Investigation underway after mock tombstone of Black man killed by SPD officer seen in East Precinct

Seattle - Seattle Police say an internal investigation is underway after problematic items, including a fake tombstone, were seen on display in a small room in the East Precinct. 

The mock tombstone had the name Damarius Butts written on it. He was a young Black man who was killed by Seattle Police in April 2017. The tombstone, along with a large Trump flag, was spotted on an officer's body cam video in the precinct, while that video was being reviewed in a different case. 

FOX 13 spoke to representatives from the American Civil Liberties Union (ACLU) and the Community Police Commission for more on the scrutiny that the police department is now under following the discovery, which is pictured below. 

His family is outraged after learning that the tombstone was being kept in what police say was a bicycle repair room at the precinct. The Community Police Commission says they will be looking for answers from the chief of police when they meet with the chief next week during a commission meeting. 

"Based on the video and still images, it certainly appears as though it was intentionally displayed," said Joel Merkel, Co-Chair of the Seattle Community Police Commission. "What it appears to show is a display of a mock tombstone, for an individual, a young Black male who was killed in a police shooting. Regardless of the circumstances, that’s grossly inappropriate." 

Damarius Butts died in April 2017, he was shot to death after an armed robbery of a 7-Eleven. Butts shot two officers: one in the chest and the other in the face. Both survived. Seattle Police were cleared of wrongdoing in several investigations. 

The body cam video of the precinct tombstone is dated 2021. It's sitting near what looks like a microwave and a refrigerator. 

"The fact that it was apparently displayed in a room where officers congregate is very concerning," said Merkel. 

The newly discovered body camera video is reopening wounds for those impacted by what happened, especially Butts' mother. 

"She is heartbroken. You know, it is deeply fitting that I don't even have the words to explain how difficult it was to, one, tell her that this was what SPD was doing, and then also to deal with that, you know, her rightful reaction of anger and pain and loss and dismay," said La Rond Baker, Legal Director for the ACLU of Washington. 

Not only is Baker the legal director for the ACLU, but she also previously served as a special counsel for Affirmative Litigation and Policy at the King County Department of Public Defense. She represented Butts' family in the inquest process, including litigating issues of accountability. 

"The idea that SPD officers individual officers would feel comfortable bringing such imagery into the East Precinct willing to make fun and light of the killing of a young Black man is incredibly disturbing," said Baker. 

So far it's unclear where the tombstone came from, although Baker and Merkel say it looks like something that may have been created for or picked up following a past Black Lives Matter protest. They say it was common for protestors at those demonstrations to display fake grave markers to remember those who were killed by police.  

FOX 13 reached out to the department, Lieutenant John O’Neil, SPD Public Affairs Lieutenant, sent this statement;

"While we do not know the origin or intent behind items observed in the East Precinct Bicycle Repair Room, there is no question that they are inappropriate and have no place in a City facility. We understand that OPA is investigating, and we pledge our full support to ensure OPA has all it needs for a thorough and complete record. We are reviewing our policies and procedures with respect to the maintenance and use of our facilities and will engage with OPA, OIG, and the CPC to ensure our policies are clear. Commanders are also instructed to conduct thorough inspections of our precincts and office space to ensure that any décor is appropriate under City standards and aligns with our core values and mission of public service."

2020-2021 was a pivotal moment in the history and social science of policing, not just in Seattle, but across most of the western hemisphere. Much has changed in two and a half years since this footage was recorded, including a renewed commitment to relational policing and proactive engagement across all of Seattle’s diverse communities, but we know that it takes time to build trust, that trust is fragile, and that incidents like this are entirely self-inflicted wounds that set us back in those efforts and undermine the dedicated work of our members to promote the safety and wellbeing of our city."  

"This is less than two months after Seattle Police Department and the city asked to come out from under the consent decree, and this is information that seems like it should have come out sooner," said Merkel. 

Merkel says commissioners will be looking into whether policy changes need to be made. 

"I’m interested in asking about the culture that allowed something like this to happen," said Merkel. "I’m interested in the policies and expectations that he has of his officers and command staff. When they see something like this, what they are expected to do? If such a display is put up, what kind of accountability provisions are in place? I’m also interested in learning whether the policies are strong enough, and whether they need to be improved because that’s one of the roles the CPC plays." 

Merkel says Chief Diaz has committed to meeting with the CPC to answer questions about the video during next Wednesday's meeting.