January 20, 2011
No Way Out
John T. Williams's Final Moments, as Described at This Week's Police Shooting Inquest
By the time you're reading this, an eight-member jury has probably reached several conclusions about the death of Native American woodcarver John T. Williams, who was shot on August 30 by Seattle Police Department (SPD) officer Ian Birk. The jury's yes or no answers to a checklist of 15 questions—for example, "Did Officer Birk believe that John T. Williams posed an imminent threat of serious physical harm to himself or others at the times he fired his weapon?"—could be used sometime in the coming weeks or months by the King County Prosecuting Attorney's Office if they decide to file criminal charges against Birk.
As The Stranger went to press, the final day of testimony was just finishing. What I can report, after sitting through nearly 40 hours of witness and officer testimony, is that Birk insists he was in danger. Other officers insist that Birk followed protocol. However, witnesses offered conflicting accounts of what happened.
Stranger Personals
Birk's account of what happened: "I clearly saw a knife in the open position when [Williams] passed in front of my patrol car," Birk testified. A video from inside the police cruiser played for the jury shows that the shooting occurred 10 seconds after Birk threw on his patrol lights and exited his vehicle. He chased Williams westbound down Howell Street with his gun drawn, calling out "Hey!" to Williams three times. Outside the video frame, Birk is heard saying, "Put down the knife" and then firing his gun several times. Birk testified that circumstances required him to fire when Williams turned on him "aggressively" with a so-called pre-attack stance. "His brow was furrowed; his eyes were fixed in a thousand-yard stare. His jaw was set. He had the knife raised up," Birk said when asked by his attorney, Ted Buck.
Witness accounts of what happened: Over a dozen witnesses to the shooting testified, but none reported seeing Williams act aggressively toward Birk or anyone else. "He was just walking downtown," said Thomas Sirgedas, who saw the shooting while walking to catch his bus home. "His pace never changed." Witnesses also testified (and as audio from the incident corroborates) that Birk never identified himself as a cop. "I didn't know it was a police officer and I didn't want to turn around and become the target of a random shooting," said Nancy Pushman, who was walking ahead of Williams on the block where he was shot. No witnesses reported seeing a knife in Williams's hand. Furthermore, no open knives were found near Williams's body—just two closed folding knives, both considered legal to carry according to city law.
Birk may have failed to follow police training. The Williams's family attorney, Tim Ford, shared this exchange with Birk:
Ford: Seattle police are trained to give a warning before they fire, correct?
Birk: That is part of our training, correct.
Did you ever say [to Mr. Williams], "Put the knife down or I'll shoot"?
There was a lot going on. I did the best I could under the circumstances.
You could've said, "Or I'll shoot."
I said everything I could've said under the circumstances.
You could say ["Put the knife down"] three times but you couldn't add "Or I'll shoot"?
The concern was basically immediate, and I needed to respond as fast as possible.
Birk testified that he fired on Williams because he was 9.5 feet away. Police officers are trained to keep 21 feet between themselves and suspects armed with knives (or other sharp-edged objects), according to national police standards adopted by the SPD. However, by running up to Williams, Birk was the one who closed the distance to less than 21 feet.
Williams wasn't facing Birk when shot. Another exchange:
Ford: You testified that Mr. Williams was staring right at you [when you fired]?
Birk: That's what I recollect, yes, sir.
Do you know why, then, the bullet passed through the right cheek and out his left cheek?
Simply holding a closed knife was reason to shoot. Ford questions Officer William Collins, a 21-year SPD veteran:
Ford: Is a closed knife a similar threat to an open knife?
Collins: Absolutely. It's a major threat. To me, it's just as big [a threat] as an open knife.
A closed knife is grounds for using a firearm?
I believe so... it can be opened in an instant. You can get your ears cut off and be stabbed. We don't get paid enough to be hurt.
It's unclear whether Officer Birk failed to follow SPD protocol that says he should call for backup, maintain a 21-foot bubble, identify himself as an officer, and adequately warn Williams that he would shoot—all actions that may have prevented the shooting. But in the end, Birk testified it was a choice between shooting and getting stabbed, because "whoever's taking action will always have [an] advantage on whoever's reacting. Sometimes it's just not possible to react."
For his part, it's unclear if Williams had time to react. Williams couldn't get more than 21 feet away from the officer who ran up to him, and he was considered a threat simply for having a closed legal knife.
Williams, it seems to me, had no way out. 
1
You heard it here: In Seattle being in possession of a closed knife of legal size is grounds for being executed on the spot by the police.
3
its heart breaking the man was walking away from mr birk i belive birk scared him john turned to see who was screamimg at him then the cop shot four times mr williams was a alcoholic granted but he did not desreved to be gunned down i hope the jury agrees with that and the propper punishment is enforced or it will just show that if your native american or colored in the city of seattle its open season !
4
This makes me even sicker.A 21 year vet feels nothing about killing the people he's supposed to protect and serve and the Birk shots without the need to warn correctly or concern about someone else getting shot for no reason other than his perceived"concern".
5
@2 just stop it.
I'm a white male, I wear clean, presentable clothes and I've had to deal with the bored, ignorant, arrogant Seattle Police several times.
PS, many cops are black, many criminals are white. You sound just as ignorant when YOU say racist things.
I'm a white male, I wear clean, presentable clothes and I've had to deal with the bored, ignorant, arrogant Seattle Police several times.
PS, many cops are black, many criminals are white. You sound just as ignorant when YOU say racist things.
6
I propose a "wood-carving protest" downtown. 100 people, 100 (3 1/2 inch folding) knives. 100 pieces of wood. just sayin'.
8
@ #5 and everyone else who agrees with what he just said.
Please please read "Lies my teacher told me" by James Loewen or any of the other books about racism/white privilege in the United States. It will be a horrible and painful shock, but it will do you and the rest of us a lot of good.
Please please read "Lies my teacher told me" by James Loewen or any of the other books about racism/white privilege in the United States. It will be a horrible and painful shock, but it will do you and the rest of us a lot of good.
11
To #2
I don't know that being white would have saved John T. Williams' life, and it isn't as if the danger stops at being 'Black or Native American'. Remember the wrongfully accused man that SPD threatened to "beat the fucking mexican piss" out of?
Race could be a factor in a number of ways, but there's too much going here to act like Williams would still be alive if he was white. What seems more pressing to me is that SPD has a problem interacting with people that are homeless and may be coping with mental illness, disability, or addiction.
I don't know that being white would have saved John T. Williams' life, and it isn't as if the danger stops at being 'Black or Native American'. Remember the wrongfully accused man that SPD threatened to "beat the fucking mexican piss" out of?
Race could be a factor in a number of ways, but there's too much going here to act like Williams would still be alive if he was white. What seems more pressing to me is that SPD has a problem interacting with people that are homeless and may be coping with mental illness, disability, or addiction.
12
The aggressive manner Ian Birk exited his patrol car, the immediate multi demands to 'drop the knife' without identifying as a police officer and the almost instantaneous shooting 4 seconds later, a column of time almost impossible to recreate with the expected response time Ian Birk expected of John Williams all add up to a possible reason for the Seattle cop to have left a radio talk show playing on the radio loud enough to interrupt any evidence of a conversational manner as the vidcam is also appropriately off frame of the encounter. I've heard a number of SPD usually turn up the radio to cover conversation outside the vehicle when encountering on-sidewalk, off-camera interactions when needing to cover their actions. All this adds up to an encounter that Ian Birk created, in my estimation, and was unable to back-off from once he set the circumstances in motion that day. Whether the intention was to shoot or not, the encounter was intended to add to a growing list of interactions between this particular cop and a chronic 'inebriate' (as consistently referred to in the media) that would potentially get him off the streets, as it seems Ian Birk intended from the start. You can infer a lot from the direct and inventive nature of Ian Birk's exit from the patrol car in his demands for an immediate response from someone he probably already was quite aware couldn't respond quickly enough to, given their past encounters. This should have been obvious to a 'local' cop, having had repeat encounters with this same individual. Hard to believe this occurs with the people we trust, quite literally, our lives with at any given moment in our days here in Seattle.
14
Does Mr. Williams leave behind family and friends on Vancouver Island? Shouldn't they be included in any legal process against his killer?
15
@8
It makes no difference whether you're wrong or right. Your arrogant, condescending tone, along w/ a "this book has all the answers" attitude immediately nullifies anything you have to say. I think you're sincere in wanting to make the world a better place. You can start by communicating in a way that is visceral, where we recognize your shit stinks like the rest of us, instead of talking down to people you feel aren't as "evolved" as you.
It makes no difference whether you're wrong or right. Your arrogant, condescending tone, along w/ a "this book has all the answers" attitude immediately nullifies anything you have to say. I think you're sincere in wanting to make the world a better place. You can start by communicating in a way that is visceral, where we recognize your shit stinks like the rest of us, instead of talking down to people you feel aren't as "evolved" as you.
16
Keep a close close eye on any and all police officers in Seattle. Most police officers do the right thing but we citizens need to weed out the murderin dirty Birks. It is our responsibility.
Most importantly we need to keep an eye out for our family and friends. Make sure something like this never happens again.
Most importantly we need to keep an eye out for our family and friends. Make sure something like this never happens again.
17
Indeed, as the 1800's had "Burking"
http://en.wikipedia.org/wiki/Burke_and_H…
Now in Seattle we have "Birking"
http://en.wikipedia.org/wiki/Burke_and_H…
Now in Seattle we have "Birking"
18
@8:
Yes, life is hard for everyone. Of course the police are jerks to everyone. But that doesn't mean that racial profiling and institutional racism don't happen.
I'm also a white male who often wears "clean, presentable clothes", and I've been randomly stopped and interrogated in my own neighborhood and (on a separate occasion) been illegal detained and verbally abused by the police. But I haven't been beat up or shot by the cops. Just because cops suck doesn't mean they suck equally towards everyone.
Privilege is real. Do some f-cking research. Statistically speaking, as white folks, we are both significantly less likely to get beat up, arrested, imprisoned, and/or given the death penalty. I'm not just making this sh-t up to push an agenda: this is REAL and DOCUMENTED. To deny it is to blind yourself to the lived experience of people around you.
http://en.wikipedia.org/wiki/Institution…
http://www.deathpenaltyinfo.org/native-a…
Yes, life is hard for everyone. Of course the police are jerks to everyone. But that doesn't mean that racial profiling and institutional racism don't happen.
I'm also a white male who often wears "clean, presentable clothes", and I've been randomly stopped and interrogated in my own neighborhood and (on a separate occasion) been illegal detained and verbally abused by the police. But I haven't been beat up or shot by the cops. Just because cops suck doesn't mean they suck equally towards everyone.
Privilege is real. Do some f-cking research. Statistically speaking, as white folks, we are both significantly less likely to get beat up, arrested, imprisoned, and/or given the death penalty. I'm not just making this sh-t up to push an agenda: this is REAL and DOCUMENTED. To deny it is to blind yourself to the lived experience of people around you.
http://en.wikipedia.org/wiki/Institution…
http://www.deathpenaltyinfo.org/native-a…
20
This, and the fact that police officers always cover for each other, is why I don't get upset when police officers are executed while sitting in their cars or at a coffee shop.
21
@20, you're an idiot. @18, There are a lot more pertinent reasons why black people get arrested more often than white people than just "white privilege". The black community itself is far more to blame for the staggering imbalance in our prison populations than our countries continuing racial tensions. Sadly, the moment you try to shift any blame for the hardships that any historically oppressed minority faces to the members of the minority themselves you're instantly labeled a bigot by people like yourself. Therefore, the real problems facing said communities are rarely addressed and remedied.
In short, you should be ashamed for continuing this game of blaming the majority population for all problems facing minority populations. You yourself are part of one of the biggest problem facing disadvantaged ethnicities.
In short, you should be ashamed for continuing this game of blaming the majority population for all problems facing minority populations. You yourself are part of one of the biggest problem facing disadvantaged ethnicities.
22
I'm white, I'm not a criminal, I'm just a normal girl. When I see a Seattle police officer, I get the hell out of there, I will go out of my way to be nowhere near them. At no time have I ever looked at one of those shaved-head brick walls of pent up anger and thought "here is someone who is trying to protect me". The police are a dangerous rogue institution hell-bent on punishing all of us regardless of race or status. They get off on subjugating and dominating, like a gang. I don't know where they even find these power hungry psychopaths... they must be bringing them in from the sticks where people resent all the liberal fun we're having in the metropolis and want to beat it out of us using any means necessary. Intimidation, assassination.
23
Studies have shown that 'minorities' tend to be treated more roughly, more likely to be tried for even smaller offenses, and get longer sentences. Downtown sounds like yet another police apologist. Likely a cop themselves, with Sixshooter and others. And John Smith is just as vile now as he was in my great, great (etc) grandmother's day. When he claimed she saved him from certain death at the hands of her father.
24
This is a flat-out, completely unjustified EXECUTION. This man, Ian Birk, DOES NOT deserve to be a cop in this city, nor does any other officer who chooses to defend his ludicrously ill-advised actions in court.
25
@21: So you believe that there isn't racism in the police force? That there isn't racism in the criminal justice system? If that's what you believe, then your beliefs go against decades well documented evidence. I would like to see what studies you read to convince you that racism isn't a factor on arrest rates and police brutality.
Just because you want to believe that everyone has the same privileges as you doesn't make it true. We have a history of victim blaming. How is "the black community itself is far more to blame" for documented institutional racism in policing and the criminal justice system?
We all want to think that America is fair and that everyone has equal opportunities to life, liberty and the pursuit of happiness. Unfortunately, this simply isn't the case. Racism is real.
http://ccrjustice.org/racial-disparity-n…
http://www.deathpenaltyinfo.org/death-pe…
Just because you want to believe that everyone has the same privileges as you doesn't make it true. We have a history of victim blaming. How is "the black community itself is far more to blame" for documented institutional racism in policing and the criminal justice system?
We all want to think that America is fair and that everyone has equal opportunities to life, liberty and the pursuit of happiness. Unfortunately, this simply isn't the case. Racism is real.
http://ccrjustice.org/racial-disparity-n…
http://www.deathpenaltyinfo.org/death-pe…
26
@5 & @11:
I'm a white guy, too. Try to imagine this situation:
I just purchased a white-guy-friendly parka at REI. I'm walking home and nearing the vicinity of Boren & Olive (where Mr. Williams was shot), when I notice that there's still at tag on my jacket. I pull out my white-guy-friendly Leatherman and try to cut off this frustrating little tag. A cop sees me and approaches me because I have a knife out on a public street. He yells, "HEY!" but I don't hear him or simply assume that he's a crazy person yelling at someone else. Then he yells, "PUT DOWN THE KNIFE!" so I turn around to see what the fuck is going on...
Now: what do you think the chances are that he shoots me to death before I have a chance to respond? (keep in mind that I'm a clean-cut white guy) Supposing he does shoot me, what do you think the chances are that this cop will be locked away forever on charges of cold-blooded murder? (reminder: I am white) And what do you think the chances are that even the judge will say "Fuck you, you trigger-happy asshole!" to the cop at his sentencing? (seriously: be sure to remember I am white before you answer this question)
I'm a white guy, too. Try to imagine this situation:
I just purchased a white-guy-friendly parka at REI. I'm walking home and nearing the vicinity of Boren & Olive (where Mr. Williams was shot), when I notice that there's still at tag on my jacket. I pull out my white-guy-friendly Leatherman and try to cut off this frustrating little tag. A cop sees me and approaches me because I have a knife out on a public street. He yells, "HEY!" but I don't hear him or simply assume that he's a crazy person yelling at someone else. Then he yells, "PUT DOWN THE KNIFE!" so I turn around to see what the fuck is going on...
Now: what do you think the chances are that he shoots me to death before I have a chance to respond? (keep in mind that I'm a clean-cut white guy) Supposing he does shoot me, what do you think the chances are that this cop will be locked away forever on charges of cold-blooded murder? (reminder: I am white) And what do you think the chances are that even the judge will say "Fuck you, you trigger-happy asshole!" to the cop at his sentencing? (seriously: be sure to remember I am white before you answer this question)
27
First of all, what happened is a tragedy and there's no excuse for it. I truly believe that Birk needs to be tried criminally for his actions. I also believe that the US department of Justice or some federal force needs to step in and investigate how SPD is being run, because it's unlikely with the way things are going that Birk will be held accountable for taking a life that he was tasked with protecting and serving. How many events like this have been swept under the rug until some news source leaks it? SPD brutality towards minorities is not a new thing at all, for anyone who's been paying attention.
And, tragically, due to the wall of silence/wall of blue and other BS contrivances that serve to shield those that exploit their positions, Birk is walking free after gunning down a man who was crossing the street, quite literally, minding his own business.
I work downtown and, due to my job, I come in close contact with dozens of cops. Just like all people; there are good cops, there are bad cops, there are lazy cops, there are lecherous cops. There are funny cops, there are socially awkward cops, and there are cops who are genuinely good people who truly want to help other people. And to completely honest, they don't have the support or the structure necessary to do their job well or safely, at times.
That being said, they do need to be responsible for their actions, just like everyone else. And especially because of the power and authority they're given. And the line that Birk gave about feeling that his life was being threatened... Birk is the one initiated contact, Birk is the one who ran towards Williams with his gun drawn. Did he fear for his life when he was driving down the street and first saw Williams, or when he was pulling over to get out of his car, or when he was running towards Williams? It's interesting that the same week, there was a nonfatal shooting of a male in west seattle who leveled an ASSAULT RIFLE at SPD officers. How does a man with his back to you and a 3-inch knife warrant multiple point blank shots fired? [Using the ballistic term point blank, not the popular usage]
On a slightly different note, @21 there's a difference between minorities playing the victim card and being aware of the privileges that a well-off, white man might have over someone who looks who wasn't afforded the same "opportunities." Just as women, still and statistically, make less than men who do the same job; there is an undeniable advantage for pale people with penises and money. A good portion of the time, it boils down to socio-economic status [or even perceived socio-economic status]. For example, if you look like poor "white trash," you're just as likely to be watched by security when you're shopping as a "thug" or a "cholo," or looked at with mistrust if you stop someone to ask for the time. But the reason that most people start out in a lower socio-economic strata usually has something to do with race, religion, gender, etc.
As someone of color who has lived and worked around the world and in various parts of the US, one of the worst parts about the Pacific Northwest is that most people here believe that racism isn't really an issue, that it doesn't exist anymore, or at least, not here. I've been called a coconut [brown on the outside, white on the inside] to my face by a cop who intended it as a compliment because I read a lot and am educated.
This fall, I had a carload of men yell racial epitaphs at me as I was walking home from work through belltown late at night [while the cop parked half a block away and within earshot played on his cell phone]... But, maybe that's just me blaming my problems on "the Man."
More...
And, tragically, due to the wall of silence/wall of blue and other BS contrivances that serve to shield those that exploit their positions, Birk is walking free after gunning down a man who was crossing the street, quite literally, minding his own business.
I work downtown and, due to my job, I come in close contact with dozens of cops. Just like all people; there are good cops, there are bad cops, there are lazy cops, there are lecherous cops. There are funny cops, there are socially awkward cops, and there are cops who are genuinely good people who truly want to help other people. And to completely honest, they don't have the support or the structure necessary to do their job well or safely, at times.
That being said, they do need to be responsible for their actions, just like everyone else. And especially because of the power and authority they're given. And the line that Birk gave about feeling that his life was being threatened... Birk is the one initiated contact, Birk is the one who ran towards Williams with his gun drawn. Did he fear for his life when he was driving down the street and first saw Williams, or when he was pulling over to get out of his car, or when he was running towards Williams? It's interesting that the same week, there was a nonfatal shooting of a male in west seattle who leveled an ASSAULT RIFLE at SPD officers. How does a man with his back to you and a 3-inch knife warrant multiple point blank shots fired? [Using the ballistic term point blank, not the popular usage]
On a slightly different note, @21 there's a difference between minorities playing the victim card and being aware of the privileges that a well-off, white man might have over someone who looks who wasn't afforded the same "opportunities." Just as women, still and statistically, make less than men who do the same job; there is an undeniable advantage for pale people with penises and money. A good portion of the time, it boils down to socio-economic status [or even perceived socio-economic status]. For example, if you look like poor "white trash," you're just as likely to be watched by security when you're shopping as a "thug" or a "cholo," or looked at with mistrust if you stop someone to ask for the time. But the reason that most people start out in a lower socio-economic strata usually has something to do with race, religion, gender, etc.
As someone of color who has lived and worked around the world and in various parts of the US, one of the worst parts about the Pacific Northwest is that most people here believe that racism isn't really an issue, that it doesn't exist anymore, or at least, not here. I've been called a coconut [brown on the outside, white on the inside] to my face by a cop who intended it as a compliment because I read a lot and am educated.
This fall, I had a carload of men yell racial epitaphs at me as I was walking home from work through belltown late at night [while the cop parked half a block away and within earshot played on his cell phone]... But, maybe that's just me blaming my problems on "the Man."
28
i think everyone needs to quit playin the race card.yes he was wrong about shootin john.don't get me wrong i'm not stickin up for him,but no one but him really knows how he feels about other races.he just needs to man up and do what's right and do his time.what he did was unexcusable in anyway.he did everything wrong.unfortunately there are people out there that are bad and do things like that and think that they can get away with it just because of the positions they hold and where they work.police think that they can get away with this and other things how many times have you seen a police speedin down the highway way over the speed limit or talkin,textin,dialin on their phones while drivin.but it's all supposed to be ok just because of their position they are in.I say to the police officer that did this just man up admit you f---ed up and do your time.You are not a god you must live by the same rules that everyone else does.
30
@Cold Minnesotan
Someone said "only if you're Native American or black." I was simply stating that I'm white and have been harassed by Seattle Police and think that statement is obtuse.
How you stretched my reply to somehow having said that people of other ethnicities don't get profiled is BEYOND ME.
So YOU do some FUCKING research and figure out how I SOMEHOW missed the boat on the state of this country- I've lived in a dozen states, served in the military, worked in healthcare for ten years and lived in the ghetto.
Here's my statement paraphrased so you understand what I said:
"It's not only blacks and Native Americans who get harassed by cops."
Got facts and figures to argue with THAT?
Someone said "only if you're Native American or black." I was simply stating that I'm white and have been harassed by Seattle Police and think that statement is obtuse.
How you stretched my reply to somehow having said that people of other ethnicities don't get profiled is BEYOND ME.
So YOU do some FUCKING research and figure out how I SOMEHOW missed the boat on the state of this country- I've lived in a dozen states, served in the military, worked in healthcare for ten years and lived in the ghetto.
Here's my statement paraphrased so you understand what I said:
"It's not only blacks and Native Americans who get harassed by cops."
Got facts and figures to argue with THAT?
31
I'm Native American. But I'm also white. I look fairly white. But I've been harassed by them myself, and had one tell me I wasn't supposed to be in 'this' neighbourhood. I've had them approach me with their guns drawn on simple traffic stops. Maybe the 'Free Peltier' and 'Indian Country' bumper stickers give me away. They detained me for nearly half an hour, accusing me of having stolen tabs on my car, when I'd JUST gotten them (they apparently weren't in the system yet), and had the paperwork to prove it! Oddly, this happened two years in a row. WHY they felt a need to RUN my plates in the first place is beyond me, because the tabs were ON the plates! If this is how they act over absolutely nothing, imagine how many times a day this plays out all over the city.
The ONLY time I had a GOOD interaction with a Seattle cop? In one of the 'outer' neighbourhoods (Lakeview), and he was black.
The ONLY time I had a GOOD interaction with a Seattle cop? In one of the 'outer' neighbourhoods (Lakeview), and he was black.
32
Come protest the unsettled debt and death of a Seattle Woodcarver, John T. Williams, on the fifth month anniversary of the illegitimate shooting by bringing your folding knife and some wood to whittle on January 30th at 3:00 PM in the park next to the courthouse at 3rd and Yesler. SPREAD THE WORD.
33
@26 1st of all the cop wouldn't be yelling "Hey" at you. More like "Excuse me sr, pardon me, do you need a hand removing that tag from your parka?"
"There ya go little buddy have a wonderful...oh shit I see a nigger...gotta run!"
"There ya go little buddy have a wonderful...oh shit I see a nigger...gotta run!"
34
Wow.... I'm from Virginia, where they pull you over, cuff you, sit you on a corner for a hour while they run all of the possible crimes you could have committed.. It feels great to be in a place where NO ONE thinks they have a right to do that and are not afraid to say it, I applaud you all.
35
if u not white u ok u will not get hurt, or kill. i am native and this is wrong what he did, we know he did wrong, and they know it 2!!!!!
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