BELLVUE PD PATROL
CAPTAIN JIM C HERSHEY
CAPTAIN JIM C HERSHEY
Involved in Precedent Setting Case:
============================
"Nooo !! Chief Pillo, don't do it!" - Future Citizens
This is the guy that can't tell whats on a video vs. what's written on a paper.
This is what he said about my direct and detailed formal complaint (notice the language -- "clearly" not Truthfully:
This is what he said about my direct and detailed formal complaint (notice the language -- "clearly" not Truthfully:
Yes, you were wrong.. you interviewed NO witnesses and lied yourself.. how do I know?
Here is the section on the Internal Investigation form where you write who you interviewed... where are the names?? Thats right, he didn't DO ANYTHING!
Captain Hershey was hired by Bellevue PD in January of 1978. Captain Hershey spent over 15 years in Traffic, first as an Officer and later as a Lieutenant. As the traffic unit supervisor, his passion for the mission of the Traffic Unit and drive to make the Motorcycle Unit one of the most elite in the region was unmistakable. He trained himself and the motorcycle Officers under his supervision often. He developed some of the region’s best motorcycle instructors, and consistently supported the unit’s active participation in regional motorcycle organizations like the North American Motor Officers Association (NAMOA). In the early years of NAMOA, Bellevue Motorcycle Officers would routinely win several awards at the annual conferences. Jim was instrumental in the development and prestige of the unit. He wrote the first manual specific to the Motorcycle Unit. His attention to detail in planning and coordinating special events operations throughout the city set standards that are still followed to this day. The current officers in the Traffic Division feel his impact on the unit almost every day – Regularly, residents will approach Traffic Officers and ask about “Officer Hershey” to inquire if he is still riding a motorcycle and issuing tickets. Almost every resident of Bellevue of any age seem to have a story from their early driving years in Bellevue involving Jim Hershey.
In 1999, Captain Hershey, along with officers of the Motor Unit, received the Police Medal for exemplary performance while assisting the Seattle Police Department when WTO turned into a major protest and violence occurred. A Seattle Police Sergeant suffered a heart attack and protestors would not allow the Medic Unit to exit the area where the victim was located. The Bellevue motorcycle Officers, led by then Lieutenant Hershey, continued into the crowd, reached the medic unit, and escorted the aid unit back through the resisting crowd of protestors to safety.
In August of 2004, Captain Hershey transferred to the Investigations Division where he supervised the White Collar Crimes Unit and the new Forensic Detective Position. He was instrumental in developing, planning and acquiring the necessary equipment for the success of that position. In March of 2008, Lt. Hershey was assigned to the Persons Crime Unit, which oversees Violent Crimes, Special Assault, Domestic Violence and the Forensic Detective.
Jim was promoted to Captain in February of 2013 and worked in the Patrol Section until being transferred to the personnel services unit as a temporary assignment, serving there for 18 months until his retirement.
------
Bellevue Officer Edward Williams claims CPT. Hershey was used in an attempt to mitigate fall-out from racial slurs used by a white Bellevue PD Supervisor on a department iPhone... Chief Mylett chose to fire Ofc. Williams rather than the racist cop. Result? Lawsuit.
Williams v City of Bellevue / Stephen Mylett
Case 2:16-cv-01034-JPD Filed 07/01/16
If this guy can try to ruin another police officer's career, imagine what he can do to a civilian?
I clearly filed a Formal Complaint of Serious Misconduct, and it was never investigated...The Chief intervened before the OPS even responded per policy... I had to follow-up three times to get dismissed without any investigation... adversarial? You bet.
Click to Expand! Read Extent of "Investigation" by CPT Hershey!
WATCH ADVERSARIAL BELLEVUE POLICE COMPLAINT PROCESS UNFOLD:
JULY 2nd Formal Complaint:http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-formal-complaint-of-serious.html
JULY 8th Follow up to Detective Jensen et al
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-4th-request-to-accept-citizens.html
JULY 8th CPT. Hershey left a Voicemail and wanted me to call him. I emailed asking him to email me.
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-bpd-case-no-redacted-officer.html
--The above message is acknowledged as forwarded to CPT Hershey
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-bpd-case-no-redacted-officer_8.html
JULY 9th No reply from CPT Hershey.
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-bpd-case-no-redacted-officer_9.html
JULY 10th No reply from CPT Hershey
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-bpd-case-no-redacted-captain.html
JULY 12th, Sunday. Response from CPT. Jim C. Hershey, Patrol Captain BPD
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-info-regarding-call.html
JULY 12th Clarifying if CPT Hershey is responding to my complaint, as he addressed no issues I brought up and doesn't have any questions for me. He insists on talking off the record.
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-case-no-redacted-re-info.html
JULY 13th I receive another vague message, as if I requested a status on my own case and not the Misconduct complaint.
"Mr. D,
Officer Wyche is listed as the investigating officer for this incident.The video and your statement were booked as evidence. They are both part of the case file. I have reviewed both of them along with the case file.I also placed a copy of your statement in the file so it is in the case file as well as the evidence locker. The video can only be retained in the evidence locker, however, it can be retrieved for viewing. As you know the case was sent to the COB Prosecutor’s Office for review. After their review is finished they will contact the appropriate parties.
Captain JC Hershey
Bellevue Police"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-case-no-redacted-re-info.html
JULY 13th I respond:
"Captain Hershey,
You are the first person to inform me that the case was actually sent to the COB prosecutors office.
I was told May 19th by Officer Peacey that the case would be referred to "the prosecutor's" office without charging documents.
When I called Jeff Tory, City Attorney, on June 9th 2015 he had not heard of the case and had put a request in for more information.No one has contacted me before or since from their office or yours about more information regarding this case.
The case was reviewed, with my written statement and video present for review, but was the obviously incorrect recommendation made to the prosecutor revised in any way?
When was the case initially sent to the COB prosecutor's office? Was it after June 9th?
When may I expect to be contacted regarding the status of my formal complaint or with whom do I inquire regarding the status of my formal complaint to the Office of Professional Standards regarding the serious misconduct of Officer's Peacey and Wyche?
Thank you for your prompt attention to this matter.
Sincerely,
CD"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-case-no-redacted-re-info_13.html
JULY 13th CPT Hershey Replies:
"Mr. D,
you have seen the report and know that the case was sent to the PA’s Office with a request to charge you with disorderly and harassment.When I viewed the video and read your statement, I see why the officers made that request.
When you saw the traffic violation and heard the loud music you should have called the police and not ran out to confront your neighbor. Let us talk with your neighbor.In my mind, it appears that you were the primary aggressor, so I clearly understand why the officers did what they did.
Today, I spoke with Assistant Prosecutor Torrey. I do not have all the dates, but when the case was sent back to the officer for more info the Prosecutor’s wanted the officer to contact the other party to see if they wanted to pursue charges.
I believe they said no, so nothing is going to happen as a result of this incident. I need to wait for the final review from the PA’s Office to confirm that.You and your neighbor need to work this out by talking with each other with an officer or via the City’s Mediation Program.
Please call me, so we can talk.
Captain Jim Hershey 425-452-4594"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-case-no-redacted-re-info_10.html
JULY 13th I reply
"July 13th 2015
To:Captain Hershey
cc:SMylett@bellevuewa.gov <SMylett@bellevuewa.gov>; CBalducci@bellevuewa.gov <CBalducci@bellevuewa.gov>; bellevuepd@bellevuewa.gov <bellevuepd@bellevuewa.gov>; Seattle.fbi@ic.fbi.gov <Seattle.fbi@ic.fbi.gov>
RE: Felony assault by strangulation BPD case no. REDACTED
Captain Hershey,
No. You are 100% incorrect and even you even begin with the same narrative about me "running" up the street Officer Peacey wants to put forth through Officer Wyche. The false reporting only continues from there.
Why did Officer Peacey threaten to arrest me for breaking the 2-party consent law (her reason for not reviewing the video and encouraging other officers at the scene not to view it)? You are saying the video is evidence.
Clearly then, Officer Peacey made a serious error - one that has allowed this attempted malicious prosecution.
Why is the video described incorrectly when any person can see the report does not match the video?
If I was clearly in the wrong, why does the assailant not want to pursue the case? I can tell you why -- because they are caught in a lie and trying to find a way out, since May 19th.
Your office is facilitating this by not even doing the most basic due diligence in investigating.
The suspects are limiting their liability, might I add far better than your department is doing.
My right to due process is being violated, and this unequal protection under the law is not going to be accepted.
Your Officers accused me of a crime that could ruin my education, as I am pursuing a certification program that requires background checks.
You can blame me all you want, but I didn't break the law here, and I will be exonerated completely.Your department has treated me like a criminal from the first moment of interaction.
I hope you realize the extent of the damage your department's dishonesty is doing, and that by continuing to support a false narrative you are now actively participating in the pattern of misconduct.
Please add this e-mail chain to my formal complaint of serious misconduct Detective Jensen sent to the Office of Professional Standards earlier this month, and respond that you have done so.
Thank you for your time.
Sincerely,
CD"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-false-report-addendum-to-formal.html
JULY 14th No reply from CPT Hershey. I never hear from him again. He NEVER answered any of the questions I had or addressed any of the basic questions you would imagine an formal complaint investigator would ask. He was the OPS liaison and refused to confirm this!
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-urgent-request-for-third-party.html
JULY 15th Still NO reply from Police Department. I send this message:
"July 15th 2015
To:
Bellevue WA Mayor C. Balducci
Brad Miyake, City Manager
David Grant, PIO
Chief Mylett, Bellevue Police Department
cc:
Captain Hershey
To whom it may concern,
I have had a complaint of serious police misconduct pending review by an "Office of Professional Standards" since July 3rd when it was forwarded by Detective A. Jensen.
I have not been contacted further regarding the complaint.
I have been contacted by a Captain Hershey who says he is reviewing my "case", yet he refuses to provide me contact information for a liason with this Office of Professional Standards.
In fact, he ignores my question completely in several e-mails.
He does not state whether he is with this office.
Please answer the following questions:
1. Who currently comprises the Bellevue Police Department Office of Professional Standards?
2. Where is this information located?
3. According to the policy I found on line, the office is consists of Captain, a Lieutenant, and the PIO. All within the same department, with no citizen oversight or outside legal opinions. The City Manager is supposedly their liason. Is this correct?
4. Please confirm, is Captain Hershey currently part of the BPD Office of Professional Standards?
5. Who handles complaints, when the complaint involves a member of the Office of Professional Standards?
I also am requesting, for a third time, the name of a liason to communicate regarding my formal complaint of serious misconduct, forwarded to the Office of Professional Standards on July 3rd 2015.
Please send me all relevant contact information and, if possible, a status on my complaint or reason why the status cannot be determined.
I cannot be reached by phone.
Sincerely,
CD"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-question-re-bellevue-wa-police.html
JULY 16th No Reply from Police. I send my request above again.
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-2nd-request-re-bellevue-wa-police.html
JULY 16th DET JENSEN replies.
"Mr. D,
After forwarding your complaint to the Office of Professional Standards I have been informed that Captain Hershey is handling your complaint. Please direct all future correspondence to him.
Respectfully,
Detective A. Jensen
Bellevue Police Department Investigations Cell: 425-766-6961 Desk: 425-452-6915"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa_16.html
JULY 16th Bellevue Police Chief Stephen Mylett replies
"Mr. D,
I have been in contact with Captain Hershey and he has informed me he has communicated information to you when requested. Your complaint was received by the Office of Professional Standards and, as per policy, assigned accordingly. Once the investigation is completed you will receive correspondence informing you of the findings. I am monitoring the progress of the investigation and I do not anticipate it will take much longer to determine if any violations of department policy occurred during the incident in question.
The Office of Professional Standards is staffed with a Police Captain and a Police Lieutenant who report directly to the Chief of Police. There is no civilian oversight except that matters related to employee misconduct may include the involvement of the City's legal team.
Your point of contact for this complaint is Captain Hershey. I believe you already possess his contact information. While Captain Hershey is not assigned to the OPS, as per department policy and practice, he will investigate these types of complaints with guidance and oversight from the IA Captain.
If a complaint is received accusing the OPS Captain of misconduct then the complaint will be investigated by the Office of Chief of Police.
I hope I have been able to answer your questions. Should you have further questions please contact Captain Hershey.
Steve Mylett
Chief of Police
Sent from my iPhone"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa_20.html
JULY 16th OFC DEBRA INGRAM replies
"Mr. D,
I work in the Office of Professional Standards. I will your email and respond to your questions Monday, July 20.
Thank you.
Lt. D. Ingram
Office of Professional Standards
Bellevue Police Department
425 452 4552 office
425 452 6016 fax
dingram@bellevuewa.gov"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-fw-2nd-request-re-bellevue-wa.html
JULY 16th The City of Bellevue Mayor Claudia Balducci replies
From: CBalducci@bellevuewa.gov
To: SMylett@bellevuewa.gov ; CD
Cc: bellevuepd@bellevuewa.gov ; BMiyake@bellevuewa.gov JTorrey@bellevuewa.gov ; LRiordan@bellevuewa.gov ; JCHershey@bellevuewa.gov
Sent: Thursday, July 16, 2015 3:45 PM
Subject: Re: 2nd request - RE: Bellevue WA Police Department Office of Professional Standards
Mr. D, I've read all of your messages that were copied ot me and all of the responses. I am monitoring to make sure that both the criminal investigation and the professional standards processes are working as they are supposed to --- and I have been reassured by what I've seen from the Chief and others in the Department and Legal that appropriate reviews are occurring and I await the outcome of those. Seeing as there are procedures for due process in place for the issues you are raising, it would not be appropriate for me to be involved further at this point. Please continue to communicate with the police department via their identified contact for any questions about their activities related to your complains"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa_50.html
JULY 16th I respond
"
To:Honorable C. Balducci, Mayor
cc:SMylett@bellevuewa.gov <SMylett@bellevuewa.gov> jcHershey@bellevuewa.gov; jtorrey@bellevuewa.gov
Mayor Balducci,
I appreciate your response! The unfortunate thing is, the Bellevue Police investigate themselves.
Captain Hershey, despite claiming to have review evidence, is going to be very embarrassed when he realizes how wrong he is. To say the least, I am very disappointed in this process.
Captain Hershey refuses to respond, or only responds partially. In fact, he claims he knows I am the guilty party despite all evidence to the contrary.[EDITORS NOTE] This sounds awfully similar to OFC FOGG's astonishment at the lack of basic investigation techniques by a senior officer. Now we see the similarity in the cases; Jim Hershey was asked to investigate a case that involved fellow officers with seniority. He rewards this with a blind eye to their misconduct. This was alleged before and the culture explained in detail by OFC FOGG REDMOND PD during FS-13-003
This is as crazy as it sounds. I feel like I'm in the twilight zone.
I have been very articulate in my concerns, and every keeps saying I should move along. I have no recourse but to continue contacting anyone who may listen.
This complaint process needs civilian oversight.At your request I will no longer contact you directly about this matter.Thank you for your time,
Sincerely,
CD"
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa.html
JULY 16th I respond to all
"To: Bellevue Police Department Office of the Chief, Steve Mylett
Honorable Mayor C. Balducci
Bellevue City Manager Miyake
Bellevue City Attorney Jeff Torrey
cc:Lt. Ingram DIngram@bellevuewa.gov
Detective Jensen bellevuepd@bellevuwa.gov
Senior Prosecutor Hung jimmy.hung@kingcounty.gov
RE: BPD case REDACTED Felony Assault by Strangulation
Thank you, Chief Mylett and Mayor Balducci, for your candid responses.
I also heard back from Lt. Ingram, who is very professional and responds with a time frame. I have found your responses to be complete and have no further requests for the previously requested information.You may now, however, consider my formal complaint of serious misconduct to include Captain Hershey.
I will not be speaking to this Captain nor do I want him to contact me.He is not part of the OPS and has no business with me any longer.To wit, Captain Hershey supports blatant false reporting despite having claimed to review the evidence.He has chosen to ignore my questions and only partially answer them.I want his conduct investigated, along with Officers Wyche, Peacey, Lt. McElyea, and anyone else tainting this process.I would like to meet with the City Prosecutor and the Chief of Police to discuss this case in its entirety. Please respond with contact information or an avenue for making appointments of this nature. I am available to physically appear any time, except 2:00pm through 5pm on Tuesday and Thursday, when I am at REDACTED taking introductory phlebotomy.
Sincerely, CD
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-appeal-to-office-of-chief-formal.html
JULY 20th LT INGRAM replies... and completely disregards my formal complaint
"Mr. D, Please see my responses to your questions below. If you need further clarification on anything, please let me know. Thank you.
LT. Ingram
1. Who currently comprises the Bellevue Police Department Office of Professional Standards?
There are three positions in the Office of Professional Standards; Captain Hoffman, Lt. Ingram and the Public Information Officer, Officer Tyler.
2. Where is this information located?
This information is located on the City of Bellevue’s website under Police. On this website is a link to the Bellevue Police Policy Manual.
The Office of Professional Standards is under the police of “16.00.020 Office of the Chief.” The Office of Professional Standards is also on the organizational chart.http://www.bellevuewa.gov/police.htm
http://bellevuewa.gov/Other/Police/PolicyManual/16.00.020.html
http://www.bellevuewa.gov/pdf/Police/Police_2014_Org_Chart_01_01_14.pdf
3. According to the policy I found on line, the office is consists of Captain, a Lieutenant, and the PIO. All within the same department, with no citizen oversight or outside legal opinions. The City Manager is supposedly their liaison. Is this correct?
The Bellevue Police Department has an internal Legal Advisor, Melissa Chin, who is a civilian. The City also has attorneys that provide legal support and advice to the police department. There is no citizen oversight or outside legal opinions.http://www.bellevuewa.gov/city-attorney.htm
I don’t understand your question regarding the City Manager as liaison. The Chief of Police is appointed by and reports directly to the City Manager. However, the Chief of Police has overall authority and management responsibility of the Police Department.
4. Please confirm, is Captain Hershey currently part of the BPD Office of Professional Standards?
Captain Hershey is assigned to Patrol and is not part of the Office of Professional Standards.
5. Who handles complaints, when the complaint involves a member of the Office of Professional Standards?
If there was a complaint on Officer Tyler or Lt. Ingram, Captain Hoffman would handle the complaint.
If the complaint was regarding Captain Hoffman then either a Major or the Deputy Chief would handle the complaint. If the complaint was about an investigation that Lt. Ingram and Captain Hoffman conducted, the Major or the Deputy Chief would handle the complaint."
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa_66.html
JULY 20th I respond
"July 20th 2015
To
LT. Ingram
Bellevue Police Department
CC:
Chief S. Mylett
Hon. C. Balducci
Seattle Division - FBI
Jeff Torrey, Bellevue City Attorney
lthompson@seattletimes.com;
jensullivan@seattletimes.com
LT. Ingram,
Thank you very much for your complete and thorough reply.
I need clarification on only one issue:
1.) Why did Captain Hershey say he reviewed the case and video, and agrees with the Officers?
Nearly the entirety of Officer Wyche's "description" of the video is false. These are no insignificant details, like color of my eyes -- Officer Wyche intentionally supports the narrative of the assailant, an assailant with no memory of the attack per the assailants own statement! How is this possible?
Officer Wyche goes on to completely fabricate what is clearly shown on the video.This is beyond a mistake. This is willful, intentional misconduct at the behest, I believe, of Officer Peacey.
I know what happened, my brother knows what happened, the two suspects know what happened, and the video and audio prove what happened. No one has ever asked my brother for a clarifying witness statement, or asked if he would like to press charges. Only the assailants are being considered, and only they are smart enough to realize when we go to court the entire case will unravel. From Officer Peacey, Wyche, White, Lt. McElyea and Captain Hershey, NO ONE HAS WATCHED THE VIDEO.
Captain Hershey acts incredulous that I could even question where the video is.
Clearly in the report, Officer Wyche enters and notes the entry into evidence of the injury photos. Wyche mentions in one sentence that the video was given to officer white. No entry note or reference to the video in evidence. This, and the fact the video proves me innocent, leads me to question whether anyone has actually viewed the video at all! Please, LT Ingram, will you just review the video while reading the report?
I am not making anything up, all my claims are verified by 4 minutes of investigation. This "case" is now over two months old and I have lived through hell every day of it. You understand that this is ruining my life?
I would appreciate 4 minutes to exonerate myself and prove my claims.
Is there a technical problem with the video? If so, here is a link to the original with audio:
The allegedly unredacted report is here: REDACTED The video is here:REDACTED There is a link in the video description to the page of the report, where I underline in RED what I initially see as NOT CORRECT, ie FALSE.You may view that image of the report here:REDACTED
Any further correspondence that does not refer directly to the status of the investigation the serious misconduct of Officers Wyche, Peacey, Lt. McElyea, and Captain Hershey, or the status of my request to accept a citizen's arrest for felony assault, will be considered an attempt to further ignore this issue.
Please do not attempt to delay this case, or intimidate or bully me into not pursuing my complaint like Captain Hershey and Lt. McElyea. 4 minutes of your time is all it takes.I really don't understand this extreme delay in service when all my claims are IMMEDIATELY verifiable! What is the angle here? What exactly are you missing from me?? To clarify: I want these Officers investigated. I want the assailant charged with the crime he committed.
Faithfully,
CD
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-re-2nd-request-re-bellevue-wa_5.html
JULY 20th NO reply that day so I send an ANGRY reply
Hello,
I have given your offices enough time to realize your mistakes. There is no more time.
The allegedly unredacted report is here:REDACTED The video is here:REDACTED
1.) The audio of the video is part of what proves me innocent. I believe this audio has been removed or not audible on the evidence copy. The audio when combined with the video proves every part of the signed statements from the assailants to be fabrications.
2.) This is not a juvenile suspect, 17 years old, as Jaspreet claimed. B. Bhamber is 19 years old, born 1-15-1996. The juvenile division of the King County prosecutors office no longer need be concerned with this case. I apologize for believing Jaspreet Bhamber ... the fact is, early in the pages of the report, this person DOB was omitted indicting to me he was indeed a minor. On his sworn statement he writes his own date of birth!
3.) Officer Peacey incorrectly describes the encounter in her narrative.
4.) Officer White says he did not edit or change the video in evidence, proving your office has the full video with audio.
I had refused to read the witness statements from the two brothers, knowing they would be lies. Now, today, I read them and find out they are claiming I am a racist, knocked this guys turban off, came up shouting the "F" word (which, by the way, these guys do ALL THE TIME), and started a fight for no reason...
I am beyond outraged.
The suspect continued his behavior even after I made a harassment report on Friday May 22nd. B. Bhamber clearly is a liar and intended all along to get away with his crime. I bet he can't believe you bought it! Both Bhamber brothers claim I should be prosecuted, and now they don't' want to press charges against someone they claim is a drunken, racist attacking their indian culture....? Maybe its because I don't like any music played at apocalyptic levels with bass shaking my brain while I try to study for school! I have this on video WITH AUDIO as well. These slanderous lies are now libel and part of the public record, while my hand written statement is NOT included in the report!
I've never said anything other than the truth, verified at any time, and your office has treated me like a criminal.
I am in extreme emotional distress over this, I cannot sleep, and now I wonder if I can even continue my phlebotomy training because my hands are shaking so hard. I am contacting an attorney and I will be seeking advice on how to proceed in a civil case against the City of Bellevue police department for their misconduct and conspiracy to deny me due process.
The city may expect a claim for damages to be imminent. You will arrest this suspect, now. You will charge him with felony assault, and the assault on my brother, now. There will be no more lies, no more delays, no more administrative obstruction. Do your job. NOW.
B. Bhamber is to be charged with the following:
2nd degree assault
4th degree assault, 3 counts, for hitting my camera hand twice and pushing my brother
Obstruction of justice
Disorderly Conduct
Jaspreet Bhamber, the following:
Disorderly conduct
obstruction of justice
I am furious you tried to prosecute me for disorderly and harassment because you find me rude. I find people breaking the law rude, does that mean I can strangle them? This whole process is a farce.Officially, without patience, yet still with respect despite your departments continued egregious violations,
CD
http://bellevue-wa-police-misconduct.blogspot.com/2015/07/email-bpd-case-no-redacted-request-to.html
and we know the response to that... I increased my medication again as Deputy Chief Jolliffe was preparing to enter the picture. His letter, dated July 21st, arrived that Friday July 24th.
----------------------------------------------------------------------
Click to Expand! Policy Violations by CPT Hershey!
========== THE CAP'N IS WANTED FOR ==============
Serious misconduct complaints (Formal Standards) - 1 (see FS 13-003 files below!)
Informal Standards - 0
Informal Standards Collision - 0
Reprimands, oral or written - 0
Civil lawsuits against Bellevue Police Dept - 0.
Dissatisfaction of Service complaints are not logged by involved employee; dissatisfaction of service complaints are logged against the Department. A search for Captain Hershey in the contents of the Dissatisfaction of Service files show he is in 1 dissatisfaction of Service file. Our retention period for dissatisfaction of service files is 6 years.
Unbiased policing -
All personnel shall immediately report any incident of suspected bias based policing to their command officer who shall initiate an appropriate inquiry into the incident. Any complaint alleging bias will be investigated by the Office of Professional Standards.
Standard of Conduct -
http://www.bellevuewa.gov/Other/Police/PolicyManual/11.00.010.html
“Employees will not engage in any activity which constitutes conduct unbecoming an employee or which constitutes neglect of duty. Failure of an employee either willfully, or through negligence or incompetence, to perform the duties of his/her rank or assignment, or violations by an employee of any policy, procedure, rule, regulation, order or memorandum having the effect of a rule, regulation or order, may be considered sufficient cause for discharge, demotion, suspension, or other penalty.”
http://www.bellevuewa.gov/Other/Police/PolicyManual/11.00.010.html
“Employees will not engage in any activity which constitutes conduct unbecoming an employee or which constitutes neglect of duty. Failure of an employee either willfully, or through negligence or incompetence, to perform the duties of his/her rank or assignment, or violations by an employee of any policy, procedure, rule, regulation, order or memorandum having the effect of a rule, regulation or order, may be considered sufficient cause for discharge, demotion, suspension, or other penalty.”
Compromising a criminal case -
http://www.bellevuewa.gov/Other/Police/PolicyManual/11.00.100.html
“Employees will not engage in any of the following conduct:
v Interfere with the testimony of witnesses through coercion, or other means
v Take any action which will interfere with the efficiency or integrity of the administration of criminal justice
v Having knowledge of such interference, fail to inform a supervisor”
http://www.bellevuewa.gov/Other/Police/PolicyManual/11.00.100.html
“Employees will not engage in any of the following conduct:
v Interfere with the testimony of witnesses through coercion, or other means
v Take any action which will interfere with the efficiency or integrity of the administration of criminal justice
v Having knowledge of such interference, fail to inform a supervisor”
“Employees will at all times be courteous and civil to the public and to one another. They will be orderly, attentive and respectful, and will exercise patience and discretion in the performance of their duties. Employees will avoid harsh, violent, profane or insolent language and will strive to remain calm regardless of provocation to do otherwise. Upon request, employees will supply their name and identification number in a courteous manner.”
====FOIA / PDR from BPD =======
"This letter is to acknowledge receipt of your public disclosure request for the total number and/or type of complaints against Captain James Hershey in his capacity as a Bellevue police officer, or complaints naming him as a party. You asked for the category and number of the following categories as they relate to Captain Hershey: Serious misconduct complaints; dissatisfaction with service complaints; Reprimands, oral or written; and Civil lawsuits against Bellevue Police Dept. Your request stated you did not want the outcomes or exempt info, only the category and total. Below is the breakdown of complaints involving Captain Hershey:Serious misconduct complaints (Formal Standards) - 1 (see FS 13-003 files below!)
Informal Standards - 0
Informal Standards Collision - 0
Reprimands, oral or written - 0
Civil lawsuits against Bellevue Police Dept - 0.
Dissatisfaction of Service complaints are not logged by involved employee; dissatisfaction of service complaints are logged against the Department. A search for Captain Hershey in the contents of the Dissatisfaction of Service files show he is in 1 dissatisfaction of Service file. Our retention period for dissatisfaction of service files is 6 years.
FS 13-003 Re: Capt. Jim C. Hershey, BPD
Re: Public Records Request 000632-2015
This letter is to acknowledge receipt of your public disclosure request for a copy of Bellevue Police Department records related to the Formal complaint of serious misconduct on record against Captain Jim Hershey.
You requested a summary of any disciplinary findings, for example, why and when was personnel disciplined or reprimanded. Captain Hershey was investigated in 2013 in FS 13-003. He was exonerated in all three charges: Judgment, Obedience to Laws, and Duty Responsibilities in this Formal Standards investigation.
Your request is still considered open; I am writing to address a slight delay in getting the records to you as FS 13-003 is a very large case with juvenile privileged information. You should anticipate an additional response by the end of business October 2, 2015, if not sooner.
Attached is this installment of FS 13-003, Captain Hershey's formal standards investigation that you have requested. Your request is still considered open as this is a large investigation file with many exemptions to process. I predict your next installment to be disclosed Friday, October 23rd, if not sooner.
Included in this Installment are:
- FS 13-003 Complainant Interview Transcript
- FS 13-003 Police Report
- FS 13-003 Findings & Recommendation
- FS 13-003 Authorization Memo
- FS 13-003 Subject Advisement
Redactions and exemptions have been made and are documented in the attached privilege log.
(FILES AVAILABLE:)
https://drive.google.com/open?id=0B7q_n7nd-UPGSFloWS1PZ19mNnM
-------------------------- October 9th 2015
Attached is the 2nd installment to your public disclosure request for all records related to the formal standards investigation regarding Captain Hershey. This installment has the Internal Investigation Report for 13-003. You previously received the complaint and final finding. This Report is the investigation. Below are the exemptions and redactions made. I predict Installment 3 will be disclosed to you on October 12, 2015, if not sooner.
(FILES AVAILABLE)
https://drive.google.com/open?id=0B7q_n7nd-UPGSFloWS1PZ19mNnM
-----------------------------
This letter is to acknowledge receipt of your public disclosure request for a copy of Bellevue Police Department records related to the Formal complaint of serious misconduct on record against Captain Jim Hershey.
You requested a summary of any disciplinary findings, for example, why and when was personnel disciplined or reprimanded. Captain Hershey was investigated in 2013 in FS 13-003. He was exonerated in all three charges: Judgment, Obedience to Laws, and Duty Responsibilities in this Formal Standards investigation.
Your request is still considered open; I am writing to address a slight delay in getting the records to you as FS 13-003 is a very large case with juvenile privileged information. You should anticipate an additional response by the end of business October 2, 2015, if not sooner.
-----------------------------------------
OCT 6th 2015Attached is this installment of FS 13-003, Captain Hershey's formal standards investigation that you have requested. Your request is still considered open as this is a large investigation file with many exemptions to process. I predict your next installment to be disclosed Friday, October 23rd, if not sooner.
Included in this Installment are:
- FS 13-003 Complainant Interview Transcript
- FS 13-003 Police Report
- FS 13-003 Findings & Recommendation
- FS 13-003 Authorization Memo
- FS 13-003 Subject Advisement
Redactions and exemptions have been made and are documented in the attached privilege log.
(FILES AVAILABLE:)
https://drive.google.com/open?id=0B7q_n7nd-UPGSFloWS1PZ19mNnM
-------------------------- October 9th 2015
Attached is the 2nd installment to your public disclosure request for all records related to the formal standards investigation regarding Captain Hershey. This installment has the Internal Investigation Report for 13-003. You previously received the complaint and final finding. This Report is the investigation. Below are the exemptions and redactions made. I predict Installment 3 will be disclosed to you on October 12, 2015, if not sooner.
(FILES AVAILABLE)
https://drive.google.com/open?id=0B7q_n7nd-UPGSFloWS1PZ19mNnM
-----------------------------
October 15th 2015
Attached is the final installment for your public disclosure request for all records related to the formal standards investigation involving Captain Hershey (FS 13-003). This installment includes the witness and subject transcripts in the case. This installment closes out your disclosure request. Redactions and exemptions have been noted in the privilege log:
(FILES AVAILABLE)
https://drive.google.com/open?id=0B7q_n7nd-UPGSFloWS1PZ19mNnM
==============================
So What About Formal Standards FS-13-003??
As a LIEUTENANT, CAPTAIN HERSHEY was the subject of a Formal Standards investigation regarding his role investigating a complaint involving OFC MARCELLA FOGG of REDMOND POLICE DEPARTMENT.
http://www.redmond-reporter.com/news/212413251.html
http://www.redmond-reporter.com/news/206983641.html
RPD colleague OFFICER TODD BOWMAN spread rumors about Fogg engaging in a relationship with a minor and having a relationship with another man while she and her husband were going through a divorce.
The rumors got reported to the department via a ANONYMOUS tip (by BOWMAN) to King 5 Investigators, who filed a request for more information, allowing CMD Shari Shovlin to proceed with a plan to ruin Marcella Fogg's career -- out of petty jealousy! WOW!
Click to Expand! Transcript of: M FOGG complaint to MAJ. P. ARPIN, BPD
"Arpin: So…so in your….in the complaint you stated that on August 23rd, 2012, that Redmond Commander Shari Shovlin drove over to Bellevue to meet with Lieutenant Hershey and Detective Robert Thompson, and to expressly request an outside an outside agency assist for a very serious criminal allegation against you.So would you please summarize for us what your complaint against Jim Hershey.
Fogg: Redmond was doing some non-ethical code of conduct issues and providing false information to Bellevue. Commander Shovlin went August 23rd, 2012 and she delivered a false police report to you. And there was no reasonable suspicion, there was no basis, there was no witnesses, there was no victim, there was nothing. And somehow it turned into a criminal investigation and this is completely inappropriate for it to have gone there based off of zero. You know like start at zero, end in a criminal report. Not…we’re not talking about unfounded, that’s not the point. The point is that something from zero status became a criminal investigation. The way I’m trained, how we’re updated and trained, how the academy trains, and everybody who’s seen that report, the major question is how the heck did this happen. You know….how did this go? Nobody would take this kind of report. And then after seeing the report myself, only having seen it because the police department illegally released it and I found out that they illegally released it so I said, well…..rules are rules but if you illegally released it, I need to see it. So after I saw it is when I discovered..
A: Bellevue illegally released it?
F: No. Redmond illegally released it.
A: Redmond. Okay, thank you.
F: Yes. And it’s kind of a complicated story but after it was illegally released and then I was able to read it after 2013 and realized the scope of the fictitious nature of it. And then that’s when we were able to analyze it and think well….how can this be. There was some major holes in what was going on. The case report narrative was removed by Lieutenant Hershey. I was talking to Detective Thompson about it near the end of the year last year, and he said “Well that’s funny cause I closed the case. I don’t know why it’s showing open” And I said, “No the case is still open so as far as I know.Why is there an open criminal investigation on me?” And I called him back again and he said, “No. I closed it September 12th you know as dated on the police report.” And so he said if anybody kept it open, it’s Hershey.
A: So what I’m looking for what your specifically accusing then Lieutenant Jim Hershey of doing, I guess is what I’m looking for.
F: Well, gosh…I mean. I haven’t scoured your CALEA regulations. I mean…..my….my attorney has but I mean you got conduct unbecoming, you have negligence, you have all kinds of things that I mean if I look through your code book I could probably find things, just like I’ve done here. I mean essentially, you’ve provided a false police report…you know. It’s based off of nothing that’s factual. It’s not very becoming of somebody to….especially, somebody like Hershey. I mean he’s solving cold cases, you know,.like somebody who solves cold cases knows what the social sandbox is, how they teach at the academy. We know what probable cause…..before that, we know what reasonable suspicion is and before that, we know what a social stop is, which is essentially what that case was that turned into a criminal. Essentially, we have [Hershey] who’s probably a brilliant detective if he’s doing the kind of work he’s doing. But you’ve got somebody with all this experience and knowledge and all this stuff, taking a social contact and making it a criminal police report. So I mean you got the few policies that I mention to you but if I scoured through your website I’m sure I could find a few more. You used to see people, civilians suing over far less than that, over false reporting and stuff. And so this has caused a great deal of damage to my career. I’m….you guys well are aware of stacking and things put in your file, even if they’re unfounded. Maybe Lieutenant Hershey, I don’t know him, maybe he didn’t do it as the same malicious intent as….as our Commander did, who came over there and Chief who supported that, but it still happened. They still caused immense problems and now I have to deal with this and it’s completely unfair.
"While I was pregnant, I found out through a retired commander, Captain Lorna Riener, from Kent PD, she had retired about three years ago; that there was an officer here who had recently got demoted for sexual harassment. He was denied employment at Kent because he admitted during a background investigation that he a sexual relationship with an eleven year old while in Thailand in the Peace Corps for two years. And she said, “My God, you gotta turn this person in.” And said, you need to report….. I didn’t know he was still in law enforcement. So I turned him in the first part of August and I turned it in and said, “Hey I have this information he admitted in this polygraph that he basically committed rape against a child for two years consistently.”
He resigned the next day.
And so I explained this to him and he even put that in your report, that he asked me why you think they’re doing this. And it’s in direct retaliation of turning him in. He resigned the next day, he left.
I found out now in 2013 it was very traumatizing. Nobody told anybody. He just left. You know….he had no plans immediately of leaving. He had been there I think almost 20 years, around that time. He’s a senior person. It was a shock to everybody and everything went into chaos mode according to everybody here, when that happened cause I was gone.
A: Okay. So…..cause you bring it up. So how….how do you know that Lieutenant Hershey and Commander Shovlin have a…are very close personally?
F: Through other staff that know her and him throughout the years. I mean through other people who’ve left the police department who’ve been on 23 years or so have said, oh yeah…..they’re very close. I mean her….her ex-husband works for you guys. People know that she’s close to Bellevue because of that. She knows people there, she knows her husband and…..
Arpin: Yeah. And….and I’ll agree with you that….cause I know that for a fact as well. That you know…her ex-husband works for the Bellevue PD and she does know people over there but I guess what I’m getting at is how do we know….or how do you know that they….cause you state that they have a very close personal relationship so how do we know that that exists? Do you have any personal knowledge of that?
F: Just through those employees
A: In your complaint you stated that Lieutenant Hershey "Failed to ask even basic questions that you would think and should be ask when presented with a situation where a criminal allegation was…was based."
F: Let me get the Bellevue Police report so I can assist in this.
A: Well I guess what I’m asking is…. what knowledge do you have of the questions Lieutenant Hershey asked or did not ask of Commander Shovlin when he was present?
F: Well I can give you some examples.. If this were my case and somebody came to me with little to zero evidence, like this was here, I would ask these questions...
A: What I’m getting at is…..
F: Don’t you think you’d ask? You’re a detective.
A: What I’m saying is, is it possible that he did ask some of those questions and got an answer?
F: Thompson would have put it in here. It’s not in here. He would have put it here, based on the way he did that report. And he didn’t tell me that that happened. You know….
A: Okay.
F: He didn’t tell me…
K: Did you ask him?
F: I don’t remember. I mean I asked him about all this stuff you know. And I mean it’s clearly in here, she says these things. If he’d have asked her, she would have had to say answers that would have been contradictory to the actual stuff that’s written on here; like have you talked to the family?
A: I guess that’s part of what I’m getting at is it is possible that Lieutenant Hershey could have had other conversations with Commander Shovlin outside of Detective Thompson being there.
F: Right, right.
A: Is that correct?
F: Yes, because...
A: And he may have asked some of these things and may have gotten answers. I…I don’t know. We have not talked to him.
F: I don’t know. Then why isn’t in the official criminal investigation on the police documentation?
A: Right.
F: Because the court will ask you well where’s those conversations then? This is a….if you’re gonna look at it, this is a very serious Class A Felony you’re talking about. Where is that conversation? Why isn’t it documented? Because the courts are gonna ask that. Where is it? Well, why wouldn’t you find that very critical to put down on paper? So he would have had to document that if….for this really criminal element to…..I mean at that time if he had actually asked her that, Thompson hadn’t concluded this investigation yet. So he would have had that conversation the beginning like Thompson said. She came, she said, she went. Then I went and investigated because that’s the date here. This is August 23rd. The rest of his investigation happened days later, September 5th and on. So if he had asked her that stuff, where’s that conversation?
A: Okay.
F: He didn’t ask for that because this happened. It wouldn’t have happened had he found out, oh yeah you found out that all this is bunk because you actually talked to the victim’s mother who said no way. We love Here’s the commendation letter. The juvenile’s, in fact, working here because we’re….they asked her for her recommendation, then…then appointed him here. I’m assuming Hershey would have said, "Why are…..why are we here Shari?" That’s what we should have said. Why are….why are we here.
A: Okay.
F: I mean because unless she flat out said, Oh no. I didn’t talk to Mrs. Because she actually did and Mrs. confirmed that to me and my attorney that they did speak in June. So…and Commander Shovlin asked her about these so called rumors that she made up. And Mrs. immediately said “Oh my gosh, I’m irritated.” Just like it says in here, the family you know was disgusted and irritated about the allegations
A: Can you describe a little bit, your relationship with Redmond Commander Shari Shovlin?
F: We don’t have a relationship. I know that in 2009 she was very bitter about the fact that she couldn’t run the undercover program, according to Detective Howerton at the time, whose moved on to another agency.I mean here I’m sitting in my FTO office, all of a sudden this commander, who I never worked with, but it’s the same person who I had warnings from…from Howerton, say flipping out at me. And so I went in there after he had calmed her down and she says, “Oh, it was just a misunderstanding.” And I’m thinking there’s something not right about that. You know…..I….I was warned by Howerton and now you’re…..you’re all up in arms about an application I never even put in. I had applied for Auburn, but that was 2012. It was two years later. So as far as relationship, I mean I was warned about her in 2012. She lost her temper over something that didn’t happen. Again, in 2012, I was on FTO so it would have been in the middle of that year, and my FTO had to calm her down. And who knows what this text message was. I mean I don’t know where she got that from.
A: Okay.
F: So it’s very troubling. And then over the years to hear from the union and to hear from other officers, and people that oh…..she tells stories and then Gail you know, telling…..telling me about the story she has told about her and in the same kind of manner. You know….the same kind of manner where I don’t know where I’ve heard these things. And I don’t know where they came from. And I just can’t substantiate anything. You know…..like we wouldn’t take a police report based off of that.
A: Okay. So we already asked you what you knew about their personal relationship and how you formed that opinion. Have you had….have you personally had….. ever had any conversations with Lieutenant Hershey or Commander Shovlin about their relationship?
F: Oh, no. If this were a bias an unbias and fair….fair investigation, it shouldn’t be at an agency where you have all these relationships and all these connections. Just like you shouldn’t ask….our City shouldn’t ask Kirkland because Kirkland’s mayor is the mother of our mayor. So if you’re gonna want to be fair and impartial you should go somewhere where you don’t have all these relationships. Where you don’t have all these things…..you know…because it looks like it’s been tainted, which it has been tainted. So that’s kind of where we’re thinking on this too. You know….and you can ask Dowd and other senior people here….like everybody knows Shovlin goes over there when she wants certain things done. And that’s….a lot of people know that and I wish I can recall every officer whose told me that over the past few years. That they know she goes over there when she wants certain things done.
A: Did they give you examples?
F: Just IA’s or little favors. Gail has said the same thing you know…..for IA’s and different….different things they ask for different favors.
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