Enforcing the Laws, but Not Above the Laws

Over the last month several Washington State police officer have been arrested for criminal charges.    We though it wouldn't be a bad idea to see all those arrested in one place.  On November 15, 2011, Yakima County Prosecutor, Jim Hagarty, was arrested for driving under the influence after a collision in Selah.  Hagarty was elected to head up the Yakima County Prosecutor’s Office in 2008 and his arrest has raised some accountability questions among officials.  Hagarty rear-ended another vehicle in the Union Gap area and upon arrival the officers immediately recognized him.  Hagarty performed the preliminary breath test and his blood-alcohol concentration was 0.13 and his performance on the voluntary field sobriety tests suggested he was intoxicated.  He was then placed under arrest and taken to the Union Gap police station.  The breathalyzer machine was not working properly, so the officers transported Hagarty to the Yakima County jail to use its breathalyzer machine.  In route, Hagarty was allowed to call his wife and his attorney, a local, well known criminal defense attorney.  His attorney instructed the officers to seize from asking Hagarty any further questions.  At Yakima County jail Hagarty’s blood alcohol concentration was .109.  The police report indicates Hagarty was cooperative, but slightly intoxicated.  Hagarty released a statement apologizing for his actions: “I sincerely regret this unfortunate incident, and am thankful that no one was injured.  I regret the lack of appropriate judgment made by me in this situation.”  He also stated he is “ready to accept responsibility and the consequences of my actions.”  Hagarty was not booked into jail, but was released to the custody of his attorney.  

On October 27, 2011, a Seattle narcotics detective was arrested for driving under the influence after rear ending a car causing a four car collision in Mukilteo.  The detective was driving an unmarked police car and may have been on duty as he routinely conducts undercover surveillance during his off hours.  Showing signs of being “very intoxicated” the detective was asked to perform a preliminary breath test, which he refused.  He also refused the breath test at the police station.  In the car, officers found at least six empty or nearly empty bottles of peppermint schnapps and vodka.  The police car was impounded and the detective was booked and released.  This is the detective’s second DUI and after defending his first DUI, he served one day in jail, paid a fine, and completed an alcohol education class.  

On October 25, 2011, a Yakima police officer accused of driving under the influence plead guilty to a lesser charge of first degree negligent driving.  The officer was sentenced to 90 days in jail, with 60 days suspended and 30 days to be served on electronic home monitoring.  First degree negligent driving is a common reduction when the defendant has no criminal history and when the defense attorney points out legal issues with the case.  The officer is expected to receive a month’s suspension from the Yakima Police Department.  

On October 17, 2011, a Seattle Police Sergeant was arrested for fourth degree assault after he was seen dragging his girlfriend by her collar and hair in a Leavenworth parking lot.  Chelan County sheriff’s deputies witnessed the incident and arrested the Sergeant, who identified himself as a police officer.  The Sergeant is a 28-year veteran of the Seattle Police Department and was assigned to the domestic violence unit at the time.  Following the incident, the Sergeant was arrested and booked into Chelan County Regional Justice Center where he posted $10,000 bond.  He has been charged with fourth degree assault and a no contact order with the victim was issued after his arrest.  

Hopefully these "mishaps" will give the officers arrested as well as their fellow officers a little more perspective.  No one is perfect and everyone has the right to be treated fairly.  
 

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