Charged in state AG probe, Sheriff Troyer to face results of county investigation soon
The Pierce County Council’s investigation into Sheriff Ed Troyer’s January altercation with a Black newspaper carrier is expected to wrap up soon.
Following news that the state has charged Troyer with two criminal charges, investigator Brian Moran told The News Tribune on Tuesday that his work is “virtually complete.”
“I did want to wait and see how the AG’s office decided to proceed on their criminal review, and now that I have that information, I’ll be completing my review relatively soon,” he said in an email.
County Chairman Derek Young (D-Gig Harbor) said in a Tuesday study session that the report could be released as early as next week.
Moran, the former U.S. Attorney for the Western District of Washington, was hired by the county to determine the facts of what occurred and whether Troyer misused his authority.
The scope of investigation includes:
Determining the facts of what occurred during the incident on Jan. 27, 2021 and resolving disputed facts and versions, including an investigation of motivations and states of mind of those involved, including potential biases or prejudices.
Determining whether the sheriff 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 into Ellis’ death while in Tacoma police custody.
If Moran determines there was a misuse of authority, a deviation from standards or a violation of policy or law, he also would recommend discipline that typically would 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 state Attorney General’s Office filed two criminal charges against Troyer on Tuesday: one count of false reporting and one count of making a false or misleading statement to a public servant.
A conviction could result in up to up to a year in jail and up to a $5,000 fine.
Troyer has told The News Tribune he does not believe the state conducted a fair investigation.
Pierce County Council released a statement on the criminal charges Tuesday, saying that they will be taken seriously and the Pierce County Prosecuting Attorney will be consulted to review all options.
Moran’s fact-finding investigation was largely on hold while the state pursued its criminal investigation. He continued to talk to witnesses and reviewed documents but told The News Tribune that “in situations where there are parallel criminal and civil investigations, it is often the best course of action for the criminal review to go first.”
He has been tasked with reviewing the incident on Jan. 27 when Troyer called 911, saying a man threatened to kill him. The emergency call initially triggered an “officer in trouble” response by more than 40 law enforcement officers but was later dialed back.
Troyer has told The News Tribune he saw a suspicious vehicle slowly driving around his neighborhood, parking in driveways. The driver, Sedrick Altheimer, then 24, was a newspaper carrier delivering papers.
According to statements included in the state Attorney General’s charging documents, Altheimer confronted Troyer as to why he was following him. Troyer told dispatchers at least three times in a five-minute 911 call that Altheimer threatened to kill him.
Altheimer denied making threats, according to a police report obtained by The News Tribune. Troyer said in his interview with police that Altheimer did not threaten him, despite statements in the 911 call, according to a police report.
In an interview with The News Tribune last month, Troyer, who is white, denied racially profiling Altheimer. Troyer told the paper he never retracted his allegation that Altheimer threatened “to take me out,” but told officers he didn’t want to do anything about the threat.
Altheimer has filed a $5 milion tort claim against Pierce County, saying the incident caused emotional distress that included “racial profiling, false arrest and unnecessary use of excessive force of this man whose only crime was ‘being a Black man in a white neighborhood,’” according to the claim.
This story was originally published October 19, 2021 at 12:26 PM.
