Spokane police officer who kicked handcuffed man in genitals is de-certified by state

A Spokane Police officer who kicked a handcuffed man in the genitals in 2019 had his officer certification revoked by the state this summer.

Former officer Kristofer Henderson, who was fired in 2020 over the incident, was decertified as a peace officer in Washington following a hearing from the state’s Criminal Justice Training Commission in July. It means he is no longer hirable as a trained officer in Washington.

“It shows the seriousness of the allegations and reinforces the steps the chief made at the time for termination,” Spokane Police Ombudsman Bart Logue said Wednesday.

Five years ago, Henderson was dispatched as backup to a pursuit of then 23-year-old Anthony Belcourt. Belcourt abandoned his car in the middle of the road and barricaded himself inside his home in north-central Spokane, claiming he had weapons inside, according to previous reporting from The Spokesman-Review.

Documents from the criminal justice commission describe the scene as “chaotic” – a woman was screaming at police officers, and a dog was barking loudly. Belcourt later dropped onto his stomach in front of police and put his hands behind his back as law enforcement yelled conflicting statements at him, such as to stand up or stop moving.

Belcourt was handcuffed and raised to his feet. When he twisted his body away and shuffled his legs, Henderson kicked Belcourt in the groin, said, “There you go,” and cussed at him, documents say. In body camera video, Belcourt is heard yelling in pain, according to previous reporting.

Commission documents say Henderson’s reasoning for kicking Belcourt was because, “the suspect was particularly large, upset, and intoxicated, he was still fairly physically capable; further, they needed to thwart attacks, and the officers were struggling to control him, even with handcuffs.”

But the commission panel wrote in its decertification decision that Henderson was found to have filed a false police report afterward that mischaracterized the kick, that the kick itself was “punitive and retaliatory,” and that Henderson lied to former police Chief Craig Meidl about it.

Meidl officially fired him in April 2020.

Ombuds reports following the termination indicate the department’s investigative panel made up of supervisors did not believe striking a suspect in the groin while handcuffed violated the department’s policy, mostly because the “policy was unclear.”

To find the kick a reasonable use of force, the panel had to deem the action an “exceptional technique.” The department’s policy defines the exceptional technique as one that isn’t provided by the department as tools or methods to use, but rather an improvised action to respond to “rapidly unfolding conditions.” Those exceptional techniques also have to accomplish a reasonable and legitimate purpose, the policy states.

The investigation into Henderson’s conduct by the department after the incident was also largely flawed, Spokane Police Guild President Det. Dave Dunkin said.

“There wasn’t a good IA investigation done, and there were issues with the (review panel),” he said.

At the time, the guild “fought” Henderson’s termination, or filed a grievance. Dunkin said it’s extremely rare to file grievances over discipline or termination, but the guild felt it had no choice. Meidl had brought in “new” evidence against Henderson, accusing him of lying about the incident, after the investigation had concluded. The accusations violated Henderson’s employment rights, Dunkin said.

“We were stuck in a rock and a hard place because of how the department had poorly handled it, so we were forced to grieve the termination,” he said. “It’s frustrating … The public needs to be able to trust your work and your officers. The guild doesn’t want to grieve termination or discipline.”

For example, Dunkin said, the guild did not file a grievance against the termination of former officer Bradley Moon, who was fired after he placed a “Let’s Go Brandon” sticker on the back of his police car and lied to investigators about it.

“The department met the bar” when it came to a thorough investigation, Dunkin said.

In 2019, Logue’s office recommended the department step away from labeling and defending certain situations as an “exceptional technique.” Logue said he was notified this week the department is now trying to follow through with that.

The Washington State Criminal Justice Training Commission did not respond for comment Wednesday.