Numerous challenges bogged down investigation into TPD officer who drove through crowd
A seven-month investigation into a Tacoma police officer who drove through a crowd at a downtown street race was riddled with challenges, one of which was that some victims appeared to be breaking the law when they were injured, records say.
The Pierce County Force Investigation Team was called in Jan. 23 after Tacoma officer Khanh Phan drove through a group gathered to watch a street-racing meetup that drew more than 100 people who were blocking the intersection at South 9th Street and Pacific Avenue.
Phan struck six people and ran over one man, who suffered a partially collapsed lung and leg pain.
“Several of the victims provided detailed and credible accounts of certain events while giving evasive, questionable testimony about their own involvement,” Puyallup police detective Ken Lewis, the lead investigator, wrote in a police report. He added that it “clearly impeached their testimony.”
The team released its 900-page investigation to The News Tribune late last month.
Phan told investigators he couldn’t see behind him so he decided to drive forward. Phan was scared and fearful for his life because people were screaming and banging on his patrol car, according to police reports.
PCFIT said many of the victims and witnesses being involved in possible criminal activity related to street-racing was one of eight challenges to investigating the incident.
Detectives said one victim refused to speak with them because he had warrants out for his arrest. Another allegedly claimed not to notice any street-racing despite the billowing smoke and cheering spectators, but clearly described Phan driving through the crowd. Two other victims said they weren’t involved in the meet, but video allegedly showed otherwise.
In one case, investigators obtained a search warrant compelling Tavon Williams, who said he was hit by the patrol car, to turn over his cell phone. The man’s attorney advised him not to comply.
“Is Puyallup PD trying to investigate whether a TPD officer should be criminally prosecuted for excessive force? Or is your investigation more focused on the prosecution of illegal street racing? It is important to remember that Mr. Williams is a victim in this matter, and to be frank, I am shocked that he is not being treated like one,” attorney Joshua Brumley wrote in a Feb. 18 email.
No one has been arrested or charged in connection with the incident, which shone a spotlight on street-racing in the region.
Law enforcement agencies highlighted the escalating violence by those gathered to watch and participate in street races. City officials cracked down on the events by increasing fines and putting up “no racing zone” signs. Pierce County formed a task force to address street racing and exhibitions. The Pierce County Force Investigation Team looking into the officer’s actions also investigated people who were watching as cars did doughnuts in the intersection.
“Though the PCFIT triggering event was Officer Phan’s vehicle actions related to the crowd, it was recognized that the potential crowd behaviors and tactics of the ‘street racer’ crowd were contributory to the event,” investigators wrote in a summary of their investigation.
Another obstacle to the investigation they had to contend with was dealing with attorneys, records say.
They were not allowed to speak with an ambulance crew who responded that night until they got a search warrant compelling information and ordering the company that owns the ambulance to make the crew available for interviews. It took the attorney another two months to arrange a 30-minute video conference, records say.
Social media also made the investigation difficult because the viral videos of Phan driving through the crowd colored people’s perceptions and their statements.
“In addition, the wide posting of materials on news and social media creates an atmosphere of ‘trial by public opinion’ rather than an objective investigation led by facts,” Lewis wrote in the summary. “In this case, many people (including media) formed and expressed opinions while investigators strove to collect only pertinent facts for legal review.”
Other challenges PCFIT said the case presented were:
▪ The time-consuming and “tedious” task of sorting through more than 100 gigabytes of data.
▪ Business owners and witnesses being too afraid of protesters retaliating to speak with law enforcement.
▪ The large number of people who were involved or witnessed the incident.
▪ Phan not giving an immediate statement to help them know what evidence to look for.
▪ Recent laws requiring an independent investigation into police deadly force that made communication between PCFIT and officers in the involved agency “cumbersome.”
“Accepting of the fact that the process is driven by state mandates, investigators are learning to accept time delays, miscommunications, and channels of communication that require the involvement of more personnel within each agency’s chain of command,” according to the team’s summary.
Investigators presented their findings to the Pierce County Prosecutor’s Office on Aug. 18. It will take about six months for prosecutors to review the information and decide whether Phan should face criminal charges.
PCFIT does not make recommendations, but detectives pointed out that the Washington State Criminal Justice Training Commission does not address or teach officers how to deal with a situation like having a crowd surround a patrol car. They also pointed to a bulletin issued by Tacoma police weeks before Phan’s incident that advised street racers were armed and several had been caught with handguns.
Two incidents were highlighted: street-racing participants breaking out windows near Tacoma Mall and a September 2020 incident when a street-racing crowd swarmed and attacked patrol cars at Port of Tacoma.
There were also references to how the crowd behaved toward law enforcement officers on Jan. 23.
Video footage shows people moved aside to allow a fire engine through the intersection, but huddled together and yelled, “Block the cops!” when Phan arrived on scene.
“Although the primary purposes of the PCFIT investigation revolves around the actions of the involved officer(s), the team recognized that officers’ reactions were based on the actions of others,” Lewis wrote.
