Not charged, transient spends 3 months in jail -- forgotten

Spending even one night in jail was questionable enough, but an arrest for obstructing a public officer last year landed one homeless Seattle man behind bars for more than three months.

Darrell Arthur Williams hadn't even been charged with the crime. After a Seattle bicycle cop on "proactive patrol" arrested the 40-year-old black transient for what amounted to interfering with a public urination investigation, Williams was booked into King County Jail for the night.

But the next morning, a city prosecutor who reviewed the officer's report quickly declined to press charges, citing "interests of justice." With that, Williams was supposed to be released from jail immediately.

That was Feb. 17, 2007. Instead, Williams remained incarcerated through May 23 -- what amounted to a short prison term. He was essentially forgotten behind bars.

"There were some moments that were pretty hectic," Williams said this week of his stint in jail. "I just didn't want to make an ordeal out of it."

Court administrators call the matter an unusual paperwork error. Defense attorneys call it something else: False imprisonment.

"That's outrageous, like something you'd expect in a Third World country," said noted Seattle defense attorney Lem Howell. In Howell's opinion, Williams has a solid claim against the city.

But Williams, a polite, strong-willed man who regularly patronizes Seattle homeless shelters, is reluctant to pursue the matter. What's past is past, he said, adding he's fearful of further involvement with the court system.

"I got over it," he said late Thursday, from a Pioneer Square street corner outside the Bread of Life Mission men's shelter. "I just want to get it past me. It was a mistake, and they clarified it. It wasn't any major harm done."

After finding his case during a review of more than 300 Seattle Municipal Court files involving recent Seattle police obstruction arrests, the Seattle P-I eventually tracked Williams down through a local service agency for the homeless.

An Illinois native, Williams has been estranged from his family for years. His mother, Loretta Williams, 61, feared her son was dead when a reporter called her in Chicago earlier this month in an effort to locate him.

"He stayed in jail for three months?" his mother asked, when told details about her son's case. "Oh my God."

But she added, "So he's alive then."

"Lil' Darrell," as he's known to his family, "always was a wanderer," Loretta Williams said. "At 5 years old, I found him at a gas station with his clothes packed. He'd leave and wouldn't tell anyone."

But never for this long, she said, noting relatives haven't heard from him since 2004.

Darrell Williams' older brother recently had a Chicago police detective search law enforcement databases for his younger brother, without success.

The dead-end computer search makes sense. Williams has garnered tickets only for minor infractions, some still unresolved, court records show. But he'd never been arrested in this city before -- until last year.

About 7:20 p.m. on Feb. 16, 2007, Seattle Police Officer Steven Bale and a partner were working a "random proactive bicycle patrol" when they spotted Williams in Cal Anderson Park on Capitol Hill. Williams was "standing next to a tree ... urinating," the officer wrote.

When police questioned Williams, he became "increasingly belligerent," Bale wrote. He accused Bale of spying on him, then pointed and shook his hand and finger at the officer, Bale's report says.

"Williams refused to comply with my instructions and continued closing the distance, approx 5 feet, while repeating, 'I'll show you,' and came within 1 foot of my face with the tip of his pointed finger," Bale wrote.

"I was unable to continue my investigation into the urination incident and was required to direct my attention towards (Williams') aggressive actions to avoid a physical altercation or my being assaulted."

That's not what happened, Williams said.

"I was just startled. It was a reaction, that's all. He creeped up behind me, and I didn't see him. It was just a startled reaction on my part. I wasn't going to hurt anyone."

For public urination, Williams was issued a ticket. But police arrested and booked him for obstructing.

The next morning, prosecutors didn't even bother to have Williams transported from the jail to the courtroom for a mandatory hearing, records show. Instead, the case was quickly dropped and the court ordered Williams released.

Defendants typically aren't brought to court if the case is going to be dropped, explained Deputy City Attorney Mike Finkle.

"It saves (the jail) from having to transport defendants," he said.

Unaware the case was dead, Williams believed authorities had the right to hold him.

"They can hold you for 90 days, I thought," Williams said. "That's what another inmate told me -- that's as long as they can hold you. Ninety days."

More than three months passed before a court clerk made an embarrassing discovery.

"Evidently, Mr. Williams' case was (not charged) on 2/17/07 ... but release paperwork did not get filled out," the clerk wrote in an e-mail dated May 23, 2007, to a supervisor. "He is still in Jail."

Seattle Municipal Court Administrator Yolande Williams this week called the matter a regrettable mistake.

"Unfortunately, the (release) paperwork wasn't processed in a timely fashion," she explained. "We just need to be much more diligent in ensuring proper protocol is met."

Maj. William Hayes, spokesman for the King County Correctional Facility, said jail records show "no red flags" to indicate Williams was being improperly detained.

If an inmate thinks he's being wrongfully held, he said, that inmate usually voices concerns.

"But it sounds like the inmate didn't even go to the court hearing, so he didn't know he was released," Hayes said. "And if the court doesn't send the paperwork to us, indicating he is released, we're not going to release him."

As time went by, Williams said he did raise the issue to jail officers several times.

"I kept reminding them on it," he said. "I told them about it and (thought) they researched it."

Breakdowns also occurred beyond paperwork. Officials for cities that contract with the jail usually scrutinize lists of inmates who are billed to their cities through an automated system, Hayes said.

Nothing indicates the city of Seattle objected to paying the standard $103 per night fee for Williams' stay, which cost taxpayers $9,785 for the 95 nights he spent in jail.

Told Darrell Williams is homeless, Hayes replied that it's possible Williams didn't want to be released.

"A lot of these guys, unfortunately, are living on the street," said Hayes, who noted jail records show Williams behaved well while in custody. "Staying in jail during the winter months, it might actually be better for them.

"Of course, I'm just speculating. He had three meals and a cot a day."

Williams said he did want out of jail. But he added that his stay behind bars wasn't that bad -- not unlike staying at the homeless shelters he frequents.

"Time went by quickly, really," he said, before disappearing into the shelter for the night. "It was kind of like a bed and breakfast for a while."

P-I SPECIAL REPORT:THE STRONG ARMOF THE LAW

THE SERIES

THURSDAY: A Seattle P-I investigation finds racial disparity and a high dismissal rate for arrests for obstructing a public officer.

FRIDAY: The West Precinct Anti-Crime Team is a nimble strike force that is used effectively to combat crime, Seattle Police Department officials say. But one defense lawyer says the team sometimes "creates crime" in its interactions with citizens.

TODAY: He was arrested for obstructing a public officer after police say he urinated in a park. Prosecutors declined to press charges. So how did this Seattle man remain in jail for three months?

SEATTLEPI.COM

To read previous stories and to see documents related to these stories, see goto.seattlepi.com/349469.