She Settled an Excessive Force Case Against the City and Three Bend Police Officers. | Local News | Bend | The Source Weekly - Bend, Oregon
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She Settled an Excessive Force Case Against the City and Three Bend Police Officers. 

A local woman says a police officer broke two bones in her skull. Now she's telling her story publicly for the first time.

On the December 2013 night when a local physical therapist entered a downtown Bend bar, she was a full-time employee who enjoyed snowboarding and surfing and spending time with friends.

Katie Dailey's injuries after being punched by a Bend police officer. Her left lateral orbital bone, along with her left inferior orbital bone, were both broken. - COURTESY KATIE DAILEY
  • Courtesy Katie Dailey
  • Katie Dailey's injuries after being punched by a Bend police officer. Her left lateral orbital bone, along with her left inferior orbital bone, were both broken.

Following the events in the bar that December night, Kathryn Dailey, who goes by Katie, would no longer have a job. She would isolate herself from friends and would be afraid to leave the house. And she would be diagnosed with post-traumatic stress disorder, visual problems and a concussion that left her unable to process her thoughts adequately. That December night, a Bend police officer threw Dailey to the ground and later punched her in the face, breaking two bones in her eye socket.

Dailey had just helped to de-escalate a heated bar fight involving an ex-boyfriend. When cops arrived, her "crime" may have been standing too close to the fire.

For the first time since the incident—and since agreeing on a settlement with the City of Bend in 2017—Dailey is telling her story publicly.

As protests continue nationwide in response to police brutality—the protests largely centered around the treatment of people of color—Dailey reached out to the Source to share what happened that wintry night.

"I've been carrying this baggage around with me for a long time and am finally in a place that I can talk about such things," Dailey told the Source in an email. Dailey, who is white, believes telling her story could benefit any community members who might encounter the police. "I feel that remaining silent enables these men to stay protected and puts all of our community members at risk."

A bar fight

That night, Dec. 13, 2013, Dailey says she spent the evening at a fundraiser for the Dirksen Derby—an event that brought many snowboarders to town. She drank two Coors Lights. On her way to her home just south of downtown Bend, she walked past the Velvet Lounge on Wall Street and decided to stop in, knowing that she'd likely see friends who had also gathered after the event. Dailey said she ordered a drink, but it wasn't long before she left the drink behind, because she encountered Mark Wirges, known to many as "Markie," who soon got into an altercation with two other bar patrons. Dailey and Wirges had been in a relationship for several months, about 10 years before the incident.

Wirges threw his glass at the two men and bloodied them, according to a City of Bend Police Department Detail report from Officer David Poole. Wirges and one of the men had also gotten into a physical fight, the report stated.

Dailey said she intervened in the fight, calming Wirges down enough to bring him into one of the bathrooms on the lower level of the bar, located in a narrow hallway near the back.

"My intent was to break up the fight, talk Markie down, and stop the violence," Dailey recounted. "I am one of a few people that can get through to him when he is agitated, and I did de-escalate the situation from getting worse."

According to her account, a few minutes passed and then came a knock at the door. When the two opened the door, four police officers were standing there. At this moment, Dailey's life would forever change.

A police encounter

The four officers on the other side of the door, along with Dailey, appear to agree on at least one detail about what happened then: that the door to the bathroom was opened. Beyond that, however, the two people arrested that night would have differing stories than the four officers at the door.

"When the door was opened and I saw the police, I put both hands up in the air. I'm not sure how to display passiveness/compliance any more clearly than that," Dailey told the Source. At the door were four officers from Bend PD: Officers James Kinsella, Rob Pennock and Mike Hatoor, and Sgt. Tom Pine. Dailey said the officers did not make any verbal introduction as to who they were, but proceeded to grab Wirges. In their reports, the officers recounted that Sgt. Pine told Wirges he was under arrest before moving forward.

Dailey was standing in the doorway, just next to Wirges.

"So it's really fast, and maybe one second, two seconds, but to the best of my recollection, one perhaps two of the officers grab Markie, so they're coming—their arms are reaching around the back of him, I think the back of his neck, head region," Dailey described in a deposition gathered for her civil case against three Bend PD officers and the City of Bend, which she provided to the Source. "I definitely saw one on his right, like, temple-neck region, hair-ear area. I don't really know if they got around both sides or just that side. So, all I really remember is seeing those hands, a little bit of a struggle there, I'm pushed into the melee."

The officers at the scene would describe that at that moment, Dailey reached or "lunged" forward and hit Kinsella in the face. Dailey said she recalls simply reaching toward Wirges as officers closed in on him, and that the "melee" may have pushed her toward the hallway.

"I said, 'whoa, whoa, who,' and then I felt as if I was pushed into the middle of Markie, two officers grabbing him, and whatever was going on with officers in front of me," Dailey described in her deposition.

"I did not hit nor attempt to hit a police officer during this incident (or any other time in my life)," Dailey told the Source. "Some of the officers said I jumped or lunged over Markie to try and hit Kinsella. But that did not happen. I'm not sure what the lunging piece is, but all I can surmise is that while pushed into this huddle/melee, maybe it looked like I was lunging forward?"

In his Dec. 14, 2013, report of the incident, Pine described: "She was grabbing wildly at Wirges, Officer Kinsella and I. As Dailey('s) was reaching across me, she struck Officer Kinsella in the face with her hand."

Dailey disputes this. In his deposition for the trial, Wirges said he did not see Dailey hit any officer. With Wirges between her and Kinsella, Dailey claims she would not have been able to reach the other officer—and that it was more likely Wirges, who had direct contacat with Kinsella, who inadvertendly scratched Kinsella. The officers' reports, meanwhile, describe Kinsella receiving a bloody nose and a scratch on the face. In Hatoor's deposition in the civil complaint, he stated that Kinsella's nose continued to bleed as the officers went outside.

That's when Hatoor grabbed Dailey.

"I know I put my left hand on Markie's torso at some point when he was getting pulled out of the bathroom," she said. "I know that Pennock reached around me to grab Markie's wrist and that Hatoor grabbed my purse strap that crossed the front of my chest, and perhaps part of my coat, to pull me out." All of the events at the bathroom door happened very quickly—within a few seconds, Dailey said.

As Hatoor described in his Dec. 14, 2013, report, "I grabbed Dailey by the chest and shoulders and threw her back and away from the officers about 5 feet... In doing so, Dailey fell backwards on her back onto the floor of the club." Hatoor's report alleges he told Dailey to "stay back," but she disputes hearing it.

She found herself on her back, head slamming on the floor.

Life before the incident

Prior to this day, Dailey, age 36, had had few encounters with police, and no criminal record. The daughter of a Navy commander, Dailey grew up, like many military kids, at various locations around the U.S. and the world. She holds a doctorate degree in physical therapy and, at the time, was a full-time employee of Therapy Works in Bend, where she had earned a bonus for a job well done not long before. Prior to that, Dailey, who also holds a master's degree in teaching, had worked at Bend Senior High School, leaving on good terms.

Knowing that a person's legal history can be used against them as a form of character assassination during criminal or civil trials, during her deposition, she willingly revealed a few scrapes with law enforcement that she had had as a young person. Dailey described two separate incidents from her teens and early twenties, neither of which resulted in formal charges.

The other law-enforcement-related incidents in her past involved Wirges, her ex-boyfriend.

Around eight years prior to the 2013 incident, Dailey described being attacked by another woman during a verbal encounter involving Wirges at a night club, where no charges were filed. And following their relationship, about 10 years prior to the incident at Velvet, Dailey said Wirges continued to "stalk" her, so she filed a restraining order that eventually expired.

Fast forward to 2013 and the bar fight at Velvet. Dailey would face several charges after that night—including a felony charge—but all criminal charges were later dropped.

A punch

Dailey, now on the floor after her first encounter with Officer Hatoor, said her first instinct was to rise back up.

"I stand up. I have my arms—I remember standing up, and, like I said, being confused, in pain," Dailey recounted in her civil complaint. "I still don't know what's going on. All I know is that everything was fine in the bathroom and now we're being, in my opinion, attacked by these officers and I don't know why, because I've committed no crime. All I've done is break up a fight.

"So, I've been thrown on the floor, I stand up, I'm shocked, I'm confused, I put my hands in the air and say, what the fuck," Dailey stated in her deposition. "And pretty shortly after me saying, what the fuck, Hatoor again grabs the front of my shirt, to the best of my recollection, and all I see—the image that is 100 percent seared in my mind from now until the day I die, is his face, his gray hair, his glasses, and his fist cocked back like this." Dailey said she remembers pushing back against Hatoor, "milliseconds" before he hit her. Five eyewitnesses would testify, corroborating Dailey's recounting of events.

Dailey said the next thing she knew she was on her stomach, with her arms tucked underneath her. Officer Hatoor admitted in his deposition to punching Dailey. Prior to her allegedly striking Officer Kinsella, Hatoor stated that he "would have considered her not an ominous level of (threat)." Dailey stands 5'2" and was 120 pounds. Hatoor is 6 feet tall and weighs 200 pounds. He trained as a third-degree black belt in traditional Japanese karate. In his deposition, Hatoor said he was shifting away from Dailey, trying to "keep from, myself getting hit" when he threw his punch.

As Dailey countered, "It makes sense to me that Hatoor would say that I hit Kinsella as it fits with his narrative of why I deserved to be punched, and he is the one that punched me."

Back on the floor after the punch, Dailey described a struggle in which at least one officer's knees were on her back. She described being unable to breathe, feeling pain in her back and going in and out of consciousness as the officers handcuffed her and led her out of the building. Dailey said her level of consciousness made it difficult to stand or walk. By then, having been thrown to the ground and punched, she was noticeably agitated, asking the officer, "What crime have I committed?"

The officers described Dailey kicking wildly and kicking over a table as they exited with her.

"After they picked me up off of the floor in handcuffs, I did actively push against what ended up being a table/stools with both of my feet when Hatoor pulled my hair," she said. "I felt so violated and damaged. I wanted him to stop touching me. Neither of these events occurred when the bathroom door was initially opened. At that point in time I just had my hands up."

Hatoor, in his deposition, would describe Dailey continuing with "the twist, the weight drops, the lungesforward, the lunges back," as they exited the bar. On the street, Dailey said officers dropped her onto the ground, hands still cuffed, and later, with her foot stuck in the jamb of the police car door, shoved her face into the side of their police car, trying to get her in. Dailey said she feared officers would kill her. While not involved in the situation by the bathrooms, another officer, David Poole, was named in Dailey's civil complaint after Dailey alleged he pulled her body from one side of the car seat to the other.

Other patrons at the bar that night would describe shock that officers had reacted so violently with a woman so much smaller than themselves. In his deposition, Hatoor said that based on the "totality of the situation," he considered Dailey a threat. After he alleged she hit another officer, that threat level changed, he said.

By the time the officers were leaving the bar with Dailey, they stated that other bar patrons were yelling obscenities at them—things like "fuck the pigs" and "you hit a woman!"

Broken bones, broken relationships

Following some time in a patrol car, and after officers charged her with resisting arrest, assault of a public safety officer and interfering with a police officer, a friend at the bar took Dailey to St. Charles Medical Center in Bend. There, hospital staff would diagnose her with two fractured orbital bones—the bones of the eye socket. Seeing the swelling and bruising of her eye, a staff member recommended to Dailey that she file a police report. Dailey says when a police officer arrived at the hospital to file the report, he told her that a report had already been filed.

Dailey hired a criminal defense attorney and pleaded not guilty to the charges against her. The district attorney's office, as Dailey recounted, "offered a deal to dismiss all charges if I would do 16 hours of community service. I told my attorney that I did not want the deal and did not want to do 16 hours of community service, as I was innocent and did not deserve to be punished. I wanted to go to court. She told me that we could go to trial, but it would cost me upwards of $10-15k, and that the end result would be the same. A dismissal is a dismissal. She advised me to take the deal, so after some deliberation I did." She did the community service at a nonprofit in Bend.

The weeks, months and years following the incident were a struggle, Dailey said. "After the assault, I had a difficult time. I had to report the charges to the Oregon PT [Physical Therapy] Board. I was fired from my job Jan. 4, 2014," Dailey describes. "I struggled with PTSD, panic attacks, headaches, nightmares, physical pain, inability to read for a while. I really couldn't walk or drive right after the incident and had a black eye for about six weeks. There is a lot of shame associated with a black eye, I learned. I spent a lot of time alone and it was hard to function. I was scared of the police coming back to hurt me."

click to enlarge Katie Dailey in 2020. Following several years on the East Coast, she returned to Bend in 2019. - COURTESY KATIE DAILEY
  • Courtesy Katie Dailey
  • Katie Dailey in 2020. Following several years on the East Coast, she returned to Bend in 2019.

A call for accountability

Officer Mike Hatoor was determined not to have violated any state or federal laws during the incident and did not use excessive force in violation of Bend Police policy. During their deposition, the owners of Therapy Works said Dailey had been a good employee, but that they let her go because she appeared unable to carry out the duties required of a physical therapist. Dailey spent the next three years working part-time as a server at another downtown bar while working part-time as a PT.

"Though my jobs I really began to see the cognitive deficits that I had not had prior to the assault," Dailey explained. As her attorneys entered into two different mediations, ordered by a federal judge, with the City of Bend, Dailey moved back to the East Coast to enter into an orthopedic residency program. The civil complaint she filed against the City of Bend and officers Hatoor, Pennock and Poole included a federal civil rights claim for police brutality and a state claim for assault. After asking for $300,000 to cover medical bills and lost wages, and having two mediations end in stalemate, in 2017, Dailey said she was preparing to come back to Bend and go to trial.

"The Friday afternoon prior to the trial (scheduled for a Monday), my attorneys called to say the City finally wanted to settle for $200k. My attorneys suggested that I take the settlement, as the trial would be long and emotionally taxing," Dailey stated. "I struggled to make a decision because I wanted the officers who hurt me to have to sit on a stand, in front of a jury, and be held accountable for their actions."

Like many settlement agreements, a clause is included, stating "...the payment herein is not to be construed as an admission by me that defendants are not liable or that their conduct was not wrongful." Dailey agreed to that clause, but also asked that another be added, stating that the settlement also should not be construed as an admission by Dailey that the defendants were not liable or that their conduct was not wrongful.

Dailey also hoped to meet with Bend's city manager following the incident, to share concerns about Bend PD's officers.

"Ms. Dailey, as I recall, tried to contact me through city staff when the settlement was occurring," City Manager Eric King wrote in an email to the Source. "As advised by the city attorney's office, I would not intervene in an active case or do anything to influence settlement discussions that are occurring between the plaintiff, their attorney, and our insurance carrier (CIS) and its attorneys who are handling the case and know the underlying facts and positions of the parties." Dailey told the Source that she asked King to meet again when she moved back to Bend, but that he did not respond.

King told the Source that Hatoor retired in April 2018. In June 2018, he was rehired into a "Retiree Rehire" position as a court bailiff, where he now works "occasional hours," King stated.

As for the settlement, "My only regret is that the officers and the Bend PD at large have never had to answer the hard questions they would have had to answer in a trial," Dailey shared. "I thought that I would feel good after it was all over as it had been three years since the incident occurred. But knowing that the officers would never be charged with crimes, as you or I would have, was, and is, a hard pill to swallow. That they can hurt people, kill people, innocent people, with no regard, remorse or consequence. Hatoor didn't even lose his job. His behavior was condoned and covered up."

For Dailey, who returned to Bend in 2019, the experience shed light on the fact that incidents like this don't just happen "someplace else."

"I want people to know that police brutality occurs in our town at the hands of our officers, who are paid by us to protect us. That having violence done to you is a horrible, dehumanizing experience that forever changes the way you move and function in this world," Dailey told the Source. "I hope [District Attorney] John Hummel starts to press charges against officers who commit crimes. I hope Eric King, [Bend Mayor] Sally Russell, and the Bend City Council stop ignoring this issue and take action to hold all citizens of Bend equal under the guise of the law, regardless of job title. I hope the new Chief of Police holds cops that commit crimes accountable and promotes officers who do their job well. I want our community to be safe from EVERYONE who commits a crime."

Dailey would also like to see internal police investigations, typically deemed confidential, to be public, and for them to be done by people outside the police department. The officer investigation in the case involving Dailey was conducted internally. She also hopes for the use of body cams, (following recent protests, body cams are being planned for Bend PD) and for there to be a means for regular civilians to press charges against a police officer believed to have committed a crime.

"To experience something like this is not normal. And I am one of the lucky ones. Because I am still alive."

About The Author

Nicole Vulcan

Nicole Vulcan has been editor of the Source since 2016. While the pandemic reduced "hobbies" to "aspirations," you can mostly find her raising chickens, walking dogs, riding all the bikes and attempting to turn a high desert scrap of land into a permaculture oasis. (Progress: slow.)
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