OLYMPIA, Wash — A veteran Washington State Patrol (WSP) sergeant committed three serious violations when he issued a citation against an innocent truck driver following an accident in 2022, a year-long internal investigation has found.
Two other WSP officers were cited for minor violations.
A soon-to-be released Office of Professional Standards (OPS) report found Sgt. TJ Johnson violated both WSP conduct and ethics codes, and was insubordinate after a KING 5 investigation brought the case to light in April of 2023.
“(He) was saying things about his command staff and the command of the Washington State Patrol in a way that was not following the authority that he was sworn to,” said WSP spokesperson Chris Loftis, who confirmed details of the OPS report.
The August 2022 accident on Interstate 5 just north of Seattle injured rookie trooper Phirawat Apisit and commercial truck driver Shawn Foutch of Snohomish.
Records show that responding troopers zeroed in on Foutch, who was driving the big rig that struck Apisit’s cruiser and pushed it into a medium barrier. Several officers said they smelled alcohol on Foutch’s breath, but breath and blood tests showed zero alcohol in his system. Foutch said he was a diabetic who had not had a drink in years.
Even after dash cam video showed Apisit’s vehicle darting across several freeway lanes into the path of Foutch’s truck, Sgt. Johnson continued to press for a negligent driving charge against Foutch.
“The sergeant was pushing the false narrative that somehow this had been the fault of the commercial driver,” said Loftis.
Records reviewed by KING 5 showed that Sgt. Johnson called out a WSP collision technician to investigate the accident. When the tech concluded the accident was the young trooper’s fault, Johnson sought a second opinion.
Foutch’s defense attorney, Lucas McWethy of Lynnwood, interviewed the collision tech, who said that he tried to dissuade Johnson from issuing a citation.
But a ticket for negligent driving, which could result in Foutch losing his commercial drivers license, arrived in the mail two months after the accident.
“They knew they were in the wrong and they were just trying to cover themselves,” said Foutch. The prosecutor’s office dismissed the case last year after questions from the KING 5 Investigators.
“One thing we’ve learned is that KING 5 was dead on with their reporting. A year ago everything you reported was accurate,” said Loftis of the internal report’s findings.
Loftis said State Patrol brass decided to demote Johnson back to the rank of trooper, with the commensurate pay cut, but the 30-year veteran retired instead at the end of 2023.
“I think they should have fired him … taken his pension,” said Foutch.
Loftis said he understands the frustration, but said Johnson is no longer with the State Patrol and it is unlikely that he will be in law enforcement again.
The Washington State Patrol Trooper’s Association did not respond to messages seeking a comment from Johnson.
The internal investigation also found a violation by an unnamed lieutenant who supervised Johnson. Loftis said investigators found that the lieutenant told Johnson to drop the case against Foutch, but did not follow up. OPS cited him for failing to take appropriate action and he was reprimanded.
Trooper Apisit was required to undergo 10 hours of additional driver training after investigators proved a finding of “Inappropriate Vehicle Operation.” Loftis said there is no evidence the young trooper participated in the scheme to cite Foutch.
Loftis also said the case is being discussed as a “sad chapter” among the patrol’s more than 2,000 employees, so they know that such misconduct cannot happen again.
“We were wrong and we’re sorry,” he said.