Editor's note: The attached video was published in 2014 following the altercation.
A federal judge is concerned that rehiring a Seattle officer who punched a woman while she was handcuffed could take the City of Seattle out of compliance with a Consent Decree regarding police reform.
"In light of current circumstances, the court orders the parties to show cause whether the court should find that defendant City of Seattle has failed to maintain full and effective compliance with the Consent Decree... " the judge wrote in his order.
Judge James Robart also questions city's completion of its collective bargaining agreement with the police union and its "impact of that bargaining on the Accountability Ordinance." The judge notes that a week after the Seattle City Council approved the agreement, the review board overturned O'Toole's discharge of Office Shepard.
In November, an independent arbitrator ruled that Officer Adley Shepard should "not have been terminated and is to be returned to employment with SPD," the Seattle Police Officer's Guild wrote in a statement.
Officer Shepard was fired in 2014 by former Police Chief Kathleen O'Toole because his “conduct was in stark contrast to the expectations set forth for our officers, and particularly our heightened duty of care to those in custody.”
On June 22, 2014, Shepherd responded to a call about a possible domestic violence incident in South Seattle. The woman involved, Miyekko Durden-Bosley, allegedly threatened her ex-boyfriend. When Shepherd arrived, the situation escalated, and Durden-Bosley was put in handcuffs.
Dash cam footage recorded Durden-Bosley in the squad car denying she made threats. Shepherd said she was drunk and combative, although Durden-Bosley said that wasn’t true.
It is unclear whether Durden-Bosley actually kicked Shepherd, but footage records Shepherd saying, “She kicked me.” Then Shepherd punched her in the face.
The punch broke Durden-Bosley’s eye socket and caused a concussion.
The King County prosecutor did not press criminal charges.
The Washington State Patrol investigated use of force and concluded that Officer Shepard "acted in a way inconsistent with the training and policy by not using the time and resources available to him. As a result, he unnecessarily placed himself in greater danger and caused unnecessary and foreseeable injury to the handcuffed suspect."
