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Officer's role reviewed in accidental gun firing

By Steve Miletich
Seattle Times staff reporter

Seattle police are reviewing the conduct of an off-duty officer who reported earlier this year that she had accidentally fired her personal handgun during a 1:15 a.m. confrontation with a panhandler on Capitol Hill.

The officer, Penelope Fulmer, flagged down other officers the night of the incident, in March, but she didn't tell them she had fired her gun. She said only that she had chased the panhandler after he assaulted a friend of hers outside a restaurant at the corner of 12th Avenue East and East Pike Street.

Two hours later, Fulmer told a commander she had accidentally fired her .38-caliber revolver during the incident, according to two department officials who spoke on condition of anonymity because the case is under review.


Fulmer, a 14-year veteran, said she had fumbled with the gun, which belonged to her and was not her department-issued pistol, the officials said.

Neither the panhandler nor anyone on the street was injured. Officers booked the panhandler into jail for allegedly hitting Fulmer's companion on the head with a glass juice bottle, but he was soon released after he provided detectives with an account of the incident that conflicted with Fulmer's.

Prosecutors for King County and the city of Seattle looked into the matter — even taking secret testimony in King County Superior Court — to determine if Fulmer deliberately fired the gun or made false statements.

No charges were filed and the case was referred to Seattle police internal investigators to determine if Fulmer violated department rules.

Seattle Police Chief Gil Kerlikowske met with Fulmer to get her side and is expected to announce a decision in the next two weeks.

Fulmer, 35, did not respond to messages left at work and with a relative.

Her case follows a separate four-year investigation into misconduct by a group of officers working out of the department's West Precinct in downtown Seattle. Kerlikowske last month fired one officer and disciplined two sergeants after investigators uncovered evidence of illegal drug use and other misconduct by the officer and improper actions by the sergeants.

In Fulmer's case, she encountered the panhandler early in the morning of March 17, while she was off-duty and not in uniform. She had left a Capitol Hill bar with a friend to get something to eat and already was upset after discovering her car had been towed, department officials said.

Fulmer and her friend, an off-duty Snohomish County sheriff's deputy, told officers at the scene that the man had aggressively approached them for money, blocking their path and making offensive comments about two women being together.

The women said that when Fulmer tried to walk past the man, he struck Fulmer's companion on the head with the juice bottle, according to an incident report written by the responding officers.

Fulmer told officers she started to chase the man but wasn't able to keep him in sight.

One officer found the panhandler nearby and arrested him.

There is no mention in the incident report of Fulmer firing her gun.

But one officer asked Fulmer if she was "packing" — slang for carrying a gun — department officials said.

Officers had heard what sounded like a gunshot and smelled gunpowder in the air, one official said.

Fulmer said no, but after consulting a police union representative she notified a department commander that she had accidentally fired her gun, the officials said.


The panhandler told officers that Fulmer and her companion had lunged at him and that he swung the bottle in self-defense.

At the request of detectives, King County prosecutors conducted a secret proceeding before a special inquiry judge to determine if Fulmer deliberately fired at the panhandler without legal justification, according to one police official and a lawyer familiar with the case.

Another police official said the type of gun Fulmer was carrying requires a heavy pull on the trigger to fire.

No charges were brought against her by the King County prosecutor's office. City prosecutors separately weighed whether to charge Fulmer with a misdemeanor for making false statements to officers during the incident. But there wasn't enough proof of her intent to bring a criminal case, said Michael Finkle, a supervising attorney in the Seattle City Attorney's Office.

The matter was then referred to Seattle police internal investigators for possible administrative action.

Fulmer told internal investigators she drew her gun because she believed she was chasing a felony assault suspect, one official said.

She said she dropped the gun and accidentally fired it while picking it up, the official said.

Fulmer also explained she had been confused by the term "packing," and believed she was required to first notify a supervisor in her chain of command that she had accidentally fired her gun, the official said.

http://seattletimes.nwsource.com/html/localnews/2002673343_cop09m.html

Lets see. If I fired a weapon, on a city street, lied about it, tried every way to cover it up. Where would my A$$ be sitting?

This one just ticks me off 10 ways from sunday
 
How does ANYONE,

still less a (supposedly trained) COP "accidentally" fire a revolver?

And what cop doesn't know what "packing" means?

Sounds like another front-window appointment to the force. Put this quota queen in with the Philadelphia cop who fired her Glock in a classroom full of 4th-Graders and the Denver (?) cop who darn near shot her partner and/or the suspect he was securing and THEN couldn't even holster her gun. :barf:
 
For one she couldn't keep up with a panhandler he wasn't an olympic runner second she drops her weapon then doesn't know how to pick it up safely. She'll probably end up police chief.:D
 
rapier144 said:
second, she drops her weapon then doesn't know how to pick it up safely.


Is she French?

SOS.jpg
 
At this point the investigation is ongoing and there is conflicting evidence so I'll reserve judgement on her potential "criminal" involvement.

However, I only have one burning question - why did she draw her weapon in the first place?

They were accosted by a panhandler - no sufficient to need deadly force.

There were 2 of them and one guy outside a public restaurant/bar to which they could have retreated - again insufficient for deadly force.

Either the panhandler struck the officer companion first or after the officer drew is STILL insufficient for deadly force (Either the officer couldn't have been in fear for her own life or she brandished her weapon).

The panhandler running away is insufficient reason to need deadly force.

So, again, why did she draw her weapon?
 
YEP, Some animals ARE more equal

UPDATE:


Police chief cuts penalty for officer in firing of weapon

By Steve Miletich
Seattle Times staff reporter

A Seattle police officer who said she accidentally fired her gun on Capitol Hill during an off-duty confrontation with a panhandler has received a reduced penalty, even though the panhandler told investigators the officer twice yelled, "I'm going to kill you."

Police Chief Gil Kerlikowske agreed with the officer, Penelope Fulmer, that her discharge of her personal handgun during the March 17 incident was accidental. He had originally planned to suspend Fulmer for 30 days without pay but reduced that to 15 days after meeting with her.

Kerlikowske, already under scrutiny for reversing disciplinary recommendations, rejected the conclusion of a top commander in internal affairs, who believed that Fulmer deliberately fired her gun.

Kerlikowske was unavailable yesterday. Fulmer has not responded to requests for comment.

Fulmer, 35, flagged down officers during the early-morning incident but didn't tell them she was armed or had fired her gun, even when they asked if she was "packing," a slang term for carrying a gun.

Shortly after, the 14-year veteran asked a sergeant if there were surveillance cameras in the area, according to department memorandums obtained by The Seattle Times on Friday under a public-disclosure request.

After she got home, Fulmer contacted a police union representative and then reported to a lieutenant that she had accidentally fired her gun.

Fulmer told investigators she dropped her .38-caliber revolver and accidentally fired it once while picking it up as she chased the panhandler about 1:15 a.m. She said the panhandler had struck her companion, an off-duty Snohomish County sheriff's deputy, with a glass juice bottle while aggressively seeking money from them and making derogatory remarks about two women being together.

The panhandler, who was arrested, told police both women had lunged at him before he swung the bottle in self-defense. No charges were brought against him.

The department's captain of internal affairs, Neil Low, doubted Fulmer's account after reviewing the case.

"The preponderance of evidence tends to support that she shot at him and did not have an accidental discharge," Low wrote in an Oct. 25 memo.

"Fulmer not only cannot explain how such an accidental discharge would have taken place, in theory," Low wrote. "She accepts no responsibility for her actions."


When officers asked Fulmer that night if she was carrying a gun, Low wrote, the officer held up her hands and opened her jacket as though she were unarmed. "Her response and actions are clearly deceptive and destroy her credibility," he wrote.

One officer had heard a gunshot, Low wrote. But Fulmer still did not acknowledge she was armed even when an officer expressed concern that there might be a gunshot-wound victim or property damage in the area.


Although there were no witnesses, Low noted that the panhandler had offered a credible story, insisting Fulmer yelled "I'm going to kill you" before and after the shot was fired.

Fulmer acknowledged only that she called the panhandler a "coward," Low wrote. Overall, Low wrote, the panhandler's version of events was "more credible, and that is troubling."

Fulmer's actions caused the panhandler to "suffer an assault on the street, followed by his wrongful arrest and booking into jail," Low wrote.

Sam Pailca, the department's civilian director of internal investigations, said in a memo that the evidence was inconclusive about whether the shooting was accidental. But, Pailca wrote, the "evidence is persuasive that Fulmer lied to cover up the discharge of the weapon" and disclosed it only when it became clear investigators would learn of it anyway.

Deputy Chief Clark Kimerer called Low's and Pailca's observations "interpretations" subject to disagreement.

The deputy chief said Fulmer expressed deep contrition when she met with the chief to give her side. Her sergeant, who appeared with her, stated she had been a "stellar performer," Kimerer said.

Fulmer also stated she was emotionally distraught the night of the incident because her companion had been attacked, Kimerer said.

Chief's findings

Kerlikowske, who has final say on discipline, found that although Fulmer initially denied firing a shot or being armed, she ultimately reported firing her gun.

"Your acceptance of responsibility for your conduct and your excellent work record have been taken into consideration in arriving at this disciplinary decision," the chief wrote to Fulmer.

Kerlikowske found Fulmer guilty of engaging in conduct unbecoming an officer and violating department rules on reporting the discharge of firearms. He also found she had used a gun for which she had not received department training.

Kerlikowske originally told Fulmer he planned to suspend her for 30 days, the most severe discipline short of firing, but he changed the penalty to 15 days after meeting with her.

At least one commander recommended Fulmer be fired, according to a high-ranking official in the department, who spoke on condition of anonymity because disciplinary deliberations are confidential.

Prosecutors reviewed the case but determined there wasn't enough evidence to press criminal charges.

The case was then referred to the police department for internal review.

A civilian review board has taken notice of Kerlikowske's record of reversing or reducing disciplinary recommendations. The three-member board is reviewing reversed cases. A Seattle Times analysis found Kerlikowske had reversed about one of every four findings by the department's Office of Professional Accountability between January 2002 and July of this year.
http://seattletimes.nwsource.com/cgi-bin/PrintStory.pl?document_id=2002688647&zsection_id=2002111777&slug=copshoot17m&date=20051217
 
Speaking of incompetent...

"A civilian review board has taken notice of Kerlikowske's record of reversing or reducing disciplinary recommendations. "

Isn't this the SAME chief who had his Glock stolen after he left it in his car while shopping with his wife? :rolleyes:

No wonder he lets other buffoons in blue slide.......
 
I wasn't there, and can't really picture in my mind what happened based on one article. I definitely think something was done wrong on her part, but will lean toward leniency since so many review boards think the same. Though they aren't perfect either.:cool:
 
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