Tag Archives: spd

Seattle Police Officer Daniel Auderer could be fired for unprofessional conduct

[WBHG News 24 – Seattle] – After a January 23 report from the Seattle Office of Police Accountability concluded Officer Daniel Auderer violated SPD’s professionalism and bias-based policing policies while discussing the death of Jaahnavi Kandula, including saying she had “limited value,” SPD leadership has recommended harsh discipline, up to termination.

On the night of January 23, 2023, Officer Kevin Dave was responding to a drug overdose call when he struck 23-year-old college student Jaahnavi Kandula in a marked crosswalk while driving 63 MPH, mortally wounding her. Dave stopped briefly, radioed he hit a pedestrian, and then continued to the cocaine overdose call.

Auderer, a drug recognition officer and vice-president of the Seattle Police Officers Guild, was deployed to evaluate Dave for potential impairment. After conducting his investigation, a two-minute phone conversation with SPOG President Mike Solan was accidentally recorded on Auderer’s bodycam. A whistleblower within SPD found the video and reported it to his chain of command. The video was released to the public on September 11, 2023, sparking international outrage.

The recording only captured Auderer’s side of the conversation. After telling Solan, “She is dead,” he guffawed, then continued to mock Kandula, saying, “She had limited value,” and the city should “Just write a check – $11,000.”

One year to the day after the accident, OPA recommended sustaining the findings that Auderer “violated SPD’s professionalism and bias-based policing policies by laughing about Kandula’s death, describing her as having “limited value,” and making other disparaging remarks.”

OPA Director Gino Betts Jr. called the officer’s words “derogatory, disturbing, and inhumane.”

According to the Seattle Times, a Seattle Police Department Disciplinary Action Report has recommended punishment ranging from a 30-day suspension without pay up to termination. In a commanders’ disciplinary memo sent to Auderer, SPD leadership wrote, “Even crediting your explanation as true, that does not excuse the callousness of your comments.”

Seattle Police Chief Adrian Diaz will meet with Auderer on March 4, where he will be given a final opportunity to explain his conduct.

Kandula was a graduate student from India studying for her master’s degree at Northeastern University’s Seattle campus. Two days after the video release, the Indian Consulate in San Francisco called the video “troubling,” writing on Twitter (also known as X), “Recent reports including in media of the handling of Ms Jaahnavi Kandula’s death in a road accident in Seattle in January are deeply troubling. We have taken up the matter strongly with local authorities in Seattle & Washington State as well as senior officials in Washington DC.”

The U.S. State Department also issued a statement, calling the incident “disturbing.”

At the time of the accident, Dave was driving through a construction zone at 74 MPH with no siren. Kandula attempted to run but had less than one second to react, and an investigation found that Dave had slowed to 63 MPH at the moment of impact. A report released in June 2023 concluded, “Had Ofc. Dave been travelling [sic] 50 MPH or less as he approached the intersection and encountered [sic] and Ofc. DAVE and responded in the same manner; this collision would not have occurred.”

In August, when Auderer learned about the bodycam video, he asked OPA Director Betts Jr. for rapid adjudication. The optional disciplinary review enables a police officer to admit to minor to moderate policy violations and accept “reasonable discipline” without appeal, bypassing a formal OPA investigation. Betts Jr. denied the request, which SPOG decried.

With public outrage growing and a September 21 appeal by Seattle’s Community Police Commission to suspend Auderer indefinitely without pay, SPD administratively re-assigned him to desk duty.

Other statements made by Auderer have raised additional questions about the integrity of SPD’s accident investigation. In the same phone conversation with Solan, he said that Dave was driving no more than 50 MPH, and Kandula was thrown less than 50 feet. A secondary investigation found she was thrown 138 feet. The King County Prosecuting Attorney is considering criminal charges for Dave and has hired an outside consultant to conduct an independent investigation. An announcement is expected in the coming weeks.

Auderer is a 14-year veteran with SPD and no stranger to professional conduct investigations. Since May 2014, he’s been investigated 30 times by the OPA, referred to supervisory reprimand or guidance 11 times, and had allegations of unprofessional conduct sustained three times. His prior actions have cost the City almost $2 million in settlement payments.

SPOG has maintained its defense of its vice president, repeatedly stating that Auderer and Solan were engaged in “gallows humor” and declared, “The video captures only one side of the conversation. There is much more detail and nuance that has not been made public yet… SPOG has full confidence that the civilian led [sic] police accountability system known as the Office of Police Accountability / OPA will conduct a thorough and fair investigation.”

During the civilian-led investigation, Solan was called as the only witness. He has since accused the OPA of “union discrimination,” “intimidation,” and conducting a “fishing expedition” after being asked to meet with investigators for a second time to clarify his earlier testimony.

In his first statement to OPA on September 12, Solan told investigators, “It’s how police are,” adding, “Sometimes officers use sarcasm and humor to overcome emotional hurdles, which can be very burdensome.”

Solan claimed that he only agreed to meet with the OPA a second time after being warned he could face dismissal.

Kandula’s family, who lives in India, has not filed a lawsuit against the city. Northeastern University announced they would issue an honorary master’s degree later this week.

Seattle held in contempt of court over SPD use of force violations

From Malcontentment Happy Hour, December 7, 2020

The city of Seattle was found to be in contempt of court for multiple uses of force violations by a federal judge. The violations represent four distinct incidents, two on September 7, one on September 22, and one on September 23. The city of Seattle has until December 11 to respond and the federal court will issue a remedy on or by December 18.

Seattle Police change protest tactics

Since the September 7, 2020, SPOG Rally, where Seattle Police used flashbangs, blast balls, pepper spray, and sponge-tipped rounds almost indiscriminately, the department has shifted tactics. By early October, they have modified how they use bike officers and have virtually eliminated the use of explosives. This shift in tactics has resulted in targeted arrests.

Previously, when engaged with protesters, officers would standoff, then move in force at an entire group due to a single protester’s action. Officers on bicycles would typically lead these charges supported by officers on foot. These tactics created a stronger response from protesters and injured more people. Sweeping arrests occurred with suspects misidentified, credential press and medics arrested, and charges filed with no supporting evidence. 

Local news affiliate KOMO reported that Mayor Durkan praised police officials for their change in tactics. “The Seattle Police Department is getting better now at being able to target arrests, to isolate people in the crowd that are [sic] doing the destructive things. We will continue to arrest people for that [criminal acts during demonstrations],” Durkan said.

What do these new tactics look like

SEATTLE POLICE ARREST TACTICS – NOVEMBER 30, 2020

November 30, 2020, the 21st anniversary of the WTO riots protest, highlights how SPD has changed tactics. Protesters broke windows at a Starbucks on 12th Avenue while SPD officers observed at a distance. As recently as October, this kind of action would have created an immediate response by police. Instead, officers followed protesters for a half-mile while controlling their route through a residential neighborhood. When the protesters tried to move off of 16th, SPD blocked their direction and kept them northbound using a dispersal order.

As the protesters continued to march, Seattle Police moved to within arms reach at times. Bike officers stayed on the street, and officers on foot walked on the sidewalk. Tactical support was provided by a vehicle equipped with LRAD, additional officers in two vans, and a SWAT unit in the Bearcat.

Radio communications and discussion from officers indicated they were planning a targeted arrest. SPD moved protesters toward the intersection of 16th Ave, E Madison Street, and E Pine Street. This intersection provided a broad paved area, bright lighting, and multiple routes of access. Additionally, it is a pocket of commercial businesses.

When the protesters reached East Pike Street, SPD moved back while confirming their target for arrest. They started to clear the street of medics and press, who usually follow behind direct action groups, to create an exact route. The officers on foot moved ahead of bike officers while staying on the sidewalk. When the protest group entered the intersection, Seattle Police moved quickly.

Officers ran on foot into the group of protesters, tackling three individuals. Officers on bicycles operated in a supporting role and created a protective circle. While making the bike barricade, they separated the protesters into two groups. Although officers have frequently used bikes as barricades, this appeared to be a secondary action.

After the arrests and another dispersal order to move up 16th, Seattle police bike officers made several false charges, stopping short just inches from the protesters. Police used a small amount of pepper spray, with a couple of protesters impacted, but made no additional arrests.

Two tactics that haven’t changed? First, Seattle police continue to give dispersal orders while not allowing protesters to disperse. Second, dispersal orders continue to drive protesters back to the protest starting point, where officers disengage. 

Was it a change in leadership

These changes started to form almost immediately after the retirement of Chief Carmen Best. Under Best’s leadership, Seattle Police seemed to use tactics that inflamed protesters and the public. The actions have resulted in multiple civil lawsuits for injuries and property damage at the hand of SPD.

Back on June 1, protesters were met with OC, tear gas, and flashbang grenades when the Seattle Police department erected the Western Barricade in Capitol Hill. The asymmetrical tactics by the Seattle Police resulted in more protesters assembling at the Western Barricade daily. An estimated 2,000 on June 2 swelled to 60,000 by June 6. Protesters faced escalating violence each day, reaching an apex on June 7. The Seattle Police Department controversially abandoned the East Precinct on June 8.

The Seattle City Council stepped in and banned tear gas use. Additionally, a federal judge also established a protection order on August 10. These orders didn’t stop the general use of force against protesters by the Seattle Police. According to the ACLU, there was disproportionate use of force on August 16, August 25, and September 7. The federal courts issued an order on August 10 as a result of SPDs actions on July 25. Those tactics now seem to be part of the past, even with large groups of protesters.

To observers and experts on civil unrest, the broad targeting of all protesters creates a vicious cycle. For every peaceful protester exposed to police violence, several more take their place. It also reinforces the Black Lives Matter message of police violence against people who aren’t breaking any laws.

No other city demonstrated this better than Portland, Oregon. When federal officers arrived and escalated the situation, the number of protesters swelled from around 100 to as many as 10,000. The area around the federal courthouse became a hotbed of civil unrest, receiving international news coverage. When federal officers left the city, the number of protesters dropped off quickly. 

Whether these changes are due to the direction of Chief Diaz or the result of pressure from court orders, OPA investigations, and lawsuits, public interest in protests is declining. Unfortunately, the racial inequality that impacts the BIPOC community has not changed.

Serious questions raised on SPD actions at September 7 protest

On September 7, 2020, 300 to 400 people marched from the International District to the Seattle Police Officer’s Guild (SPOG) offices in SODO. At 6:20 PM, Seattle Police took direct action against a mostly peaceful group, rushing in with over 100 officers in two directions. When the smoke cleared, Seattle Police and the Seattle Police Officer’s Guild claimed they moved on the group due to intelligence that an individual had Molotov cocktails. They advanced to arrest that person. Our investigation indicates the official version of the events that happened that day doesn’t stand up.

From September to November, both SPOG and SPD have released videos of events during the protest. The videos they released included security cameras, body cameras, and scraped content from journalists. We analyzed their video in combination with over nine hours of video Malcontent News captured on September 7.

The Seattle Police Officer’s Guild released a video on September 11, 2020, which highlighted an individual carrying a Corona beer box as the known suspect with the Molotov cocktails. SPOG accused the person of wanting to burn down their offices and that it was the march’s broader purpose. SPOG, in their video, states that was the reason police advanced on protesters.

In November, the Seattle Police Department released over an hour of security camera and officer’s body camera video from September 7. The SPD video also claims that police moved in on protesters due to an individual with Molotov cocktails. An SPD statement reads, “During the march, SPD received information that a suspect in the crowd had and was readying Molotov cocktails. members of the crowd began to gather outside SPOG, gathering and placing combustible material in front of the fence.

We interviewed protesters from that day, and one of our cameras captured a person throwing trash over the fence. Protesters told us they had picked up trash during the march from the International District and had planned to toss the garbage over the fence but had no plan or intent on lighting it on fire. SPD’s own story of a lone operative with Molotov cocktails morphs into a coordinated effort as their statement continues. “Others in the crowd began to take those same materials, throwing them over the fence in a coordinated effort.

Our video analysis shows that the man with the Corona beer box walks past the people leaving trash bags at the northeast corner of the SPOG fence. He continues to walk southbound past the SPOG building and into the main body of protesters adjacent to the SPOG parking lot. Just as Seattle Police move in, an individual throws one bag of garbage over the fence. The video doesn’t support the premise of a coordinated effort with the trash, nor coordination with the man carrying the box. 

An investigation that reviewed the officer’s statements, SPOG press release, videos, and the SPD released videos created more questions than providing answers. Our review shows that the Seattle Police had multiple opportunities to arrest the person allegedly with Molotov cocktails, yet took no action. 

Video recorded by journalists on September 7 shows the person of interest standing mere feet from officers, directing protesters to head north. Seattle Police Department body camera video shows the individual in front of multiple Seattle police and SWAT officers. Another video shows the person of interest about an hour later, marching back with protesters.

The man holding the Corona beer box has been a point of controversy from all sides since September 7. Some people in the protest community have told us he is a “stupid protester” operating independently. Others have accused the individual of being part of the extreme-right, there to discredit the movement. Some suggested the individual seen later in videos is a different person from the one carrying the Corona beer box.

Our analysis discovered that the man carrying the Corona beer box had a red shirt under his darker shirt. A camera caught a glimpse of the red shirt sticking out from under his sweat jacket about 30 minutes before the protest group arrived at SPOG headquarters. SPD body camera video, which shows SPD officers ignoring the man, also shows the same red undershirt. 

Part of SPD’s claims is that on September 7, people inside SPOG headquarters smelled gasoline. The claim being, they could smell the Molotov cocktails outside. On the same day, the SPD Twitter released a photo of the opened beer box showing the contents inside. However, the bottles appear to be empty or near empty, and nothing in the contents has the color of gasoline. 

SPD’s statement from the day declares, “Lt. Brooks ordered the arrest of the suspect with the Molotov cocktail and at 6:20 PM SPD made its first contact with the crowd…” The wording is essential. Like the SPOG video of September 11, the SPD statement establishes they knew who the suspect was. That person is the man carrying the Corona beer box. Not only is he never captured, he stands feet away from police on multiple occasions where arresting him would have been safe for officers.  

Our investigation concludes that the Seattle Police Department’s claim that they advanced on protesters to arrest an individual they knew to have Molotov cocktails is highly questionable. The Seattle Police Officer’s Guild identifies the person in their video on September 11. In the videos released by the Seattle Police Department in November, the same individual goes ignored in their analysis.

1500 march in Seattle for 150 Days of BLM Protest

The video includes strong language, discussion on violence, and police activity.

An estimated crowd of 1500 assembled on Capitol Hill to march in recognition of 150 days of continuous Black Lives Matter protests in Seattle. Assembling at Cal Anderson Park, once the heart of CHOP, at 6 PM, the crowd continued to swell as a host of speakers and organizers addressed the enthusiastic crowd. Three black-owned businesses did a brisk business before protesters assembled for their march.

The march route went through downtown and stopped briefly at the West Precinct. The Seattle police reported graffiti was painted on the ecology blocks that surround the building, and some bottles were thrown. We witnessed fresh graffiti but did not see, nor hear any bottles. The march then went to Westlake, where there were more speeches by organizers and black leaders, a candlelight vigil, and live music by the Marshall Law Band. During this time a group of an estimated 100 protesters broke off and moved traffic barricades into the street according to Seattle Police Department reports.

For the return to Capitol Hill a smaller group, who had attended for over four hours, marched back to Broadway and Pine. As the evening march concluded, a large group from ENDD in black bloc, marched east on Pine before turning north on 11th. A resident of Capitol Hill reported that eggs had been thrown at the East Precinct and there was fresh graffiti.

Seattle police then appeared in force heading west on Pine and drove at a high rate of speed north on 12th. When our team moved to investigate, a large group of protesters rounded the corner at 12th and Pine, heading west, with Seattle Police chasing them with dye enhanced pepper spray and batons. No pepper spray was deployed, and upon our arrival with cameras, SPD released two they were just taking into custody and told the third person, “take a walk.” One was held by SPD while one community member yelled from a window and another protester heckled officers. Ultimately the individual was released.