# Officer Down: Elizabeth Nowak - [Seattle, Washington]



## kwflatbed (Dec 29, 2004)

11/15/2006
*Car thief blamed for police death in Seattle crash*

*Officer Down: Elizabeth Nowak* - [Seattle, Washington]









Courtesy Seattle PD
*Biographical Info*
*Age:* 30
*Additional Info:* Officer Elizabeth Nowak had served with the Seattle Police Department for only two weeks. She had previously served with the Racine (WI) Police Department for five years. 
*I**ncident Details*

*Cause of Death:* Nowak was killed in an automobile accident. *Date of Incident:* November 13, 2006

*Car thief blamed for police death in Seattle crash*
By KOMO Staff & News Services
KOMOTV.com
SEATTLE - A serial car thief with a history of violence has been blamed for a crash in which he and a newly hired Seattle police officer died.
With 20 felony convictions and a number of attempts to run down officers, one of whom shot and wounded him, Neal Ryan Kelley, 35, of Seattle, should never have been out of prison, police said Monday following the death of Kelley and Officer Elizabeth Mary "Beth" Nowak, 30.
"There's no way that this individual should've been on the streets of Seattle, no way he should've been in a stolen car and no way he should've caused this accident," police Sgt. Deanna M. Nollette said.

*Full Story: Car thief blamed for police death in Seattle crash*


----------



## kwflatbed (Dec 29, 2004)

*Washington Officer's Death Caused by Early-Released Criminal*



*HECTOR CASTRO AND SCOTT GUTIERREZ *
_THE SEATTLE POST-INTELLIGENCER_









If the criminal-justice system had cracked down on Neal Kelley, would a Seattle police officer have been spared?
During the summer, Kelley, a serial car thief with a history of confronting officers, was arrested on suspicion of several felonies that likely would have returned him to prison on a probation violation. For reasons so far unknown, he was allowed to roam the streets instead.
Before dawn Monday, Kelley, 35, was behind the wheel of another stolen car - a Honda Accord. He was speeding and driving with his headlights off when he slammed into a car driven by an off-duty officer, Elizabeth Nowak. Both died at the scene.
Only four months earlier, on July 26, Seattle police had arrested Kelley on suspicion of breaking into vehicles near Safeco Field and trying to ram the patrol cars surrounding him. He was booked into the King County Jail and released 10 days later, despite being on probation with the state prison system.
Department of Corrections authorities said Tuesday that they were looking into Kelley's case, prompted by the fact his actions resulted in a death, spokesman Gary Larson said. He could not answer any specific questions about Kelley's community supervision.
"The Department of Corrections is conducting an internal review into the supervision of Neal Kelley," he said.
In August 2004, Kelley was sentenced to 110 months in a Drug Offender Sentencing Alternative for charges stemming from a rash of crimes that included stealing cars, fleeing from police and assaulting officers.
Under DOSA, offenders begin therapy for drug addiction while in prison and are released midway through their sentence as long as they continue treatment in the community. But if the offender violates probation, or commits a new offense, his probation can be revoked and the state can force him to serve the remainder of his prison term behind bars.
It was unclear Tuesday how closely Kelley was monitored after his release or how much his community corrections officer knew about the July arrest. He was released from jail Aug. 7.
Corrections issued a warrant for his arrest Nov. 1 - 12 days before the fatal crash - for not contacting his community corrections officer.
Tony Shapiro, a Seattle attorney who has successfully sued the state over issues involving poor supervision of inmates released into the community, said the initial arrest alone would have been a violation of most standard conditions of community custody.
"Something's wrong here," Shapiro said.
Kelley had more than a dozen felony convictions as an adult, three felony convictions as a juvenile and nine misdemeanor convictions, records show.
His most recent felony case in 2004 included convictions on eight felony charges, including two counts of third-degree assault, malicious mischief, attempted theft, car theft and attempting to elude police.
Kelley likely would have received a sentence of up to five years, with up to a year and half of community supervision under state sentencing guidelines, said Mark Larson, King County chief deputy prosecutor.
But prosecutors worked to get Kelley into DOSA.
Under that system, Kelley was given a prison sentence of about 41/2 years, with the same amount of time under community supervision.
Kelley should have gotten intense treatment in prison as well as upon his release into the community. With credit for time served and time off for good behavior while incarcerated, Kelley was released from prison Jan. 30 - a little more than three years since his arrest in October 2002.
The original 110-month term was above the standard sentencing range, and the DOSA option was supported by the police detectives, crime victims and the defense attorney involved in the case.
To be eligible for DOSA, offenders must have no prior sex offenses or convictions for violent offense within the past 10 years, said Tom McBride, executive secretary of the Washington Association of Prosecuting Attorneys.
Kelley initially faced more serious second-degree assault charges that would have disqualified him from DOSA, but the charges were either dismissed or reduced as part of his plea bargain, court documents say.
In one case, Kelley had dragged a Seattle police officer along Interstate 5 after the officer tried to pull him over. In another case, he was shot while trying to ram King County sheriff's deputies.
The fact that the prior cases involved attacks on police officers should have raised concerns about his eligibility, but it wouldn't automatically disqualify him from the program, especially if prosecutors thought drug addiction was driving his behavior, McBride said.
"The statute says you can get this; it doesn't say you should get it. I think you need to look at what goals did we think we were serving when we did it," McBride said.
Prosecutors were preparing a new case against Kelley involving the July 26 offenses. But they were waiting for a Seattle police detective to complete follow-up reports, including statements from witnesses, which were needed to make charging decisions, Larson said.
On Oct. 31, the Prosecutor's Office sent a reminder note to the detective. On Nov. 2, the detective said in an e-mail that the information was coming soon, according to a statement issued Tuesday by the Prosecutor's Office.
A casket viewing for Nowak, 30, is scheduled today from 1 to 3 p.m. at Bonney Watson Funeral Home on Capitol Hill. A memorial service for her is expected to be held Thursday at the Police Department's East Precinct.
"She really liked being here in Seattle," Seattle Officer Damon Deese said of Nowak. "Her potential was unlimited."
P-I reporter Hector Castro can be reached at 206-903-5396 or .

Copyright 2005 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.
Terms and Conditions | Privacy Policy​


----------



## kwflatbed (Dec 29, 2004)

Seattle officers salute during a memorial service for Officer Elizabeth "Beth" Nowak in Seattle, Thursday. Nowak was killed by the driver of a stolen vehicle Monday. (AP Photo/Kevin P. Casey) Visit Elizabeth Nowak's Officer Down


----------

