Associated Press

SPOKANE, Wash. (AP) - The city of Spokane will pay $1.67 million to the family of Otto Zehm, who was beaten to death at the hands of police in 2006.

An out-of-court settlement reached on Tuesday also called for the city to formally apologize for Zehm's death and to implement better training for police officers.

The settlement follows two days of mediation efforts by U.S. District Court Judge Michael Hogan of Oregon, who called the settlement "constructive" and "generous."

The civil lawsuit was filed by attorneys Jeffry Finer and Breean Beggs on behalf of the mother and estate of Zehm, a mentally ill janitor who died two days after the beating. The lawsuit originally sought $14 million in damages.

The settlement, which must be approved by the City Council, called for Mayor David Condon to issue a letter of apology to Zehm's family, and for a pavilion in a Spokane park to be named in honor of Zehm.

"Today, we have some finality for our citizens, but even more importantly, for Mrs. Zehm," Condon said. "We cannot change the past, but we can acknowledge our mistakes and move forward for a better future for our community."

The civil case is separate from a criminal case filed in federal court by the Department of Justice over Zehm's death.

Police Officer Karl F. Thompson Jr., who was convicted last year in federal court of using excessive force and lying to investigators in the case, was named as a defendant in the civil lawsuit, along with eight other members of the department.

U.S. District Court Judge Lonny Suko of Spokane halted the civil case in 2009, after federal prosecutors alleged that city attorneys were improperly using information gleaned from the case to help defend Thompson against the federal criminal charges.

Police confronted Zehm in a convenience store after two young women reported he was behaving erratically. The women erroneously reported that he may have taken money from an ATM, but Zehm had committed no crime.

Surveillance video in the store showed that Thompson rushed up to Zehm, 36, and began beating him even though Zehm was retreating. Zehm was beaten with a baton and Tasered. He was also hogtied and sat on by officers until he lost consciousness. He died two days later.

Although Thompson was convicted by a jury last year, he has yet to be sentenced for his federal conviction and remains free as his lawyers seek a new trial. U.S. District Court Judge Fred Van Sickle postponed the sentencing after an expert witness claimed that federal prosecutors incorrectly summarized his expected testimony.

The Zehm case reverberated through city politics for years. It was a factor in Condon's victory last year over Mayor Mary Verner, and several city officials tied to the case have been fired.

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