Feb. 13, 2023 The majority of the jurors voted to convict Walla Walla Firefighter Anthony Spada.

By Jeremy Burnham Source Walla Walla Union-Bulletin, Wash. (TNS) Distributed by Tribune Content Agency, LLC.

Feb. 12—The jury in the child rape trial of Anthony Spada was far from evenly split on its verdict, according to one of the jurors who sat through the three-week trial in Walla Walla County Superior Court that ended in a mistrial.

That jury member has spoken out after the panel was unable to agree on a verdict and said the majority of the jury was ready to convict Spada.

The woman — who was known as Juror No. 7 during the trial — agreed to talk but did not want her name published.

The Union-Bulletin confirmed her identity and confirmed her status as a juror through the Walla Walla County Superior Court.

“I don’t want people to think that we went in there and talked about it for a few minutes and twiddled our thumbs,” Juror No. 7 said. “We all … poured out heart and soul into this. We went home and did not sleep. We went home in tears. It was rough. We poured everything we had into this … Nobody wanted to walk out of there with no verdict.”

Juror No. 7 said in the last ballot the jury took, the jurors voted 10-2 in favor of convicting Spada, a Walla Walla firefighter.

She also said that one of the not-guilty voters, who described themself as “undecided” through much of the deliberations, had indicated near the end their willingness to vote guilty, which would have made the count 11-1 to convict.

The lopsidedness of the vote might play into the Walla Walla County Prosecuting Attorney’s Office’s decision on whether to try the case again.

Spada, 47, is charged with second-degree child rape, first-degree child molestation, second-degree child molestation and communication with a minor for immoral purposes.

Because this was a mistrial and he was neither convicted nor acquitted, these charges still stand against him, and the prosecutor’s office can retry the case.

Walla Walla County Deputy Prosecuting Attorney Jennine E. Christensen, the lead prosecutor during the trial, indicated in court — before the decision of the mistrial was finalized — that the state would likely retry the case.

Afterward, she added in court that she would need to consult with others in her office and the victim before deciding.

Walla Walla County Prosecuting Attorney Gabe Acosta told the U-B on Friday, Feb. 10, that his office is moving to set a date for a second trial.

According to court rules, Spada’s new trial would have to start within 90 days of the mistrial.

The jury deliberated for more than 20 hours over several days. Closing arguments in the trial finished about 3:15 p.m. Thursday, Feb. 2.

The jury only deliberated Thursday for about 10 minutes. Then, they met Friday, Feb. 3, and Monday, Feb. 6, for full workdays. They also deliberated much of Tuesday, Feb. 7, before the mistrial was declared just before 2:30 p.m.

Juror No. 7 said a lot of progress was made early on before things came to a grinding halt.

“When we walked in Friday morning, we were pretty split. Even when we left Friday,” she said. “I think the weekend was helpful. Monday morning, I would say by 10 or 11 in the morning, (the vote) was 10-2.”

Juror No. 7 said the panel almost reached a verdict on a single charge. One ballot, she said, was 12-0 to convict on one of the lesser charges, though she did not indicate which charge.

Then, the same person who was a holdout on the other charges, had a change of heart on that lesser charge as well.

Juror No. 7 said her reasoning for guilty — and she thinks others had the same reasoning — came down to believing the victim’s testimony more than the defendant’s.

“The victim had such a strong testimony,” she said. “And the defendant, yes, he had a strong testimony, but it wasn’t as strong. And all the answers were ‘No, no, no.'”

She also said the victim’s consistency in her story from the time she made the accusation to the time she was on the witness stand also was impactful.

“Her story was 100% dead on, every single time,” she said. “She never faltered and there were never details that were not exactly the same. How do you not believe that? How does that not stand true.”

Juror No. 7 said she can’t speak for the juror who held out but said that person appeared to have a hard time accepting the word of someone so young and did not believe the state’s burden of proving guilt beyond reasonable doubt was met.

She said not reaching a verdict was frustrating.

“It was very emotional — very, very emotional — for a lot of us in that room,” she said. “By the end of it, I think had we gone back in there, and had the judge asked us to try a little bit longer, I don’t think we could have. It reached the point where it was very, very tough.”

When the verdict was announced, Judge Brandon L. Johnson said Spada’s pre-trial release conditions would remain in place.

On Thursday, Feb. 9, Johnson modified the release conditions to allow Spada to go into Oregon.

Spada has been on pre-trial release with no bail since the day after he was arrested March 23, 2022.

Spada was placed on paid administrative leave from the Walla Walla Fire Department after he was arrested. Later in the year, the Washington State Department of Health suspended Spada’s paramedic license, Walla Walla city spokesperson Brenden Koch said, making him ineligible for paid leave.

Since then, he has been paid using accrued paid time off.

Koch confirmed Friday, Feb. 10, that Spada’s status with city has not changed after the mistrial.

” Mr. Spada will remain on leave using his leave accruals, or in leave without pay status, pending the result of the criminal process,” Koch said.

Koch said he could not disclose how close Spada is to running out of accrued leave.

Feb. 13, 2023 Grant Township Firefighter Michael Buitendorp, 40, was behind the wheel when he was stricken.

Source Firehouse.com News

A Michigan firefighter who collapsed behind the wheel of a tanker while responding to a call in 2020 died of a heart related issue. 

When Grant Township firefighter Michael Buitendorp, 40, slumped behind the wheel just after telling his passenger he needed to pull over, according to a NIOSH report released Monday.

The firefighter candidate managed to get the vehicle stopped, radioed for help, removed him from the vehicle and initiated CPR, the report said.

Despite prompt intervention, Buitendorp died shortly after arriving at a hospital.

Following their probe, NIOSH investigators recommended the following:

• Implement comprehensive pre-placement and annual medical evaluations consistent with National Fire Protection Association (NFPA) 1582 Standard on Comprehensive Occupational Medical Program for Fire Departments, which should include a baseline electrocardiogram (EKG) in all individuals prior to engagement in any strenuous physical activity to rule out any underlying cardiac abnormalities.
• Consider a preplacement cardiac exercise stress test to determine the capacity for physical exertion and decrease the risk for sudden cardiac death.
• Implement an annual fitness evaluation consistent with NFPA 1582 Standard on Comprehensive Occupational Medical Program for Fire Departments to ensure personnel are physically fit to perform job expectations at emergencies.

  NIOSH investigators also determined the volunteer department with 22 members had no requirement that firefighters undergo physicals. They also didn’t have a fitness program. 

   They added that they recognize the challenges that volunteer departments face regarding funding and finding personnel. The NFPA, they wrote, has suggestions for establishing a fitness program. 

The Candidate said everything seemed fine as they made a few turns to get to the fire, but then the Driver told the Candidate that he needed to pull over. The Candidate initially thought the Driver was having difficulty with his seatbelt, but then realized there was another problem when the water tender began to slow down and veer to the left, crossing the oncoming lane. The Candidate watched as the Driver slumped over the steering wheel and called out to him a couple of times with no response. The Candidate then reached over from the passenger seat and steered the moving vehicle off the road, put the water tender in neutral, and set the air brakes. After stopping the water tender, the Candidate jumped out of the passenger seat and walked to the driver’s side, opened the door, and pushed the Driver back against the seat and away from the steering wheel. The Driver was unresponsive, and the Candidate got on the radio and called for dispatch. After three attempts with no response from dispatch, a LT responding to the camper fire in the fire engine got on the radio and asked the Candidate what he needed. The Candidate stated the Driver was down and unresponsive. The LT told the Candidate that they were only a couple blocks away and they would be there shortly to help. As the LT was talking with the Candidate, he told the FF with him in the engine to call dispatch on the fire channel for EMS assistance. The FF called dispatch and requested an ambulance as the LT continued to assure the Candidate that EMS was enroute. The Candidate was able.

Feb. 10, 2023 A report shows the Kansas City Fire Department’s culture includes widespread bullying, intimidation and discrimination.

By Glenn E. Rice, Mike Hendricks Source The Kansas City Star (TNS) Distributed by Tribune Content Agency, LLC.

Black civil rights activists and faith leaders on Thursday said city officials must be held accountable after a report on racism and sexism in the Kansas City Fire Department, with some saying a new chief should be brought in from outside the department.

Those reactions came a day after the Kansas City Council released the findings of a months long review of the fire department that revealed some firefighters said they have been grabbed in sexually inappropriate ways and subjected to racial slurs in the city’s fire stations.

It also found that firefighters were more careless about damaging homes in poorer neighborhoods and celebrated dangerous driving that caused crashes.

“This report substantiates claims of a racist culture in the KCFD that is perpetuated by union control over all aspects of KCFD’s operations,” said Gwen Grant, president and CEO of the Urban League of Greater Kansas City.

“The City Manager and City Council must be held accountable for allowing this dysfunctional system to persist,” Grant said. “The search for a new Fire Chief is an opportunity to bring someone in from the outside and empower that person with the tools and support needed to transform the culture.

“However, this will be impossible if the Mayor and City Council lack the courage to stand up to the union that has had a stronghold on the department for decades,” she said.

In a written statement, Interim Fire Chief Ross Grundyson said the department has and will continue to address and correct the shortcomings identified in the report. He said the document would help guide the fire department toward creating a more welcoming and inclusive workplace.

“It’s important for all organizations to take proactive measures to create a positive and inclusive work environment,” Grundyson said.

“KCFD continues its dedication to becoming a more accountable, safe, equitable, and inclusive place for all employees and members of the community. We look forward to working under the leadership of Chief Equity Officer LaDonna McCullough as we continue to create a more inclusive work environment.”

The City ordered the report after a 2020 investigation by The Star found Black firefighters and women faced systemic discrimination in the city’s fire service. The Star’s investigation named more than 20 current and former Black and women firefighters who went on the record either with reporters or in lawsuits.

Within days of publication, city officials said they were taking action by hiring two law firms to further investigate the findings of The Star’s series. The city also hired McCullough, its first chief equity officer, who is tasked with rooting out discrimination.

The city’s report, emailed to council members Wednesday, said Black and female firefighters are ostracized and their career advancement blocked if they speak out against discrimination and inappropriate behavior.

McCullough, the city’s chief equity officer, said the findings reveal the experiences of Black, female and minority firefighters inside the department.

“I believe that it is imperative that we validate the experiences of the KCFD personnel who bravely came forward and participated in the assessment process because their voices provide those of us outside of the department with an intimate view of the complex and inequitable challenges, they face each day,” she said.

In January, Donna Lake retired as the city’s fire chief and accepted a job as an assistant city manager in Lee’s Summit. Grundyson, an assistant fire chief at the time, was named interim fire chief.

KCFD Cultural Assessment Report by Ian Cummings on Scribd

‘Chickens come home to roost”

Several clergy leaders said the assessment report further confirmed what Black and female firefighters had shared with them about the working conditions inside the department.

“There are disturbing cultural norms within the entire KCFD agency which do not promote or produce equity, diversity, inclusion or racial justice,” said the Rev. Vernon P. Howard Jr., president of the Southern Christian Leadership Conference of Greater Kansas City.

“In fact, the report clearly exposes that racial discrimination, sexual harassment, intimidation and other forms of oppression are being experienced by individuals who feel as though they have no protections, recourse, or options for justice and repair.

“Our strong encouragement to public officials that reports of this nature be performed within the KCFD stemmed from the many blatant and harmful experiences of racism and even in some cases the expression of hate which were reported to us,” he said.

The city report found the culture inside KCFD is one where bullying, intimidation and hazing are common. Many Black and female firefighters said they fear retaliation if they speak out. Women and minority firefighters are often denied promotion based on their race and gender. It is common for firefighters to tell inappropriate jokes and make slurs about a colleague’s race, gender or sexual orientation.

Eric Morrison, a minister who was brought in as a community member to work with Black firefighters and the KCFD’s diversity, equity and inclusion efforts, said the assessment comes after years of the fire department not being held accountable for its treatment of female and minority firefighters.

“The chickens come home to roost,” Morrison said.

Councilmember Teresa Loar said Thursday morning that she was not aware that she had received a copy of the report, and had no comment.

Mayor Quinton Lucas and other council members had not as of early Thursday afternoon responded to requests for comment on the report.

Key findings

The 163-page assessment report released by the city Wednesday was produced by third-party consultant Debra J. Jarvis Associates Consulting & Training LLC after a yearlong review that the authors said included 231 KCFD employees from different ranks and positions.

The names and identities of the participants were not included in the report. Among the report’s key findings:

▪ Firefighters treated fire scenes in low-income neighborhoods differently from those located in more affluent areas of Kansas City. Crews will sometimes tear up houses more than necessary in poorer neighborhoods, while firefighters put plastic over couches and may not chop a hole in the roof while battling fires in more expensive homes.

▪ The report said workplace safety was not stressed enough. Erratic driving that resulted in wrecks is commemorated in fire stations with plaques or pieces of wreckage on display. The department is not strict in requiring firefighters to wear protective breathing gear at fire scenes.

▪ Department members with higher seniority are recruited to block unwanted firefighters from being given assignments to specific fire stations.

▪ Female and minority firefighters believe they are required to “conform to standards of whiteness.” Black male firefighters are hesitant to say anything for fear of being labeled “an angry Black man.”

▪ Study participants complained that the two firefighter unions had too much power and influence in how the department operates.

Most department personnel are represented by International Association of Fire Fighters Local 42 and those above the rank of captain but not in upper management are represented by IAFF Local 3808.

Union members dominate the joint labor management committee that makes many of the department’s decisions, the report said.

“The over-arching perceptions and opinions of KCFD participants in this culture study are that the two IAFF Unions prevent KCFD Management from holding personnel accountable for compliance with policies and practices because they have more power and influence in daily operations practices, as well as City politics that KCFD Management,” according to the assessment report.

The Star sought comment from Local 42 and Local 3808, but neither union has issued a statement.