Boy rescued above waterfall not scared – at first

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Boy rescued above waterfall not scared - at firstIn this still frame made from video provided by the Snohomish County Sheriff's office Monday, May 21, 2012, a Search and Rescue volunteer works to rescue a 13-year-old boy, who had been wading in the Wallace River when he lost his footing late Saturday afternoon at Wallace Falls State Park, Wash. Officials released a video Monday of the middle-of-the-night rescue just above a 270-foot waterfall. The video, shot by a volunteer rescuer, shows the boy on a narrow, sloping rock shelf just above Wallace Falls, a popular hiking attraction northeast of Seattle. One roped-up rescuer cautiously makes his way to the boy using an aluminum ladder as a foothold, and then guides him up a rock wall to safety. (AP Photo/Snohomish County Sheriff's office)(Credit: AP)

SNOHOMISH, Wash. (AP) — A 13-year-old boy rescued at the top of a 270-foot waterfall in Washington state says he wasn’t initially scared when he fell in the water.

William Hickman says he just focused on keeping his feet pointed downstream, like a character in a book he once read. That advice may have helped save his life. The current pushed him toward a narrow rock shelf just above Wallace Falls, northeast of Seattle, on Saturday, and he was able to pull himself out to wait for rescuers.

He said that once he finished coughing up the water he had swallowed, he realized how precarious his situation was. But he figured as long as he stayed put, someone would be able to get to him. Officials released a video Monday of the boy’s dramatic, middle-of-the-night rescue.

13-year-old rescued at falls in Washington state

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SEATTLE (AP) — Swept down one waterfall and about to plunge over a much larger one, a 13-year-old boy managed to climb onto a 1-foot-wide rock in a gushing Washington state river — and then stayed there for eight and a half hours until rescuers finally saved him early Sunday morning, sheriff’s officials said.

The teen was out hiking with his father and his father’s friend at about 5 p.m. Saturday, when he began wading in the river above Wallace Falls, at a popular state park near Gold Bar, 45 miles northeast of Seattle in the Cascade foothills. The top of the falls is a steep, nearly 3-mile hike from the trailhead.

The boy slipped on some rocks, and the water carried him down a 10-foot waterfall. Just before he would have fallen over the 270-foot main attraction, he scrambled to the rock, five yards from shore.

“He was on that one rock for all those hours,” Snohomish County Sheriff’s Lt. Suzy Johnson said. “He’s a pretty lucky kid.”

Rescuers first tried to reach him by helicopter, but a rock overhang prevented them from getting a clear shot at reaching him. The first rescuer lowered down and tried to swing to the boy, but the friction from the rock ledge cut the rope, and the rescuer plunged into the river. His secondary rope kept him from going over the falls, and he made it to the river bank with only minor injuries.

Others hiked up to the scene to find the boy standing on the rock, wet and hypothermic. They threw him dry clothes and food and set up a rigging that would allow them to rescue him.

They finally got him off the rock at about 1:30 a.m. Sunday. The 10 rescuers camped with him overnight, and they were flown out by helicopter at 6 a.m.

The name of the boy, who is from the south Seattle suburb of Burien, was not immediately released. He did not require immediate medical attention but was going to be checked by a doctor later Sunday.

None of the rescuers was immediately available for an interview. The sheriff’s lieutenant said they’d been sent home for some well-deserved rest.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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APNewsBreak: Seattle police object to DOJ proposal

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SEATTLE (AP) — The Seattle Police Department is objecting to reforms proposed by the Justice Department as wildly unrealistic and expensive, according to documents reviewed by The Associated Press.

The DOJ presented its confidential settlement proposal to the city at the end of March, after finding that Seattle police regularly used illegal force, often for minor offenses. The DOJ threatened to sue unless the problems were fixed.

The AP reviewed a copy of the proposal Tuesday, which shows the DOJ wants the city to change policies, add training for officers and hire more sergeants to supervise patrol officers. The city must also agree to the appointment of an outside monitor, at city expense.

A Seattle Police analysis of the DOJ’s proposal, also reviewed by the AP, takes issue with the cost of the reforms — $41 million, according to a preliminary estimate — as well as the four- to six-month timelines for many of them. It complains that the 1-to-6 ratio of sergeants to patrol officers that prosecutors are seeking, as opposed to the department’s current ratio of 1-to-8, is not a standard found in most major city police agencies, and would take, conservatively, two to three years to accomplish.

“Plainly stated, the overwhelming majority of programs proposed by DOJ cannot be implemented in less than one to three years, if at all,” the analysis reads. “These timelines can only be described as impossible and prompt serious questions about the analytical thoroughness and organizational experience of those who proposed them.”

The DOJ’s proposal calls for reaching the 1-to-6 ratio of sergeants to officers in six months, but appears to give some flexibility by saying that before that, the city and police department should evaluate the ratio to determine whether the suggestion is appropriate.

In the first year, the analysis said, officers would be recruited and trained to fill in for promoted sergeants. The sergeant exam must be announced a year in advance, according to civil service laws, and by city rules, the exams are given every other year. Any shortcut to the rules can result in appeals, and typically no more than 20 percent of those taking the exam are promoted.

Seattle Mayor Mike McGinn is due to present his response to the DOJ’s proposal this week, which he expects will be followed by “good-faith negotiations” between the city and DOJ. If no agreement is reached by the end of the month, the city expects to face a lawsuit from DOJ on June 1.

Last week, the DOJ sued tough-talking Sheriff Joe Arpaio in Maricopa County, Ariz., over allegations that his department racially profiled Latinos. It was only the second time since the verdict in the Rodney King police brutality case and Los Angeles riots that the Justice Department filed a lawsuit against a law enforcement agency with which it was unable to reach an agreement.

McGinn first announced the cost estimate of $41 million on Monday, prompting the U.S. attorney’s office in Seattle to describe the figure as inflated. The city is facing a budget hole of about $30 million.

“The budget numbers being projected by the city are simply wrong,” Executive Assistant U.S. Attorney Thomas Bates said in a written statement Monday. “The cost of any agreement will not be remotely close to the figure cited today. We are confident that once the city understands our proposed agreement, it will conclude that what we cannot afford is further delay.”

The U.S. attorney’s office declined to comment Tuesday.

The Justice Department launched its formal civil rights investigation early last year, following the fatal shooting of a homeless, Native American woodcarver and other incidents of force used against minority suspects.

Surveillance cameras and police-cruiser videos captured officers beating civilians, including stomping on a prone Latino man who was mistakenly thought to be a robbery suspect, and an officer kicking a non-resisting black youth in a convenience store.

In December, a DOJ report found that one out of every five times an officer used force, it was used unconstitutionally. The department failed to adequately review the use of force and lacked policies and training related to the use of force, it said.

McGinn has said he agrees with many of the DOJ’s findings and has already pushed initiatives to address some of the issues raised. U.S. Attorney Jenny Durkan has said those are encouraging, but too vague to satisfy the DOJ.

The mayor has expressed some heartburn over the appointment of an independent monitor to oversee the changes, saying it could hamstring officers in some situations — for example, during a public safety emergency, such as rioting that gripped the city’s downtown on May 1. The mayor has suggested that he would not have been able to take certain actions, such as issuing an emergency order authorizing police to seize bats and long sticks from the protesters, without advance approval from the monitor.

The DOJ has disputed that — “Constitutional policing does not inhibit or hamstring the police,” Durkan said — and McGinn announced Monday that he ultimately will agree to the appointment of a monitor.

“The monitor shall not, and is not intended to, replace or assume the role and duties of the city or Seattle Police Department, including the chief of police,” the DOJ’s proposal reads.

The DOJ’s 100-page settlement proposal includes a wide array of changes.

—Officers must use “disengagement and de-escalation techniques” to calm agitated suspects or call in specialized units to reduce the need for force, and only use force proportional to resistance used by suspects;

—Officers shall not use any weapon to strike someone in the head unless deadly force is authorized;

—All uses of force, including pointing a gun at someone, must be reported;

—No force can be used against someone who merely talks back to an officer;

—New reporting requirements for investigative stops of civilians, including duration of stop and perceived race of person stopped, to collect data to ensure bias-free policing.

—An expansion of the police department’s crisis intervention teams;

—Policies to protect whistleblowers, with the presumed punishment for retaliation being firing;

—An expansion of the city’s police-review board, the Office of Professional Accountability, to include a review of whether the board should report to the mayor rather than the police department. The city maintains that many of the changes to OPA would require negotiations with the Seattle Police Officer’s Guild; according to the Seattle Police analysis, the last time changes to the OPA were negotiated, it cost the city more than $24 million in pay raises for union members.

The DOJ’s proposed settlement also calls for 40 hours of annual training for officers, sergeants and commanders on topics ranging from role-playing in proper use-of-force decision-making, use of weapons, de-escalation techniques, crisis intervention, anti-bias training and evaluating written reports. The police department believes adequate training covering all those topics would take far longer than 40 hours — perhaps 120 hours or more of training beyond the 40 hours officers already undergo every year.

That would require other officers to fill in, on overtime, for those receiving training, the department said.

The department is already operating at a bare-bones level with 520 patrol officers and average response times hovering at just under six minutes, the analysis said, and it would be “preposterous” to simply promote 54 officers to sergeant without replacing them, the analysis said.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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Seattle could face DOJ lawsuit over police reforms

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SEATTLE (AP) — Seattle’s mayor may soon have something in common with tough-talking Arizona Sheriff Joe Arpaio.

The U.S. Justice Department is threatening to sue Mayor Mike McGinn over allegations that Seattle police officers routinely use excessive force.

McGinn is due to respond this week to federal officials’ demands for reforms.

If McGinn doesn’t agree to make the changes the DOJ is asking for and agree to the appointment of an outside monitor, the U.S. attorney in Seattle says she’ll sue.

That’s the same ultimatum that drew an objection from Arpaio. He said he couldn’t stomach the idea of an independent monitor because it would undermine his authority.

Lawyer in Afghan case objects to background check

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SEATTLE (AP) — The lead civilian lawyer for a U.S. soldier accused of massacring 17 Afghan villagers in March doesn’t want to undergo a background check.

Seattle attorney John Henry Browne wrote in emails to The Associated Press on Thursday that the Army has requested that he and all civilian members of Staff Sgt. Robert Bales’ defense team undergo the check to obtain security clearances for reviewing any classified evidence.

That’s standard when classified evidence may be at issue in a case, said Lt. Col Gary Dangerfield, a spokesman at Joint Base Lewis-McChord, where Bales is based. But Browne said it is troubling that to protect his client’s legal rights, he and his associates would be subject to intrusive vetting by the government.

Bales also has assigned military lawyers who already have security clearances.

“This is an example of how much we have lost civil liberties, the prosecution gets to ‘clear’ the defense lawyer,” he wrote. “Can we ask the prosecutors personal questions, check with their neighbors, and ask about mental health, alcohol or drug problems?”

Browne noted he’d need extra space on the form to write about all seven of his marriages.

“Most offensive are personal facts about mental health, alcohol and drug use, voluntary counseling and in and out patient treatment EVER,” he wrote. “For God’s sake I did live in and through the ’60s, ’70s and ’80s!!!!”

Browne, who played bass for a rock band in college, said he had nothing to hide — “My skeletons are not in the closet, they are on the front lawn!” But on principle, he did not think he would submit to the background check.

“They say they WILL contact neighbors now and in the past as well as friends (they want details) and family members,” he wrote. “One of my family members is seriously mentally ill, why do I have to violate her privacy?”

Bales, 38, a father of two from Lake Tapps, Wash., is accused of walking off the base where he was deployed in southern Afghanistan with a 9 mm pistol and M-4 rifle outfitted with a grenade launcher. Officials say he walked to two local villages, where he killed four men, four women, two boys and seven girls, and then burned some of their bodies.

Dan Conway, a civilian lawyer and former Marine who has handled several prominent military cases, said he understood some of Browne’s objections to undergoing a background check. He said he typically trusts his military co-counsel to review classified evidence to determine whether it’s worth pushing the government to declassify it. As a last resort, he said, he will go through the background check and obtain a clearance.

“The biggest concern is this: You don’t want to have to censor yourself with the media because the government has unnecessarily exposed you to classified information,” Conway said. “If I can do anything to avoid looking like I’ve disclosed classified information, which can be a crime, I’m going to do that.”

But another civilian attorney who specializes in military cases, Colby Vokey, said he believed Browne had a duty to undergo the background check, even though it’s a “royal pain.” Vokey said he wouldn’t feel comfortable relying on military co-counsel to evaluate classified evidence.

“I think he has a duty to review anything that’s relevant,” Vokey said. “If you’re the lead counsel in a case with national security implications, like Bales, you’ve got a duty to get that clearance.”

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Johnson can be reached at https://twitter.com/GeneAPseattle

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Negotiators try to lure Wash. fugitive from bunker

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Negotiators try to lure Wash. fugitive from bunkerA sign warning of murder suspect Peter Alex Keller is seen at a trailhead several miles from where a gun-toting survivalist is suspected of killing his wife and daughter several days earlier Friday, April 27, 2012, in North Bend, Wash. Keller may be holed up in a self-made fort not far from where Seattle's outer suburbs give way to the vast recreational playground of Cascade Mountains. Police expect more people to hit the nearby trails this weekend, and deputies are warning them to steer clear of Keller if they think they see him. (AP Photo/Elaine Thompson)(Credit: AP)

NORTH BEND, Wash. (AP) — Police kept the rugged underground bunker of Washington state murder suspect surrounded for a second day Saturday as negotiators arrived by helicopter to try to coax its occupant into surrendering.

Officers still had no contact with the person inside, believed to be 41-year-old Peter Keller, a heavily armed survivalist not seen since his wife and teenage daughter were found shot to death at their home last weekend. Keller had spent nearly eight years carving the elaborate, camouflaged, multilevel bunker into the side of Rattlesnake Ridge, in the Cascade Mountain foothills

“We have our hostage negotiation teams out,” said King County Sheriff’s Sgt. Cindi West. “Our plan is to try to aggressively contact him today to try to get him to come out.”

SWAT officers who kept watch on the bunker through Friday night said they saw lights going on and off, and they believe its occupant had everything necessary to remain inside for a long time — including a generator, food, gas mask, bullet-resistant vest and many guns.

Photographs found in Keller’s home after the killings gave authorities an idea of where it was; in one picture that they enhanced, detectives could make out buildings in nearby North Bend. Combined with reports from alert hikers who remembered seeing his faded red pickup truck at the Rattlesnake Ridge trailhead, the sheriff’s office sent experienced trackers to the area, where they found off-trail boot prints confirming their belief that he was somewhere on the ridge.

SWAT teams spent a grueling seven hours on the mountainside Friday morning, virtually crawling over dangerously steep terrain slick with mud from recent rains, before they found the bunker. A number of officers were treated intravenously for dehydration, and one broke his ankle, West said.

After long shifts, the officers appeared exhausted, their faces smeared with camouflage paint, as they rode down the mountain in sport-utility vehicles or armored carriers to be replaced by fresher teams.

Authorities pumped tear gas into the structure after locating it Friday, but it failed to flush the occupant — either because it didn’t penetrate deep enough into the structure, or because the person had a gas mask.

Officers described the bunker as “amazingly fortified” and said the photos recovered from Keller’s house don’t do it justice, West said.

“It’s a very extreme tactical situation,” King County Sheriff Steve Strachan said. “Time is on our side. We’re not going to do anything rash.”

The bunker was found at about the 1,350-foot level, several hundred yards due east of a trailhead at Rattlesnake Ridge. It had several entryways and ladders.

“This isn’t a hole in the ground. It’s an elaborate structure,” Strachan said.

Court documents described Keller as a loner who has a survivalist mentality and has been stockpiling supplies in the woods.

An arrest warrant issued Wednesday accuses him of two counts of first-degree murder and one count of first-degree arson; the home was set on fire after Keller’s wife and daughter were shot.

The fire at Keller’s home was stopped before the house burned down, and authorities said they found seven gasoline cans placed in different areas of the home.

The King County medical examiner has determined Kaylene Keller, 18, and her mother, Lynnettee Keller, 41, both died from gunshots to the head. Their bodies were found in their bedrooms.

Kaylene’s boyfriend told detectives that Peter Keller had shown him his gun collection and several large-caliber rifles and handguns, court documents said. The boyfriend, who was not identified, said Kaylene had told him her father took long hikes on the weekends and was stockpiling supplies at a fort in the woods.

Peter Keller withdrew $6,200 from a bank last week and told one of his co-workers at a computer refurbishing store in Preston that he might not return, according to court documents.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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