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City of Seattle
Ed Murray, Mayor

SUBJECT: SPD Officer Charged With 4th-Degree Assault

7/8/2011  9:00:00 AM
Kimberly Mills  (206) 684-8602

The City Attorney’s Office has charged Seattle Police Department Officer Garth Haynes with one count of Fourth-Degree Assault, a gross misdemeanor, following an SPD investigation of a Dec. 12, 2010 fight outside a Ballard bar.

"We must continue to ensure that police officers, whether on duty or not, are held accountable for their actions." City Attorney Pete Holmes said.

CAO brought the gross misdemeanor charge against Haynes after the King County Prosecutor's Office declined to charge him with a felony. Haynes, who joined SPD in 2009, is on administrative reassignment. If convicted, he faces a maximum term of 365 days in jail and a $5,000 fine. He is scheduled to be arraigned in Seattle Municipal Court at 2 p.m. July 22 in Courtroom 302.

SMC 12A.06.010 Assault.

A person is guilty of assault when he or she:

A. Intentionally assaults another person; or

B. (1) Knowingly operates or knowingly is in actual physical control of a vehicle; and (2) while doing so commits any act defined as an infraction under Title 11, Seattle Municipal Code or Title 46, Revised Code of Washington; and (3) such conduct is a proximate cause of death, great bodily harm or substantial bodily harm to another. As used in this Subsection B, "great bodily harm" and "substantial bodily harm" have the same meanings as in RCW 9A.04.110, as that statute now exists or may hereafter be amended, and "vehicle" has the same meaning as in SMC 11.14.710. This Subsection B is intended to protect the public welfare. No mens rea element that is not specifically stated in this Subsection B shall be inferred or required. Prosecution or punishment under this Subsection B shall not preclude separate prosecution or punishment for any other crime.

Read Criminal Complaint

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