SEATTLE — The Washington State Patrol (WSP) has made a $1.3 million payment to a trucker that a WSP sergeant falsely accused of causing a crash in 2022.
The payment and a written apology from WSP Chief John R. Batiste settled a potential lawsuit from commercial truck driver Shawn Foutch of Snohomish.
“Not only were you involved in a collision caused by a WSP trooper, a WSP sergeant wrongfully had you charged with an infraction as the causing driver,” Batiste said in the letter to Foutch. “The injuries to your person and your truck were then compounded by the potential harm to your reputation and good standing as a professional driver.
Batiste also said the the actions were not only reprehensible, but beneath the standards and expectations of the agency.
“I want you to know the sergeant no longer serves in the Washington State Patrol or in any other law enforcement capacity,” Batiste said. “Also, others involved in the incident whose actions varied from policy and practice have been reprimanded andor retrained. Speaking for the entire Washington State Patrol, we wish you well going forward.”
Foutch was injured in the Aug. 12, 2022 collision on Interstate 5 in Seattle, along with a rookie WSP trooper Phirawat Apisit that hit Foutch’s truck. Foutch was making a routine run when Apisit crossed several lanes of the highway into the path of Foutch’s truck. State patrol reports stated that Apisit was attempting a “rolling slowdown” of highway traffic because of a hazard ahead.
Months after the crash, Foutch received a citation for “negligent driving second degree.” While not a criminal charge, the citation marred Foutch’s professional standing in a job that depends on a clean driving record.
Footage from Foutch’s dash camera showed the patrol car crossing several lanes of I-5 as Foutch attempted to move out of the vehicle’s path. WSP’s expert crash investigator determined Apisit caused the crash and advised investigators not to cite Foutch.
The citation hung over Foutch’s head for months until the King County Prosecuting Attorney’s Office dismissed the case.
In 2023, veteran sergeant Thomas “TJ” Johnson retired from the patrol rather than face the possibility of punishment following a lengthy internal investigation.
“We were wrong and we’re sorry,” said Chris Loftis, WSP spokesperson.
Loftis added that Johnson pursued the case and pushed it with prosecutors even though there was clear evidence of Foutch’s innocence.
Johnson’s lieutenant, Peter A. Cozzitorto, was also investigated and disciplined in the case. He received a written reprimand for a lack of oversight in the investigation.
Foutch has mostly recovered from his injuries but has not returned to work.
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
