Wash. Supreme Court published opinion — 989681.pdf

Citation: Wash. Supreme Court published opinion — 989681.pdf
Jurisdiction: Washington (state)
Source: Official source
Original Source: https://www.courts.wa.gov/opinions/pdf/989681.pdf ↗

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the recall petition is insufficient. In re Recall of Wade, 115 Wn.2d 544, 549, 799 P.2d

1179 (1990). Further, an official may not be recalled for discretionary acts, “unless

that discretion was exercised in a manifestly unreasonable manner.” Id.

Each category of charge will be addressed for factual and legal sufficiency in

the order they appear on the ballot synopsis.

1. Illegally appropriated for his own use 14 cases of ammunition belonging to
Benton County (petition charge 4)

Sergeant Erickson alleges that Sheriff Hatcher violated RCW 40.16.020 by

holding 14 cases (over 13,000 rounds) of ammunition at his private residence. Under

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
In re Recall Charges Against Benton County Sheriff Gerald D. Hatcher,
No. 98968-1

RCW 40.16.020 it is a gross misdemeanor to “fraudulently appropriate to the

officer’s own use or to the use of another person, or secrete with intent to appropriate

to such use, any money, evidence of debt or other property intrusted to the officer by

virtue of the officer’s office.”

The relevant facts for this allegation are as follows. On January 13, 2020,

officers went to Monica Hatcher’s house to obtain Sheriff Hatcher’s firearms

pursuant to the order to surrender that accompanied the domestic violence protection

order (DVPO) protecting Ms. Hatcher from Sheriff Hatcher. In addition to 10

firearms, the Kennewick Police Department (KPD) found approximately 14 cases of

ammunition (about 13,700 rounds) belonging to BCSO. At this time, pursuant to the

order to surrender weapons, Sheriff Hatcher was not to be in possession of firearms

or other dangerous weapons. Sheriff Hatcher claims the ammunition was “practice”

ammunition. CP at 84.