Newspaper carrier files $5M claim against county after run-in with Sheriff Ed Troyer
A newspaper deliveryman has filed a $5 million tort claim against Pierce County over a confrontation earlier this year with Sheriff Ed Troyer in a Tacoma neighborhood.
Attorney Susan Mindenbergs filed the claim Wednesday on behalf of Sedrick Dewayne Altheimer, 24, suffered emotional distress from the “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.
The claim, which says Altheimer’s constitutional rights were violated, puts the county on notice that a lawsuit could be filed if a settlement is not reached within a time frame prescribed by law.
Troyer has repeatedly said he did not racially profile Altheimer, who is Black.
The run-in occurred Jan. 27 while Altheimer was delivering newspapers about 2:15 a.m.
Troyer has said he spotted a car driving in and out of neighboring driveways and was suspicious, so he got in his personal vehicle and went to see if he could jot down the vehicle’s license plate. He did not take his gun or badge.
Altheimer, who said the sheriff was following him, eventually stopped and asked Troyer what he was doing.
Troyer called 911 dispatchers through a phone number reserved for law enforcement and asked them to send a patrol car or two to the scene. He told dispatchers at least three times in the nearly five-minute call that a man, later identified as Altheimer, threatened him.
The call for help triggered an urgent signal to all local law enforcement that an officer was in trouble and 42 officers, deputies and troopers started to respond to the scene. Nearly all were called off after the first Tacoma officers arrived and found no danger.
Altheimer denies threatening Troyer. A police report written by Tacoma officer Chad Lawless says the sheriff told him Altheimer never made threats.
“Troyer advised that Altheimer never threatened him and he did not observe Altheimer with any weapons,” according to the police report. “Troyer described that when he confronted Altheimer at the listed address it was clear he ‘wanted to fight.’”
The sheriff told The News Tribune he never recanted his statement that the newspaper deliveryman threatened him, and the Tacoma officer must have misunderstood him when he Troyer said he didn’t want to do anything about the threat.
There is no body-camera footage of Troyer’s conversation with Lawless because the officer forgot to grab the camera off the charger in his rush to respond. Tacoma police have not yet decided whether to discipline Lawless for not following protocol by always wearing the body camera.
“When police arrived on scene, Mr. Altheimer was confronted at gun point, removed from his vehicle, frisked for weapons all while trying to explain that he was at work,” according to the claim.
Altheimer gave police permission to search his vehicle, and all they found was newspapers in the backseat.
Footage from other officers’ body cameras show a visibly frustrated Altheimer upset that so many officers responded and were not allowing him to immediately return to work. He repeatedly denied any threats were made.
“No. What am I threatening him for?” Altheimer said. “I feel threatened. I’m followed. Just because I walk up on him, I threatened him?”
The officer persisted, asking if anybody made any threats.
“Nobody made no threats. That’s a lie. If I made a threat, I’ll tell you but I didn’t,” Altheimer said. “I didn’t even go to him angry, I just wanted to know why he was following me.”
Police eventually chalked the incident up to a misunderstanding and let Altheimer return to work.
The confrontation prompted the County Council in April to hire an independent investigator, U.S. Attorney for the Western District of Washington Brian Moran, to gather facts. He has continued to collect witness statements and review documents despite a criminal investigation launched by the Attorney General’s Office.
One of the charges being considered against Troyer is criminal false reporting for telling the 911 operator Altheimer threatened him, a spokesman for Gov. Jay Inslee has said.
Troyer said he has not yet been called or interviewed by anybody conducting the criminal or county investigation.
“I welcome a complete, full and independent investigation,” he said Wednesday. “My office and I will be fully cooperative and understand the investigation is ongoing at this time and not complete.”
Altheimer has worked as a newspaper carrier for Steiner Distribution since 2015 and is “a reliable and hard worker,” the claim states. It also says he is the primary support for his children “and works hard to fulfill his obligations.”
This story was originally published June 16, 2021 at 12:39 PM.
