to his head, both elbows and knuckles as well as a scalp contusion.
Paramedics arrived at the scene and administered first aid to Mr. Torres. Tragically, he was pronounced dead at approximately 8:45 pm that evening.
An autopsy was performed on August 2,2016. The manner of death was classified as a homicide. Mr. Tones sustained three penetrating gunshot wounds to the chest with injuries to the left lung, aorta, thoracic spine, heart, liver, right lung, left arm and humerus. The fourth bullet grazed his left upper shoulder. Office Campos shot Mr. Torres with his department issued firearm, a .40 Smith & Wesson Glock Model 22 semiautomatic pistol. Forensic evidence and evaluation by the Yakima Police Department and the Washington State Crime Lab showed only four shots fired and the casings were recovered from the bathtub. Officer Campos' Taser, used by the suspect to shoot Sgt. Ehrhardt in the leg, was recovered in the bathroom as was the cartridge. Damage to the bathroom wall inside the tub area was noted and corroborated Officer Campos' description of how he was thrown into the tub area. The shell casings positions and damage to that wall were consistent with Officer Campos discharging his firearm from that bathtub.
Further analysis and evaluation by the Washington State Patrol Toxicology Laboratory of the blood, urine and vitreous fluid of the decedent indicated that he had both alcohol and methamphetamine in his system at the time of his death.
CONCLUSION
This was an excellent investigation by the Yakima Police Department and other law enforcement agencies involved under some very difficult circumstances. The scene at the residence where this homicide took place was chaotic and was difficult to control but I do not find that the evidence obtained was compromised in any way. I also find that all law enforcement that investigated this incident did so in a professional and complete manner. I do not find any conflicts of interest from any officers or departments, especially the Yakima Police Department, in performing this investigation.
I conclude that, based upon the facts as I know them from the substantial investigation that was undertaken and presented to me as well as the current applicable Washington state law, Wapato
Police Department Offlcer Michael Carnpos wnr just~ped in Iris use of deadly force under the
circumstances as they appeared to him at the address of 407 W. 2"" Street in Wapato, Washington. Officer Campos responded to this address based upon the reported allegation of a potential domestic violence confrontation. He had not been to this residence before and he was not familiar with the occupants. He encountered several individuals outside the home who expressed that a male inside had engaged and allegedly assaulted several individuals just prior to the officer's arrival. The officers, in fact, heard screaming coming from inside the home. Once having probable cause for assault involving domestic violence, they were asked to go inside the home and deal with this person who persons at the scene described as "crazy" and on drugs. They were allowed inside and observed the adult male run into a room and shut the door. They eventually forcibly entered that bathroom and encountered the male who immediately got into a physical confrontation with both officers while they attempted to arrest him. Their efforts proved futile and the suspect was overcoming the officer's attempts to subdue him.
Officer Campos was physically thrown onto his back in an extremely confined space, namely a bathtub, from which he could not extricate himself. He observed his fellow officer struggling tremendously with the suspect so he pulled his Taser and was attempting to use that non-lethal weapon but it was taken from him and used by the suspect on Sgt. Ehrhardt. Officer Campos understood what that meant to both officer's safety. He realized he was unable to get up due to his position, his size in a confined space and the water running in the tub. He observed the suspect turn back at him with Taser in hand and, based upon all the facts and circumstances presented to him at that moment, believed in good faith that he had no other option but to utilize deadly force upon Mr. Torres. He shot the suspect four times which led to his demise.
Officer Campos had announced who they were and they were in full uniform. They attempted to physically restrain the suspect but to no avail. Officer Campos believed that the two officers had been physically compromised. Campos had observed the suspect bend over and reach for his fuearm before Canlpos pulled his Taser. Once his Taser was ripped from his hand, Campos believed their safety was in complete jeopardy. I find that Campos, under these facts, had probable cause to believe that the suspect posed a threat of serious physical harm to himself and to Sgt. Ehrhardt.
Additionally, I find no evidence to show that Officer Campos used deadly force with malice which is manifested through an "evil intent, wish or design to . . . injure another person." Officer Campos was placed into a compromised physical position as soon as he entered the bathroom. He acted in good faith and with lawfulness of purpose. He had probable cause to believe there existed a very direct threat of harm to him and Ehrhardt and reacted accordingly. Thus, the deadly force used by him upon Mr. Tones was reasonable and necessary considering all the circumstances presented at that time. Officer Campos will not be charged with a crime in regards to this incident. He acted rationally and prudently as he had been trained.
Please contact me at your earliest convenience if there is any additional evidence that comes to light or if you have any questions or concerns.
Sincerely,
~ u & c ( r -
Joseph A. Bmsic ma County Prosecuting Attorney Yakima, WA (509) 574-1210
EXHIBIT: D
December 1,2016
As a veteran law enforcement officer and concerned citizen I am writing this letter in support of and out
of concern for the safetyof Wapato Police Officer Mike Campos. I write this letter expressing my own
observations and not in a law enforcement capacity.
On July 31,2016 1 saw and experienced firsthand the large crowd of citizens and the extreme hostility of
those who stood in front of the residence where the shooting took place. Some of these citizens called
for hostility against law enforcement officers in a very tense situation.
I have personal knowledge and know through media sources that the Wapato Police Officers including
Mike Campos were administratively and criminally cleared of wrongdoing in the shooting.
As often happens as a result of police shootings, the media outlets illustrated a great deal of citizen
hostility toward law enforcement as a result of this shooting. Many of these hostife sentiments were
documented in blogs located on local news feeds in which hostile persons suggested violence should
come to the Wapato police officers involved in the shooting.
i was then very disappointed at this difficult time, to find out through media sources that on October 31,
2016 Wapato City Mayor Tony Guzman made some very hostile public statements disparaging Mike
Campos. These statements personally referred to Mr Campos in expletive terms adding that Mr Campos
committed "murder" and "deserves to die in prison". Mayor Guzman then stated that Mr Campos was
"a disgrace to the Wapato PLY' and should "never show your face in Wapato".
Mayor Guzman's statements were extremely divisive. It is worth noting that Mayor Guzman would have
been aware that Mr Campos had been cleared in formal criminal and administrative reviews of the
shooting conducted by uninvolved law enforcement investigators as well as the Yakima County
Prosecuting Attorney's office.
At a time when Mayor Guzman could have been a voice of calm and healing in very painful times for
citizens and law enforcement officers alike, Mayor Guzman chose to be extraordinarily divisive and
Inflammatory in contributing to a hostile working environment for Mr Campos.
I have developed serious concerns regarding Mr Campos' ability to safely work for the City of Wapato
Police Department. The City of Wapato is small enough that Mr Campos can't simply be assigned to
another 'beat' location some distance away from those who know or are hostile toward Mr Campos.
There are no indications that Mayor Guzman is anything less than extremely hostile to Mr Camposor
that Mayor Guzman would take a neutral stance on any future investigations involving Mr Guzman.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true
and correct.
P a Mike Russell -Yakima, Washington
November 21,2016
Re: Mike Campos
To whom it may concern:
I'm writing this letter in concern for Officer Michael Campos. Campos, who has
been a friend of mine for the past 20 years was recently involved in an Officer
involved shooting. Campos was the officer that took the life of another.
As this investigation progressed Campos was subject to being placed on
administrative leave pending the outcome of the shooting. In the end Campos
was cleared of any wrong doing in the case and it was determined to be justified
with remedial training.
But as this case is still under investigation the Mayor of Wapato had went to
social media which is observed by millions of people, shared and re-shared and
further past onto other news sources, friends, family of the victim and people
thru out the world to see his post, which states Officer Campos is a piece of shit,
he hopes he rots in prison, he should be ashamed of himself because of what he
did and shouldn't show his face in Wapato any further.
The fact of the matter is that Campos did what he was trained to do, what we are
all trained to do, and that's protect others and himself from harm. The article
from the news states the suspect took a taser from one of the officers. A taser in
anybody's possession can take complete control over the person being tased. It
takes over muscle control and incapacitates a person when struck by the electric
probes or a direct contact with the taser itself. Given the opportunity a bad
person could easily take the Officer's firearm and use it on him and anybody else
in the room. Thus justifying why Campos feared for his life and the other Officer
and people also present.
But since the Mayor of Wapato took to social media, he's discredited the Officer
in his duties, put the Officer in substantial stress and basically put a target on his
back. Why? Because the Mayor of Wapato was friends with the deceased. Now
you have every gang banger in Wapato that will have ill regard for Campos in any
of his contacts while doing his duty as a Police Officer. You have Campos in a
position no matter what he does he will feel retaliation from City Administrators.
You've compromised his credibility on the street because of the destructive
criticism that was posted on social media. The fact the Mayor made it a concern
for other Officers feeling safe working with Campos with a target on his back.
Wapato has a gang problem as it is. The fact that the other Officer that was
involved in the shooting with Campos, was just shot a t by a local gang banger sets
a very bad president.
We put our uniforms on every day knowing that we might not get to come home
that day. We don't put on the uniform and think who am I going to shoot today?
Law enforcement has struggled the last few years with being ambushed and
criticized by every move we make. We don't have a crystal ball and can't
determine if someone's going to comply with simple commands, or will they fight
with you instantly. A Police Officer's job is mentally draining because you deal
with everyone's problems including your own. We second guess ourselves could
we have done something different? Did I just tear this family apart? Do I really
have to tell these parents their son was just killed in a car accident? Do I have to
take this person to jail because of a stupid mistake?
With all of the daily stress, now Campos has to feel threatened by his own
administration. As an administrator it's my job to protect my employees and the
public. It's not my job to judge individuals because they are a friend of mine or
take things to a personal level and wish harm upon them publicly. If I did these things, then I'm a liability to my Officer's and the public.
Chief Jeff Ketchum
Tieton Police Dept.
November 17,2016
To whom it may concern,
My name is Guillermo F Rodriguez. I have been employed by the City of Selah since 1995. I have held the rank of MPO for several years and I am currently at the rank of Patrol Sergeant. I have known Wapato City Officer Michael Campos for several years. Recently Ofc. Campos responded to a Domestic Violence Incident in which an Officer involved shooting occurred. Unfortunately as a result, the suspect died.
It is my opinion that every person that takes on the commitment of becoming a Police Officer does so in hopes of helping others and trying to make a difference in the community they work in. I believe that every Police Officer prays that they can get through all their years of service without having to discharge their weapons, let alone take someone's life.
In lite of the recent officer involved shootings throughout our country, there has been protests, riots, threats to kill Police Officer and several Police Officers have been killed. If you look into The State of Washington recent past, you will learn that we too have had our own tragedies. I believe that there is a threat to all Police Officers and specifically to Ofc. Campos. He had to face the ultimate test in his career. He had to discharge his duty weapon for fear of losing his life and that of his Sergeant and co-worker. I believe that being employed in the small city like Wapato, he is a target, in danger of retaliation and could be placed in a position where he would have to defend his life.
I certify (or declare) under the penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
W r m o F Rodriguez ela ah Police Dept. Desk: 509-698-7352 Cell: 509-728-3490 Email: [email protected]
EASTERN WASHINGTON INVESTIGATIONS P.O. BOX 9261 Yakima, WA 98909 Lic# 4313
509-307-5543
Offze of Ruben Campos
11-1 7-16
I am Corporal Ruben Campos who works for the Tieton Police department as a patrol officer and owner
of Eastern Washington Investigations as a Private Investigator. I have over 19 years of Law Enforcement experience. I have worked in the capacity of a Supervisor, Hostage Negotiations, First Responder, Child Fatalities, Corrections and Patrol. Etc.
I have worked around your most dangerous criminals from Homicide to Active gang members dealing with Yakima's most notorious gangs such as Nortenos and Surenos, both who have very strong ties within the community of Yakima in a negative impact.
On August 2,2016 at 10:51Pm Tony Guzman the Mayor of Wapato on social media ( Face book )
Guzman took it upon himself to make derogatory, slanderous and defamation of character comments against my brother Michael Campos, who is a police officer for the city of Wapato.
Guzman comment read:
"Campos had no idea that his good friend Rogelio was Mario's brother, until Rogelio confronted him!
What a fucking piece of shit!! I hope that they prosecute him to the fullest extent of the law!! He deserves to die in prison!! To MURDER someone in such a calus manor deserves to be in prison!! If not executed for murdering him in front of his family!!! SHAME ON YOU!!! E it's people like you!!! That give
Latinos a bad name. You are a disgrace to the Wapato PD. If you have an once of dignity, never show
your face in Wapato, and take the Chief with you!!! "
Guzman states Mario Torres is Rogelio brother. 1 would like to make a note. I have personally dealt with Mario Torres, while he was housed in the Yakima County Jail. Mario was not your average Inmate. Mario was an active Sureno 13 gang member and was re-housed to the 4m floor (EMU) Inmate Management Unit for him trying to take control of 60 plus inmates and be a tank boss.
Guman comments were to target Michael Campos for his audience-friends and the community to read,
which placed Michaels' life in danger when or if he returns back to work for the city of Wapato as a Police Officer.
Guvnan is leading his community to be negative towards Michael Campos and because of his personal comments and actions have placed Michaels' life in danger with his own community. If Michael returns back to work he will be set up on a police response call, so that a member of the community of Wapato or a gang member of the Surenos will take a shot at Michael and possibly killing him or the actions of the
suspect will place Michael in a position but to take another life out of self defense.
I certify declare under penalty of perjury of the laws of state of Washington the following is true and correct to the best of my knowledge my printed name is my signature.
Ruben Campos
e.
Declaration
From
Dillon Carlone
I am a fully commissioned Washington state law enforcement officer, who works in the area of Yakima
County Washington. I have been a commissioned officer of the state of Washington for approximately
four years. I have worked all four years within the areas of Yakima County.
On the night of 7-31-16 1 was on patrol in the area of Yakima County. I was advised by communications
at approximately 2029 hours that there had been an shots fired in the area of 318 (407) BLK 2nd St. in
Wapato WA. While in route I was advised by Yakima County Sheriff office t o expedite due t o the volatile
situation at the scene.
When I arrived on scene there were 15 to 20 individuals on the front lawn yelling and screaming a t the
two officers that were near the front door of the house. The two officer were attempting t o remove
multiple individualsfrom the front porch. Throughout the evening multiple people would yell "I am glad
that cops get killed." Multiple times throughout the night people verbally threatened us. The crowd was
very hostile towards all law enforcement.
The City of Wapato is a smaller city with a total population of only 5,051 people (2014) with in an area of
1.17 miles. When working in a smaller area of operation there is a higher likelihood of an officer
contacting the same individuals multiple times or working the same areas on a constant basis. Due to
the small size of Wapato the likelihood of an officer to have had prior contacts with the same individuals
is highly likely, these situations generally escalate quickly and will cause officer safety concerns.
In the incident involving Officer Michael Campos the need for additional officer safety concerns is very
heightened. Not only is there a concern possibly that some of the family or community may have some
ill will toward officer Campos but the mayor himself has spoken very unprofessionally utilizing swear
words to describe Officer Campos through social media outlets. This in itself would concern me
personally. If you do not have the support of the local government or at least professional respect, I
would not feel safe working in that type of community.
For any law enforcement officer personal safety and the safety of the public are the two upmost
important areas of our job. When an officer is involved in any area of arrest or legal enforcement on a
defendant the officer worries about their own safety along with the safety of the defendant and the
surrounding public.
In this era officer's are being ambushed and murdered for no reason but for being a police officer. As a
police officer myself I would not feel safe returning working in an area that has such a hostile attitude
towards my person. Just looking though social media outlets and comments made by the public you
can see the officer safety issues that Officer Campos will face. Due t o their negative feelings towards
officer Campos the public is highly likely to challenge Officer Campos while he is doing his job.
Some of the officer safety issues I believe Officer Campos will face if he returns t o work is as follows:
1. Going to calls of the family members of the individual that was shot.
2. Contacting any community members that have connections t o the individual that was shot
Declaration
From
Dillon Carlone
3. Dealing with a volatile and hostile community.
4. Lack of support from local Wapato government
It is only a matter of time due t o Wapato's small community that any of these scenarios will happen
involving Officer Campos. All the issues I have outlined in this declaration are very serious officer safety
issues and should be taken very seriously.
I certify (or declare) under penalty of perjury under the laws of the state of Washington that this
report is true and correct (RCW9A.72.085).
Nothing t o Follow
Dillon Carlone
Wapato Police Department 205 South Simcoe Avenue Wapato WA 98951
Phone: 509.877.4275 Fax: 509.877.7363
I am writing in regards to Officer Campos;
I n regards to the circumstances of what's going on right now. It would not be a good idea to bring Officer Campos back to the Wapato Police Dept. I fear for his safety, the liability, we are adding to Officer Campos' Safety is tremendous. I f he comes back the safety for an Officer will then become for more than just one Officer Everyone that wears the badge will always have to be looking over their shoulder.
It is a good possibility that Officer Campos could be set up for another shooting. Officer Campos will be like a baby here and have to learn how to walk again in this town. No respect, no trust. We all need the people and must have a good repore with them all. The people in this town need the police Dept.
Everything I have said in this letter of declaration, is only my opinion, with all this being said, I hope, that we can all take this into consideration, and realize what we will be putting Officer Campos through, I f we bring him back.
He will be in a hostile environment and is not going to be fair to him.
I certify (or) declare under penalty of perjury under the laws of the State of Washington that the foregoing report, written in the county of Yakirna is true and correct
Date: 11-24-16 Time: 06:21:51 WS2 Officer Martinez
12 %-% ddz
Council meets on the first and third Monday of each month. Ell concilio se junta cada primer y tercer lunes de cada mes
Good evening. I am Steve Bruchman, Business Representative for Teamsters Local Union 760; we
represent the police officers, corrections officers, support staff and court administrator. I am here to
share important information with those City officials who took a solemn oath to serve.
Members o f the Wapato Police Department continue to do their jobs effectively. These men and
women are sewing the public every day and night, so this community can safely go about their lives.
Police are involved in two types o f activities: 1. Proactive, wherein they initiate activities. 2. Reactive,
wherein they respond t o a call for police services. Sometimes these are urgent matters where victim(s)'
safety is at risk. The law requires officers t o intervene in these matters. They must deal with the actions
of other people, do the best they can while facing immediate threats to their lives, relying upon their
training and experience to resolve the matter they are called to.
Any person who has not been personally confronted with a kill-or-be-killed encounter cannot
comprehend how fast events occur.
A series of events occurred leading t o the present time:
1. July 31'' domestic violence incident resulting in an attack on responding police officers; the
suspect died during the encounter.
2. A professional police department immediately conducted a criminal investigation.
3. The elected Prosecuting Attorney reviewed the incident and determined the use of force was
justified; declined prosecution.
4. A professional sheriffs office investigated the incident for policy and procedure violations,
determining the officers' actions were within policy.
5. Within three days o f the incident, the City Mayor made a clear written declaration (social media)
that the veteran police officer was guilty of a crime and that severe punishment, even execution
of the officer, should occur.
6. A professional newspaper reporter interviewed the City Mayor regarding the declaration o f
guilt against the veteran officer. The City Mayor maintains this declaration o f guilt for public
dissemination.
The words and actions of the City Mayor have caused: a severe breach o f trust between the Police
department employees; incited distrust o f the Police within the community they serve; falsely accused a
veteran officer o f criminal conduct, thereby harming his personal and professional reputation AND
placing him and other officers in greater danger of attack.
There is no easy way to say this, but, Mr. Mayor, your actions and words convict you o f bias against the
Wapato Police. There is not any actual or contrived excuse for the damage you have caused. There is
every indication that your chosen actions in this matter violates your oath o f office:
The following 00th of office is one that is commonly used:
1, - do solemnly swear [or affirm] that I will support the Constitution of the United States and the Constitution and laws of the State of Washington, and 011 local ordinances, and that I will faithfully
and impartially perform and discharge the duties of the office of Mayor, according to the law and the
best of my ability.
Due t o this apparent bias, we believe it is inappropriate for you t o involve yourself i n any matters
related to the police department employees: Please recuse yourself.