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News / Northwest

Cowlitz County Corrections officer used too much force during fight with inmate, according to report

By Matt Esnayra, The Daily News
Published: June 13, 2024, 8:19am

LONGVIEW — A former Cowlitz County Corrections Department officer’s certification has been revoked after a state panel found he violated use-of-force policies by striking an inmate who was partially cuffed to a wall in 2022.

Tracy Bottemiller’s certification was withdrawn after an investigation by the Longview Police Department; an internal disciplinary review by the director of the Cowlitz County Corrections Department; and another investigation by the Criminal Justice Training Commission, which trains police and corrections officers throughout the state.

The investigators concluded Bottemiller, who was a sergeant at the time, had the time and distance to avoid making contact with the partially detained inmate, who was known to have mental health issues.

Bottemiller, 61, told the commission his actions were warranted because the inmate disobeyed orders and was a threat to property. He also criticized the county corrections department for understaffing, specifically a lack of defense tactic instructors.

The city decided not to pursue charges, but Bottemiller’s certification was revoked Feb. 12, according to the commission’s findings.

However Bottenmiller had retired almost a year earlier. Cowlitz County Corrections Director Marin Fox told The Daily News that Bottemiller retired April 30, 2023. He had been a county corrections officer since 2007.

What happened?

The commission found Bottemiller escalated an interaction with an inmate — known to suffer from schizophrenia and suicidal ideation — June 8, 2022, while the inmate was handcuffed to a wall.

After the inmate flipped two chairs, Bottemiller reportedly moved them out of reach.

The inmate told police that Bottemiller told him to stop “acting like a stupid idiot.”

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The inmate started puffing up his chest and stepped toward Bottemiller, causing him to flinch, the report states. The inmate threw a punch but couldn’t reach Bottemiller.

Bottemiller reportedly tried to grab the inmate and a struggle ensued, with the inmate hitting the officer.

Bottemiller restrained the inmate’s free hand and then punched his head and neck about six times until the inmate stopped resisting, the report states.

After briefly talking, Bottemiller released the inmate’s uncuffed arm and punched him in the face, dropping the inmate to his knees.

Other corrections officers then helped place the inmate, who they described as having bruising from his right temple to his neck, into a cell. Bottemiller had bruising and redness under his left eye.

A different corrections officer later told Fox she didn’t understand why Bottemiller didn’t stay out of reach of the inmate, who was partially detained. Several officers said they regretted not intervening.

Bottemiller also later reportedly told Fox he went “ballistic” during the altercation. But, during his Criminal Justice Training Commission review, Bottemiller said he was referring to his own “expertise in ammunition reloading” and accuracy, not about losing his cool.

Investigations

Longview police investigated the altercation for possible criminal charges, but determined Bottemiller’s initial punches were in self-defense, while the final punch, after the inmate was knocked down, was “less clearly justified,” a report states.

Following the police investigation, Fox launched an internal disciplinary review to determine whether Bottemiller violated county corrections department policy.

The review included an interview with Bottemiller, who said the last punch to the inmate’s head was essential because “it ended the situation,” and he felt he wouldn’t do anything differently.

However, Fox concluded the force was excessive. As a result, she suspended Bottemiller without pay for five days and notified the Criminal Justice Training Commission about his conduct.

The commission also found the force was excessive, and that Bottemiller didn’t use skills he learned in an almost-annual crisis and suicide prevention training.

The report states Bottemiller never apologized or acknowledged that his actions were not in self-defense at any time, even though he conceded that he could have handled the situation differently.

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