Luke Hegdal
Walla Walla Union Bulletin
Walla Walla Union Bulletin
WALLA WALLA — A
Milton-Freewater man has filed a federal civil rights lawsuit against Walla
Walla County and several local law enforcement officers, claiming he was
repeatedly tasered by a sheriff’s deputy, arrested without cause and unlawfully
transported across state lines.
Darin W. Mercado, 51, claims
Walla Walla County Deputy Gerrod Martin, College Place Police Officers Steven
Harris and Robert Benfield and Washington State Patrol Trooper Shawn Williams
violated his civil rights by transporting him from Oregon to Washington, and
used excessive force.
Attempts to contact officials
with the Washington State Patrol, College Place Police Department or the Walla
Walla County Sheriff’s Office were not successful as of this morning.
Mercado also claims in his
lawsuit that Walla Walla County is liable because the sheriff’s office failed
to discipline Martin or provide adequate training.
“The County of Walla Walla,
through its elected Sheriff John Turner, has ratified all of the conduct of the
Defendant Walla Walla County and its agents by failing to provide any
discipline for the abuses, misconduct, and violations of civil and
constitutional rights perpetrated by Walla Walla County Sheriff Deputies
against Darin Mercado on July 6, 2012,” the lawsuit alleges.
Breean L. Beggs, Mercado’s
attorney, said the decision to sue the county follows records requests made to
the sheriff’s office.
“We asked for all the
records,” Beggs said. “Our belief is based on the evidence (that no discipline
occurred).”
Beggs added that Washington
State Patrol is exempt from litigation, and his office hasn’t decided whether
to name the College Place Police Department in addition to the two College
Place police officers.
Mercado is seeking $425,000 in
damages in connection with lawsuit, filed on June 26 in U.S. District Court for
the Eastern District of Washington.
The lawsuit also named two private
citizens, Michael A. Ruth and Steven M. Bly-Riggin, claiming they assaulted him
before his arrest.
In the lawsuit Mercado claims
the two men began following him while he was driving home from Pacific Express
in Walla Walla. According to a Sheriff’s Office report, Ruth and Bly-Riggin
were following Mercado because he was driving erratically, and they believed he
was intoxicated.
The pair contacted dispatch to
report Mercado driving erratically, and eventually Mercado pulled over near
Martin Airfield in College Place.
Mercado claims one of the men
tackled him while the other rummaged around in his car. Ruth and Bly-Riggin
reported Mercado was combative and assaulted them.
After a short tussle, Mercado
got back into his car, and left the area. A short time later, after turning
from Stateline Road onto Burgraff Road in Oregon, Mercado said he noticed a
police car behind him and pulled over.
Martin, in his report, claims
he had been following Mercado with his patrol vehicle lights on well before
Mercado turned onto Burgraff Road.
Martin states in his report
that Mercado was belligerent and “actively resisted” arrest, forcing officers
to employ a Taser several times.
“Multiple warnings were given
to Mercado to stop resisting which were ignored,” Martin wrote in his report.
Mercado, however, claims he
did not “act aggressively or combatively toward the officers.”
“Without warning, the officers
used a Taser on Mr. Mercado,” the lawsuit asserts. “The officers then pushed
Mr. Mercado to the ground face first.”
The lawsuit also claims
Mercado asked Martin, Harris and Williams about “the protocol for his arrests,”
since no Oregon law enforcement personnel were present.
“After Mr. Mercado made this
inquiry, Trooper Williams and Deputy Martin both took an aggressive attitude
toward Mr. Mercado, telling Mr. Mercado they didn’t need a protocol and calling
Mr. Mercado ’smart ass.’”
Martin then transported
Mercado to the Walla Walla County Jail on investigation of driving while
intoxicated. The charge was later dismissed.
Walla Walla County Prosecuting
Attorney Jim Nagle said Wednesday, “We moved to dismiss the case because we
didn’t feel we would be able to prove all the elements beyond a reasonable
doubt.”
Nagle added that the federal
lawsuit has been turned over to the Washington Counties Risk Pool, and a
Spokane law firm will handle the case on behalf of Walla Walla County.
Nagle said the case, which he
categorizes as a civil rights/false arrest lawsuit, won’t likely affect the
prosecution of other cases in Walla Walla County.
“These things are usually
isolated,” Nagle said. “The lawsuit isn’t arguing that this is a common scheme
or common practice.”