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Usually, Michael Brooks would have taken the bus home.
But on the evening of Feb. 5, he decided to walk. After
all, the 62 year old reasoned, the exercise would do him
good.
Stepping out of Seattle Central Community College (SCCC),
where he’d just finished up in the Computer Center,
he took a gander at his watch. 9:35 p.m. And under a nighttime
sky blanketed by clouds, he began his journey to Madison
Valley.
Brooks headed north on Broadway. When he got to Denny,
he turned right, traveling east. As he ventured homeward,
he passed Cal Anderson Park. It was about then, he says,
he noticed police activity: seven to 10 cruisers, up on
12th, blocking traffic. Officers, including one from the
city’s K-9 Unit, busied themselves on the north
side of Denny. Brooks kept to the sidewalk on the south.
“As I proceeded to walk,” says Brooks, “[a]
police officer shined his flashlight on me, and he asked
me stop.” He says the officer requested identification;
Brooks handed it over. Then, he says, the officer spoke
into the microphone attached to his shoulder strap, saying
something to the effect of, “I think we have a suspect
here.”
Asked by a number of officers where he was coming from,
Brooks says he told them SCCC. Then he says he heard one
officer say they wanted to bring the victim by. That’s
when Brooks, a Black man who’s called Seattle home
since 1980, says he began to get worried.
Soon afterwards, a squad car pulled up. Brooks says he
couldn’t see through the glass, but heard a female
voice say, “Affirmative.”
Brooks says after that, he was handcuffed. When he asked
what the crime was, he says he was shocked to hear the
officer’s response: “Attempted rape and assault.”
He was read his rights, he says. Then he was placed in
the back of a squad car and driven to the East Precinct,
where he was held for an hour and a half. From there,
he was taken to King County Jail. Given scrubs to wear,
Brooks says he visited a nurse, and, after having his
blood pressure taken and responding to a few of her questions,
he was placed, for no reason he can determine, on suicide
watch.
The next afternoon, in court at a first appearance —
wherein a judge, upon examining a police report, determines
whether there’s probable cause in an alleged charge
— bond was set for $25,000. Unable to raise the
funds (Brooks works as a dishwasher at Elysian Fields
in SoDo, bringing home $9 an hour), he was left to share
a cell with close to 20 others, which Brooks said only
had bunks for 14: Those without beds slept on the floor.
There he remained until he was eventually released on
Feb. 8. No charges were filed at the time.
All told, from the moment Brooks was picked up to the
moment he was set free, he’d been held for just
shy of 72 hours.
That was over a month ago. But for Brooks, the humiliation
of and confusion surrounding those three days remains
fresh. He says he’s got questions for the police.
“I want to know why I was arrested, and why I had
to stay in there so long,” says Brooks. “And
why I was just dropped off in the system.”
To help ferret out answers, Brooks has obtained pro bono
legal assistance from Sunil Abraham, staff attorney at
the Racial Disparity Project, which sits within the Defender
Association. Abraham says that they’ve tried to
obtain a copy of the incident report from police, to view
the Seattle Police Department’s perspective. But
they were informed, says Abraham, with the case still
being open, the only way to release the report is for
Brooks’ legal counsel to initiate a discovery process.
But such an undertaking, counters Abraham, represents
a Catch-22, as Brooks would have to be charged with a
crime in order for the discovery process to be set in
motion.
“It’s not clear what it’s going to take
[to obtain the report],” says Abraham, who adds
that Brooks has written to the police specifically requesting
parts of the report that pertain directly to him.
A media relations officer for the SPD says police investigators
have sent the case across the street, to the prosecutor’s
office. Senior deputy prosecuting attorney Dan Donohoe
acknowledges his office has received the case and that
it’s under review. As there’s still some follow-up
investigation going on, Donohoe says, as of March 20,
no decision has been made as to whether charges will be
filed.
Abraham says that even though Brooks was told he was not
being charged at the time, he wonders what will happen
if Brooks, at any time in the future, is arrested again.
Will the arrest be expunged from his record, or, asks
Abraham, “Is this incident going to come back to
haunt him?”
Haunting Brooks now are his feelings over how he was treated
during those three days from arrest to release. He says
that when he was being driven to the East Precinct —
during which time Brooks says an officer commented that
he had a “squeaky clean record” — he
suggested to the officers they take him to SCCC, to have
someone in the computer center verify he’d just
been there. “But that never happened,” says
Brooks.
Even with all his concerns — including the monetary
strain produced by two days’ lost wages —
Brooks says he wants people to know about what happened
to him, so that people are aware how race played a part
in his arrest. I want people to know, says Brooks, “that
innocent Black men and African-American men in the community
are being stopped for nothing. And just being taken off
to jail.” |