Sheriff Troyer Investigation Moves Forward In County Council

PIERCE COUNTY, WA — The Pierce County Council has signed off on an independent investigation into the conduct of Sheriff Ed Troyer.

At the council's regularly-scheduled meeting Tuesday, council members unanimously approved a motion directing their staff to prepare a contract and hire an independent investigator to review Troyer's recent conduct.

The council says they intend to hire Seattle law firm Orrick, Herrington & Sutcliffe to helm the investigation, particularly the firm's partner Brian Moran, a former U.S. Attorney for the Western District of Washington. Moran has not yet agreed to a contract.

Troyer, who was elected sheriff in November, has been under heavy scrutiny following a recent report by the Seattle Times, which detailed a Jan. 27 incident in which Troyer called a priority police response on a Black newspaper delivery driver.

The driver had been delivering papers as he did normally, five nights a week. As a result of Troyer's call, more than 40 officers were initially dispatched to the scene, though many were quickly recalled.

Audio of Troyer's 911 call has the Sheriff saying the driver, Sedrick Altheimer, had threatened his life, but when later interviewed by Tacoma police about the incident, Troyer claimed he and Altheimer had never spoken. According to the Times, Troyer made several other contradictions in his statements about what happened that night.

Altheimer was frisked by officers and his car was searched before he was allowed to continue his route. However, he told the Seattle Times he felt he had been racially profiled.

The Pierce County Council has said that any review into Troyer's behavior that night will need to determine a few key findings:

• First, a full accounting of what did, and did not, occur on the night of Jan. 27, including the police response, how the incident was investigated after the 911 call, and resolving "disputed facts and versions" of the night's events. This also includes determining the motivations and states of mind of everyone involved, including potential biases and prejudices, the council said.
• Determine if Troyer misused his authority as Pierce County Sheriff, violated any sheriff's department policy or violated any criminal law.
• Finally, an investigation into Troyer's past conduct to determine if there is a pattern of similar incidents. In particular, the council cites a similar Nov. 11, 2020 incident in which Troyer reportedly called a priority response on two Black men outside his campaign office during his run for sheriff.

The council also says the investigator should consider Troyer's response to the death of Manuel Ellis. Ellis, a Black man, was killed by Tacoma police in March 2020. Investigators say he choked to death while being restrained by several officers. Washington state law requires deadly use-of-force incidents to be investigated by independent law enforcement agencies. The Pierce County Sheriff's Department was initially tasked with investigating his death, until it was discovered, months into their investigation, that they had had a deputy on scene when Ellis died, creating a conflict of interest. At the time Troyer had served as the Public Information Officer for the sheriff's department, and his handling of the case has drawn criticism in the past.

"The Pierce County Sheriff’s Office did everything they could to back the Tacoma Police Department," James Bible, attorney for the Ellis family told the Seattle Times. "They worked hard to be in a place where they created a false narrative in relation to what happened to Manny Ellis on that night."

The Ellis investigation was ultimately given to the Washington State Patrol, and is now being reviewed by the Washington State Attorney General's Office.

Once those cased have been reviewed, the Pierce County Council says the investigator would need to determine if there was a misuse of authority, deviation from standards, or any violation of policy or law, and how Troyer could be disciplined. They'd also help craft recommendations for new oversight protocols to prevent similar incidents from reoccurring.

Still, it remains unclear what discipline, if any, would be possible. Because Pierce County Sheriff is an independently elected position, other county leaders do not have direct authority over Troyer. To the north, King County recently grappled with that issue: in November voters passed a charter amendment making the King County Sheriff an appointed position, who could be removed by the King County Council.

Troyer has consistently denied allegations of racism, and says he welcomes any independent review into his conduct. In a recent op-ed for the Tacoma News Tribune, Troyer said he had been meeting with local Black leaders in what he called a "learning experience" and promised to do "a better job of listening".

"I fully support a fair, open and honest investigation into all events over the past year involving me, including the investigation of Manny Ellis’ death in Tacoma police custody," Troyer wrote. "I will fully cooperate with this investigation as will all members of the Sheriff’s Department, and I look forward to the findings. As your elected sheriff, I am accountable to you."