Shepherd faces a review by the SPD’s Office of Professional Accountability to determine whether his actions fell within department policy. He could be disciplined or fired, but would not face jail time or other criminal sanctions.
His attorney, Eric Makus, said his client is anxious to return to work. “He is pleased that he has been exonerated from any wrongdoing,” Makus said.
The department said Shepherd will remain on administrative leave pending the internal investigation.
The incident was caught on in-car video, and its almost six-month investigation has been a hot potato for prosecutors and law-enforcement officials alike. The SPD turned its investigation over to the Washington State Patrol (WSP), which recruited the director of training at the state police academy, Robert Bragg Jr., to review the video and its investigation.
He concluded that Shepherd’s actions were inappropriate, inconsistent with best practices and inflicted unnecessary injuries to the woman...
Additionally, the police officer lied. He wasn't kicked and charges against the woman were dropped.
The Washington State Patrol found that it was not clear whether Durden-Bosley’s kick connected with the officer, even after the video was enhanced by the FBI and a private video company.
Shepherd and Durden-Bosley were both treated at Harborview Medical Center, where State Patrol investigators later served a search warrant for medical records.
After the kick, Shepherd is heard on the video saying, “My jaw is jacked,” and complained of soreness in his jaw and a shooting pain in his face. However, the records obtained from Harborview showed “no obvious injury.”
In approving the search warrant, King County Superior Court Judge Sean O’Donnell found, based on an affidavit by a State Patrol investigator, that there was probable cause to believe Shepherd committed the crime of felony second-degree assault.
Durden-Bosley was taken to jail after her injuries were treated, and she spent four days in jail for investigation of assaulting a police officer before the case was dismissed.
