From the Aug 29 – Sep 4, 2002 issue

News

Witness Stand

Cops, Media Trivialize Eyewitness Account

by Amy Jenniges

When two young black men were stopped for jaywalking on August 7 near Pioneer Square, and then apparently got into a scuffle with the police, a manager in Seattle's Human Services Department witnessed the event. The woman, Marty Jacobs, was walking along Second Avenue when she saw Kwame Garrett (Omari Tahir-Garrett's 25-year-old son) and Kenyatto Allah, 29, cross Second at Yesler.

But when Jacobs read a local newspaper's basic account of the incident the next morning--in which police alleged that Garrett and Allah assaulted the officers--she disagreed, and quickly sent her own statement to prosecutors and the two men's defense attorney, William Broberg.

More troubling than Jacobs' conflicting story is the way it's been treated: Police have dismissed the account (likening Jacobs to the last-minute contradictory witness Kwame Garrett's father produced last month in his trial for assaulting former Mayor Paul Schell). The press has virtually ignored it (both daily Seattle papers have referenced the statement, but haven't named or interviewed Jacobs, adding to the trivial status the cops gave her). It's unclear if prosecutors have her account on file. Jacobs, who is out of town this week, wrote in her statement that she wants "a just resolution" in the case. So far, despite Jacobs' good intentions, it seems that's not happening.

Jacobs' version of events starkly contrasts with the police account. Here's the cops' version: Officer James Shearer, on a bike, put his tire in front of Garrett after he refused to stop, shouting "fuck you" at the officers. Shearer's partner, Officer James Lee, grabbed Garrett's elbow. Garrett pulled Lee off of his bike in a headlock, and then Allah jumped in. Shearer sprayed the two friends with pepper spray, and the struggle continued until other officers arrived to help arrest the suspects.

Jacobs says that Garrett and Allah had reached the curb by the Smith Tower when one officer came up behind Garrett, grabbed him, and pushed him into the wall. When Allah tried to pull the second officer away, that officer sprayed Allah with pepper spray. Jacobs told Broberg she "absolutely didn't see a headlock," and didn't see Garrett start a confrontation or yell "fuck you." A trial date will be set on September 3, and Broberg says he will subpoena Jacobs to testify.

amy@thestranger.com