The City of Olympia has settled a tort claim with the family of Timothy Green for $600,000 two years after he was shot and killed by an Olympia Police Department officer.
According to an Aug. 26 news release from Leslie Cushman, who has been working with Green's family, the city also agreed to take four actions.
The settlement requires Chief Rich Allen, the deputy chiefs and the officers who were at the scene of Green's shooting to complete a Criminal Justice Training Commission training on the historical intersection between race and policing within the next year.
The city must require all patrol officers to take a 40-hour Criminal Justice Training Commission training on crisis intervention within the next two years. They also will have to take an additional eight-hour Crisis Intervention Training Force Options class within two years. The course is designed to "provide training to law enforcement professionals to use appropriate force options when dealing with someone in a behavioral health crisis."
The city also must adopt a policy prohibiting employees from personalizing equipment.
"We have been forever impacted by the death of a son, a brother, a father, an uncle. Tim did not deserve to die this way. And we do not want this to happen to anyone else," the family said in the news release.
The settlement was approved by the court on Friday, Aug. 23.
Background on the case
Green, a 37-year-old man with a history of mental illness, died on Aug. 22, 2022, after being tased and shot by police. The incident occurred after police were called to a disturbance at a Starbucks near Martin Way and Sleater Kinney Road.
Detectives concluded their investigation into the shooting on Jan. 12, 2023. A summary of the report states the involved officers had probable cause to arrest Green for disorderly conduct and pedestrian interference.
"Officers made de-escalation attempts to include making attempts to converse with Green, giving verbal commands, creating distance, and implementing less lethal options," the summary reads. "The officers recognized the scene was not safe for a crisis responder due to Green being violent and threatening."
Statements in the report from the officers at the scene allege Green still held a knife as he approached officer Jordan Anderson. Video from the scene shows Anderson moved in front of Green's path then began walking backwards with his gun pointed at Green. Anderson shot Green three times in the torso and fell into a bush, according to the investigation report.
A law firm representing Green's family filed a $21 million claim for damages against the City of Olympia in August 2023. However, the Thurston County Prosecutor asked the Clark County Prosecutor to review the Capital Metro Investigation Team's report on the incident to determine whether there was a basis for a criminal charge against officer Anderson for the use of deadly force. The Clark County Prosecutor found there was not.
According to the news release, a request was made to the Thurston County Prosecutor on Aug. 23 to reevaluate the decision to not file any charges against the officer and to review all facts of the case. This includes a service call on Aug. 20, 2022, where Officer Anderson and Sgt. Joseph Bellamy met Green and learned about his psychiatric disability.
The request was made in light of the recent conviction of Jeffrey Nelson, an Auburn officer who was found guilty of murder in the death of Jesse Sarey in 2019.
According to the release, a complaint was filed with the Criminal Justice Training Commission on July 22 against the four Olympia officers who were at the scene of Green's shooting. The complaint asks for an investigation regarding failure to follow training to de-escalate, failure to intervene, and unprofessional and unethical conduct relating to the use of anti-Black and anti-government messaging.
"No one will be safe in Olympia so long as the officer who killed Tim is allowed to patrol our streets," Green's mother Millie said in the release.
A week after the shooting, the four officers who were involved in the incident were placed on paid administrative leave. Since then, Brenda Anderson has retired from the OPD and no longer works for the city. Jordan Anderson, the officer who shot Green, was placed on paid leave but is now back to working alongside Sgt. Bellamy and officer Caleb Shaffer.
The argument for reform
The settlement includes the adoption of a policy prohibiting employees from personalizing equipment because of the messages found on officers' gear, according to Cushman's news release.
Anderson reportedly wore "Blue Lives Matter" gloves at the scene two years ago. Blue Lives Matter is a countermovement that shows solidarity with police officers that emerged in opposition to the Black Lives Matter movement.
Sgt. Bellamy had what Cushman called "anti-government" stickers affixed to his laptop. According to the release, Bellamy tried to hide his laptop from investigators by removing it from the scene.
"At 10:47 AM — 15 minutes after Tim was shot, video footage shows Sergeant Bellamy went to his patrol vehicle and began removing items from his vehicle, despite OPD policies requiring that 'all aspects of the crime scene' be preserved," the news release says.
"Among the items Bellamy removed from his vehicle was an OPD-issued laptop computer displaying the Blue Lives Matter flag emblem, as well as a 'sh— magnet' symbol and a badge depicting a coiled rattlesnake and the mantra 'No Step on Snek,' which is understood to mean 'don't tread on me' and represents right-wing, anti-government ideology."
The release contends the stickers and logos exhibit anti-Black ideology and anti-government ideology within OPD.
The City of Olympia responds
City spokesperson Kellie Purce Braseth provided The Olympian with a city statement on Monday afternoon that was not attributed to any specific city officials.
It said throughout the process, the City of Olympia and the OPD have remained supportive of and committed to a thorough and transparent investigation of the shooting, both by the Capital Metro Independent Investigations Team, a review by an out-of-county prosecuting attorney and through OPD's internal use of force review to determine if the actions taken are in line with state law as well as OPD policies and procedures.
"These types of investigations are critical to maintaining trust between law enforcement and our community," the news release says. "The City of Olympia appreciates the dedication and diligent work of the Capital Metro Independent Investigations Team during this inquiry."
In response to statements from Cushman and the plaintiffs, the city says the OPD is developing a policy that would prohibit employees from personalizing department-issued equipment.
As part of the settlement agreement, the policy will be updated within one year and the council appointed Civilian Police Auditor will review the policy and have an opportunity to contribute to language prior to publishing.
Braseth's statement says Sgt. Bellamy did not hide his laptop, and neither the laptop nor any other equipment was removed from the scene.
The city statement says Olympia police officers have already begun training on the historical intersection of race and policing, which is required by state mandate. Officers are expected to meet the training requirement well before the 2028 deadline set by Initiative 940.
The statement also says nearly all Olympia police officers have already completed the CJTC 40-hour Crisis Intervention Training course, except for those hired since April. Those officers will complete the training within the next two years. According to the statement, OPD has required the certification for more than 20 years.
Lastly, the statement says there currently aren't any Crisis Intervention Training Force Options courses available. But OPD will work with CJTC to make them available within the next two years.
The city statement says the OPD's internal review of the shooting has been completed, and the report is being finalized and will be released next month.
"While this settlement agreement aims to bring some closure for those affected by this tragedy, we ask the community to hold the Green family, who are grieving a lost loved one, in their thoughts and give them your continued support," the statement says.
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