A Pierce County Sheriff’s Department policy says it is “generally discouraged” for personnel to intervene in minor crimes while off-duty.
The policy recommends that instead deputies report possible criminal activity to the appropriate law enforcement agency.
It has not been determined whether Sheriff Ed Troyer violated the policy in January during a confrontation with a Black newspaper carrier near his West End Tacoma home. That is something that might be determined by an investigator hired by the County Council on a fact-finding mission.
Troyer says he did not violate the department’s policy because he wasn’t acting as an officer of the law.
“I wasn’t doing law enforcement action. I was simply watching out for my neighborhood,” Troyer told The News Tribune.
Troyer has come under fire over a Jan. 27 run-in with Sedrick Altheimer, who was delivering newspapers on his regular route when Troyer noticed his car driving up and down neighboring driveways about 2:15 a.m.
The sheriff said he was watching television in bed when he saw the headlights and decided to drive down the street in hopes of jotting down a license plate. Altheimer, 24, said he stopped to ask Troyer why he was being followed.
Troyer called 911 dispatchers to report that a man had threatened to kill him and asked that a couple of Tacoma officers be dispatched. Instead, the call prompted an emergency response for an officer in trouble that sent 42 officers, deputies and troopers racing to the scene. Most of them were called off after the first Tacoma officers arrived and did not find signs of danger.
Altheimer denied threatening Troyer. A police report says Troyer told officers he was never threatened. Troyer says the officer misunderstood him and what he said is he didn’t want to do anything about the threat to “take me out.”
There is no police body camera footage of Troyer’s conversation with officer Chad Lawless, who wrote the report, because Lawless said he forgot to grab his body camera off the charger in his haste to respond to an officer in trouble call.
The only police footage from the scene shows a visibly frustrated Altheimer questioning why there was such a large police response for a newspaper carrier doing his job, and denying that any threats were made.
“Nobody made no threats. That’s a lie. If I made a threat, I’ll tell you but I didn’t,” Altheimer told officers.
Sheriff’s Department policy
The Sheriff’s Department policy provides guidelines rather than specific instruction on how off-duty deputies should behave.
“The decision to become involved in a law enforcement action when off-duty can place a law enforcement deputy as well as others at great risk and must be done with careful consideration,” according to the policy.
It advises against personnel getting involved with minor crimes like intoxicated drivers or neighborly disputes. Off-duty deputies are allowed to “take reasonable action to minimize the threat” if they witness significant property damage or if there is a serious risk of injury or death, according to the policy.
Although a suspicious car in the neighborhood qualifies as a minor crime, Troyer said he didn’t violate the policy.
He was not wearing a uniform, was driving his personal vehicle and did not carry his badge or gun.
Troyer also said he did not intend to interact with Altheimer.
“I followed the policy by not using my work equipment, clothes or car,” he said. “When (the carrier) confronted me is when I immediately called 911. I did not engage with him, I stayed back and waited for TPD to arrive.”
The department’s policy says off-duty deputies may carry their guns, but they must also carry their badge and identification.
Other departments
Other law enforcement agencies in Pierce County have similar policies regarding their off-duty officers taking action against possible crimes they witness.
Puyallup police have virtually the same policy as the Sheriff’s Department.
Gig Harbor and Lakewood police policies say there is no legal requirement for off-duty officers to take action, and they should evaluate whether getting involved is “necessary and desirable.”
Those policies recommend gathering information instead of intervening and waiting for on-duty uniformed officers to arrive.
“The off-duty officer is encouraged to exercise discretion in taking actions and to weigh the totality of the circumstances before acting,” according to Gig Harbor’s policy. “These circumstances include safety of self and others, availability of on-duty officers, seriousness of the situation, and whether the identification of the subjects involved at a later time is possible.”
Gig Harbor Police Chief Kelly Busey said he could not comment directly on what he would have done in Troyer’s situation because he does not have enough details, but that he generally discourages off-duty officers from getting involved.
“Not fully knowing what the sheriff saw or was seeing at the time, I can’t presume what I would do,” Busey said. “But I always encourage our off-duty personnel to contact on-duty personnel first.”
Mike Zaro, chief of the Lakewood Police Department, said their policy advises officers to use their best judgment and he could not comment directly on Troyer’s run-in with Altheimer.
“There’s going to be an independent investigation that looks into the matter,” Zaro said. “Me adding onto it is piling on or inserting myself into something that is not a Lakewood matter.”
Other departments shared their off-duty policy but declined to speak about the Troyer matter, including the Washington Association of Sheriffs and Police Chiefs.
The County Council last week unanimously approved a motion to hire Brian Moran, the U.S. Attorney for the Western District of Washington from 2019 to 2021, to investigate the incident between Troyer and Altheimer.
The council capped the contract at $50,000. Moran has not yet accepted the contract.
If he does, he would have the power to administer oaths, take testimony and subpoena the production of evidence.
Troyer, who was elected in November after 19 years as the department’s spokesman, said he welcomes the investigation.
