Pubdate: Thu, 24 Jul 2003
Source: Spokesman-Review (WA)
Copyright: 2003 The Spokesman-Review
Contact:  http://www.spokesmanreview.com/
Details: http://www.mapinc.org/media/417
Author: Thomas Clouse, Staff writer

BRAGDON ASKS LENIENCY FOR EX-COP

Man Guilty of Drug Charges

Spokane Police Chief Roger Bragdon and the county's former prosecutor
have asked a judge to go easy on a former narcotics deputy who pleaded
guilty to using and dealing drugs.

Bragdon and former Prosecutor Don Brockett were among a couple dozen
people who sent letters in support of James L. Crabtree at the request
of his father, Chuck Crabtree, a former Spokane police captain.

James Crabtree, 42, pleaded guilty in June to using and selling crack
cocaine for months while he was awaiting trial on vehicular assault
charges.

In that case, Crabtree crashed head-on into the patrol car of
sheriff's Sgt. Earl Howerton -- with whom he worked in the early
1980s. A state trooper found a crack pipe on the floor of Crabtree's
car.

The Dec. 16, 2001, accident on Bigelow Gulch Road crushed several
bones in Howerton's legs, requiring months of rehabilitation and
ending his career of chasing criminals.

Brockett's letter asked Superior Court Judge Greg Sypolt to reduce by
half the five-year sentence being sought by deputy prosecutor Clint
Francis.

Crabtree "did lay his life on the line for some number of years,"
Brockett said in a telephone interview late Wednesday. "He should be
given some credit for that. I'm not suggesting that he be totally free."

Francis questioned the motivations of Bragdon and Brockett in sending
the letters.

"I worked for Don for 10 or 12 years," Francis said. "I wouldn't
characterize him as soft on crime. But this sure looks that way."

A Spokane County sheriff's official, who spoke only on the condition
of anonymity, said the letters crossed the line.

"I wonder if Bragdon would have wrote that letter if it was one of his
officers who almost got killed," the official said.

Bragdon's secretary and police spokesman, Dick Cottam, said the chief
could not be reached until Friday. Several sources refused to provide
The Spokesman-Review with a copy of Bragdon's letter.

Cottam said Bragdon's letter does not support Crabtree -- it supports
Crabtree's family.

"In the letter ... while he is not supporting drug dealers or users,
he is supporting the families who are victims of their actions,"
Cottam said. "It has nothing to do with" James Crabtree.

But Crabtree's attorney, Phillip "Dutch" Wetzel said Bragdon's letter
does support his client.

James Crabtree "has very generous support among several members of the
community," Wetzel said.

According to court documents and sources, Crabtree bragged to a
confidential drug informant this spring that he was a former cop and
he was looking to sell some crack.

Four times in April, that informant purchased crack cocaine from
Crabtree at his home, according to court records.

Four days before his scheduled trial for the Howerton crash, sheriff's
detectives arrested Crabtree on four counts of delivery of crack cocaine.

Crabtree has since pleaded guilty to all four delivery charges, two
charges of possession of cocaine and vehicular assault.

Crabtree, who worked as a deputy from 1982 to 1987, has a number of
traffic infractions on his record and was granted a deferred
prosecution on a drunken-driving charge filed in November 1997.

That case was later dismissed after Crabtree -- who worked undercover
drug cases -- paid his fine and received alcohol counseling.

On Wednesday, a crowd of current and former police officials packed
Sypolt's courtroom for the scheduled sentencing on the drug and
vehicular assault charges.

But the hearing was postponed until Wednesday after Wetzel introduced
a witness to testify about the possible retribution Crabtree might
expect in prison.

"I would anticipate that the conditions would be much more harsh than
that of a typical person," Wetzel said. "I'm asking the judge to
consider that."

In his letter, Brockett speaks to the same concern.

"I was always concerned as prosecutor that a sentence of a former law
enforcement officer to prison was a potential death sentence,"
Brockett wrote, "and since no one receives that sentence even for
murder, it would be unfair for one who has committed crimes such as
these to be so treated."

Francis said being a former deputy "absolutely" should not be a
consideration in sentencing.

"If you can't do the time, don't do the crime," Francis said, quoting
Robert Blake, the former star of the TV show "Baretta." "Just step up
to the plate and be a man about it."

Brockett doesn't agree with Francis that his letter is a reversal of
his stance on punishing crime.

"I don't think it's not being tough on crime to take into
consideration all the circumstances around a person." Brockett said.
"I would say the same thing about a deputy prosecutor if they got into
trouble."

As for Howerton, he now trains other officers in self defense. The
42-year-old, who has just started walking without pain, probably will
remain on light duty for the rest of his career.

"I don't play basketball anymore. I don't run track anymore. But I can
swim," he said.

Howerton plans to testify about his feelings next week.

"People are entitled to support who they want," he said, referring to
the Bragdon and Brockett letters.

"It doesn't have any bearing ... about the impact this has had on my
life, career or family. I'm not even going to address that issue."
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