DRAFT REPORT OF THE CITY OF SPOKANE USE ... - Samuel Walker

Mr. Earl F. Martin
RE: REPORT TO USE OF FORCE COMMISSION
December 3, 2012
Page 12
maintain a high level of internal expertise and to deal with inevitable retirements and potential
unavailability of one instructor. The master level instructors can then provide internal instructional
updates and re-certifications for the SPD defensive tactics instructors. In the inevitable event of a
high-profile force related incident, the ability to offer internally a highly-qualified use of force expert
to testify about the department's use of force training programs is invaluable.
With regard to Spokane Police Department instructor certifications, I was informed at the
time of my meetings with staff that all of the defensive tactics instructor certifications were expired
and that the last SPD instructor re-certifications were reportedly completed in 2007. This is the
status of all the instructors according to the instructional staff that I met with on both trips to
Spokane. This is a source of serious concern with regard to quality control and risk management.
It is apparent that the instructional staff is highly motivated and making every effort to work within
the time and budget limits, but they need to receive training themselves to support their efforts.
As noted above, a primary concern with regard to use of force training issues for any agency
is keeping law enforcement personnel up to date on the legal precedents and applicable court
decisions. Understanding and transmittal of this type of information is typically accomplished by:
1) the legal advisor to the agency publishing legal updates and conducting training; 2) legal updates
and publications distribution to personnel by agency; 3) subject matter experts for the agency
updating personnel on significant legal developments through on-going training and re-certification
processes and incorporating same into in-service training; 4) subject matter experts participation in
subject matter expert organizations such as firearms instructor associations, training officer
associations, and canine handler associations, and incorporating information received into in-service
training; 5) assignments for monitoring and distributing case law updates to a member of the agency
with special interest and aptitude.
In Spokane Police Department, Sgt. Tom Hendren, Team Leader with SIU and a SWAT
Team member, was identified as the individual tasked with the responsibility of working with the
Legal Liaison from the City Attorney's Office to provide legal updates to SPD personnel. Sgt.
Hendren works with Assistant City Attorney Mary Muramatsu, who has been as of late designated
as the Legal Advisor to Spokane Police Department. The distribution of legal updates by Sgt.
Hendren focuses primarily on areas pertaining to criminal procedure and does not include an analysis
of how a case decision impacts the defensive tactics training by Spokane Police Department. Sgt.
Hendren indicated that he leaves the latter concern to the defensive tactics instructors. He noted that
he teaches case law updates to members of the patrol division, the school resource officers and to
code enforcement personnel such as loss prevention personnel, animal control and security officers
employed by the City of Spokane.