Standing Watch

Seattle, WA: The jury in the criminal prosecution of former Deputy Sheriff Paul Schene was unable to reach a verdict on charges stemming from the former deputy’s assault on a 15 year old Malika Calhoun.  The jury had deliberated only two days.

The alleged assault took place November 29, 2008 at 4:39 am, according to the date and time on the video.  The video shows Calhoun being placed in the cell, the door partially closed, and Calhoun kicking off one shoe and beginning to remove the other with the unshod foot (the way many do).  Schene alleges Calhoun kicked the soft-sole tennis shoe at him with sufficient force to strike him in the leg and injure him, and that what followed was intended to prevent Calhoun from further injuring him with the other shoe via the same method.

What the video shows, however, is Schene rushing into the cell, kicking the teenage girl, spinning her around, slamming her into a wall, then slamming her face down into the floor, and punching her with full force twice in the back of the head, while Calhoun showed no signs of resisting.

Schene claims what he did was within department policy guidelines.  However, Schene was fired from the Kings County Sheriff’s Department last September over multiple policy violations, including his actions in the video.  On the stand as witness in his own defense, Schene claimed that how he responded was exactly what he was trained to do while in the academy.

Calhoun and others alleged that Schene had used racial slurs when addressing her, and had also accused her of being a prostitute.  Calhoun was originally arrested in relation to an auto theft investigation, along with a friend.  The District Attorney’s office declined to file hate crime charges, saying there was insufficient evidence such motivation existed.

Schene was charged with fourth-degree assault in connection with the  incident in a holding cell at SeaTac City Hall. Schene pleaded not guilty to the charge.  The department violations which resulted in Schene’s termination included making false statements, conduct that is criminal in nature, excessive or unnecessary force and discrimination in civility or bigotry, among others, according to Sheriff’s Spokesperson John Urquhart.

Schene was investigated previously for shooting two people – killing one – in the line of duty in 2002 and 2006. Both times his actions were found to be justified.

Urquhart said the state will also review whether Schene should be barred from working as a law enforcement officer elsewhere in the state.