U.S. attorney will not prosecute SPD officer in use-of-force incident

By: KIRO 7 STAFF

Updated:

SEATTLE - The United States attorney will not prosecute a Seattle police officer involved in a use of force incident nearly five years ago, according to Seattle police. 


QUICK FACTS:

  • Use-of-force incident reported in Nov. 2010
  • Officers were responding to report of disturbance at restaurant
  • Case brought to attention recently after in-car video reviewed

The Seattle Police Department said they were notified of the decision Tuesday.

Officer David Bauer was placed on leave in May pending administrative and criminal investigations.

The department said the incident occurred in November 2010 during an altercation after people responded to a report of a disturbance at a Georgetown restaurant; officers were assigned to the Patrol Operations Bureau.  

The case was brought to leadership's attention after the city attorney's office reviewed in-car video.         

<center><iframe width="560" height="315" src="https://www.youtube.com/embed/XWA3W6G_Dp8" frameborder="0" allowfullscreen></iframe></center>

Chief Kathleen O’Toole notified the Office of Professional Responsibility and consulted with federal and county law enforcement authorities.  

“After careful consideration of the information, we concluded that there is insufficient evidence to establish a prosecutable violation of the federal criminal civil right statues,” United States Attorney Annette L. Hayes wrote.

“Please note that our conclusion that the evidence does not meet the high standard for proving a criminal civil rights case does not in any way condone the conduct that was the subject of our investigation.”  

SPD said during the five years since the incident "much has happened in Seattle." 

"The city, the U.S. Department of Justice and the Monitoring Team have worked collaboratively on an ambitious reform agenda. It focuses in large part on use of force and police accountability," the public affairs department wrote in a blotter post.

"There is still much to be done, but the SPD will continue to work tirelessly with our partners to enhance public trust, professionalize the SPD and serve as a national model for police reform." 

Want to talk about the news of the day? Watch free streaming video on the KIRO 7 mobile app and iPad app, and join us here on Facebook.

 

Next Up: