Updated at 1:29 p.m.
By Sharyn L. Decker
Lewis County Sirens news reporter
Centralia Municipal Court Security Officer Stephen Howard submitted his resignation effective today, just days after Police Chief Bob Berg issued his report indicating Howard’s use of deadly force on a person fleeing detainment on a misdemeanor warrant was inappropriate.
Berg’s findings released Thursday regarding the mid-December incident made clear Howard should not have unholstered his gun, nor even left his post to pursue the 22-year-old Adna man.
Phillip Pinotti was struck by the broken glass from his car window, but not by the bullet that was later found on his passenger seat.
In a news release distributed this morning, Berg states the resignation means any personnel issues regarding the shooting are now closed.
The chief noted that he appreciates Howard’s service to the community and his long term commitment to the law enforcement profession.
“In terms of moving forward, there are lessons the department has learned regarding policies and procedures as well as training and documentation for individuals assigned to this duty,” Berg stated.
Howard, a retired California Highway Patrol officer, had been employed by the city for just short of four months when the incident occurred. He worked one day each week, as a limited commission officer.
A review by the county prosecutor found Howard’s firing of his weapon was not unlawful, but an internal shooting review board concluded it was a violation of department policy.
Howard said he fired his gun once because he thought Pinotti was trying to run him down with his car, but the prosecutor, the shooting review board and the police chief, in varying degrees, indicated they didn’t believe that’s what happened.
It was the morning of Dec. 16 when Pinotti slipped away as Howard was handcuffing him in Centralia Municipal Court and ran to the next block where his car was parked on Maple Street, got inside of it and locked his door. Witnesses described Howard striking the window with his gun, something Howard said he didn’t recall happening.
Chief Berg wrote in his determination last week, that based on the physical evidence, such as the trajectory of the bullet and statements from witnesses, it was quite possible the gun’s discharge was accidental.
Howard was put on administrative leave while the Lewis County Sheriff’s Office investigated the shooting. Lewis County Prosecutor Jonathan Meyer issued his conclusions on Jan. 7.
The internal review board – called both the Use of Force Review Board and the Shooting Review Board – met on Jan. 13 and forwarded its recommendations to the police chief on Jan. 23.
Berg said Howard returned to work on Jan. 20, following the completion of the criminal investigation by the prosecuting attorney.
Pinotti pleaded guilty to third-degree escape and two related misdemeanors on Jan. 14.
Last Thursday when the chief issued his determinations about Howard’s actions, he noted a personnel decision would be made after a discussion with Howard; it’s not clear whether the two talked before Howard submitted his resignation.
Berg says the department will begin the process of selecting a replacement for the position.
In his short statement, Berg included:
“It is paramount that the public we serve have confidence in their police department, both in terms of the actions we take in performing our duties, as well as the manner in which those actions are reviewed.”
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For background, read “Chief Berg: Shooting at fleeing man was outside police department policy” from Thursday February 5, 2015, here
Tags: By Sharyn L. Decker, news reporter
Sharon
Did you know that abetting police brutality is considered prosecutorial misconduct according to Wikipedia? Man I sure hope none of that nonsense is going on in our prosecutors office. If it is, someone needs to put a stop to it so as not to incur huge financial liabilities down the road for doing nothing about it.
BTW folks: I have never said that I am not an asshole.
L. C. Coroner (if that is who you really are)
I have a question that I would really like answered on this forum. In the death of Mr. Whorton, doesn’t number 2 a and b in the below RCW apply more so than number 1 as you would like everyone to believe? I mean gosh, if number 1 were the guiding factor, wouldn’t that just allow more indiscriminate police shootings, without an adequate investigation into the shootings themselves? Why did you select number 1 over number 2?
Mr Whorton was the man who supposedly brought a knife to a gun fight with law enforcement. If law enforcement has a reason to believe you have committed a crime or are committing a crime, they may detain or arrest you. Being a suspicious person is not a criminal act. They should have left him alone when he told them to do so. Instead they ran him down and shot him. Killing drug addicts is not the answer.
Idiots say:
My longest clean time from meth is just short of 22 years. I worked my entire adult life, never being unemployed, in some interesting jobs. The most challenging was likely as a control operator over dozens of electrical generators, located in seven western states. Sounds like a real tweeker to me. FYI: Using psychotic verbiage as a pole, coupled with a piece of shit for bait, a few bottom feeders get hooked from time to time.
I got the feeling I’m going to regreat this, but who was Mr. Whorton?
The investigation of the death of Mr Whorton needs to be re-opened and performed by someone other than our local prosecutor. The truth regarding the incident would be nice. Unless you think it is OK to kill sick people and get away with it.
L. C. Coroner: Have you ever heard of the term rigorous honesty?
L. C. Coroner: I disagree with you.
RCW 68.50.105
Autopsies, postmortems — Reports and records confidential — Exceptions.
(1) Reports and records of autopsies or postmortems shall be confidential, except that the following persons may examine and obtain copies of any such report or record: The personal representative of the decedent as defined in RCW 11.02.005, any family member, the attending physician or advanced registered nurse practitioner, the prosecuting attorney or law enforcement agencies having jurisdiction, public health officials, the department of labor and industries in cases in which it has an interest under RCW 68.50.103, or the secretary of the department of social and health services or his or her designee in cases being reviewed under RCW 74.13.640.
(2)(a) Notwithstanding the restrictions contained in this section regarding the dissemination of records and reports of autopsies or postmortems, nor the exemptions referenced under RCW 42.56.240(1), nothing in this chapter prohibits a coroner, medical examiner, or his or her designee, from publicly discussing his or her findings as to any death subject to the jurisdiction of his or her office where actions of a law enforcement officer or corrections officer have been determined to be a proximate cause of the death, except as provided in (b) of this subsection.
(b) A coroner, medical examiner, or his or her designee may not publicly discuss his or her findings outside of formal court or inquest proceedings if there is a pending or active criminal investigation, or a criminal or civil action, concerning a death that has commenced prior to January 1, 2014.
I’m curious if any Centralia law enforcement officers have any relatives who work for the City of Pasco?
i’m think lurker needs to stop re-using the tinfoil for his hat… the same stupid thoughts just keep rolling from under it. quite obvious the drugs have burned deeply into his white mass. I’ve heard that if you bring the top of your hat to two little points and insert them into the nearest plug in you’ll have a way different look on life.
Serious black helicopter action on this thread. To get in the spirit of things, I’ll look under the bed for the boogeyman tonight…and he’ll BE there…you KNOW he’ll be there…he’s ALWAYS there, just waiting…and waiting…
To answer A. Lurker:
The reason I did not release the number of times Mr. Wharton was shot is that I am following state law. Autopsy reports reports are exempt from public disclosure by state law making them confidential. The only information I can release is what is on the Death Certificate since that is a public record and obtainable by anyone who wants to request a copy from the health district.
If anyone ever has a question about why I did or did not do something please fee free to contact me and ask at 740-1376. I work for the citizens and answer any questions I can that are not confidential.
Warren McLeod
Thank You Sharon for publishing my foul inflammatory comments. We don’t have blacks here very much, so the Parasites Invasive to Greater Society have to pick on drug addicts. Eric Holder or his replacement won’t charge anyone here with murder as he should. I commented long ago that the corruption in law enforcement doesn’t reside only at the local level. it should be OBVIOUS that governmental response to the war on drugs, school shootings etc. is just a tool for the PIGS to invade the privacy of EVERYONE’S lives. I want them to keep their noses in their own damn business. THERE ARE SUCCESSFUL SOLUTIONS TO OUR PROBLEMS. If we keep on the same path, the costs of law enforcement will (if they haven’t already) seriously impact our competitive ability in the international arena. Count the number of exempt license plates when you are out and about and then tell me we need more government. Has anyone noticed the traffic camera west of Morton? I keep waiting to see the traffic jam on KING 5 news in the morning. I don’t want them installing that shit on my nickel!
Why did he leave his post? If he’s a retired cop he should have been familiar with policy.
Like most Lewis County law enforcement use of force abuses this deal was cooked between the prosecutor’s office and the Chehalis police. Prosecutor finds shooting not illegal. Chief Berg writes a report that Howard violated department policy and asks for and receives Howard’s resignation. Pinotti gets leniency for not beefing about it. Nothing for the “friends” who sheltered Pinotti from the cops when he was on the lam.
End of story. Fortunately Howard was a bad shot or they would have had to clear him of homicide.
Meyer is a large part of the problem. My personal opinion is that the pig had to feed someone in law enforcement to the public, given law enforcements trigger happy behavior. I want to know when Eric Holder or a minion below him, charges the 2 Centralia officers in Mr. Whorton’s MURDER. Jonathon Meyer is an accessory after the fact in the murder. Another question is why coroner McCloud kept secret from the public, the number of times Mr. Whorton was shot.
This is for readers, but also for our Good Reporter Ms. Decker! For we only know what to examine from what our press has published.
Given what is known from Berg’s position… shouldn’t Meyer take another look?
https://lewiscountysirens.com/wp-content/uploads/2015/02/2015.0205.Howard.Pinotti.SRB_.Chiefs-Determination.CSO_.Howard.UOF_.02-05..pdf
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bottom of page two:
“Following the interview of officer Howard, the panel heard from a witness who!!troop 373 notes Berg’s bad grammar as its to be whom!! had not previously been interviewed as part of this investigation.
Top of page three:
“The Lewis County Sheriff’s Office investigation and the review by the Lewis County Prosecuting Attorney had already established the material facts of the case, so…”
If material facts are established post (which meyer had not pre-disqualified) Meyer’s now shown prematurely established material facts determination… then should not perjury charges or to begin again, a re-examination by Meyer be indicated… as to the newly discovered behavior of Mr Howard? –Adamant? really?–