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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According to Detective Todd Carlson, who distributes practice ammunition, he

distributes the practice ammunition in quantities of 150-200 rounds for the purpose of

practicing, but not stockpiling. He issues “Duty” ammunition for the SWAT (special

weapons and tactics) teams in 50 round increments. Id. at 98. When he saw the

ammunition inventories from Sheriff Hatcher’s home he was “taken aback” as he

understood it to be 14 boxes and not 14 cases. Id. at 99.

9
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

In Detective Carlson’s declaration, he includes a table that details the

ammunition Sheriff Hatcher possessed:

# Ammunition Case(s)
1. 308 Caliber 2 cases (SWAT Duty ammunition)
1 case of .308 Tap ammo
10 boxes / 20 rounds per box= 200 rounds
1 case of .308 Win American Eagle
25 boxes / 20 rounds per box= 500 rounds
2. .223 Caliber 6 cases which compromise [sic] of 5 full cases
and 1 case with 21 boxes out of 25.
A complete case +equals 25 boxes total
3. .40 caliber 4 Cases
1000 rounds per case
4. 9mm 1 Case
1000 rounds per case
5. 22 caliber LR 1 Case (50 boxes / 100 rounds per box)

Id. at 100-01.

According to records, Sheriff Hatcher was assigned a “.40 caliber pistol and a

.223 caliber rifle (NFA) and a 12-gauge shotgun.” Id. at 99. This means that Sheriff

Hatcher was in possession of BCSO ammunition that was not compatible with his

department-issued firearms (though some were compatible with his personal

firearms). This included specific ammunition that was only for SWAT team members

when Sheriff Hatcher has never been a member of the SWAT team. Further, the