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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very ammunition he sought to have redistributed.

Sheriff Hatcher argues that the redistribution of ammunition was a

discretionary act because the ammunition was inventoried before he chose to

redistribute. However, Sheriff Hatcher abused his position as sheriff for his

personal benefit by asking a subordinate to redistribute potential evidence, which

would alter the character of the physical evidence, for an investigation he had just

agreed to begin. His conduct is manifestly unreasonable and is an abuse of

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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

discretion. Further, voters could find that Sheriff Hatcher violated his oath of office

when he chose his self-interest over his oath and committed misfeasance and

malfeasance in the performance of his duty as a sheriff when he violated the law

and attempted to alter the physical evidence by having the ammunition

redistributed.

3. Interfered in an investigation into his conduct by acting to prevent
witnesses from being interviewed (petition charges 11 and 12)

This ballot synopsis charge, and the next, require a bit of context into two

complaints that have been filed against Sheriff Hatcher and the subsequent

investigations of those complaints. At numerous times during the investigations,

Sheriff Hatcher committed malfeasance and/or misfeasance in the performance of

his official duties.

In the midst of the allegations surrounding the stockpiling of ammunition, at

the end of January 2020, Lieutenant Magnuson filed a complaint against Sheriff

Hatcher for violating the 2008 “Benton County Equal Employment Opportunity/