http://seattlepi.nwsource.com/local/101902_herzog28.shtml
By HECTOR CASTRO
SEATTLE POST-INTELLIGENCER REPORTER
State officials have cited the King County Sheriff's Office for allowing slain Deputy Rich Herzog to use a holster not intended for the type of gun he carried, but Sheriff Dave Reichert said he plans to appeal the fine.
The state Department of Labor and Industries has proposed fining the sheriff's office $3,000 for what is labeled a "serious" violation, one that could result in injury or death.
But in a statement released yesterday, Reichert said Herzog was killed "by the criminal act of another" and was not the victim of some industrial accident.
"I take the safety of my employees seriously, and I will contest the citation through the appeal process," he said.
The citation says Herzog was "exposed to the hazard of having his handgun accidentally or intentionally removed from his holster during a suspect altercation, which potentially could result in serious permanent disabilities or death."
That is allegedly what happened June 22 when Herzog responded to reports of a naked man running through traffic in Newcastle. After a brief struggle, the man allegedly took Herzog's handgun and shot him to death.
Ronald Keith Matthews, 44, was charged with first-degree murder and awaits trial.
Sheriff's officials have said it isn't clear whether Herzog's .40-caliber Glock 22 fell from his holster or was removed by Herzog.
The state's citation does not address what happened during the shooting, instead focusing on the fact that the use of the holster was itself a danger.
Although the sheriff's office has policies regarding the use of non-department-issued equipment, Labor and Industries officials said they were not followed in this case.
"They, in essence, could not show us that they had followed their own policies and procedures," department spokesman Steve Pierce said.
The sheriff's office said yesterday that the investigation was flawed and the conclusion drawn by state investigators is not supported by the evidence.
Herzog was using an Uncle Mikes brand holster that the state said was intended for a 9 mm Beretta.
But Deputy Steve Eggert, president of the King County Police Officers Guild, said the holster was approved for use and is virtually indistinguishable from the holster meant for the Glock.
"This wasn't an accident," Eggert said. "This was a homicide."
Rather than fine the department, Eggert said, he would rather the state had issued a new standard requiring all officers to use the more secure holsters, level-three holsters.
"If L&I wanted to make a statement, it seems to me they could have mandated the carrying of level-three holsters," he said.
The type of holster Herzog used has a level-two security rating, Eggert said, and is not as secure as the level-three holsters used by about half the 630 county deputies. The more secure holster has two straps to hold the pistol, which must be removed at a specific angle.
They're trickier to get used to, Eggert said, but the gun is far more secure in one.
"We've had instances where officers have been picked up off their feet by people trying to pull their gun out of the holster but the gun wouldn't come out," he said.
Although Labor and Industries frequently investigates state agencies and issues citations to them, such action in the death of a law enforcement officer is rare. The Ocean Shores Police Department was issued a citation after an officer on the department's dive team drowned while on a rescue in 1998.
"This is not a common kind of citation," Pierce said.
The state also cited the sheriff's office for a "general" violation because the department was not requiring annual training on the dangers of blood-borne pathogens.
Eggert said there were initially four citations against the department, but two were dropped after further state investigation.
The sheriff's office has 15 days to appeal the citation, Pierce said.
That will prompt a meeting between sheriff's officials and Labor and Industries as a first step, although appeals can be heard all the way to the Superior Court level, he said.
P-I reporter Hector Castro can be reached at 206-448-8126 or [email protected]
By HECTOR CASTRO
SEATTLE POST-INTELLIGENCER REPORTER
State officials have cited the King County Sheriff's Office for allowing slain Deputy Rich Herzog to use a holster not intended for the type of gun he carried, but Sheriff Dave Reichert said he plans to appeal the fine.
The state Department of Labor and Industries has proposed fining the sheriff's office $3,000 for what is labeled a "serious" violation, one that could result in injury or death.
But in a statement released yesterday, Reichert said Herzog was killed "by the criminal act of another" and was not the victim of some industrial accident.
"I take the safety of my employees seriously, and I will contest the citation through the appeal process," he said.
The citation says Herzog was "exposed to the hazard of having his handgun accidentally or intentionally removed from his holster during a suspect altercation, which potentially could result in serious permanent disabilities or death."
That is allegedly what happened June 22 when Herzog responded to reports of a naked man running through traffic in Newcastle. After a brief struggle, the man allegedly took Herzog's handgun and shot him to death.
Ronald Keith Matthews, 44, was charged with first-degree murder and awaits trial.
Sheriff's officials have said it isn't clear whether Herzog's .40-caliber Glock 22 fell from his holster or was removed by Herzog.
The state's citation does not address what happened during the shooting, instead focusing on the fact that the use of the holster was itself a danger.
Although the sheriff's office has policies regarding the use of non-department-issued equipment, Labor and Industries officials said they were not followed in this case.
"They, in essence, could not show us that they had followed their own policies and procedures," department spokesman Steve Pierce said.
The sheriff's office said yesterday that the investigation was flawed and the conclusion drawn by state investigators is not supported by the evidence.
Herzog was using an Uncle Mikes brand holster that the state said was intended for a 9 mm Beretta.
But Deputy Steve Eggert, president of the King County Police Officers Guild, said the holster was approved for use and is virtually indistinguishable from the holster meant for the Glock.
"This wasn't an accident," Eggert said. "This was a homicide."
Rather than fine the department, Eggert said, he would rather the state had issued a new standard requiring all officers to use the more secure holsters, level-three holsters.
"If L&I wanted to make a statement, it seems to me they could have mandated the carrying of level-three holsters," he said.
The type of holster Herzog used has a level-two security rating, Eggert said, and is not as secure as the level-three holsters used by about half the 630 county deputies. The more secure holster has two straps to hold the pistol, which must be removed at a specific angle.
They're trickier to get used to, Eggert said, but the gun is far more secure in one.
"We've had instances where officers have been picked up off their feet by people trying to pull their gun out of the holster but the gun wouldn't come out," he said.
Although Labor and Industries frequently investigates state agencies and issues citations to them, such action in the death of a law enforcement officer is rare. The Ocean Shores Police Department was issued a citation after an officer on the department's dive team drowned while on a rescue in 1998.
"This is not a common kind of citation," Pierce said.
The state also cited the sheriff's office for a "general" violation because the department was not requiring annual training on the dangers of blood-borne pathogens.
Eggert said there were initially four citations against the department, but two were dropped after further state investigation.
The sheriff's office has 15 days to appeal the citation, Pierce said.
That will prompt a meeting between sheriff's officials and Labor and Industries as a first step, although appeals can be heard all the way to the Superior Court level, he said.
P-I reporter Hector Castro can be reached at 206-448-8126 or [email protected]
