Troyer violated policies, showed bias during run-in with newspaper carrier, probe finds
An independent investigation found that Sheriff Ed Troyer violated several of the Pierce County Sheriff’s Department’s policies and standards when he confronted a Black newspaper carrier Jan. 27.
The report released Tuesday found Troyer broke four department policies on conduct, community engagement, bias and off-duty intervention.
The Pierce County Council is still determining next steps.
“Because we just received the report, members need time to review the information,” Chairman Derek Young (D-Gig Harbor) said in a statement. “Once we have processed the information, we will review potential next steps to determine how Council wants to proceed.”
At least one council member has already shared thoughts on the investigation. County council member Ryan Mello (D-Tacoma) tweeted that Troyer should resign.
“I have lost faith, trust and confidence in Sheriff Ed Troyer and urge him to step down to allow the brave individuals of the Pierce County Sheriff’s Department to not be distracted by these actions,” he said Tuesday evening.
The Pierce County Council hired Brian Moran, a former U.S. Attorney for the Western District of Washington, to complete a fact-finding investigation into the Jan. 27 incident.
The county also asked Moran to investigate whether the sheriff misused his authority, deviated from standard law enforcement standards, violated Sheriff’s Department policies or violated any criminal laws.
Troyer has said he saw a suspicious vehicle slowly driving around his neighborhood, parking in driveways on Jan. 27. Altheimer was a newspaper carrier delivering papers. After Troyer followed the car for a “short distance,” the report said, Altheimer turned his car around and confronted Troyer with the cars “nose to nose.”
Moran concluded that the sheriff intervened while off duty in an instance when public safety or the prevention of major property damage did not require immediate action, breaking code.
“Here, neither of these factors was present,” the report said. “Some questionable observations, viewed from a distance, about crimes that might be underway does not rise to this level.”
Troyer told dispatchers at least three times in a five-minute 911 call that Altheimer threatened to kill him. He also described Altheimer to the operator as looking “homeless.” The emergency call initially triggered an “officer in trouble” response by more than 40 law enforcement officers but was later dialed back.
The investigation found that Troyer also broke policy against biased-based policing by describing the newspaper carrier’s car as “homeless looking.”
“We find by a preponderance of the available evidence that Sheriff Troyer engaged in conduct that his Department expressly forbids — employing an economic bias to support his mistaken belief that Mr. Altheimer must be engaged in criminal activity,” the report said.
Troyer also broke policies on conduct and standards on engaging with the community, the report said.
Altheimer denied making threats, according to a Tacoma police report. Troyer said in his interview with police that Altheimer did not threaten him, despite his statements to a 911 operator, 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. Moran’s report said there was no proof to Troyer’s claim that the driver, Sedrick Altheimer, then 24, threatened to kill or harm him during the incident.
The report determined that there was no probable cause that Altheimer’s race was known when Troyer decided to get involved.
“On balance, given the totality of facts available to us, including Mr. Altheimer’s statements to the Attorney General’s staff about his movements on his route that morning, we cannot find on a more probable than not basis that Sheriff Troyer knew Mr. Altheimer’s race at the time he began to follow Mr. Altheimer’s car,” the report said.
Tacoma police declined to be interviewed for the investigation, but police reports answered most of his questions, Moran’s report said. Altheimer also declined to be interviewed. Moran requested an interview with Troyer, but his attorney declined.
“Finally, given Sheriff Troyer’s Fifth Amendment privilege against self-incrimination we had no good faith basis to subpoena him,” the report said.
The report comes soon after the state filed criminal charges against the sheriff: 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 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. He did not immediately respond for comment on the release of Moran’s report.
Altheimer filed a lawsuit against the county on Monday, 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.”
Other incidents, recommendations
Moran interviewed neighbors who had separate interactions with Altheimer while he was delivering papers.
In one instance, someone asked him what he was doing driving through the neighborhood, and Altheimer allegedly told him to “mind your [expletive] business” and to “[expletive] off.” Altheimer then got out of his car and walked to the neighbor’s car with his hand under his sweatshirt in a manner that appeared to the neighbor that he was concealing a weapon, the report said. The neighbor, who has a concealed weapons permit, pulled his firearm out and put it on his lap because he interpreted the driver’s actions to be extremely aggressive.
“From these events, we conclude that Mr. Altheimer has previously engaged in inappropriate and at times aggressive behavior when he perceives he falls under suspicion in the course of doing his job,” the report said.
Moran was asked by the council to review two other incidents between the sheriff and other people. Young said the council wanted to know if there was a pattern of concern.
In an incident on Nov. 11, 2020 at Troyer’s campaign office, he called 911 to report a car prowl he had interrupted and a “little skirmish” he had with the two suspects, the report said. He requested repeatedly that only one car was needed. Troyer said the incident was resolved by the time police arrived. Later that night, someone broke into his car and tried to take his wife’s wallet, but Troyer intervened. Troyer called the police after they left.
“We reviewed this matter because there has been some speculation that Sheriff Troyer’s action that evening may have been motivated, at least in part, because the two subjects were Black. We find no facts to support such speculation,” the report said.
The investigation also reviewed a Janunary 2020 traffic stop near Troyer’s residence. A driver told Moran he was pulled over by Troyer for flashing his headlights at a three-way intersection. The driver told Moran he had the right of way and was concerned the other driver, Troyer, would not see him coming. Troyer followed the car out of the intersection and pulled him over. The report said the sheriff cautioned the driver about flashing his high beams at cars, telling him that while it was safe to do that in this neighborhood, doing so in another place “might get him shot.”
“The point being, that while [the driver] was not particularly offended by this interaction, he stated what is perhaps the most insightful comment we heard during the course of our inquiry: “How would I feel if I were pulled over for this kind of thing and I were a Black man?,” the report said.
The investigation did not find any wrongdoing in the previous incidents.
The probe was also tasked with determining oversight recommendations to the council. Moran said that the department’s policies outline standards, but do not include violations for misconduct.
The investigation said while Troyer might be above the reach of his department’s disciplinary policies in terms of its organizational chart, he is not beyond accountability under Washington’s laws and constitution.
The investigation left further questions of accountability up to the Pierce County Superior Court, where Troyer faces the state’s criminal charges.
“Ultimately, Sheriff Troyer’s actions will likely be addressed first in the criminal justice setting. If convicted of a felony or a crime involving malfeasance in office, he could be barred from office,” the report concluded. “Outside of the criminal case that is now pending, Sheriff Troyer was elected by the public and answers to them.”
This story was originally published October 26, 2021 at 1:55 PM.
