Cop In Stomping Incident Involved In Police Video Cover-Up

Seattle police officer Shandy Cobane is caught up in another controversy -- this one dealing with the alleged manipulation of patrol car camera video and audio.

Just a week after Cobane was videotaped kicking a Latino suspect in the head in a high-profile incident in April of last year, he was also accused of using excessive force on a young man in Belltown.

Now KIRO Team 7 Investigative Reporter Chris Halsne has uncovered there's a partial conclusion to that second case -- one that's potentially embarrassing for SPD.

We’ve been keeping our eye on a criminal trial, one in which SPD gang detective Shandy Cobane claims he was the victim of an on-the-job assault. The victim claims just the opposite. He accused Cobane of choking him "just for fun." To settle the matter, a King County judge said "let's view the patrol car videotape to see who's right." The problem is, the relevant portion of the video and audio is nowhere to be found.

Previous Story: Cop In Stomping Incident Accused In Another Case

OFFICER STOMPS ON DETAINEE SPECIAL SECTION: Officer Stomps On Detainee Original Story: Officer Threatens, Kicks Detainee

Attorney Peter Connick already won a victory for his client, but his probe into how Seattle police can influence the images on their in-car cameras is far from over.

It all started April 24 outside the Amber restaurant. David Rengo says his friends were jumped by another group. Police stormed in to stop the fighting. A cell phone picture shows Rengo being arrested with gang unit detective Shandy Cobane in the background. Moments after the picture was taken, Rengo says that while handcuffed and lying down in a patrol car, Cobane intentionally cut off his air supply by pressing his thumbs on his windpipe.

WATCH IT: Each PD Different In Way Cameras Used

"He (Cobane) came around the driver’s side, opened the door up and just choked me until I lost -- I couldn't -- I started kicking, 'cause I was about to pass out. He let me go. I took a breath and he choked me again," Rengo told Team 7 Investigators in an interview last year.

While Internal Affairs reviewed his complaint, the King County Prosecutor's Office pressed ahead, charging Rengo for felony assault of a police officer. Cobane reported Rengo "pushed" him -- something Rengo strongly denies.

In court, Team 7 Investigators discovered Cobane's "assault" story became impossible to corroborate. Connick subpoenaed patrol car videotape and audiotape, and found important pieces were missing or erased.

Connick told KIRO-TV, "That crucial video of that initial contact, detention, and placement in the car is missing."

He added, "Certain things were intentionally not done. The video wasn't turned on specifically, which was admitted by all officers to be a breach of protocol and procedure. There were gang unit officers who specifically told arresting officers not to give statements."

That's a serious allegation, but one King County Judge Joan DeBuque found to be true, according to court records. She not only took the unusual move of dismissing Rengo's assault charge last week, but vented her frustration at the sloppy police work in a recorded courtroom conclusion.

Judge Debuque said, "I have not seen a case this poorly prepared or investigated in my 22 years on the bench."

AUDIO: Judge Vents Frustration, Dismisses Charge

KIRO Team 7 Investigators wondered if it was possible for SPD officers to manipulate dash camera recordings. The short answer is yes. We pulled the SPD In-Car Video policy.

It tells officers, "If reasonable to do so, (officers) will record their approach to crime scenes and any scene they feel could benefit from being recorded."

Connick says that means police have the option to turn their cameras and microphones on and off at will. There is some videotape proof of that in the Rengo case. In one recording, you can see an officer start recording, then manually rotate the lens of the interior car camera to shoot into the back seat toward David Rengo. We noticed that when the tape starts, the car is already moving -- missing the important moments before that when Rengo says he was choked in the back seat by Cobane.

Rengo fought for a year to clear his name in what he describes as a nightmare.

"I didn't expect them to behave at all like they behaved. I was shocked to be arrested. The fact that they lied about it and the tape is missing - it's not all that surprising because their behavior matches that."

SPD was reluctant to speak about this case, saying they expect a civil suit to follow David Rengo's criminal exoneration.

They also refused to answer our technical questions about the on-off buttons on their car cameras and specifics about who has access to erase tape. Shandy Cobane remains on administrative reassignment for the 12th straight month. That infamous stomping incident is still under investigation.

Judge DeBuque's audiotaped ruling on this case gives you a unique insight into SPD's problems with in-car camera policy violations. You can hear an unedited version here