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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(1) A person is guilty of tampering with physical evidence if, having
reason to believe that an official proceeding is pending or about to be
instituted and acting without legal right or authority, he or she:
(a) Destroys, mutilates, conceals, removes, or alters physical
evidence with intent to impair its appearance, character, or availability
in such pending or prospective official proceeding.

Further, under RCW 9A.80.010,

(1) A public servant is guilty of official misconduct if, with intent to
obtain a benefit or to deprive another person of a lawful right or
privilege:
1
Sheriff Hatcher makes similar criminal process arguments as to many of the charges, but we do
not recount it each time.

14
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

(a) He or she intentionally commits an unauthorized act under
color of law.

On January 13, 2020, KPD executed the order to surrender firearms at Ms.

Hatcher’s house. According to the recall petitioners, KPD then met with BCSO

Commander Steve Caughey to return the BCSO property. Based on Commander

Caughey’s interaction with KPD he documented the event because “the sheer

volume of ammunition could be evidence of a crime.” CP at 158. Shortly thereafter

Sheriff Hatcher asked Commander Caughey to redistribute the ammunition.

Commander Caughey did not redistribute the ammunition as he believed this

would “chang[e] the nature and character” of the evidence. Id. at 159. This alone

would constitute a violation of RCW 9A.72.150.

But the proponents of recall allege that Sheriff Hatcher was not finished

attempting to tamper with evidence. On February 14, 2020, immediately after