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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inhibited the KPD officers’ ability to obtain all of the weapons as ordered. As a

law enforcement officer, he was aware of what was required of him, and he made

misleading statements to the law enforcement officer and arguably to the judge.

There is a prima facie showing that he violated his oath of office.

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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

Sheriff Hatcher mistakenly contends that because this was a private divorce

case, any acts he committed were not “undertaken in his official duties as the

sheriff” and the charges should be dismissed. Appellant’s Br. at 9. The flaw in his

position is that as a public official, Sheriff Hatcher is in a unique position regarding

the law. The sheriff, as the person elected to enforce the law, is always charged

with upholding the laws of the State of Washington. He knew of the court’s

temporary DVPO and the order to surrender weapons, and he knew what was

required to comply with the orders. The voters could find that the sheriff

committed misfeasance and malfeasance when he interfered with the performance

of official duty by misrepresenting the number of weapons he owned or had in his

possession and failed to correct his attorney’s misstatement to the court that all

firearms had been turned over to KPD. They could find that he also committed an

unlawful act when he made a false statement to the KPD officers and/or that these

acts were a violation of the oath of office.

7. Illegally made false or misleading statements to public servants claiming
that he had initiated a criminal investigation into his own conduct when he
had not (petition charges 8 and 9)