Deputy Schene was only charged with 4th Degree Assault. Why?
The Sheriff's Office does not decide what crimes will be charged, if any. That is the province of the Prosecuting Attorney’s Office. In this case they decided the appropriate charge was Assault in the 4th Degree, a gross misdemeanor, punishable by up to a year in jail and/or up to a $5000 fine.
That being said, there are 4 categories of assault in the Washington, and a specific charge is essentially based on the extent of injury suffered by the victim. 1st Degree Assault means assault with a firearm or other deadly weapon and/or assault that creates “great bodily harm”. 2nd Degree Assault means the victim suffered “substantial bodily harm”. 3rd Degree Assault is when a bus driver, firefighter, police officer, etc. is assaulted, or another person is assaulted who sustains “bodily harm [and] substantial pain that extends for a sufficient period to cause considerable suffering”. 4th Degree Assault is an assault that doesn’t fall into one of the other categories.
Why wasn't the other deputy in the holding cell (Deputy Bruner) charged with a crime?
The Prosecutor’s Office makes charging decisions, and our investigators did not see any actions by the deputy that appeared to rise to a criminal level. However the deputy’s role in the incident is now under review by the Sheriff's Office Internal Investigations Unit.
Why wasn’t the internal investigation of Deputy Schene started earlier?
Employment investigations can fatally flaw a criminal investigation. Therefore, internal investigations which can result in discipline or termination are only begun after the criminal case has been completed.
Why hasn’t Deputy Schene been fired?
Constitutional law and court decisions in the state of Washington don’t allow for a worker, especially a government worker, to be fired without “due process”. That means an allegation against an employee must be investigated and the employee must have the opportunity to explain the circumstances, both to the investigators as well as the final decision-maker, in this case Sheriff Rahr. That due process is now under way.
Why is Deputy Schene still being paid his salary while on administrative leave?
Legal decisions in Washington dictate that until an employment investigation is complete and the employee has been afforded due process, the employee has the right to continue their salary, and the employer has the obligation to do so.
Why wasn’t the video released earlier?
Until the Prosecutor’s Office decided to file charges, the video was evidence in the case. Evidence in a pending matter is never released when a criminal case is still under investigation. The security video was released as soon as possible after charges were filed and there was judicial review of the video.
Why hasn’t Sheriff Rahr spoken out publically about the actions of Deputy Schene?
Due process for an employee dictates the employee has a right to present his or her case to the person deciding what the final discipline will be, which can include termination. Sheriff Rahr is the person who will ultimately decide. Prematurely expressing an opinion before hearing all the facts would jeopardize any discipline decision and could lead to an overturning of the discipline or termination. It is analogous to a judge expressing an opinion about a case before the case was presented.
