Incident report and footage of Michael Forest Reinoehl shooting (Department of Corrections)

CJ Ciaramella filed this request with the Department of Corrections of Washington .
Tracking #

P-15522

Multi Request Incident report and footage of Michael Forest Reinoehl shooting
Status
Completed

Communications

From: CJ Ciaramella


To Whom It May Concern:

Pursuant to the Washington Public Records Act, I hereby request the following records:

- all incident reports, weapon discharge reports, or use-of-force reports filed by officers or agents involved in the Sep. 3, 2020 shooting of Michael Forest Reinoehl in Lacey, Washington.
- any body camera footage or still photographs taken by officers or agents related to the Sep. 3, 2020 shooting of Michael Forest Reinoehl in Lacey, Washington.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

CJ Ciaramella

From: Department of Corrections

September 15, 2020

CJ Ciaramella
requests@muckrock.com<mailto:requests@muckrock.com>

CJ:

I am writing to acknowledge receipt of your request on September 8, 2020. You are asking for the following:

- all incident reports, weapon discharge reports, or use-of-force reports filed by officers or agents involved in the Sep. 3, 2020 shooting of Michael Forest Reinoehl in Lacey, Washington.
- any body camera footage or still photographs taken by officers or agents related to the Sep. 3, 2020 shooting of Michael Forest Reinoehl in Lacey, Washington

If this is incorrect in any way please let me know. Please note that the Washington State Department of Corrections is looking for whatever records may be responsive that we have in our possession. Any other agencies involved in this incident will need to be contacted directly for whatever records they may have. For future reference, your request has been assigned tracking number, P-15522. You can expect further response within 20 business days, on or before, October 13, 2020.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)
(360) 810-1130 (cell)

From: Department of Corrections

October 13, 2020

CJ:

I am writing in follow up to my previous response to you dated September 15, 2020 regarding your public records request, P-15522. The Department has gathered records responsive to your request, however, additional time is needed to review the records and notify any affected staff.

As such, you can expect further response within 20 business days, on or before, November 10, 2020.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)

From: Department of Corrections

November 10, 2020

CJ:

I am writing in follow up to my previous response sent to you on October 13, 2020 regarding your public records request, P-15522. As you know, the Department has gathered records responsive to your request, however, additional time is needed to communicate with Thurston County who is lead on investigating the incident in which you are seeking records about. We are doing so to ensure that we are disclosing records correctly based on the fact that there is an active investigation.

You can expect additional response from me within 10 business days, on or before, November 25, 2020.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)
(360) 810-1130 (cell)

From: Department of Corrections

November 24, 2020

CJ:

I am writing in follow up to my previous response to you dated October 13, 2020 regarding your public records request, P-15522. The Department has gathered records responsive to your request, however, given the active criminal investigation regarding this matter, DOC will be providing official notification to Thurston County prior to release of any records.

As such, you can expect further response within 20 business days, on or before, December 28, 2020.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)
(360) 810-1130 (cell)

From: Department of Corrections

Dear CJ Ciaramella,

I am an attorney for the Thurston County Sheriff’s Office. My client understands that you made a request under the Public Records Act to the Washington State Department of Corrections for records related to the September 3, 2020 death of Michael Reinoehl in Lacey, Washington. My client believes disclosure of these records by the Department of Corrections (DOC) will compromise its active and open investigation into Mr. Reinoehl’s death, and believes these records are exempt from disclosure under RCW 42.56.240(1) until the investigation is complete. We understand DOC intends to produce records to you on or around December 23, 2020. My client is filing a Complaint for Injunctive Relief against DOC and you today in order to stop production of these documents until such time as its investigation is complete. At this time we estimate that the investigation would likely be complete in roughly another 2 months.

You are notified that I will call in on behalf of the Sheriff’s Office to Thurston County Superior Court’s ex parte calendar tomorrow, Wednesday, December 16, 2020, at 8:30am, to ask for a temporary restraining order. The ex parte telephone number is (360) 968-0921.

If you have questions about this email, please consult a lawyer. I am a lawyer for the County and am not allowed to give you legal advice. If you decide to withdraw your records request, please let me know as soon as possible.

Courtesy copies of the documents to be filed with the court today will be sent to you under a separate email. I would appreciate it if you could confirm receipt of this email.

Thank you,
Grace O’Connor

Grace C.S. O’Connor (she/her/hers)
Deputy Prosecuting Attorney
Thurston County Prosecuting Attorney’s Office
Civil Division – Bldg. 5
2000 Lakeridge Dr. SW
Olympia, WA 98502
p. 360.786.5540 x7866
f. 360.709.3006
grace.oconnor@co.thurston.wa.us<mailto:grace.oconnor@co.thurston.wa.us>

NOTICE: This communication may contain privileged or other confidential information. If you received this email in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.

From: Department of Corrections

CJ Ciaramella,

As a follow-up to my earlier email, attached are courtesy copies of the documents that will be filed in Thurston County Superior Court today.

Thank you,
Grace O’Connor

Grace C.S. O’Connor (she/her/hers)
Deputy Prosecuting Attorney
Thurston County Prosecuting Attorney’s Office
Civil Division – Bldg. 5
2000 Lakeridge Dr. SW
Olympia, WA 98502
p. 360.786.5540 x7866
f. 360.709.3006
grace.oconnor@co.thurston.wa.us<mailto:grace.oconnor@co.thurston.wa.us>

NOTICE: This communication may contain privileged or other confidential information. If you received this email in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.

From: Department of Corrections

Hello – It is not clear whether multiple parties can call into the ex parte line. This evening DOC requested that tomorrow I ask the ex parte judge that if possible, DOC’s counsel be conferenced into the hearing, and provided a number its counsel can be reached at.

If you would like to make the same request, please provide a number you can be reached at.

Also, before filing the proposed order, we noticed an error in the time noted in the hearing box at the top of the proposed order. (It is 8:30am, not 9:00am). We corrected the error before filing but after we sent you courtesy copies of what we intended to file. Attached is the proposed order that was filed today.

Thank you,
Grace O’Connor

Grace O’Connor
Civil DPA

From: Department of Corrections

Hello – I appeared on behalf of TCSO at this morning’s telephonic ex parte calendar. The judge declined to conference in other parties, and did not invite argument. She simply noted the case number and said she would forward the matter to the assigned judge, Judge Skinder. It is my understanding that Judge Skinder will review the matter and email an order to the parties either denying or granting the TRO later today.

Thank you,
Grace O’Connor

Grace C.S. O’Connor (she/her/hers)
Deputy Prosecuting Attorney
Thurston County Prosecuting Attorney’s Office
Civil Division – Bldg. 5
2000 Lakeridge Dr. SW
Olympia, WA 98502
p. 360.786.5540 x7866
f. 360.709.3006
grace.oconnor@co.thurston.wa.us<mailto:grace.oconnor@co.thurston.wa.us>

NOTICE: This communication may contain privileged or other confidential information. If you received this email in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.

From: Department of Corrections

Parties,

Attached is a notice/order regarding the above matter.

Thank you.

Terrisa Burke
Judicial Assistant to Judge James J. Dixon and Judge Erik D. Price

From: Department of Corrections

Dear Mr. Ciaramella,

As you know, TCSO has filed a lawsuit to stop DOC from producing certain records to you, until such time as TCSO’s criminal investigation into the death of Michael Reinoehl is complete. Under Washington law (Burt v. Dep’t of Corrections, 168 Wn.2d 828), because you are the Requester for these records, TCSO is required to join you in the lawsuit even though it is seeking no remedy against you or relief from you.

Could you please let me know the physical address of your usual abode so that TCSO may serve you with the Summons and Complaint? Alternatively, you may sign and date the attached Acceptance of Service and return it to me by email, and I will mail the Summons and Complaint to your chosen mailing address for service. Please respond to this email by the close of business on Tuesday, December 22, 2020.

Please note that due to the COVID-19 pandemic, I am teleworking and am not readily available at the number listed below. The best way to reach me is by email. Please also note that I will be out of the office December 24 through January 1.

Thank you,
Grace O’Connor

Grace C.S. O’Connor (she/her/hers)
Deputy Prosecuting Attorney
Thurston County Prosecuting Attorney’s Office
Civil Division – Bldg. 5
2000 Lakeridge Dr. SW
Olympia, WA 98502
p. 360.786.5540 x7866
f. 360.709.3006
grace.oconnor@co.thurston.wa.us<mailto:grace.oconnor@co.thurston.wa.us>

NOTICE: This communication may contain privileged or other confidential information. If you received this email in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.

From: Department of Corrections

Attached for service upon the State of Washington, please find the Summons, Complaint and Notice of Assignment relating to the above-noted matter.

Linda Olsen
Paralegal II
Thurston County Prosecuting Attorney’s Office
Civil Division

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From:

We have reviewed the pleadings that have been filed in these cases and wanted to inform you that it appears that the facts as represented to the court in the parallel Mason County proceedings brought by Mr. West are inaccurate. We believe that one of the members of the US Marshall Task force who was involved in this shooting is a member of that Task force who is also Thurston County Deputy: Deputy Sean Chatterton. We believe that Deputy Chatterton was also involved in the review of that shooting by Thurston County, which is why they have retained outside counsel for the purpose of representation. You are on the correct track; dig in. Contact us if you would like additional information

From: Department of Corrections

December 24, 2020

CJ:

It is my understanding that your attorney has reached out to both Thurston County and DOC's attorneys to discuss the status of this request and the litigation regarding release of the requested records. Given this, I will follow up with you in writing after there has been time for those conversations to take place and a final determination made. I will plan on following up with you within 7 business days, on or before, January 6, 2021.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)
(360) 810-1130 (cell)

From: Department of Corrections

January 5, 2021

CJ:

I am writing in follow up to my previous response to you dated December 24, 2020 regarding your public records request, P-15522. I understand that the Court will be considering several motions relating to your request on Friday, January 8, 2020. The motions include the Thurston County Sheriff's Office's original request for a preliminary injunction enjoining production of the requested records during the pendency of the investigation, and the parties' subsequent stipulated motion to stay the proceedings until February, when the Sheriff's Office anticipates completing the investigation. The Department will abide by any ruling that comes out of these proceedings.

I will plan to follow up with you next week, no later than Friday January 15, 2021, to confirm any next steps with respect to the Department's response to your pending request.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)
(360) 810-1130 (cell)

From: Department of Corrections

January 14, 2021

CJ:

I understand that on January 8, 2021, the court granted the parties' joint motion to stay the litigation until February 19, 2021. As part of the stipulation, the parties agreed to confer no later than February 12, 2021, about the status of the Thurston County Sheriff's Office's investigation into Mr. Reinoehl's death. If, at that time, the parties are unable to reach an agreement regarding appropriate next steps with respect to your request, the Sheriff's Office will then have fourteen days to file a motion for a preliminary injunction, to be heard as soon as possible on the Court's calendar.

Accordingly, I will plan to follow up with you the week of February 15, 2021, to confirm next steps with respect to the Department's response to your pending request.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)
(360) 810-1130 (cell)

From: Department of Corrections

February 18, 2021

CJ:

I understand that Mr. Stahl and the deputy prosecuting attorney who represents the Thurston County Sheriff's Office today reached an agreement to extend the stay of the litigation until March 26, 2021, to allow additional time for completion of the investigation into Mr. Reinoehl's shooting.

The parties, including the Department of Corrections, agreed to file a joint motion with the court, seeking approval of the agreed stay extension. If the court approves the extension, I will be back in touch the week of March 22, 2021 to confirm next steps with respect to the Department's response to your pending request. If the court denies the extension, I will follow up as soon as possible with regard to next steps.

Also, we have learned from the Thurston County Sheriff's Office in separate proceeding concerning records relating to the Reinoehl shooting that the Sheriff's Office does not seek to enjoin disclosure of one of the records the Department identified as responsive to your request. The document is a Governor's Alert dated September 4, 2020. If you would like a copy of that record now, rather than later, please let me know.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)
(360) 810-1130 (cell)

From: Department of Corrections

April 2, 2021

CJ:

I am writing in follow up to my previous response sent February 18, 2021 regarding your public records request, P-15522. You have requested all incident reports, weapon discharge reports or use of force reports filed by officers or agents involved in the September 3, 2020 shooting of Michael Forest Reinoehl and any body camera footage or still photographs taken by officers or agents related to this incident.

The Department was notified earlier this week that Thurston County has now closed their investigation into this matter and no longer is concerned about the categorical withholding of the records responsive to your request. As such, attached you will find the responsive reports the Department has related to this incident (14 pages) along with an exemption log noting the reasoning for any redactions taken. DOC does not have any body came footage or photos responsive.

This request is now considered closed.

Sincerely,
Denise Vaughan

Denise Vaughan, Information Governance Director
Administrative Operations Division
Department of Corrections
(360) 725-8854 (office)
(360) 810-1130 (cell)

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