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2021 video shows Trump flag, mock tombstone of teen killed in police shootout in SPD break room

The inappropriate items were located in the East Precinct break room. An attorney discovered them in 2021 body camera footage while working on a separate lawsuit.

SEATTLE — The Seattle Office of Police Accountability is investigating after body camera footage revealed what the department admitted were inappropriate items displayed in the Seattle Police Department’s (SPD) East Precinct breakroom.

Braden Pence, an attorney for MacDonald, Hoague, and Bayless released the body camera footage that was discovered while working on a separate graffiti lawsuit. Pence said they released the footage, first through the Seattle Times, because the people of Seattle have the right to know about their police department.

The body camera footage from Jan. 1, 2021, showed officers responding to a call and on the wall, a “Trump 2020” flag was on display.

As officers are leaving the room, the body camera catches a mock gray tombstone above the microwave with the name Damarius Butts, a 19-year-old who was shot and killed by Seattle police.

“I was horrified and I was disgusted,” said Joel Merkel, co-chair of the Seattle Community Police Commission.

Credit: Courtesy of Braden Pence
2021 body camera footage shows a fake tombstone for Damarius Butts, who was killed by police, and a Trump 2020 flag in a Seattle police breakroom.

The Seattle Community Police Commission is a voice for the community and part of the department’s accountability system. The commission makes recommendations to the Seattle City Council on SPD policy. Merkel said the display of a campaign flag violates policy.

“They're entrusted to provide constitutional policing services, they serve the public, they take an oath to serve the public. There should be no politicking, at their job, their worksite,” Merkel said.

The commission is calling for accountability and looking to see if policies need to be changed.

In a statement, attorneys for MacDonald, Hoague, and Bayless said in part:

“Casually displaying the tombstone of a person you killed in your break room is disgusting. The Butts family is owed a deeply felt apology for the horrific disrespect shown by SPD. The East Precinct break room hints at a deeper problem than a 'few bad apples.' Precinct leadership either tacitly approved or willfully ignored what was happening in the breakroom.”

Butts was shot and killed in 2017, during an exchange of gunfire when police responded to a robbery. Three officers were hurt in the shooting. In March 2022, an inquest jury found officers used appropriate force, but the inquest was still underway when the body camera video was taken.

“They knew at the time that the inquest had already begun, and should have been a lot more sensitive to the fact that this was very disrespectful and grotesque, really to his family,” Merkel said.

La Rond Baker, ACLU-WA legal director and attorney representing Damarius Butts’ family said in a statement: 

“We are extremely horrified by the behavior of the individual SPD officers responsible for this demonstration of deep disrespect of Damarius Butts’ life. We are even more disturbed that SPD allowed such a culture to flourish so openly in its ranks and in its precinct facilities. Seattle deserves so much better from an agency sworn to protect Seattle residents.”

In a statement, the Seattle Police Department said, “While we do not know the origin or intent behind items observed in the East Precinct Bicycle Repair Room, there is no question that they are inappropriate and have no place in a City facility.”

The video also showed a protester's sign saying “Stop killing us.” The East Precinct was at the center of protests following George Floyd’s murder in 2020.

“It's hard for the public to have trust in their police department and police officers when they see things like this,” Merkel said.

In a statement, SPD said it’s reviewing policies and procedures and said “Commanders are also instructed to conduct thorough inspections of precincts and office space to ensure any decor is appropriate under City standards and aligns with our core values and mission of public service.”

“I know this happened under a previous police chief, but I want to know how Chief Diaz would handle this if it happened today,” said Merkel.

SPD said in a statement: 

"The images captured on body worn video in January of 2021 show inappropriate items inside a room at the East precinct.

While we do not know the origin of the items in question from 2 ½ years ago, there is no doubt they are inappropriate.

We recognize the hurt and disappointment this has caused.

Much has changed since this footage was recorded in January of 2021, including the department’s relational policing initiative, focused on community engagement and a commitment to service. We know it takes time to build trust, and trust is fragile. We continue to work with our community to ensure the department mirrors the values of the city we serve.

Chief Diaz has instructed Commanders to conduct thorough inspections of our precincts and office space to ensure any décor is appropriate under City standards and aligns with our core values and mission of public service.

We understand OPA is investigating, and we pledge our full support to ensure OPA has all it needs for a thorough and complete record. We are reviewing our policies and procedures with respect to the maintenance and use of our facilities and will engage with OPA, OIG, and the CPC to ensure our policies are clear.

During 2020/2021, the East precinct was a focal point for protests and riots. Protestors often placed items around the precinct, and they’d wind up on a storage shelf until they were discarded.

The Trump flag was removed prior to the release of this video. The department does not know who hung that flag 2 ½ years ago, but it was likely removed as improper political speech in the workplace."

Merkel said Chief Adrian Diaz will be at the next Seattle Community Police Commission meeting on Wednesday, July 19.

Seattle Mayor Bruce Harrell responded to the video Thursday, calling it an "alarming" setback as SPD works to rebuild trust with the public. 

“This display is an alarming and unfortunate setback that is simply unacceptable as we work to build and repair trust between our Seattle Police Department and the community. It reflects poor judgement and a lack of sensitivity from the officers involved and from the officers who observed and allowed these displays to remain. It does not reflect the values we expect of our officers who serve the public. We support OPA’s investigation and believe it’s crucial to understand who was responsible, how long these displays remained in the break room, why police supervisors didn’t recognize the problem of allowing these items to be displayed in a City facility, and how we prevent it from happening again. 

“We are working every day to develop a culture at SPD that reflects the values and priorities of our Seattle community – a department that is committed to keeping people safe, respectful of community members, continuously growing and learning, and accountable. This incident demonstrates that we have more work to do to create the department that fully lives up to those ideals.”

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