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 intimidating a witness if a person, by use of a
threat against a current or prospective witness, attempts to:
(a) Influence the testimony of that person;
....
(3) As used in this section:
....
(b) “Current or prospective witness” means:
(i) A person endorsed as a witness in an official proceeding;
(ii) A person whom the actor believes may be called as a
witness in any official proceeding.
Under RCW 9A.76.180(1), “[a] person is guilty of intimidating a public

servant if, by use of a threat, he or she attempts to influence a public servant’s vote,

opinion, decision, or other official action as a public servant.” Both sections use

the definition of “threat” from RCW 9A.04.110(28),

“Threat” means to communicate, directly or indirectly the intent:
....
(d) To accuse any person of a crime or cause criminal charges
to be instituted against any person; or

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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

(e) To expose a secret or publicize an asserted fact, whether true
or false, tending to subject any person to hatred, contempt, or ridicule;
or
(f) To reveal any information sought to be concealed by the
person threatened; or
....
(h) To take wrongful action as an official against anyone or
anything, or wrongfully withhold official action, or cause such action
or withholding.

Sheriff Hatcher knew that there was an open investigation into his potential

criminal activity. Accordingly, voters could find that when he provided and spread

the false accusation regarding Commander Law’s and Commander Caughey’s use

of ammunition, he attempted to influence the testimony of the potential witnesses.