A use of force review board has ruled that a police officer was justified in firing his weapon during an incident in March 2022, the city council learned this week.
It's the first time the board, which is part of the Capital Metro Independent Investigations Team, has been used for an investigation. The board talked about the recommendation on March 7, about a month after the Pierce County Prosecutor's Office determined the Olympia Police Department's response complied with statutory requirements and appeared justifiable.
The incident in question happened March 31, 2022, at an apartment complex in the 1300 block of Fern Street Southwest, near the Olympia Auto Mall. Jerry Fordyce, 72, had set a fire outside his neighbor's door and was preventing people from putting it out.
Fordyce retreated to his apartment and allegedly pepper sprayed an officer at one point. A crisis responder was dispatched to the scene, according to previous reporting from The Olympian, but Fordyce didn't respond. After some time, four officers entered the apartment with a riot shield. Officer statements described the apartment as a cluttered mess and hard to navigate.
At some point, Fordyce stabbed two officers using a machete. They were both hit on their legs, above the knee. One officer reported hearing two gunshots, and then they were able to "gain control" of Fordyce, according to previous reporting.
Fordyce was airlifted from the field at Capital High School to St. Joseph Medical Center in Tacoma in critical condition. Both officers were taken to the hospital, one in serious but stable condition, and they were later released to recover at home.
Fordyce was accused of first-degree arson, two counts of first-degree assault and two counts of second-degree assault and unlawful imprisonment. He was denied bail. The detailed report can be accessed through a public records request with the Lacey Police Department.
The Lacey Police Department took the lead in the investigation as part of the Capital Metro Independent Investigations Team. The Olympia Police Department conducted its own investigation, too, that included a board of community representatives and law enforcement professionals.
Three community representatives spoke to the Olympia City Council on March 7. Their duties included helping to select the lead investigators, reviewing conflict-of-interest statements and working directly with families and officers.
Anna Held is a licensed attorney in Washington and Oregon, with a specialty in administrative and constitutional law. She served as the single community representative on the OPD's internal review board.
Held said the purpose of the internal board was to make sure that use of force complies with OPD's internal use of force policy. And after hearing testimony from officers, she said the board determined the use was in compliance. The board also had to determine whether any forms of training would be necessary. She said it doesn't mean any officers made any mistakes, but there can always be improvement to avoid using potentially deadly measures.
The internal review board recommended OPD improve its training around entering into small spaces, like the apartment they had to enter a year ago.
"In my experience, all of the testimony was honest," Held said. "I believe it was consistent with the facts as we understood them from the investigative report."
Garrett Cooper served as a volunteer community representative on the Capital Metro Independent Investigations Team. He's a retired Army officer with a specialty in logistics, and he's worked on the Capital Campus for nearly 20 years. OPD lieutenant Dan Smith said Cooper is a well-known fixture in the community.
Cooper said everything that happened in the incident appeared to be done by the book. He said the shooting was righteous as it happened, since two officers had been injured.
Cooper said there needs to be more crisis responders within OPD, as well as more officers who are trained to deal with crisis situations. He said he grew up around violence and shootings, and he saw being a part of the volunteer team as an opportunity to help the police department grow.
"Seeing it on TV, and seeing officers not held liable for what they've done is the reason why I'm here," Cooper said. "We have an opportunity to work with the officers and let the police department know they need to do something better."
The final speaker was Reiko Callner, the former assistant attorney and prosecutor for the City of Olympia. She is also a member of the city's Civil Service Commission and has been a government attorney for more than 30 years.
Callner provided a few more recommendations to the department, including releasing information to the public earlier. She said she understands the need to provide accurate information, but that the public is often left having to fill in the blanks on what happened. She said there was a lack of transparency with the public and news releases often lacked vital information.
Callner said there was difficulty getting officers to cooperate at the beginning, and she's still unsure whether some of the key witnesses provided any statements. She said she thinks a big part of that is not having any sort of deadline from the prosecutor on when these cases need to wrap up. As a result, the officer who fired his weapon has had the case dangling over his head for nearly a year.
"It affects the community, it affects the officer, it affects everyone in the department," Callner said. "I think a deadline would be helpful."
