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Showing posts with label Vancouver Corruption. Show all posts
Showing posts with label Vancouver Corruption. Show all posts

Wednesday, December 10, 2008

Vindictive Vancouver - Punishing Good Cops For Telling The Truth



In 2006, the city of Vancouver Washington fired an officer that they described as the dirtiest cop in Clark County’s history for allegedly falsifying reports and they sent out Brady notifications which effectively ended his career in law enforcement.

Following that dismissal the city then fired another officer in 2008 for allegedly falsifying a search warrant, branding that officer as a dirty cop as well which effectively ended his career as well.

At first glance, this might Sound like a city taking steps to clean up it’s police department, it might sound like something that should be applauded...

But you might be surprised to learn that it might be the exact opposite; that it may well be an attempt by city officials to rid it’s department of officers who have refused to be silent about the corruption they’ve seen occur within their police department at the direction of the city government.

The Story of Officer Navin Sharma

This story starts with Officer Navin Sharma, a decorated and respected police officer who was described as distinguished and dedicated and who was credited for saving countless lives by incorporating a medical unit into the SWAT division…

at least until he testified against other officers in an 1998 internal investigation about misconduct that occurred during a domestic violence prevention presentation that ultimately led to two sergeants being disciplined.

In reward for his honest testimony Sharma was rewarded with 8 long years of retribution that included racial epithets, offensive messages broadcast over the 911 dispatch radio system, and even failures to provide Sharma with backup when he was responding to reports of shots fired.

In 2000 Sharma filed suit against the city for discrimination and in 2001 he won a settlement of $750,000 that he negotiated down to $287,000 in order to gain a provision that let him remain on the force. But that didn’t end the abuse which included a 2003 incident where a city supervisor referred to Sharma as “the sand nigger that won a lawsuit against the city” and culminated in his firing in April of 2006.

Officer Sharma was fired for what DUI experts with the Washington State Patrol described as training issues, he made some errors while filling out DUI reports that are quite typical and were described by those experts as incidences that normally wouldn’t result in discipline beyond requiring the officer to attend additional training.

Instead of additional training, Sharma was fired, the city sent out Brady letters describing Sharma as an officer who’s testimony cannot be used in court, and city attorney Ted Gathe attempted to file criminal charges against Sharma over the alleged offense.

Sharma then filed another lawsuit against the city and won a record setting $1.6 million dollar lawsuit against the city for civil rights violation, a win that many accredit to the testimony of fellow police officers like Chris Kershaw.

The Story of Officer Chris Kershaw

Chris Kershaw is described as a dedicated officer with no prior record of misconduct. He was a distinguished Gulf War veteran with 10 years of experience in law enforcement that included his being awarded the medal of valor and life-saving medal for his actions that saved a SWAT officer’s life after he was shot in the back during a hostage situation… at least this was how he was described until he testified on Navin Sharma’s behalf in his civil rights suit against the city of Vancouver.

In late 2006, shortly after Officer Sharma’s firing, Officer Kershaw offered his testimony on Sharma’s behalf and as duty required he reported that intent to his supervisors in the VPD. Kershaw’s testimony proved pivotal to Sharma’s win against the city and, as filing papers indicate, retribution was swift once city attorney Ted Gathe found out about Kershaw’s plans to testify.

It was a testimony that ended prophetically with Kershaw stating the following:

“I must spend time to prepare myself… and prepare my family for the hardships we will most likely endure as a result of the discipline I believe will soon be imposed upon me.”
Just as in Sharma’s case, an investigation that was overseen by a VPD Commander named Kistler and Ted Gathe was started and Officer Kershaw was eventually disciplined and fired for allegedly misdating a search warrant which was, incidentally, the first search warrant that he had ever filled out and had done so without any prior training… a search warrant that the issuing judge had reviewed and described the dating error as “inadvertent and something that could be addressed with additional training”.

The city of Vancouver, just as in Sharma’s case, didn’t stop there. Just like Sharma, Ted Gathe then sent out Brady letters describing Kershaw as a liar and effectively ended Kershaw’s distinguished career, all allegedly for inadvertently misdating a form that he had never filled out before and had no training to show him how to fill it out properly.

However, it’s far closer to the mark to say that Kershaw’s career has been ended and his reputation ruined for testifying on behalf of a good cop who was persecuted for his own honest testimony against officers who did something wrong.

In response to his own termination from the Vancouver Police Department, Officer Kershaw has also filed a suit against the city that alleges he was fired in retaliation for his testimony on Officer Sharma’s behalf and has garnered the support from fellow officers, including retired Command Lieutenant Bruce Hall, a 20 year veteran of the VPD who supplied the following testimony for Offficer Sharma’s case in regards to what he was repeatedly told during a meeting he attended with VPD commanders and city officials:
“There are three kinds of employees. The first are those that are absolutely loyal, to a fault. They back each other no matter what… The next are those who need to be moved laterally or given some kind of “pay off” to get them out. The third kind needs to be actively and aggressively pursued in order to get them out, and you do it anyway you can… ride them until they quit or write them up until you can fire them.”
All of this in a department where other officers have been found to have lied in the presence of internal affairs officers during investigations into sexual abuse, intentional falsifications of records, and other more serious abuses of power that resulted in far less disciplinary actions, if any actions at all.

These two officers, who both had distinguished careers and were described by other officers, officials, and citizens alike as dedicated, trustworthy, and passionate about saving lives in their roles as law enforcement officers and medics, were fired for what everyone involved describes as inadvertent training-related errors by a city attorney who has refused to discipline one of his own city attorneys who had recently been arrested for his third DUI… an attorney who also works in the prosecutor’s office.

It doesn’t even stop with the persecution of Navin and Kershaw, in fact the the Clark County 911 operator, Holly Starr, who reported the incidents of racially-charged broadcasts targeting Navin Sharma won a whistle-blower lawsuit settlement for $260,000.

Ultimately, what is happening in Vancouver is the complete opposite of a city holding officers accountable, it’s a city that is refusing to hold itself accountable… and ultimately the citizens are the ones who will suffer for the loss of good officers like Navin Sharma and Chris Kershaw, all while ignoring and defending the real misconduct that occurs around them.

As I said before, sometimes officers can be the victims of misconduct too, and by all the evidence piled against the city of Vancouver, this certainly appears to be a textbook example of injustice done to some of the best officers that city has ever had.

References:
Good Cop, Mad Cop - Willamette Week Online
Ex-Officer Files Claim Against City - The Columbian
Filing Papers -Chris Kershaw's Notice Of Tort Claim Against City of Vancouver
Navin Sharma - Injustice In Seattle

Wednesday, September 10, 2008

Navin Sharma - A Good Cop Who Can't Be A Cop Wins Settlement

(UPDATE: Another suit has been filed against the city of Vancouver in December of 2008 related to this case, more information about this case and the related case can be found here).

Navin Sharma was, by all indications, a good and dedicated police officer with the Vancouver Washington police department. Navin's efforts with the department to develop the Tactical Emergency Medical Support (TEMS-SWAT) Unit was instrumental in saving the lives of numerous fellow officers and citizens alike and his efforts to lead charity drives and events were inspirational.

Navin started with the department in 1997, however things went downhill for him after he testified against senior officers during an internal investigation, that's when the threats and harassment began. Superiors would use crude racial slurs when referring to him, rude notes were left on his cruiser by fellow officers, he would get profane messages on his answering machine constantly.. He filed a suit against the city in the hopes of stopping the harassment and threats in 2001 after officers threatened him during a roll call meeting and he won that suit, but the harassment still continued. All the while, his efforts to stop the harassment failed and his complaints went unheeded while city officials would refer to him as "Sharmageddon" or "the sand nigger who sued the City and won".

Navin was finally forced to resign in 2006 for copying and pasting information for DUI reports, a practice used by many other officers in the department without any consequences. In fact, during the current suit filed against the city it became clear that other officers who did much worse kept their jobs, and his suit prevailed because it was made clear that the city was merely looking for any excuse to get rid of an honest officer who told the truth and the city was punishing him for it.

Navin Sharma won a 1.6 million dollar settlement from the city of Vancouver Washington yesterday, (read the press release here), perhaps the largest ever employment discrimination suit against a city in the state of Washington. But the cause of the disturbing racial abuse wasn't just because Sharma's east Indian race, but the fact that he was brave and ethical enough to not perjure himself when testifying about other police officers. His racial background was merely the tool with which the city's police officers and elected officials used to punish him for telling the truth.

Navin, currently working as a nurse, now says it's unlikely that he can ever work in law enforcement again even though he wishes he could. While part of the settlement forced the city to amend his records to show he resigned in good standing, removes him from the Brady list of officers who can't give testimony, to change state records which canceled Navin's law enforcement certification, issue several commendations, and restore his rights to his pension; he says word of mouth will have more impact on his ability to get another law enforcement job, and even then it appears that his reputation for being honest will keep him out of the career he loved.

Good luck Mr. Sharma, the police desperately need more role models like you... and it's damn shame that they don't want them. Unfortunately, it's another example that shows even police officers can be the victim of police misconduct.

 
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