A Native perspective on the inquest into the shooting of John T. Williams

Thank you to jurors for their honesty and to the deputy police chief and others in the SPD who have shown humanity, but the inquest process brings to mind lessons from smallpox-filled blankets.

King County Courthouse: A county inquest returned findings in the police shooting of John T. Williams.

Joe Mabel/Wikimedia Commons

King County Courthouse: A county inquest returned findings in the police shooting of John T. Williams.

Lord Jeffrey Amherst, after whom the town of Amherst, Mass., and Amherst College are both named, routinely passed out smallpox-filled blankets to members of the Ottawa Nation during the French and Indian War. The Natives knew, instinctively, that this war commander did not have their best interests at heart — history showed that. Yet, the Ottawa were cold, out of options, and Amherst proclaimed that he came in the name of “peace” and “reconciliation.” So the Ottawa accepted this peace offering, hoping for humanity from someone who had never showed any, and thousands of members of the Ottawa Nation died as a result. Still — given the time and circumstances — the Ottawa had little choice but to feign belief.

Sitting in the fourth row of seats in the King County Courtroom on the first and second day of the inquest, I had an epiphany: there was zero possibility that the John T. Williams family would get “justice” out of the inquest. The only way that “justice” would occur is if, somehow, the Seattle Police Department could reverse the horrible sequence of events of Aug. 30, 2010, and stop the actions of officer Ian Birk that left John T. Williams dead. Understanding that justice was an impossibility, I simply prayed for — as, I think, as all justice-seeking Seattleites did — the next best thing: a full, meaningful and objective inquest process. I simply hoped for — despite a 40-year history of inquests that screamed that it was impossible no matter how clear the evidence — an inquest process that was what it claims to be, “a fact-finding process,” and not simply what it has been, an excuse-creating process that will ultimately exonerate any police officer, no matter how severe and heinous the deprivation of human and civil rights.

I suppose, like the members of the Ottawa Nation who accepted the smallpox-filled blankets from a man that they hoped would be honorable, I should have known better.

God bless the inquest jurors in the death of John T. Williams. The jury handed down their findings mere minutes ago as I finish writing this and seemingly saw through Ian Birk’s smokescreen, conjured by his lawyer Ted Buck, and four jurors said that John T. Williams was never a threat to Birk. Now, the question is whether the King County prosecutor will bring charges against Officer Birk or not. I have no idea what the prosecutor’s decision will be; I do, however, have a pretty good suspicion that King County prosecutors will do absolutely nothing in this case, as they have never done anything to punish police officers who act rashly and harm or kill civilians.

My suspicion is confirmed by 40 years of inquests that simply never determine that the officer should be charged criminally, no matter the facts of the case. Never. Doesn’t happen. And, if by some miracle, the King County prosecutor determines that Birk should be charged in the death of the so-called “drunk Indian” while said drunk Indian was walking away, God bless the prosecutor’s decision.

Still, it will not change the facts that are painfully clear after watching 10 minutes of the Inquest proceeding. The facts are these: 1) The King County inquest process is not fair when the Seattle Police Department is involved. 2) The inquest process is not meaningful. 3) The inquest process is certainly not transparent; in fact, much like a criminal trial, the police officer’s attorneys go to great lengths to suppress evidence that could potentially incriminate the officers. If the SPD is confident that everything that their police officers do is “above board,” after all, why the need to prevent any evidence from being seen?

Therefore, even this “win” in this inquest — the determination of four of the jurors that John T. Williams was never a threat to Ian Birk before Birk killed him — does not change the fact that the inquest process is fundamentally flawed. It is flawed for all of the above reasons, and we have 40 years of evidence that shows the flaws. Still, there is one more very important reason that the process suffers from system failure.

The inquest process is all about putting the dead man/woman, in this case John T. Williams, on trial — a fundamental disrespect, as well as deprivation of due process. As the saying goes, “dead men tell no tales,” and in the inquest Ian Birk spread as many dubious ideas, inconsistencies, and stereotypes as he could about this dead Native man in hopes of saving his own skin. In this instance, however, the dead man does tell us all a story.

He tells us that his carving knife was never a threat — his small knife, contrary to Ian Birk, was not open. He tells us that he was not walking toward Ian Birk as Birk contended — he was shot in the side four times. Most importantly, John T. Williams reminds us of the lesson of Lord Amherst: Do not accept or even feign belief in this process; these people show absolutely no humanity or honesty when their own are threatened. Watch out for these men and women who shoot first and ask questions last — they do not have your best interests at heart.

I respect men and women who offer their lives to serve our communities as peace officers. Deputy Police Chief Nick Metz and others have done a great job of showing the SPD’s humanity during this process. Still, we can respect our officers and simultaneously have absolute disdain and disgust for a disingenuous inquest process.

I will never again feign belief that this process can be fair or objective; I will learn from the lesson of Lord Jeffrey Amherst — be wary of those who say that they come in peace. I think that I speak for many Seattleites of all colors, ethnicities, political beliefs, etc. when I say the following: The days of an insular, clandestine inquest process are over. This must be a time of healing and learning, even despite the obvious and understandable pain, frustration, and anguish within the Native community. I commit myself to healing and learning; still, true healing and learning will only begin when we stop making excuses for the bad behavior from our peace officers.

(Editor's note: The writer submitted this article on behalf of a consortium of Seattle's Native Community, including the following: Andrina Abada, Tlingit. Janeen Comenote, Quinault/Hesquiaht/Oglala. qwayahciiuiich — Pat John, Ahousat First Nations. Teresa Brownwolf Powers, Hunkpapa Lakota. Robert Satiacum, Puyallup Tribe. Elizabeth Satiacum, Qileute Nation. Millie Kennedy, Tsimshian. Deborah Parker, Tulalip Tribes. Robert Upham - AKA – "Harlem Indian." Daniel R. Smith, Swinomish. Kristine Wilson-Torset, Shoalwater Bay Tribe. Charla White Eagle, Cheyenne River Sioux. Travis Torset. Mike Peters, Lower Elwha Tribe. Marilyn Liden Bode. Kay Fiddler, Turtle Mountain Ojibwe. Carmen Rose Becera, Quinault/Oglala/Aztec. Wendy Johnson, M.D. Karen Capuder, Ph.D., Mohawk. Carol Warrior, Alutiiq/Dena’ina Athabascan/Gros Ventre. Penny Octuck-Cole, Ho-Chunk. Bryan Cole, Hoh Nation. Dakotah Cole, Hoh Nation.Carol Edelman. Connie Maipi, Apache Nation. Anwar Peace. Penny Octuck-Cole, Ho-Chunk. Matt Remle, Hunkpapa Lakota. Fern Renville, Sisseton Wahpeton Oyate. Tanya Powers, Siberian Yupik. Carey Fuller, Cherokee. Shaleena Bertam, Lummi/Quileute. Janice Brown, Tlingit. Christopher Schulz. Sky Lark, Iroqouis League.)


About the Author

Gyasi Ross is a member of the Blackfeet Nation, with ties to many Pacific Northwest tribes and is active within the Seattle Indian Community. He is an attorney with the Crowell Law Offices, and is a former Seattle Human Rights Commission member.

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Comments:

Posted Fri, Jan 21, 8:04 a.m. Inappropriate

The cause of the police shooting described above may never be known. Only two people really know what happened and one of them is dead. My only comment is that in a crisis four seconds is a lifetime. This whole event is unfortunate and was possibly avoidable. I have to think that in the span of life justice will be served, even if we do not personally experience it. Wanting to see or deliver justice on a person who wronged you or somebody you loved is just a dressy form of revenge.

My concern regarding the story above is the presentation of rumors as facts. While Amherst may have had plans to use biological warfare, there is doubt that he did. Chief Pontiac wanted the English to continue giving gifts to his people as the French had done before they and Chief Pontiac were defeated during the French and Indian War. Smallpox was still much an unknown disease as to transmission. How it was transmitted was finally confirmed in the late 1700s about the time Amherst died. Even then, it was still held up to debate whether dead people’s belongings could be part of the problem. There are only two letters that might suggest biological warfare. Documents show, they are open to interpretation due to poor penmanship. Many of the books and studies of this event, all written in the last thirty years are base on these two questionable reproductions of Amherst’s letters.

I believe that in true disclaimer Gyasi Ross should point out that as a member of the Piegan tribe, the same time in history, their view of warfare was to kill every male of a conquered tribe, all women over puberty and take the rest for slaves, usually sex slaves. Not many of us can be proud of our history especially in that era when violence seemed to rule. Please do not quote emotional history to make your point. The Bannocks and the Lakota who remember may have issue with your lofty stance.

Posted Fri, Jan 21, 9:08 a.m. Inappropriate

This an eloquent piece, and rather sympathetic to the difficulties of the situation in the light of historic Native experience with the duplicities of our justice system. It will be the first real test for Dan Satterberg. The only defensible outcome is to prosecute the officer, but the politics of dealing long-term with the police union will silently push in favor of exoneration. One hopes that Satterberg understands that the credibility of the inquest process will be permanently destroyed if he caves in on this one.

woofer

Posted Fri, Jan 21, 9:38 a.m. Inappropriate

"I believe that in true disclaimer Gyasi Ross should point out that as a member of the Piegan tribe, the same time in history, their view of warfare was to kill every male of a conquered tribe, all women over puberty and take the rest for slaves, usually sex slaves. Not many of us can be proud of our history especially in that era when violence seemed to rule."

Look what your Washington State Legislature has to say about that, Lifer. This is currently being considered in Olympia (and you thought they were going to have their hands full with the budget!).

http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate%20Bills/5183.pdf

BlueLight

Posted Fri, Jan 21, 12:59 p.m. Inappropriate

Seattlelifer,

I would love to know the sources that say the Piegan (Blackfeet), and I quote "....their view of warfare was to kill every male of a conquered tribe, all women over puberty and take the rest for slaves, usually sex slaves."

Wow. As an avid student of the history of the Blackfeet tribes (yes, that tribes, including the reserves in Alberta), I have found no reading, much less any hearsay that would depict the tribe as you have....and please, don't cite Wikipedia.

Sorry to go off-topic everyone!

roger

Posted Fri, Jan 21, 2:09 p.m. Inappropriate

This may, or may not, be off topic. But it's on the floor.

http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate%20Bills/5332.pdf

BlueLight

Posted Fri, Jan 21, 2:13 p.m. Inappropriate

Williams death was a tragedy, and I am convinced Birk overreacted. Watching the squadcar video broke my heart. But this is exactly the kind of letter that encourages people not to take Native Americans seriously.

There is no question Amherst hated Native Americans and at least discussed the possibility of smallpox-infect blankets. No evidence has emerged he ever did so, let along "routinely" as claimed in the letter above.

Good discussion here: http://talk.collegeconfidential.com/parent-cafe/763264-fact-checking-mini-indian-smallpox-blankets.html

And a link to the full Trent quote here - context shows it to have the OPPOSITE intent usually described: http://www.nativeweb.org/pages/legal/amherst/trent.html

MagBill

Posted Fri, Jan 21, 3:14 p.m. Inappropriate

I'm going to refrain from this historical argument over who did what to who, but those interested might enjoy reading "The Oregon Trail: Sketches of Prairie and Rocky-Mountain Life" by Parkman and "The Journey Of Crazy Horse: A Lakota History" by Joseph M. Marshall III

In the incident I blame the poor training of this officer. He did several things that escalated the problem, not waiting for backup, getting too close, not knowing his territory, ie who is the local drunk wood carver. Once the situation spiraled up he was ready to react with the main tool we give cops, a gun.

My take on justice would be dismissal, a civil suit for restitution, increased training for those cops still on the force. And possibly prosecution for manslaughter, but I doubt a jury would convict him.

GaryP

Posted Fri, Jan 21, 3:20 p.m. Inappropriate

Blue light, it's off topic.

A bill to make Friday after Thanksgiving a state holiday known as "Native American Heritage Day" gets under your skin? And just what does that have to do with having an open inquest proceeding? Nothing.

GaryP

Posted Fri, Jan 21, 4:08 p.m. Inappropriate

The body of evidence we have been able to read about points to manslaughter by the police officer. All past political evidence points to his exoneration should he come to trial. The question is -- once exonerated does this man who is clearly unfit for duty continue to patrol our community? That's what concerns me.

Posted Sun, Jan 23, 2:10 p.m. Inappropriate

I appreciate this article from the Native American perspective.

A few days ago I listened to a recording of this incident on KUOW. I was stunned by how very little time elapsed the the time Officer Birk commanded Williams to drop his "weapon," and the time he pulled the trigger. I don't at all buy Birk's claim that he felt threatened. Birk is a law enforcement professional who received hundreds (maybe thousands) of hours of training on how to handle situations much more difficult than this. I expect him and all his fellow officers to minimize use of lethal force to the maximum extent practicable when carrying out their duties. Instead Birk maximized use of lethal force and caused the senseless death of a homeless wood carver. In doing so, Birk betrayed the principle of public safety he was supposed to uphold.

Mud Baby

Posted Wed, Jan 26, 10:11 p.m. Inappropriate

The situation did not "spiral up." The officer shouted to Williams to put down the knife; less than 5 seconds later, he shot him dead. That was the testimony of witnesses, and the officer's car video confirms it. I doubt if officers are trained to shoot people that speedily if they are armed only with knives and are at least 9 feet away. If they are so trained, then the training is tragically wrong.

sarah90

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