Tuesday, November 02, 2004

Update from police ride along in August

This is the man who was in the pursuit when I was riding with Whatcom County Sheriff. This is a secondary incident. I have made bold the part that writes about the time I was with the police.

http://coug1973.blogspot.com/2004/08/riding-with-joe.html

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Wounded suspect arrested in chase, shooting Spencer

Katie N. Johannes, The Bellingham Herald

The Whatcom County man shot by officers in Burlington on Wednesday was in satisfactory condition Thursday at Seattle's Harborview Medical Center, where he is under arrest and being guarded while he recovers from his wounds.

Authorities identified the man as Gregory James Spencer, 29, a transient formerly with an address in the Paradise Lakes area. The Whatcom County sheriff and the Bellingham Police chief said Spencer has a lengthy and increasingly violent criminal history.

"We're very glad to have him off the streets," Sheriff Bill Elfo said.

Spencer was arrested on investigation of eluding, violation of the uniform controlled substance act and possession of a stolen gun.

Immigration and Customs Enforcement and the Whatcom County Sheriff's Office are conducting internal reviews of their officers' use of deadly force. However, witness accounts and early reports have revealed no criminal conduct or policy violations, spokesmen for the agencies said. Neither of the two officers is facing disciplinary action.

The Whatcom County Sheriff's Office has been dealing with Spencer since 1990, and has booked him into jail at least 15 times.

"He's a regular," Chief Criminal Deputy Jeff Parks said.

Spencer has been involved in 17 incidents in Bellingham since May that have resulted in contact with an officer, an arrest or an open case, police Chief Randy Carroll said.

Spencer's Washington convictions include armed robbery, second-degree burglary, illegal possession of a firearm, assault, violation of the uniform controlled substance act and possession of stolen property, Elfo said.

Pending charges include possession of stolen property, a firearms violation, possession of a sawed-off gun, bail jumping and possession of methamphetamine, Elfo said.

In August, Spencer fled deputies who had stopped him for a traffic violation. He sped away in his car, then got out and ran, said Deputy Steve Cooley. Spencer was arrested with the help of an off-duty Bellingham police officer and neighbors.

He was booked into jail on investigation of felony eluding, resisting arrest and burglary and later was released on a bond.

On Friday, Bellingham police issued a request for help looking for Spencer after he allegedly robbed an acquaintance at gunpoint Oct. 14, and two days later, fired two shots at the same man.

Spencer apparently told an associate that he had acquired a gun in case police tried to arrest him, Elfo said.

"He was making threats that if we tried to apprehend him, he was going to shoot it out and not go back to jail," said Parks.

At about 5:30 p.m. Wednesday, officers from several agencies surrounded Spencer and tried to arrest him on warrants in Fairhaven.

Spencer fled, ramming an undercover police car and narrowly missing an officer, Parks said.

With the help of a Customs and Immigration airplane, officers kept their distance and tracked Spencer as he raced down Interstate 5 and drove to a house in the 7100 block of Old Highway 99.

Elfo said he believes Spencer was unaware that officers were pursuing him.

Spencer parked the car and ran inside.

Within three or four minutes, about 15 officers from different agencies surrounded the house, Elfo said.

Spencer ran out the back door and fired a gun at two officers who returned fire, striking Spencer, Elfo said.

Elfo said he was told Spencer suffered a collapsed artery in one of his arms. He was taken to Skagit Valley Hospital, then airlifted to Harborview. He should be released in a few days, Parks said.

The Skagit County Sheriff's Office is conducting a criminal investigation into Spencer's actions, because the shooting was in that county.

Skagit County Chief Deputy Will Reichardt said officers should wrap up a search for evidence at the Burlington house some time today.

The agencies will conduct internal reviews into the officers' use of deadly force.

The Whatcom County deputy who fired at Spencer is on paid administrative leave while the Skagit County Sheriff's Office completes a criminal investigation, but he is not suspended, Elfo said.

"It's stressful to be shot at," Elfo said. "We told him to take a day or two off."

Elfo would not release the identity of the deputy, or how long he had worked for the Sheriff's Office.

The Immigration and Customs Enforcement Officer who fired at Spencer is back at work, said Public Relations Officer Mike Milne.

"We offer the person, if they need time off, to take that, but it's not automatic." Milne said. "We do an initial review to see if there is any indication of impropriety, but there doesn't appear to be any."

Milne also did not release the name of the agent who shot at Spencer, although he said he is an assistant special agent in charge in Blaine and Bellingham.

Chief Criminal Deputy Parks said the Whatcom County Sheriff's Office's deadly force policy allows officers to fire on a suspect whenever there is a reasonable perception that there is a risk of serious bodily harm or death to any law enforcement officer or the public.

If the suspect has acted with deadly force in the past, threatened other people, displayed a weapon, or committed a felony and attempts to run, officers can fire, Parks said.

"We don't have to wait for the bullet to go by," he said.

In Parks' 22 years with the Sheriff's Office, there have been three occasions in which an officer shot a suspect, he said.

Milne said it is a rarity in the Pacific Northwest that an agent would shoot a suspect, although this is the second time it's happened in a week - agents shot a man in Federal Way on Monday.

Milne and Parks both said officers are trained, and revisit their training regularly.

"This is one of the reasons why a lot of planning goes into trying to take somebody into custody in a controlled environment and ensure public safety," Milne said. "It's always a risk."

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