Otto Zehm - Federal Indictment and Trial

Federal Indictment and Trial

On June 22, 2009, a federal Grand Jury handed down an indictment on Spokane Police Officer Karl Thompson. Thompson is a veteran of the force and was the first of seven officers that responded to the Zip Trip. The 2 counts are: unreasonable use of force and making a false entry into a record being investigated by a federal agency. Both counts are felonies and could hold a 20 year maximum sentence if Thompson is convicted on both charges. Standard sentencing ranges for these offenses would likely result in confinement in a federal institution for 2–4 years. The unreasonable use of force stems from the surveillance video that shows Thompson approaching Zehm from behind and striking him to the ground moments after Zehm turned and faced the officer without any indication of aggressiveness, followed by multiple vertical baton blows and an application of a drive-stun taser. Zehm was not acting combative at the time of the initial blow and only started fighting back after Thompson engaged Zehm with force. Federal prosecutors confirmed that the unreasonable use of force charge against Thompson was due to the injuries Zehm suffered from the initial baton blows and not Zehm's death. It is unclear at this time if more indictments will be handed down for Zehm's death or for his improper restraint for being hog-tied on his stomach with a non-rebreather mask.

Thompson's federal trial began on October 12, 2011 with jury selection. The trial was moved from Spokane to Yakima, Washington after defense attorneys raised concerns about the extent of local media coverage of the controversy. Judge Fred Van Sickle of US District Court in Yakima ruled to exclude residents of Spokane County from the jury pool in the interest of fairness.

On November 2, 2011, the jury found Thompson guilty on both counts; excessive use of force and lying to investigators about the confrontation. Over 50 police officers were in attendance when the verdict was announced and saluted Thompson in a show of solidarity.

Thompson's defense attorneys argued for a sentence of zero to 16 months, while federal prosecutors recommended a sentence of between 9 and 11 years. On November 15, 2012, Judge Van Sickle sentenced Thompson to 51 months in federal prison. Judge Van Sickle also ordered that Thompson be taken into custody immediately over the objections of Thompson's defense attorney, who wanted him to remain free while the verdict is appealed.

Washington State paid $541,180 in legal fees to the law firm defending Karl Thompson. Thompson was declared indigent in July, 2009 following an uncontested divorce initiated by his then-wife, Diana J. Thompson. The terms of the divorce decree transferred the bulk of the family assets to Diana, including their $675,000 home, alimony in the amount $1,500 per month, and 50% of Thompson's pension. In addition, all community debts were assigned to Karl Thompson. Thompson continued to live with his ex-wife following the divorce, and shared joint assets and bank accounts in contravention of the divorce decree, until his sentencing and incarceration. Prosecutors have alleged the divorce was fraudulent, undertaken for the dual purposes of shielding assets from the civil suit filed by the Zehm family and forcing the State of Washington to pay for Thompson's legal defense costs.

Thompson is currently serving his sentence at the Federal Correctional Institution, Safford, a low-security prison in Arizona.