Report: Police shooting of woodcarver not justified

A preliminary finding by Seattle police is that the Aug. 30 fatal shooting of a homeless woodcarver by an officer isn't justified, The Seattle Times reported.

A source confirmed to seattlepi.com that Ian Birk, the officer who fired the fatal shots, has surrendered his gun and badge.

The department has not made a final determination on the shooting. That will come after a six-person jury holds an inquest on the shooting. Inquests, called by the King County Executive, are routine after fatal officer-involved cases.

The inquest hasn't been scheduled.

Tim Ford, attorney for Williams' family, said reports of the preliminary finding would be "gratifying" if true.

Ford said neither he nor Williams' family have been given access to the information gathered by the firearms review board.

"We are still very eager to see evidence and what information the police have gathered ourselves," Ford said. "We hope this means they'll be releasing that to us soon."

The city's firearms review board concluded its hearing Oct. 4 and presented preliminary findings to Police Chief John Diaz that week. Those findings are confidential. The Times' story cited people familiar with the case.

"Per department policy and to support the integrity of the upcoming King County inquest the department will not comment on any findings or recommendations," a Police Department spokesman said in an October 5. "The firearms review board will reconvene following the evaluation of criminal liability by the inquest jury and King County prosecutor."

Police say during the Aug. 30 confrontation at Boren Avenue and Howell Street, Williams refused multiple commands to drop a knife from 9 feet away -- a distance that police say can present a lethal threat. Williams also had a decades-long history of gross misdemeanor and misdemeanor offenses, and some violent incidents in his past.

Birk, who started with the department two years ago, was placed on administrative leave after the shooting.

Rich O'Neill, president of the Seattle Police Officer's Guild and part of the review board, did not comment Thursday on the preliminary findings. In general, he cautioned people making an assumption when the inquest and work of the firearms review board is not completed.

Critics have said Williams was deaf in one ear and was not presenting a threat to the officer, Ian Birk, who was hired in 2008. Williams' knife had a 3-inch blade -- one that is legal under the Seattle Municipal Code. Hundreds of people protested the shooting last month.

In interviews last month, his two brothers said they didn't know if Williams had headphones on at the time of the shooting, but believe he had difficulty understanding the officer's command.

The day after the shooting, Diaz said any blade that can cause a lethal injury would be considered a deadly weapon, and that the 3-inch knife Williams had was definitely capable of causing a lethal injury.

Birk, who fired four rounds, was not armed with a Taser. Seattle Deputy Chief Clark Kimerer, who is heading the firearms review board for the Williams shooting, said 422 officers -- primarily those on patrol -- will be armed with Tasers by the end of the year.

The firearms review board is an internal Seattle Police Department group that reviews any discharge of a firearm by a Seattle police officer. Its purpose is to determine whether an officer's actions conformed to department policy and regulations, training guidelines, and applicable law, according to city officials.

Based upon its findings, the board, which includes a citizen observer, may recommend to the police chief further action or make referrals for further investigation.

To read more about the King County inquest process, click here.