County hires ex-U.S. attorney to investigate sheriff. Here’s what he’ll do and be paid
Pierce County has entered into a contract with a law firm to investigate the Pierce County Sheriff’s encounter with a Black man delivering newspapers in a Tacoma neighborhood.
Former U.S. Attorney for the Western District of Washington Brian Moran has started the investigation, county council spokesperson Brynn Grimley said.
Pierce County’s finance director finalized the contract with Moran’s firm Orrick, Herrington & Sutcliffe on Friday.
Moran will receive a flat fee of $50,000 to investigate Sheriff Ed Troyer’s Jan. 27 confrontation with Sedrick Altheimer. Troyer called 911 to report Altheimer threatened to kill him.
The 24-year-old man denied making threats, according to a police report. Troyer said in his interview with police after the encounter that Altheimer did not threaten him, according to a police report.
The scope of the investigation includes:
Resolving disputed facts and versions, including an investigation of motivations and states of mind of those involved, including potential biases or prejudices
Determining whether Troyer misused his authority or deviated from required law enforcement standards, including honesty, violated any Pierce County Sheriff’s Department policy or regulation, or violated any criminal law during the incident.
Investigating Troyer’s past conduct as part of determining whether the Jan. 27 incident was a “misuse of authority, a deviation from standards or a violation of policy or law” and to determine whether there is a pattern. Past conduct to be investigated will include a 911 call Troyer made on Nov. 11, 2020, and his public statements about the death of Manuel Ellis and the Sheriff’s Department’s investigation.
If Moran determines there was a misuse of authority, a deviation from standards or a violation of policy or law, he also would determine what discipline would typically be recommended if the incident had involved a non-elected employee of the department.
If Moran determines that there was a misuse of authority, a deviation from standards, or a violation of policy or law, he might provide recommendations for oversight or other procedures that could prevent or discourage similar misconduct in the future by any person serving as sheriff.
The contract states Moran would have the power to administer oaths, take testimony and subpoena the production of evidence. With the council’s approval, he could also subpoena witnesses.
Troyer has previously told The News Tribune that he intends to fully cooperate with the investigation.
“No policies or laws were broken,” he said on April 6. “I look forward to a complete investigation. I will fully cooperate as will my department.”
Troyer also said he asked for the investigation to be expanded to include his 911 call in November and his involvement in the Manuel Ellis investigation.
The Pierce County Council has no supervisory authority over the sheriff position, which is independently elected. Troyer was elected in November with 64 percent and sworn in following certified results. Previously, he was the public information officer for the department for 19 years.
There is no timeline or set date for the investigation to be completed.
“That said, everyone understands the importance of the situation and shares a desire to see the investigation completed as soon as possible,” Grimley said.
If the investigation requires more than the $50,000 cap, another funding request would need to be approved by the council.
This story was originally published April 20, 2021 at 5:00 AM.
