Another Spokane police officer may soon lose his shield as a result of making false or misleading statement during the Otto Zehm death investigation.
The City of Spokane has charged that Spokane Police Officer Tim Moses with making a false or misleading statement in conjunction with that case.
The charge was filed by Brian O'Brien, acting as a provisional assistant city prosecutor for City Attorney Nancy Isserlis, on April 19. The charge claims that Moses made a misleading statement in that, after providing testimony to a federal grand jury in 2009, Moses later recanted his testimony the following year during an interview with FBI agents.
Several times, during the grand jury and during previous interviews with investigators, Moses asserted Thompson had told him Zehm had lunged at him during the incident.
However after he delivered sworn testified before the grand jury, Moses met with FBI agents in April 2010 and changed his testimony, saying that contrary to how he testified previously Thompson had never used the word lunge to describe Zehm's actions the night of the confrontation.
Moses also claimed he no longer recalled speaking to AMR personnel the night of the incident relating to baton strikes to Zehm's head, neck and shoulders, which was contrary to his grand jury testimony as well as contrary to surveillance video which clearly showed Moses talking with AMR personnel.
Moses added he also no longer recalled having a "current recollection" of Thompson have told Moses that he had struck Zehm in the head with his police baton.
The charge of making a false or misleading statement to a public servant, a gross misdemeanor, was filed on the grounds that Moses made statements to FBI agents in April 2010 that contradicted his sworn grand jury testimony made the year prior.
Moses is expected to plead guilty to the charge and, because this is his first offense, is not expected to face jail time. However, he'll mostly likely turn in his shield because if you're convicted of or plead guilty to obstructing justice you're really no longer in a position to enforce it.