Jury Acquits In Seattle Firefighter Memorial Assault Case
The two former Seattle firefighters who were accused of assaulting several homeless men in March have been acquitted by a jury.
Robert Howell, 47, and Scott Bullene, 46, along with Bullene’s girlfriend Mia Jarvinen, 38, were accused of assaulting several homeless persons who were hanging around the Seattle Fire Department’s Fallen Firefighter Memorial in Pioneer Square following a Seattle Sounder’s game.
At the time of the altercation, Howell and Bullene were members of the Seattle Fire Department. According to police the attack was brutal and unprovoked, sparked by a sense of outrage that the homeless men had disrespected the memorial. Bullene was injured in an ensuing altercation when one of the homeless men stabbed him in the abdomen in self-defense.
Howell, Bullene, and Jarvinsen were charged with fourth-degree assault and malicious harassment. Howell and Bullene were terminated from the fire department last August.
The trial was held in Seattle Municipal Court and began back on November 20, 2014. The defense characterized the incident as chaotic and their clients as victims.
According to the defense the incident began when Howell observed a homeless man urinating on the memorial and took offense. Upon hearing Howell reprimanding the first homeless man, another homeless man then began simulating having sex with the statute in an attempt to provoke Howell. As words were exchanged, other men then became aggressive toward the trio which prompted them to have to defend themselves.
The jury deliberated for only two hours before returning the not guilty verdicts. Sources say that jurors cited conflicting testimony in determining that the prosecution failed to convince them beyond a reasonable doubt.
Now do they get their jobs back?
Not necessarily. To terminate an employee the burden of proof is “more likely than not”… while to convict of a crime it is “beyond a reasonable doubt”. As was the case with OJ Simpson, someone can be found not guilty under the criminal burden of proof, but be found to have committed an act under the lesser civil burden of proof. There may also be other issues as well such as prior offenses, lack of cooperation with the investigation, etc. that could bear on the decision to rehire them. Of course it may very well happen that they do get rehired… but it’s not a given.
Well, it was just a couple of homele— err, residentially-challenged persons, probably of color, and after all, they DID diss the memorial, so it’s okay.
These guys should never get their jobs back. We’re supposed to PROTECT people, not attack them, fercrissakes.
They were fired from the SFD before this even went to trial. The media created this circus and they were presumed guilty by everyone. Ends up they are not guilty and will be going to arbitration for wrongful termination. They both had stellar careers with the Dept prior to this incident. In addition they will also be asking for back pay, which they deserve. And possibly attorney fees. They will be getting their jobs back, mark my word.
They did not commit a crime. They were found not guilty. It was in the paper last week in case you did not see it. Front page!
Guest
It sounds like you have some inside knowledge
and – please – feel free to share what you know to help us gain a better understanding of what actually occurred.
For the record – just because they were found not guilty does not mean they did not commit the crime (reference OJ Simpson). Conversely just because someone is found guilty does not mean they did commit the crime (reference the thousands of people who are wrongly convicted every year).
All a “not guilty” finding means is that the jury did not believe the prosecution presented enough evidence to prove the case “beyond a reasonable doubt”.
To terminate an employee, an employer only has to prove an employee violated a workplace rule by a fair preponderance of the evidence. That is a much lower burden of proof than beyond a reasonable doubt.
So it is possible for these guys to be fired (and remain fired) even though they were found not guilty. I have no idea if that will happen or if they will get their jobs back – but the fact they were found not guilty – in and of itself – does not guaranty they will be reinstated.
Guest
I’m not in Seattle.
According to you definition, if I assaulted you in the same manner as these two did their victims, then I’ve committed no crime against you
Or would you feel differently then?
Mr618 and UKFBBUFF. Think about it. These two didn’t plead out. The city three everything at them. It was the longest trial in Seattle Muni courts history, yet the jury deliberated for less than 90 minutes. SPD officers perjured themselves on the stand and were caught. The “victim” was honest and let the jury know that neither FF ever touched him. He stated that they were never closer than 5 feet to him. As for helping, Mr618, both of these guys worked downtown and helped the homeless on a daily basis. As for their pensions, the way it works in WA is that they find their own pension, so yeah, they are going to get their pension and I hope both live long, long lives, taking much more out of it than they ever put in.