William Wingate, 70, likes to go for walks. He uses a golf club as a cane. On July 9, 2014, SPD Officer Cynthia Whitlach pulled over her squad car where Wingate was waiting at a crosswalk, got out, and ordered him to put down his golf club. He asked why, and she said, “Because it’s a weapon.” When he disputed that she said, “you just swung it at me.” That’s a lie; he did nothing of the sort, and her own dashcam video proves it. But she arrested him, filed her police report, and he was charged with a misdemeanor and spent a night in jail. A municipal judge eventually threw out the charges against Wingate. Now, he’s is suing the city. But paying him a settlement won’t be enough; SPD should fire Whitlach.
But after investigating the incident, SPD brass only gave Whitlach verbal counseling. Are they kidding? That’s not even a slap on the wrist. Under RCW 9.62.010, maliciously arresting someone is a crime. Whitlach should be prosecuted, but won’t be. A lying cop who frames an innocent citizen should be kicked off the force, but she won’t be.
Many of us hoped things would change under Seattle’s new police chief, but it’s not off to a good start.
America’s policing is in crisis. Across the country, police are out of control. In many citizens’ minds the police are an enemy to be feared. This incident, unfortunately, is increasingly typical of how police behave toward the citizens they’re supposed to serve and protect. Especially minorities.
Mr. Wingate has never been in trouble with the law. He was minding his own business, in a place where he had a right to be, doing what he had a right to do, and wasn’t a threat to anyone. There was no incident until Officer Whitlach conjured one from thin air and whole cloth.
Did she racially profile him? That seems likely. I say this, not because racial profiling by police is common, but because Officer Whitlach was caught posting a racist comment on Facebook. (See screen grab image below.)
Whitlach also was one of the 123 Seattle cops who sued for the “right” to use more force against citizens than allowed under the new guidelines worked out between the Seattle Police Department and the U.S. Department of Justice. Seeking redress in the courts is a right of every American, but this lawsuit is another symptom of the out-of-control mentality of police officers who want to be above the law, immune from the law, and answerable to no one. They have a right to their opinions, but they don’t have a right to be cops. In my opinion, this mentality makes them unsuitable for police work.
Oliver Wendell Holmes, one of our greatest Supreme Court justices, famously said, “Even a dog knows the difference between being kicked and being stumbled over.” Dogs have better judgment about when to bite than some cops. Whitlach was neither kicked nor stumbled over. Wingate was an innocent citizen who only wanted to go on his harmless way. He was kicked, not stumbled over; this wasn’t an honest mistake by a hardworking cop. Whitlach is a lying cop who filed a malicious false charge against an innocent citizen. Cops like her erode public trust in the police. Because that trust is essential and should be considered inviolable, the SPD should fire her.
Update: The Seattle Times reported today that both Mayor Ed Murray and Police Chief Kathleen O’Toole have taken actions in this case. The mayor issued a statement that he’s “very disappointed” by Officer Whitlach’s “concerning” actions, and Chief O’Toole is “shocked and disappointed” by what happened and reassigned Officer Whitlach to desk duties pending a review of a review of her conduct. The mayor also directed a review of SPD’s protocols for handling similar incidents. These are good steps in the right direction. Meanwhile, Mr. Wingate has filed a $750,000 claim against the city as a precursor to a lawsuit.
Mayor Murray said, “We must do more to reform our system to restore the public’s trust in our police department so that everyone feels safe in our communities.” That’s absolutely right, he hit the nail on the head. But he and Chief O’Toole can’t just talk, they also have to “walk the walk,” and that remains to be seen.
Second Update: The Seattle Times reported on January 31, 2015, that Officer Whitlach’s ex-girlfriend accused her of stealing marijuana from police evidence for personal use in 2005. Whitlach denies this accusation, which potentially could subject her to a felony prosecution.
http://seattletimes.com/html/localnews/2025587133_newallegationxml.html
And that’s not all! The Stranger reported on January 30, 2015, that a female Metro bus driver has come forward and accused Officer Whitlach of harassing her several years ago because the driver complained to Whitlach about habitually parking her squad car in a bus zone, which interfered with the driver taking bathroom breaks. The driver complained to SPD about Whitlach’s aggressive behavior at the time, but no action was taken. William Wingate, the man with the golf-club cane, is a retired Metro bus driver.
Photo and video credits: The Stranger
I was outraged after hearing about and watching the video of Officer Cynthia Whitlach antagonizing this older gentleman. She was not professional, screaming at William Wingate to put down a golf club that he never raised far off the ground. Officers like this are embarrassing to police everywhere. It seems that this woman needs a different job as well as anger management. Fire Cynthia Whitlach and mark her record so that she can never be a police officer again.
It seems to me that we need an addition to the criminal code. Cops who misuse their authority should be tried I court.