Bicyclists' arrests at rally defended

Four undercover sheriff's deputies clearly identified themselves before they arrested two bicyclists blocking an intersection during a massive biking rally through Seattle, a King County Sheriff's Office spokesman said Monday.

The bicyclists, Zachary D. Treisman, 30, and Jason C. Brien, 18, of Seattle, were arrested last Friday during Critical Mass, a monthly ride of hundreds of bikers who pedal en masse through town to emphasize their rights on the road.

Both were booked into the King County Jail and released over the weekend, but charges are pending.

Their arrests have become a rallying cry for several Critical Mass participants, who accuse the plainclothes deputies of "police road rage" and not properly identifying themselves.

The confrontation started about 6:30 p.m. after Brien blocked traffic for other bikers to pass at Western Avenue and Vine Street, where the deputies were waiting for a light in an unmarked minivan.

The deputies were part of an on-duty plainclothes Metro transit patrol that keeps an eye out for drug dealers and other illegal activity on bus lines and at stops, said Deputy Rodney Chinnick, a Sheriff's Office spokesman.

Chinnick responded Monday to criticism from several Critical Mass witnesses, noting that the confrontation could have been avoided if Brien had cleared the intersection when ordered.

"First off, blocking an intersection is illegal. It's disorderly conduct," he said. Critical Mass did not have a street-use permit for a demonstration.

According to the deputies, the bicyclists knew they were dealing with law enforcement officers. The deputy driving the minivan had blared his horn and sounded his siren, which at first cleared several bicyclists out of the way, Chinnick said.

But the deputies, who initially were three cars from the intersection, had to wait for one more light. When the light turned green, Brien rode out in front of them and stopped. The deputies inched forward and again sounded their siren. Brien threw down his bike and waved his arms like "what are you going to do," Chinnick said.

The driver then stepped out with his badge hanging from his neck and told Brien he was under arrest, Chinnick said. Brien allegedly tried to ride off and tried to disappear into the crowd as another detective chased him down.

"As soon as he sees the badge, he runs off. Based on my experience as a police officer, that clearly indicates the guy knew it was the police," Chinnick said. "He didn't have the right of way. They did. That was his second opportunity to get the message."

Meanwhile, dozens of bicyclists formed a crowd around the tussle, some shouting, "What's the charge?" Chinnick said.

Treisman, who had ridden up to the intersection, saw the deputy grab his friend and thought he was an angry civilian driver assaulting him. He raced over to aid his friend and tried to pull the deputy back, according to witnesses and Treisman's attorney.

Two more deputies emerged from the van to detain Treisman, who the Sheriff's Office said punched and choked the deputy who arrested his friend.

Chinnick declined to disclose the deputies' names.

Treisman's attorney, David Speikers of Fall City, said he thinks deputies "started the fight as citizens and ended the fight as law enforcement."

He said his client had no idea the men were law enforcement officers. He said the deputies may have tried to identify themselves, but not as clearly as he thinks they should have in the middle of a large crowd.

"All he was trying to do was help somebody. If he had known that was a police officer, you could bet your bottom dollar that he wouldn't have been close to that incident," Speikers said.

He said his client, who is supposed to defend his doctoral thesis next month at the University of Washington, is facing potential felony charges for allegedly assaulting an officer, when he merely was trying to protect a friend. A preliminary court hearing is set for Thursday.

He said Treisman was scraped and bruised when he was taken to the ground and arrested.

Graylan Vincent, 25, of Seattle said the deputy who chased after Brien quickly rushed toward him and threw him down on the ground. It wasn't until the deputies and bicyclists were wrestling around that Vincent heard the first deputy identify himself as a law enforcement officer.

"I thought it was a joke. I thought he was saying it to scare people off," said Vincent, who estimated he was 30 feet away. "It looked like a road rage driver hiding behind his badge after the fact."

The arrests are a hot topic on the Seattle Critical Mass Web site, which links to a blog of several eyewitnesses decrying the arrests. The group is organizing support for the two men.

Brien was booked for disturbing the peace and having beer in his bag, which was illegal because of his age. Both charges are misdemeanors. He was released later on Friday.

Treisman was released Saturday after friends posted a $3,000 bond.

Critical Mass is held in cities nationwide on the last Friday of every month. Seattle police are aware of the demonstration and have had no serious problems with Critical Mass riders in the past, Seattle police spokesman Sean Whitcomb said.

Seattle police were not called Friday to assist the deputies with the arrests or investigation.

Chinnick, of the Sheriff's Office, said deputies have jurisdiction anywhere in the county, including city limits, and that there was no reason for them to wait for Seattle police to handle the bicyclists' arrests.

"We would expect an on-duty deputy to take action when something like that occurs in front of him. It would be a little different if one of our officers was off duty or in Pierce County," he said.

He said the Sheriff's Office has no problem with Critical Mass, but emphasized that they have the same rights and responsibilities as everyone on the road. He said the deputies didn't want a confrontation.

"They didn't want to make a big deal out of this. They just really wanted this guy to obey the law and get out of the road and we would call it a day," Chinnick said.

P-I reporter Scott Gutierrez can be reached at 206-448-8334 or scottgutierrez@seattlepi.com.

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