The Pierce County Prosecuting Attorney's Office has concluded a deadly force review without filing charges in the case of Washington state troopers who wrestled, Tasered and put a spit hood on a 35-year-old Tacoma motorist as he was bleeding from the mouth and then, according to an autopsy, abruptly died from a meth overdose once in custody for reckless driving last summer.
Elected Prosecuting Attorney Mary Robnett did not conclude whether the officers' less-lethal tactics, which also included firing a bean-bag round from a modified shotgun into Ronald Hasek's ribs, were justified or within policy, only that they did not constitute deadly force, according to a letter she sent to Tacoma Chief Avery Moore and WSP Chief John Batiste. Troopers used the bean-bag round, Taser and spit hood on Hasek, while a Tacoma officer later stepped on his leg to restrain him.
The state law defines deadly force as intentional force likely to cause death or serious injury. The Medical Examiner's Office ruled in October that Hasek died of accidental acute methamphetamine intoxication, with heart disease and obesity listed as contributing factors. The forensic pathologist opined he suffered "no significant injury" from falling out of his moving truck nor struggling with state troopers.
Robnett's spokesperson, Adam Faber, wrote in an email that the Medical Examiner's Office found Hasek's "sudden collapse" captured in video footage "is consistent with cardiac dysrhythmia and arrest due to methamphetamine intoxication." Faber also said the autopsy listed no contributing factors related to law enforcement force or restraints used on Hasek.
A bystander video of the incident posted to Facebook and reviewed by investigators shows an unarmed Hasek writhing on the ground as five state troopers roll him onto his stomach and press down onto him, including a knee in his back, for about 20 seconds to secure handcuffs around his wrists. The troopers almost immediately got back on top of Hasek when he flailed his legs a few times. The Tacoma police response and Hasek's subsequent collapse were apparently captured in unreleased surveillance and police video footage.
The Pierce County Force Investigation Team — a consortium of regional law enforcement tasked with independent probes of partner agencies' deadly force and in-custody deaths — closed its investigation of Hasek's case after the medical examiner ruled his death an overdose. Investigators, led by Lakewood police detective Jeff Martin, did not disclose the type of force officers used on Hasek or that they put a spit hood on him, which is considered a use of force under state law. The News Tribune previously reported police radio recordings indicated officers used a bean-bag round and Taser on Hasek.
PCFIT also did not disclose that officers used force on Hasek after he'd dropped a knife he was holding and because he reportedly did not comply with commands and resisted handcuffing while sitting on the pavement. PCFIT said officers continued restraining Hasek when he kicked at them and medical personnel, then he stopped breathing within minutes and died after more than half an hour of CPR.
Robnett's three-page letter focuses heavily on the reason a trooper pursued Hasek and his resistance. She did not detail the circumstances of the restraints used on him or the use of the spit hood.
Washington Coalition for Police Accountability spokesperson Leslie Cushman told The News Tribune that Robnett's analysis failed to adequately examine the use of force by troopers and whether it was justified.
"Accidents are inadvertent and happen by chance," Cushman, an attorney, wrote in an email referencing the state law on excusable homicide and lawful uses of force. "Glossing over or ignoring the role of the spit hood messages that there might not be rigorous accountability for this type of force. The reason we have a state-wide (model) use of force policy is because it helps ensure impartial policing, even for people under the influence of drugs."
Due to the high risk of harm from mesh spit guards in certain situations, both the Washington State Patrol and Tacoma Police Department recently adopted rules prohibiting their use on people who are bleeding profusely from the mouth area or if someone communicates about breathing issues or a related medical condition.
The new spit hood policies — recommended by the Attorney General's Office in the wake of Manny Ellis' March 2020 death while restrained by Tacoma police — also prescribe restrictions on spit hoods for people in mental health crises. Hasek's family told The News Tribune he had been struggling with mental illness when he died. His sister who set up a GoFundMe for funeral costs did not immediately return messages from The News Tribune.
Hasek's case bears similarities to the death of Ellis, who also had a heart condition and meth in his system, but an autopsy ruled his death a homicide from oxygen deprivation. Tacoma police wrestled, Tasered and hogtied Ellis before an officer put a spit hood over his head, allegedly causing his death, according to charging documents filed by the Attorney General's Office against three of the officers. Robnett's office relinquished charging authority in the case after Pierce County sheriff's investigators revealed a deputy had helped restrain Ellis.
Then-Medical Examiner Dr. Thomas Clark opined the hog-tie restraints, weight of officers and spit hood contributed to Ellis' death. He ruled out Ellis' heart condition and a meth overdose because a Fire Department heart monitor showed he died gradually, rather than suddenly as expected with cardiac arrest.
At the time of Ellis' death, Tacoma police did not have a policy for spit guards.
A 2021 study by Seattle-area researchers and former law enforcement officials found spitting is documented in about 3.6% of use-of-force cases nationwide and projected increased use of spit hoods post-pandemic due to public health concerns. The study suggested officers wearing medical masks and face shields in high-risk encounters could also be highly effective and acknowledged research on spit hood safety is limited to a few studies focusing on at-rest healthy adult and machine-simulated breathing.
An internal review of Hasek's death by the Washington State Patrol determined no troopers violated policy during his arrest, according to spokesperson Capt. Neil Weaver.
The incident began when trooper Andrew Ikejeri watched Hasek's truck narrowly miss a person walking on the shoulder of southbound Pacific Avenue and initiated a traffic stop around 7:40 p.m. on Aug. 9, according to Robnett's letter. Hasek also hit the curb twice.
Hasek did not stop for Ikejeri's lights and sirens, instead accelerating and activating his windshield wipers on the sunny evening, the letter said. Troopers reported Hasek breaking traffic laws and driving wildly, including nearly flipping his car on its side, before he fell or jumped from his seat during a hard right turn. The truck continued rolling, clipped a power pole and came to stop against a retaining wall.
Hasek had a knife in his hand on the ground and threw it a few feet upon commands from Ikejeri, according to the letter. Hasek reportedly did not comply with subsequent commands and remained on the ground making obscene gestures and comments toward law enforcement.
Troopers struggled with Hasek as they tried to handcuff him and shot him in the ribs with a bean-bag round after warning him to comply, the letter said. Troopers then fired a Taser at Hasek and placed the spit hood on his head as he allegedly kicked at troopers, yelled and spit blood.
When medical personnel arrived to tend to Hasek, trooper Brian Paine stepped on Hasek's right leg and Tacoma officer Justin Chohrach stepped on his left, according to the letter. Paine squatted down and patted Hasek on the back after he was subdued.
Hasek stopped breathing shortly thereafter and died at the scene, the letter said.
PCFIT previously disclosed state troopers Thurman Suddeth, Travis Brodie and Scott Madden also were involved in the incident, but Robnett did not specifically describe their actions in her letter.
Police incident reports and video related to Hasek's death were not immediately available in response to public records requests by The News Tribune.
