Topics
Creach shooting
Summary
Spokane County Prosecutor Steve Tucker will not bring charges against a sheriff’s deputy for fatally shooting an armed Spokane Valley pastor Aug. 25, 2010.
Tucker said Jan. 21, 2011, his decision in the shooting of Wayne Scott Creach came down to this fact: Deputy Brian Hirzel has more protection under the law than the average citizen.
“As soon as you feel you are in imminent danger, like drawing a gun, you are allowed to use deadly force,” Tucker said. Hirzel “was the only witness we had.”
It is one of the most controversial police shootings in Spokane County in years.
The Spokane Police Department, which was asked to investigate the shooting of the 74-year-old nursery owner, released its 733-page investigative file on Sept. 16. The file made no recommendation on whether the shooting was justified or if criminal charges should be filed against Hirzel, who is assigned to the Spokane Valley Police Department.
However, Tucker said state law clearly states that a person must follow a lawful order from police. “When an officer asks you to drop a weapon, you drop it,” he said. “Even in the Old West, if a deputy sheriff comes up on an outlaw and says ‘Drop the gun,’ you drop the gun or a gunbattle starts.”
Creach’s son, Alan Creach, has said his father was well within his rights to carry a gun to protect his property, as he had done for years.
Creach, who had gone to check on why a car was in his parking lot so late at night, died shortly after Hirzel shot him once in the chest during an encounter in the parking lot of the Creach family’s nursery and greenhouse complex at 14208 E. Fourth Ave.
Hirzel was in uniform but driving an unmarked patrol car that he had pulled into the nursery lot to watch for prowlers in the neighborhood. The 18-year law enforcement veteran said he was writing up a collision report about 11:07 p.m. when he saw the shirtless Creach approach with a gun in his right hand and a flashlight in his left.
Though no witnesses heard him, Hirzel said he ordered Creach five or six times to drop the gun. He said Creach replied that he didn’t have to and instead put the .45-caliber, semi-automatic pistol in his back waistband.
Hirzel said he ordered Creach to the ground, but the older man refused, and the deputy struck Creach in the leg with his baton using a backhand swing. Hirzel said Creach then reached for his gun and Hirzel fired when he saw the butt of the weapon.
Right after the shooting, Hirzel was allowed to take a scheduled vacation to Montana and Las Vegas – a fact that wasn’t revealed to the public for several days, and which prompted a public outcry. Nine days passed before detectives interviewed Hirzel about the shooting, and by then the deputy couldn’t recall several details about the fatal encounter, such as how close he was to the pastor when he shot him; how it happened that his patrol car’s spotlight was turned on and pointed in Creach’s direction; and whether his request for backup was made before or after the baton strike.
Sheriff Ozzie Knezovich said Hirzel was willing to talk the night of the shooting, but investigators were concerned about violating policies prohibiting interviews in critical incidents like officer-involved shootings within the first 72 hours. On Sept. 30, Knezovich announced a reversal of that practice, saying investigators probing officer-involved shootings no longer will be required to wait three days before interviewing employees of the sheriff’s office.
Key people
-
Scott Creach
Wayne Scott Creach, 74, a Spokane Valley pastor and owner of a plant nursery, was shot and killed by a police officer on Aug. 25, 2010. Gun in hand, Creach approached the Spokane County sheriff’s deputy in the parking lot of his business, the Plant Farm. The deputy fired once and hit Creach in the chest. The memorial service for the slain pastor was held at Greenacres Baptist Church, which Creach founded. He was survived by his wife, Imogene, and their three children. Creach was laid to rest in Oklahoma where he spent his childhood.
-
Brian Hirzel
Deputy Brian Hirzel had been with the Spokane County Sheriff’s Office for two years, assigned to the Spokane Valley Police Department, when he shot and killed Wayne Scott Creach on Aug. 25, 2010. Hirzel, who lives in Hayden, worked 13 years as a law enforcement officer in Cathedral City, Calif., near Palm Springs. While working there, he was involved in a fatal encounter in which he reportedly used a controversial chokehold on an individual who later died. Hirzel also spent three years as a deputy for Kootenai County. He was hired in 2008 by Spokane County, which has a contract to provide deputies to serve as police officers for Spokane Valley.
Key places
-
The Plant Farm
The Plant Farm is a sprawling nursery and greenhouse complex in Spokane Valley. It’s owned and operated by the family of the late Wayne Scott Creach. The property, at 14208 E. Fourth Ave., includes the business as well as the home that Creach shared with his wife, Imogene. Scott Creach routinely carried his .45-caliber pistol on his property and was known by police to hold theft suspects at gunpoint until officers could arrive. The Spokane County Sheriff’s Office documented 21 contacts that deputies had with Creach or his business over the past five years.
Latest updates in this topic
Spokane Deputy Brian Hirzel fired for misusing patrol car
A Spokane County sheriff’s deputy cleared of wrongdoing in the fatal shooting of a Spokane Valley pastor in 2010 has been fired for improperly using county-owned vehicles. Brian Hirzel, of …
Clark: Creach dispute should have been settled in court
Sometimes what passes for justice around here is just nuts. The recent settlement in the shooting death of a Spokane Valley pastor does nothing to invalidate my thesis.
Police won’t say if suspect was armed
Law enforcement officials are refusing to say whether a man killed by deputies Wednesday was armed when he was gunned down in his girlfriend’s backyard in Spokane Valley, though the …
Creach family files civil rights lawsuit
The family of a Spokane Valley pastor killed last year by a sheriff’s deputy has filed a federal civil rights lawsuit. The lawsuit filed Friday by the family of Pastor …
Creach family seeks millions
The family of slain Spokane Valley pastor Wayne Scott Creach has filed a $14.7 million wrongful death claim against Spokane County, which is the first step in filing a civil …
Creach family files $15 million claim against county
The family of slain Spokane Valley pastor Wayne Scott Creach has filed a $14.7 million wrongful death claim against Spokane County, which is a necessary prelude to filing a civil …
No disciplinary action for deputy who shot pastor
The deputy who shot 74-year-old Wayne Scott Creach will face no disciplinary action after being cleared in an internal investigation examining his compliance with departmental policy and procedures during the …
Clark: Unmarked police car bill solves no one’s problems
I’ve long held the belief that if Olympia’s electricity came from brainpower the Statehouse would be in a perpetual gloom. Even so, I’m confident there’s still enough wisdom at the …
Creaches want all cars marked
No one has lost more from the August shooting that killed a Spokane Valley pastor than Imogene Creach. The widow of 74-year-old Wayne Scott Creach stood among family members Wednesday …
Washington bill addresses unmarked patrol cars
Two Republican lawmakers from Spokane Valley want to bar law enforcement officers from parking unmarked police cars on private property for routine matters.
Slain pastor’s sons push for new laws
The sons of slain pastor Wayne Scott Creach have taken their quest for justice to the state Legislature. Alan and Ernie Creach, and the Freedom Restoration Project, a gun rights …
Clark: Tucker made right call in a sad case
So the verdict is finally in. Spokane County Prosecutor Steve Tucker will NOT charge the sheriff’s deputy who shot and killed an elderly Spokane Valley pastor last August.
Creach case hinges on self-defense claim
In principle, it seems clear that a 74-year-old pastor on his own property should not die as a result of an encounter with law enforcement, as Wayne Scott Creach did …
Example guides new head pastor after fatal shooting
The Rev. Eric Walsh was living in McKenzie, Tenn., when he heard in late 2009 about an opening at Greenacres Baptist Church in Spokane Valley. Walsh got the job, and …
Recent police shootings raise notion of inquests
Nearly four months after their father was shot to death by a deputy sheriff in Spokane Valley, sons of Wayne Scott Creach are still looking for answers. Police detectives investigating …
Deputy cleared over sex toys business
The deputy who shot a Spokane Valley pastor will not face discipline for failing to disclose his co-ownership of a business that sold sex toys online. Spokane County Deputy Brian …
Deputy won’t be disciplined for wife’s sex-toy business
The deputy who shot a Spokane Valley pastor will not face discipline for failing to disclose his co-ownership of a business that sold sex toys online.
Police investigate burglary at Creach son’s house
Spokane Valley police were searching Wednesday for at least three intruders who ransacked the home of Ernie Creach, son of slain Spokane Valley pastor Wayne Scott Creach. Ernie Creach said …
Creach home burglarized
Spokane Valley police were searching Wednesday for at least three intruders who ransacked the home of Ernie Creach, son of slain Spokane Valley pastor Wayne Scott Creach.
Deputy in probe shot dog, spurring lawsuit
The deputy under investigation for shooting a Spokane Valley pastor was sued in California after he shot the dog of a woman who was performing CPR on her dying husband. …
Officers making life or death decisions in an instant
Facing the muzzle of a gun, a Spokane County sheriff’s deputy said he had one immediate thought: death. Ryan Walter squeezed off eight rounds at the gunman, Donald J. Lafavor. …
Decision on Creach shooting charges unlikely before election
Spokane County Prosecutor Steve Tucker is asking voters for another four years in office at the same time he is trying to decide whether to bring charges in a controversial …
Prosecuter receives Creach autopsy
The autopsy report of pastor Wayne Scott Creach has been turned over to Spokane County Prosecutor Steve Tucker, but it does little to answer many of the family’s questions. Creach’s …
Sheriff drops the wait in shooting probes
Investigators probing officer-involved shootings will no longer be required to wait at least 72 hours before interviewing Spokane County Sheriff’s Office employees. Sheriff Ozzie Knezovich announced the change Thursday, ending …
Sheriff ends 72-hour rule
Investigators probing officer-involved shootings will no longer be required to wait at least 72 hours before interviewing Spokane County Sheriff’s Office employees.
Creach son questions Valley police contract
The son of pastor Wayne Scott Creach, killed by a Spokane County sheriff’s deputy last month, urged the Spokane Valley City Council on Tuesday to change its police services contract …
Sheriff releases tapes of dispatches after pastor’s shooting
The Spokane County Sheriff’s Office released the 911 and police dispatch tapes Monday documenting Deputy Brian Hirzel’s transmissions surrounding his fatal shooting of Spokane Valley pastor Wayne Scott Creach. The …
Deputy’s order to Creach to drop gun was lawful
Although the Constitution gives citizens the right to bear arms, state laws passed since then dictate how citizens can legally carry and use weapons. Spokane County Prosecutor Steve Tucker and …
When police issue order, only legal choice is to comply
Although the Constitution gives citizens the right to bear arms, state laws passed since then dictate how citizens can legally carry and use weapons. Spokane County Prosecutor Steve Tucker and …
Police report details pastor’s shooting
Deputy Brian Hirzel told investigators that he feared for his life before he fired the shot that killed Pastor Wayne Scott Creach. The 733-page investigative file released Thursday by the …
Prosecutors reviewing Creach shooting probe
The investigation into last month’s police shooting of a Spokane Valley pastor and businessman has been completed and turned over to county prosecutors for review, authorities said today. Investigators have …
Newspaper request on deputies identities under review
Spokane County Sheriff Ozzie Knezovich said Wednesday morning that he was in the process of releasing the identities of deputies who responded over the past five years to crime reports …