EPD: In fatal shooting case, two officers broke cam rules
The Eureka Police Department announced the use of a force/shooting review board assembled to investigate the fatal shooting of 51-year-old John Karl Sieger by EPD officers found two of the involved officers violated the department’s body worn camera policy.
Neither an internal shooting review nor the board found malicious intent behind these violations, the EPD said.
The board convened as stipulated in department policy 302 on Feb. 3. Eureka Police Captain Brian Stephens served as board chair, choosing Arcata Police Chief Brian Ahearn, Cal Fire Chief Rhett Imperiale, EPD mobile intervention services team officer Ryan Swanson, and two members of the EPD chief’s advisory board, Melinda Ciarabellini and Jason Meriwether.
The board members were provided links to materials already released to the public, including videos and the internal review
investigation, prior to the board’s assembly on Feb. 3.
The review and discussion process found that all officers performed their duties within policy related to use of force, firearms, hostage and barricaded subject handling, mental illness commitments and crisis intervention.
However, two officers were found to have violated department policy 450, which sanctions portable audio/video records.
“The board, as well as the internal review investigators,
found that there was no malicious intent behind these two violations. One officer forgot to turn his camera on upon arrival (Stress Related) and the second officer turned his off during the incident for unknown reasons. However, we recovered the video from this officer’s camera through a Record-After-TheFact function and found there was no malicious intent in turning it off,” a memorandum from the EPD captain to Chief Steve Watson released on Feb 12 read.
As stated in the Internal Shooting Review, ” Officer (Patrick) Bishop returned to the alley and activated his body-worn camera. However, after approximately sixteen minutes later, he de-activated his camera. After the shooting event and officers were providing medical aid to Sieger, Officer Bishop reactivated his camera which was eventually unintentionally deactivated by his rifle bumping the camera’s activation button. Although de-activated during the shooting event, video-only footage was later retrieved. … Sgt. (Jon) Omey’s body-worn camera was not activated. His camera ceased power approximately two hours after being on-scene, but before the shooting event occurred. Although not activated, video-only footage was later recovered from his camera. … Sgt. Omey was outside of this policy as this incident met the criteria, as set forth in EPD Policy 450.5, when body-worn cameras should be activated. Officer Bishop was outside of this policy, as set forth in EPD Policy 450.5.2, as he de-activated his bodyworn camera while directly involved in a perimeter position of the incident.”
“Based on documents and evidence reviewed, it can be concluded Sieger was intoxicated and actively involved in a mental health crisis where he desired
to end his life,” the review stated.
The incident happened on July 23, 2020. An acquaintance of Sieger called 911 after receiving a picture of a whiskey bottle and what appeared to be a handgun and making “suicidal statements.”
“He is extremely intoxicated but he is talking … very depressed,” the acquaintance told the emergency dispatcher in audio released from the original 911 call for help. “I’m afraid he is going to take his own life.”
Sieger, a military veteran suffering from posttraumatic stress disorder, was believed to be at his home near the Bayshore Mall prior to the deadly assault.
At around 6:16 p.m., a negotiator from the Humboldt County Department of Health and human services arrived on the site after Eureka Police requested a negotiation team. The negotiator and EPD attempted to speak with Sieger via telephone to no success.
“Officers attempted to make contact via telephone but the call was ended quickly,” Watson said to the Times-Standard last year.
At 7:49 p.m., three shots were fired from the backyard. An officer observing Sieger informed his colleagues the man had a loaded gun in his possession.
At 8:23 p.m., Sieger left this backyard, encountering officers shortly. Policemen ordered Sieger to show his hands, to which he did
not comply with.
Video shows Sieger pointing his firearm to a police vehicle, near three officers, to which four officers responded by onloading on Sieger.
The officers who fired were listed as Sgt. Jon Omey and officers Patrick Bishop, Andrew Endsley and Brian Wilson. All four of the officers who fired weapons were wearing body cameras, although not all of them were functioning for the several hours of the incident, as Omey’s camera lost power.
At least 27 shots were fired during the confrontation. It is not believed Sieger fired at officers.
“The forensic pathologist determined the cause of death was multiple gunshot wounds,” Eureka Police Captain Brian Stephens said in a video released on Monday, Aug. 3 informing on the episode.
“The board felt the department did everything possible to resolve this incident without having to use force and this was a very tragic incident for all involved,” EPD Captain Brian Stephens wrote in a memo to EPD Chief Steve Watson. ” … The officers involved in the incident showed a great amount of restraint and patience as they worked through the incident. The board also stated that the officers acted ethically and professionally.”
Further documentation can be found at https:// new.ci.eureka.ca.gov/civicax/filebank/blobdload. aspx?BlobID=20280.