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  Questioning the Sheriff’s “Free” Helicopter

  Jul 21, 2024

  The Kootenai County Sheriff’s Helicopter was not paid for by taxpayers, and it is not owned by the Sheriff Department.  It was purchased with money raised by private donors and is controlled by a private non-profit corporation.

  This is an unusual arrangement and many questions have been raised—enough for two articles. This article investigates the purposes and costs of the Sheriff’s helicopter program, and examines other options for  Regional Air Support.  In a follow-up article, Who is Behind KCSO's “Free” Helicopter, we look at the Sheriff's helicopter donors and their connections to Kootenai County government.

   

  What services will the KCSO helicopter provide?

  The case for acquiring a Helicopter dedicated to serving the Kootenai Sheriff’s office was made by KCSO Lieutenant Mark Ellis at the BOCC meeting, of November 8^th, 2021.   He  listed the following, as its primary purposes: 1) Search and Rescue, 2) assistance for ground patrol, 3)  intelligence gathering, and 4) responding to emergencies.   Other uses mentioned were getting medics or L.E. officers to remote areas and patrolling roadways and waterways.

  The helicopter that the KC Regional Air Support Unit (KCRASU) purchased (Able1) is a 1994 BELL Th-67 that is appropriate for surveillance or tranport.  Although it lacks hoist capabilities and is not suitable for mountain rescue,  it could be quite useful for missing person searches or intelligence gathering.

  Although Able1 could be used for traffic patrolsand routine law enforcement,  Kootenai residents have been at several BOCC meetings that  the helicopter "would not be used to enforce traffic infractions on land or water", and would be used primarily for S & R.  However, at this time specific policies that outline appropriate uses of air support for local law enforcement have not been provided. 

  Obviously, chasing down dangerous fugitives would be an excellent use of air support, but Kootenai County doesn’t produce enough high-speed car-chases or escaped felons to keep a Sheriff’s helicopter in business.  The truth is, crime rates in North Idaho are relatively low, and almost all of the incidents in which Able1 has assisted in over the last year have been routine law enforcement matters.  So it is unclear how much a helicopter benefits KCSO in terms of routine Law Enforcment. 

   

  How much did the KCRASU helicopter cost?  And who paid for it?

  The initial cost of KCRASU’s Helicopter TH-67 was about $500K and all that money was provided by donors.   To cover its initial cost of operation, KCRASU asked the BOCC for only $10K per year, even though its real costs of maintenance were much higher. 

  In addition, KCSO has spent over $100K to purchase equipment for Abel1, and has provided at least eight deputies to serve as tactical flight officers. Therefore, the cost to the county of the helicopter program has been very low, but there is a real concern that the cost to taxpayers could be significantly higher in the future.    

  When the helicopter program was announced in late 2021, an experienced helicopter pilot wrote a L.T.E. objecting to the program stating that he believed that over time, the program would be prohibitively expensive.

  “Although the helicopter might be donated to KCSO, normal operating expenses — fuel, maintenance, insurance — are astronomically expensive. Even considering that pilot services and some maintenance labor might be donated, the high-dollar items: turbine engine, transmissions and rotor blades need to be in the budget for replacement or overhaul.”

  The entire LTE is worth reading, because it argues that L.E. helicopter programs are extremely expensive—even if the craft is obtained at no cost. 

   

  What Air Support services are already available to KCSO?

  Probably the strongest argument against the necessity of a privately run Air Support Unit in Kootenai County is that there are already at least four other agencies with better funded, more capable helicopter services in the region that could be called upon for emergencies.

  Spokane Regional Air Support Unit, based only 15 miles from the Idaho border, is run by the Spokane Sheriff’s office, and is funded by federal grants and WA taxpayers.  Spokane currently has three military-grade helicopters that were acquired through government grants. 

  Two Bear Air, specializing in Mountain Search and Rescue, is based in Glacier Montana, and is privately funded by Billionaire Venture Capitalist Mike Gouguen. 

  Life Flight Network, specializing in Medical transport, is funded by a network of hospitals in Washington, Oregon, Idaho, and Montana.  LFN focuses on emergency medical transport.

  36^th Rescue Squadron, based at Fairchild Air Force base, is associated with the USAF Survival School, and has some of the best equipped and trained S & R helicopter teams in the United States.   

  The four well-staffed helicopter agencies listed are all chartered to provide emergency services throughout the inland northwest, so there is already ample air support for S & R, disaster management, and medical transport in Kootenai County.  SRASU can also provide assistance for critical law enforcement matters. 

  Why doesn’t KCSO rely on Spokane’s better-equipped Air Support?

  Kootenai County has relied on SRASU for its air support needs for many years at a cost of only $10K per year.  And KCRASU’s Lt. Mark Ellis is especially well-connected to Spokane’s helicopter program because it was established by his brother Dave Ellis,—who is currently SC undersheriff and Spokane Valley Police Chief. 

  Undersheriff Ellis can be seen narrating the official SRASU video, and he currently serves as Vice President for the Airborne Public Safety Association.   Ellis is also a graduate of the FBI National Academy, so he is well connected and has been able to obtain millions of dollars in federal grants to benefit Spokane’s helicopter program.  

  It is certain the KCSO’s Lt. Ellis consulted with his brother, and got his approval for establishing a private Air Services program, rather than continuing reliance on Spokane’s services?  Why is this?   

  At the BOCC meeting where a private helicopter program was first discussed, the reason Ellis gave for NOT being able to rely on Spokane’s air support unit was that SRASU was “in transition”. But what does that mean?

  It turns out that the Spokane RASU, which already had 3 helicopters, was in the process of applying for grants to upgrade their fleet.  Many of the grants came through, and  Spokane County has recently received over a million dollars from federal agencies to support its programs.  SRASU is even selling one of its S & R equipped helicopters to help purchase a new, high tech, $3M dollar aircraft.    So it seems SRASU was “transitioning” to a even better equipped, better funded program, with advanced capabilities for patrol and surveillance.

  Obviously, Lt. Ellis and his team may have been advised by his well-connected brother about these matters, so there is very likely something behind the scenes that we are not seeing.   But from an outsider’s viewpoint, is still unclear why KCSO needs its own, privately funded helicopter, or why the BOCC was told that Spokane's helicopter program could not be relied on for Kootenai County's legitimate law enforcement needs.  

   

  What are the advantages of Helicopters vs. Drones?

  Another question that came up at the first BOCC meeting where the  helicopter program was discussed, was whether a KCSO helicopter was needed at all, given the advanced capabilities of modern drones.  Helicopters are obviously necessary any emergency situation were persons must be transported to or from remote locations, but the capabilities of newer, specialized drones makes them more attractive than helicopters for many other air support services.  

  Drones are substantially less expensive than helicopters, and their insurance, maintenance costs, and training costs are far, far less as well.   Special purpose drones can be fitted with all sorts of special devices, such as thermal cameras and spotlights for S & R missions.   But even specialized equipment is less expensive than it would be for a helicopter, since drones operate closer to the surface. 

  The Ada County Sheriff's department, which patrols the most populated urban area Idaho, has been operating an unmanned aircraft program since 2017 and uses helicopter contractors for emergencies.  And the KC Volunteer Search and Rescue team may also be favoring drone technology.  It just received a $30K grant for the purchase of an unmanned aircraft.

   

  What then, are the disadvantages of a drone?   Flight time is an issue, and Ellis reported to the BOCC that Drones have only about a 17 minute flight time.   But that is somewhat misleading. Most consumer drones are limited to flight times of less than 30 minutes, but military, or special purpose drones can be deployed for up to an hour or more, and they can be remotely launched from strategic base-stations.   And in terms of elapsed time between a emergency call and deployment of air support, drones can respond significantly more quickly.  

  But there is one serious disadvantage to the use of drones, if “intelligence gathering” is a high priority.  Idaho State Code (21-213) prohibits the use of drones for surveillance without a warrant.   Ada County, for example, uses dedicated L.E. drones, but it has policies in place to regulate their use and protect the privacy of citizens. 

  Strange as it may sound, a flight officer in a helicopter can surveil and record anything within his line-of-sight without a warrant, while a drone cannot.  And unlike photographic evidence obtained by a drone, evidence from a manned aircraft can be used in court.  So helicopters are actully necessary for unwarranted, proactive surveillance in Idaho.  

  Perhaps that is why Lt. Ellis emphasizes “intelligence gathering” as one of the primary purposes of the KCRASU helicopter.   But if unwarranted is a high priority of KCSO's helicopter program, that fact should be made clear to Kootenai County residents.   

   

  How Transparent is KCRASU?  

  The fact that KCRASU aircraft could be used for unwarranted surveillance is one of several inherent problems concerning the transparency of a privately owned Law Enforcement aircraft.  During most of its flights, a tactical flight officer is on board the KCRASU helicopter, who is responsible for providing incident reports of all law enforcement activity.    But beyond this, KCRASU is not subject to Freedom of Information requests, and it is not required to disclose its activities unless an on-duty KCSO officer is on board.

  On the financial side, KCRASU is required to file an annual report disclosing its officers, major expenditures and major donors, but there is no general audit, or insight into how money is raised or spent.

  None of this is meant to imply that KCRASU is engaged in questionable activities.  We are only pointing out that, there is no way for Kootenai residents to obtain information about their off-the-record finances or unwarranted surveillance activities, now or in the future, and the potential for abuse  exists.   

  It is true that Two Bear Air is privately operated, but it involves itself almost exclusively with Search and Rescue and emergency services, not regular law enforcement activities.   

  Certainly there are precedents for successful co-operation between KCSO and private foundations.   KC’s Volunteer Search and Rescue (VSAR) has a long history with KCSO and as a non-profit corporation, it can accept donations of equipment or funds.   But like Two Bear Air,  VSAR operates only within the realm of search and rescue and is not involved day to day law enforcement.   

  In any case, private foundations that are directly linked to law enforcement agencies all have potential for abuse, and this issue is discussed at greater length in Part II.  

  Does a Helicopter Program Make Sense for Kootenai County?  

  The main problem with the Sheriff’s helicopter program, before even considering its problematic reliance on donors and lack of transparency, is that its usefulness for both search and rescue, and law enforcement support is questionable.   

  • There are already several better equipped search & rescue and medical evacuation helicopter agencies in the region.
  • Unmanned aircraft can serve many functions associated with both S & R and L.E., and they operate at a fraction of the cost of helicopters.
  • Both the BOCC and the sheriff assured Kootenai residents that the KCRASU helicopter would NOT be used for enforcing boat and traffic laws.
  • The Spokane Air Support Unit is well-equipped and funded, and it is available for both S & R and limited law enforcement needs of Kootenai County,  

  In short, the sheriff’s helicopter program is unnecessary to begin with, and its reliance on wealthy donors is problematic.  The problems with relying on wealthy donors for law-enforcement services, are discussed in Who is Behind KSCO's "Free" Helicopter? 

   

   

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