Death of Otto Zehm

Incident and death

On March 18, 2006, Otto Zehm, a white janitor without a car, walked to his bank’s ATM to withdraw cash. Two young women in a car at the ATM mistakenly phoned police, claiming a man was trying to steal from the machine. They followed Zehm in their vehicle, updating dispatchers as they went. Zehm then entered a convenience store he often visited for a soft drink and fast food.

Security footage shows that within sixteen seconds of officer Thompson entering the store, he approached Zehm—who had his back turned—ordered him twice to “drop the pop,” and struck him with a baton, knocking him to the ground. This was the first of at least seven baton blows, including hits to the head. Within another sixteen seconds, Zehm was also tasered. Police improperly hog-tied him and left him face-down on his stomach for over sixteen minutes.

Officers requested a non-rebreather mask from paramedics and placed it on Zehm’s face, but it was not connected to oxygen. Three minutes later, Zehm stopped breathing. No alcohol or illegal drugs were found in his system.

Controversy involving officers

Of the seven officers who attacked Otto Zehm, three got one paid day off. No other Spokane police officer or administrator faced any discipline, suspension, or firing for the case. Officer Jason Uberuaga, one of those involved, was later fired for conduct unbecoming after an alcohol-related incident with sexual misconduct allegations in 2007. A union arbitrator ruled the firing too harsh, and he was reinstated with 10.5 months of back pay.

Another officer, Dan Torok, wrote that when his knee hit Zehm, he heard him exhale and could force his arm behind his back. Zehm was also hog-tied and left face-down for 16 minutes, with a non-rebreather mask placed on his face but no oxygen attached, making it harder to breathe. He stopped breathing, was taken to a hospital, declared brain-dead, and died two days later. His final words were, "All I wanted was a Snickers Bar."

Analysis and impact

The death of Otto Zehm sparked public anger and protests against the Spokane Police. On July 9, 2007, after a separate incident where 17 people were arrested in Riverfront Park, roughly 200 demonstrators assembled near the Public Safety Building to call for an independent police oversight body.

The crowd later walked to City Hall to voice their demands to the city council. Local news covered the case heavily, and the push for oversight grew. Pierce Murphy, head of the Boise ombudsman office, visited Spokane multiple times, appearing at a Gonzaga accountability forum and before a Whitworth University theater production focused on police power and Zehm's death.

Federal indictment and trial

On June 22, 2009, a federal grand jury indicted Spokane Police Officer Karl Thompson on two felony counts: unreasonable use of force and making a false entry into a record being investigated by a federal agency. Thompson was the first of seven officers to respond to the Zip Trip. The unreasonable use of force charge stemmed from surveillance video showing 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 a drive-stun taser application.

Federal prosecutors confirmed the charge was due to injuries from the initial baton blows, not Zehm's death. 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 local media coverage. Judge Fred Van Sickle excluded Spokane County residents from the jury pool. On November 2, 2011, the jury found Thompson guilty on both counts: excessive use of force and lying to investigators.

Over 50 police officers attended the verdict announcement and saluted Thompson in solidarity. Defense attorneys argued for a sentence of zero to 16 months; prosecutors recommended 9 to 11 years. On November 15, 2012, Judge Van Sickle sentenced Thompson to 51 months in federal prison and ordered him taken into custody immediately, over defense objections.