BLM Alliance meets with FBI on Sheriff Troyer; files new complaint with DOJ
May 21, 2021
SEATTLE—This week, the Washington Black Lives Matter Alliance met with the FBI’s Seattle field office in response to the Alliance’s complaint filed in April about Pierce County Sheriff Ed Troyer. That complaint alleged Troyer engaged in several civil rights violations during a Jan. 27 confrontation with newspaper deliverer Sedrick Altheimer.
Today, the Alliance also filed a new civil rights complaint with the Department of Justice. That complaint says Sheriff Troyer violated Mr. Altheimer’s Fourth Amendment protection against unreasonable search and seizure.
The full text of the new complaint follows this release.
Washington Attorney General Bob Ferguson recently opened a criminal investigation into the Jan. 27 incident. The Alliance said today they expect an FBI probe would follow that.
Based on media reports and other information, the Alliance believes the incident with Mr. Altheimer was not an isolated transgression by Sheriff Troyer.
The organization today asked members of the public who have had racist or illegal interactions with Sheriff Troyer to contact the Alliance at contact@blmalliancewa.org.
Complaint Filed with Department of Justice
May 21, 2021
The Washington Black Lives Matter Alliance calls on the Department of Justice to immediately open an investigation into Ed Troyer, current elected Sheriff of Pierce County, Washington, to include but not be limited to Mr. Troyer’s actions on or about January 27, 2021, wherein Mr. Troyer engaged in multiple violations of Title 18, U.S.C., Section 242, resulting in a violation of the civil and human rights of a private, peaceful citizen engaged in lawful acts, including but not limited to the deprivation of rights guaranteed under the Fourth Amendment.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States as Mr. Troyer is alleged to have done.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties...It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. - DOJ
This includes acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way, as Mr. Troyer is alleged to have done so.
Mr. Troyer’s unlawful actions resulted in deprivation of the civil and human rights of a private, peaceful citizen engaged in lawful acts, including but not limited to the deprivation of rights guaranteed under the Fourth Amendment.
Violation 1 Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.” —FBI
The call to 911 placed by Mr. Troyer resulting in the detention of a private citizen constitutes the use of excessive force by Mr. Troyer, because the statements he made to 911 were either false, misleading, or vague:
“[A] South Sound 911 dispatcher told the Tacoma officer who wrote the police report that the massive response was made ‘inappropriately’ due to the sheriff’s vague description of the alleged threats against him…. ‘And that’s kind of a common practice with him — of not getting information out of him,’ the dispatcher said.” [source]
When police arrived, the individual was seated in his car in the middle of the street, facing Mr. Troyer, who was in his personal, unmarked vehicle about 50 feet away according to the police report. At an officer’s command, the individual got out of his car and was frisked for weapons while he explained he was a newspaper carrier and said he gave police permission to search his car. The back seat of his car was filled with newspapers, which was also noted in the police report.
The above publicly reported statement should be considered with other public reports which suggest a pattern of behavior by Mr. Troyer. [source]
Violation 2 False arrest and obstruction of justice: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur. —FBI
Based on public reporting, law enforcement records and other information, Mr. Troyer weaponized his standing as a law enforcement official in order to cause multiple law enforcement jurisdictions to respond with priority designation to a false 911 call made by Mr. Troyer, alleging threats against his life.
Mr. Troyer obstructed justice by:
Providing vague, false or misleading information to law enforcement including but not limited to:
False statements of being the victim of or witness to a crime;
Fabricating evidence; and
Causing unreasonable seizure.
Further, Mr. Troyer’s actions amount to false arrest because, as a result of his false claims, a private citizen was subject to unreasonable seizure.
Violation 3 Fabrication of evidence or false arrest of an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process. —FBI
Based on public reporting, law enforcement records and other information, Mr. Troyer fabricated evidence when he made false statements to 911 and others resulting in the unreasonable detention or arrest of a private citizen. The statements of Mr. Troyer amount to evidence, as does the recorded 911 call in which he makes these claims; such evidence likely could or would have been used to prosecute the individual victim in the case, had he faced criminal charges.
Further, Mr. Troyer’s actions amount to false arrest because, as a result of his false claims, a private citizen was subject to unreasonable seizure.
Violation 4 Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute. —FBI
Based on public reporting, law enforcement records and other information, Mr. Troyer jeopardized the safety, health, wellbeing and very life of the victim by weaponizing his standing as a law enforcement official in order to cause multiple law enforcement jurisdictions to respond to a call where they were led to believe the Sheriff was in danger.
Mr. Troyer's call sparked an urgent countywide alert that was dispatched “at the highest priority.” As a result, more than 40 officers from multiple agencies from across the South Sound rushed to the scene, including sheriff’s deputies and state troopers.
This incident happened in the midst of a very public reckoning of law enforcement use of excessive and deadly force against Black people in America, and in Pierce County. Though Mr. Troyer now claims he had no idea the race of the individual, public reporting, law enforcement records and other information about the incident suggest that is not possible.
It is well known that people make false reports to 911 against Black people, resulting in harm. It is also well known that law enforcement, at a disproportionate rate, use excessive or deadly force against Black people. The individual who was unlawfully targeted by Mr. Troyer is lucky to be alive.
When a member of law enforcement calls 911 and claims his life is under threat or in danger, whether on duty or not, that officer knows they will get a rapid, aggressive response. When that person is the Sheriff, such a response is essentially mandatory, and those who are responding are prepared to use all manner of force to protect another member of law enforcement.
By making a false report of potentially imminent bodily harm, following the victim in an unmarked car, and causing a police response of more than 40 officers from multiple agencies, Mr. Troyer failed to keep from harm the individual he targeted.