PIERCE COUNTY PROSECUTING ATTORNEY’S OFFICE
Message from our Pierce County Prosecutor Mark Lindquist As your Pierce County Prosecutor, it is my job to help keep our community safe. Keeping our community safe is not our only duty in the Prosecutor’s office, but it is our main duty. We have unveiled a number of new initiatives to address the opioid epidemic, fight crime, and expand our diversion programs. The elder abuse award we received from the Department of Justice of almost $400,000 is set to expire this year, but we will continue to lead the effort to develop a long-term sustainable community response team to effectively prosecute and prevent elder abuse. In late 2017, the Pierce County Council authorized, at my request, a lawsuit against Purdue Pharma and other major pharmaceutical companies for their deceptive marketing campaign that fueled the opiate crisis. We filed the suit in federal court and are asking for injunctive relief to stop Purdue’s deceptive business practices, and financial relief to assist our county in addressing issues associated with opiate addiction, including the burden on the criminal justice system and social services. In 2017, we consolidated our felony and misdemeanor domestic violence team members into one strong trial team. The consolidated team, which includes deputy prosecutors and victim advocates, is housed with law enforcement and other community advocates at the Family Justice Center. The goal is to provide the resources and services to help protect victims of domestic violence in one location. We are the first and only prosecutor’s office in the state which has this coordinated community response designed to prevent domestic violence from escalating and provide victims with a single location for all services. Many of you have heard me talk about our innovative High Priority Offender (HPO) Unit, which focuses resources on the small percentage of criminals who cause a large percentage of crimes.
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We studied the New York model and adapted it for Pierce County. We are using data and modern technology to identify high priority offenders. We are the first prosecutor’s office in the state to develop such a program, and we are already seeing positive results. As of December 31, 2017, 815 HPOs were activated into the program. These individuals are responsible for nearly 3,000 charged felonies. Ninety percent of our convicted HPOs are sentenced to prison, which is above the state average of 36.6%. The average sentence is 60 months, which is above the state average of 16.8 months. Crime is down and our community is safer because, in part, of this innovative program. In March of 2018, we implemented a new pre-charging diversion program for individuals with a behavioral health condition who are arrested on low-level offenses. They will be diverted from prosecution to services in the community. For juveniles, we are seeking funding from the county council for implementation of the Choose 180 program, an alternative program for youth who commit low level non-violent offenses. This program provides youth an opportunity to remain out of formal court proceedings, with meaningful instruction, mentoring, and resources. In years past, a disproportionate number of offenders being released from Department of Corrections (DOC) were released into Pierce County, increasing our crime rate and endangering community safety. The term “Fair Share” was coined to ensure that Pierce County does not receive a disproportionate share of out-of-county offenders. While progress has been made with DOC releases, there is work to be done with dangerous sex offenders being released from the Special Commitment Center (SCC) on McNeil Island. In 2017, twenty-four of thirty-one planned sex offender releases were into Pierce County. Of the twenty-four, sixteen were from other counties. The Pierce County Council agreed with our concerns regarding the releases of these sex offenders into our community, and the necessity of monitoring them. The council added a “Fair Share” investigator to our staff in 2018.
This new investigator will also monitor the release of dangerous offenders from Western State Hospital (WSH). In 2017, I sent a letter to Governor Inslee asking him to intervene, which he did, in the proposed release of Mr. Butterfield from WSH. In 2010, we charged Mr. Butterfield with murder in the first degree but have been unable to prosecute him for the murder due to his mental illness. Mr. Butterfield has a long history of violent behavior and poses a severe risk to others. Today, he remains at WSH obtaining treatment in a secure setting. The recent school shooting in Parkland, Florida and a series of recent threats regarding potential school shootings in Pierce County, have highlighted the need for schools, law enforcement, and the Pierce County Prosecutor’s Office to hold students who make these threats accountable. In addition, it does not appear that all students understand that it is a crime to threaten violence at a school, even if they don’t actually intend to follow through with the threat. Therefore, in March of 2018, I sent a letter to all seventeen Superintendents in Pierce County offering my office’s assistance in making short legal presentations before the student body of all middle schools, junior high schools, and high schools in Pierce County on the law and the consequences of breaking the law. We continue to focus on recruiting and hiring the best public service-minded candidates, seeking diversity and quality. I’m continually impressed by the top talent we are adding to the team. Our future is bright and so is the future of Pierce County. All my best for a safe 2018.
Mark Lindquist Pierce County Prosecutor Page | 3
Content In this report you’ll find detailed information about the work of the 218 men and women of the Pierce County Prosecuting Attorney’s Office who serve the public every day by pursuing justice and protecting our community.
Table of Contents Message from our Pierce County Prosecutor Mark Lindquist
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Community Initiatives
6
Elder Abuse
7
Big Pharma Lawsuit & Opioids
8
Domestic Violence Units Consolidated
9
Keeping Our Schools Safe
10
High Priority Offenders (HPO)
11
Gang Violence Down
12
Human Trafficking
12
Success Reducing Property Crimes Continues
13
Mental Health Pre-Charging Diversion Program
14
Juvenile Diversion Program
15
Alternative Courts and Treatment
16
Fair Share and Staying Vigilant
18
Victim Services and Kiley, the Courthouse Dog
20
Staff & Financial Overview
22
Public Service Culture
24
Office Recognition
25
Office Overview
26
Core Values
27
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Our Mission PURSUING JUSTICE REPRESENTING THE PEOPLE SERVING OUR COMMUNIT Y
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Community Initiatives Our Pierce County Prosecutor Mark Lindquist makes it a priority to stay connected to the community and focus on the issues of greatest concern to the people of Pierce County. The major initiatives of the office address emerging issues, innovative approaches to protecting the public, and ongoing efforts to make Pierce County a safer place to live.
Ruston Way
Mark spoke with more than 200 community groups in 2017 and welcomes the opportunity to speak with your group and hear your concerns and thoughts about how we work together to keep Pierce County safe and strong.
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Elder Abuse Background Prosecutor Mark Lindquist formed the Elder Abuse Unit in 2011 to address the growing population of seniors in our community and their increased risk of being victims of financial fraud and physical abuse. The Elder Abuse Unit works with a network of professionals in the community, including doctors, nurses, financial experts, community advocates, and police officers in the prosecution and prevention of elder abuse to ensure a more secure environment for our seniors. In 2015, the Elder Abuse Unit was awarded a $370,985.00 grant from the Department of Justice to support a comprehensive approach to addressing elder abuse in Pierce County. We were one of nine counties in the country to receive this award. The grant allowed us to create a coordinated community response team geared at enabling quick responses to victim safety concerns, connecting victims to vital services, preserving evidence and apprehending and prosecuting the perpetrator where necessary.
Current Efforts We are leading the effort to implement a sustainable community response team to ensure that after the DOJ grant finishes in 2018, Pierce County maintains a leadership role in the prosecution and prevention of elder abuse. Prosecutor Lindquist, Deputy Prosecutor Sven Nelson, and other staff from our office presented to more than 200 community groups and city councils in 2017 about our work in elder abuse and warning signs of elder abuse.
Red Flags of Abuse Do you know a senior or an adult with a disability who displays warning signs of abuse?
Prosecuting Attorney
Deputy Prosecutor Sven Nelson (253) 798-6613
Neglect • Lack of basic hygiene, adequate food, or clean clothing
• Person with dementia left unsupervised
• Lack of medical aids (glasses, walker, hearing aid, medications)
• Person confined to bed left without care
• Home cluttered, filthy, in disrepair, or has fire and safety hazards
• Homes without adequate facilities (stove, refrigerator, heat, cooling, working plumbing and electricity)
• Untreated pressure “bed” sores
Financial Abuse/Exploitation • Vulnerable elder/adult “voluntarily” giving uncharacteristically excessive payments/gifts for needed care and companionship
• Caregiver has control over finances, but is failing to provide for elder’s needs • Newly-changed legal documents (Power of Attorney, will, etc.) that elder is unable to comprehend
• Lack of amenities victim can afford
Psychological/Emotional Abuse • Withdrawal from normal activities
• Caregiver is verbally aggressive or demanding, controlling, overly concerned about finances of elder
• Caregiver isolates elder by controlling access to him/her
Learn about the signs of elder abuse: pierceprosecutor.org/elderabuse
Physical/Sexual Abuse • Inadequately explained fractures, bruises, or injuries • Unexplained sexually transmitted diseases
Contact Us: (253) 798-7400
If you know someone who is in immediate danger, call 911 or local law enforcement
Featured Case
State of Washington vs Jenaro Matthews Jenaro Matthews head-butted his 67-year-old mother who is in a wheelchair, and struck her numerous times causing broken ribs and a punctured lung. He was found guilty of Assault in the Second Degree and sentenced to an exceptional sentence of 100 months in prison.
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Big Pharma Lawsuit & Opioids Pierce County Sues Big Pharma On December 15, 2017, at the request of Prosecutor Lindquist, the Pierce County Council authorized the Pierce County Prosecutor’s Office to file a lawsuit against Purdue Pharma and other major pharmaceutical companies. On February 1, 2018, after months of research and careful consideration, the office filed a federal lawsuit against the three largest manufacturers and marketers of prescription opioids in the United States: Purdue, Endo, and Janssen. Opioid overdoses are the leading cause of death in the United States, surpassing fatal car accidents. In Pierce County, opioid use has reached crisis levels. From 2012 to 2016, there were 423 opioid-related deaths in Pierce County.
The lawsuit contends the opioid crisis was partly created by the practices of pharmaceutical companies in providing false and misleading information to doctors and patients, including claims that opioids were not addictive and were a safe way to treat longterm and chronic pain. In 2016, the CDC concluded there was no evidence that opioids were effective at addressing long-term or chronic pain. Pierce County is working with outside council Keller Rohrback to seek both injunctive and monetary relief -- injunctive relief to stop the practices that contributed to the opioid epidemic, and monetary relief to recompense the county for the high cost to the public resulting from the opioid epidemic. The monetary relief will allow Pierce County to fund greater efforts to address the behavioral health impact opioids have had on our county.
“Emerging evidence shows that Purdue and other drug manufacturers engaged in a deceptive marketing campaign that fueled the opioid crisis. Where there is harm to the people, there should be accountability for the corporations.” - Prosecuting Attorney Mark Lindquist Page | 8
Domestic Violence Unit Domestic Violence Units Consolidated Domestic Violence crimes are crimes committed within families, marriages, dating relationships and households. They include assault, harassment, property damage and violation of protection orders. We are the first Prosecutor’s Office in the State of Washington to consolidate our felony and misdemeanor prosecutors and victim advocates at a Family Justice Center. This has resulted in an effective coordinated response to the prosecution of domestic violence cases. The newly consolidated Domestic Violence Unit, supervised by Deputy Prosecutor Eben Gorbaty, prosecutes felony and misdemeanor crimes with the goal of protecting victims, holding perpetrators accountable, and preventing domestic violence from perpetuating and escalating. The Unit is housed inside the Crystal Judson Family Justice Center (CJFJC) where we partner with law enforcement officers and other professionals from several community agencies.
Coordinated Community Response At the Crystal Judson Family Justice Center, victims can meet with prosecutors, victim advocates and law enforcement officers in one safe location. Even in non-criminal matters, victims can meet with community victim advocates and receive the individual assistance they need for getting safety planning, protection orders, housing, and legal and mental health counseling. By offering these services in a single place, the center reduces the barriers that, historically, have kept victims from getting help. Together, the prosecutors, victim advocates and other partners of the Crystal Judson Family Justice Center employ a “coordinated community response� to domestic violence. We provide victims of domestic violence and their families with the opportunity to lead safer, more stable lives.
Featured Case In June 2017, a 51-year-old Tacoma man with a pattern of domestic abuse was court-ordered not to contact his wife. In September 2017, he assaulted his wife in the presence of their young son. He strangled his wife, cutting off her airway, while threatening to kill her. The next day, he was caught and arrested and found to be in possession of methamphetamine. He pled guilty to five felonies including Assault in the second degree, Felony Harassment and Violation of a No-Contact Order. He is facing a sentence of more than five years in prison. Page | 9
Keeping Our Schools Safe
“Our duty in the Prosecutor’s Office is to help keep the community safe. Protecting the community includes keeping your school and each one of you as safe as possible.” - Prosecuting Attorney Mark Lindquist
Prosecutor Lindquist, Deputy Prosecutors Erica Eggertsen and Angelica Williams speaking at Gates High School.
School Violence The recent shooting at Marjory Stoneman Douglas High School in Parkland, Florida has highlighted the need for schools, law enforcement, and the Pierce County Prosecutor’s Office to hold accountable students who threaten to bring harm to our children, teachers and staff in our schools. Schools are a place for learning, not violence or threats.
The school shooting in Florida, and a series of threats regarding potential school shootings in Pierce County, have also highlighted the need for education on the law. Not all students grasp the seriousness of threatening to bring violence into our schools, whether by use of a firearm or other means. Some students don’t understand it is a felony crime to threaten violence at a school, even if they don’t actually intend to follow through with the threat.
Improving School Safety In 2018, Prosecutor Lindquist sent a letter to every school Superintendent in Pierce County and offered our assistance in instructing their students in middle school, junior high school, and high school on the seriousness of school threats. The short legal presentation includes the law and the consequences of breaking the law, and allows students an opportunity to ask questions. On March 26, 2018, Prosecutor Lindquist and his staff presented on the topic of school safety to nearly 1000 students at Ford Middle School in the Franklin Pierce School District, with many more school presentations scheduled throughout Pierce County. The sixth, seventh, and eighth graders at Ford Middle School had many questions for Prosecutor Lindquist, Chief of Staff Dawn Farina, and Deputy Prosecutor Sarah Page | 10
Eaquinto, after the presentation, including what’s the fine line between free speech and illegal speech? What are the consequences of making a threat on Snapchat? Are we safe? Prosecutor Lindquist told the students that “free speech has limits. For instance, you can’t yell fire in a crowded theater and you can’t threaten the safety of students in their school.” In response to the Snapchat question, Prosecutor Lindquist reminded the students that “the contents of Snapchat never really disappear. A threat made to a school will always be taken seriously, no matter the mechanism for delivering the threat.” Prosecutor Lindquist concluded with “we are safest when we all work together.”
High Priority Offenders (HPO) About HPO
Identify High Priority Offenders Early
The High Priority Offender (HPO) Program focuses our limited resources on the small percentage of the criminals who cause a large percentage of the crimes. Prosecutor Lindquist formed the HPO Unit in 2015, after a year of preparation. We are using data, intelligence, and modern technology to identify these high priority offenders.
As of December 31, 2017, 815 offenders were activated into the program. These 815 offenders are responsible
that percentage climbing to over 90% of high priority offenders being sent to prison. This is more than double the
for nearly 3,000 charged felonies. They averaged 25 prior arrests, 11+ felony convictions, and more than three prior trips to prison.
state average of 36.6%. The average length of all felony sentences for high priority offenders is more than three times the state average.
We continue to review and improve the program, with the assistance of our investigator Gene Miller, identifying the career criminals with the greatest impact on public safety. In 2016, more than 80% of the high priority offenders were sentenced to prison. In 2017, these adjustments resulted in
In a month to month comparison of July 2015 thru June 2016, the first year of the HPO program, and July 2016 thru June 2017, the second year of the HPO Program, there was a 6.7% decrease in the number of felony referrals to our office, 650 fewer felony cases.
The primary goal of the High Priority Offender Program, supervised by Deputy Prosecutor Lisa Wagner, is to reduce overall crime in Pierce County. Two years into the program, we’re seeing the kind of positive results that early reviews of the program promised. Similar data-driven prosecution programs have been successful in New York and other east coast cities. We studied their models and adapted them for Pierce County.
Featured Case
State of Washington vs Jake Belanger 31-year-old Jake Belanger has seven prior convictions for felony assault, felony elude, burglary, possession of stolen property, possession of drugs, and drug dealing. He had three prior trips to prison and never served more than two years. A few months after his release, he was arrested for drug dealing and unlawful possession of firearms. He was charged and prosecuted by the HPO Unit. He was found guilty and sentenced to 356 months in prison.
“Our office is increasing public safety by identifying high priority offenders early in the process and seeking high bail and longer prison sentences.� - Prosecuting Attorney Mark Lindquist
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Gang Violence Down Gang Violence is down an additional 23% in 2017. The Gang Unit, supervised by Division Chief Jared Ausserer and Deputy Prosecutor Greg Greer, uses vigorous and innovative methods to reduce gang violence, including conspiracy charges and successful sweeps of particularly violent gang members. Prosecutor Lindquist formed the unit in 2010 to combat an up-tick in gang violence so that Pierce County did not return to the gang violence of the 1990s. Through prosecution, as well as intervention and prevention programs with our partners, the Gang Unit has made Tacoma and Pierce County safer for everyone.
Human Trafficking The Human Trafficking Unit protects children and other victims and holds perpetrators accountable through vigorous prosecution, developing expertise, and collaboration with law enforcement and the community.
Featured Case
State of Washington vs Colt-Sarmiento In November 2015, Alberto Colt-Sarmiento orchestrated a shooting that killed 18-year-old Elijah Jheryl Crawford on Tacoma’s Eastside. Crawford was a bystander where a fist fight had been arranged, but shots were fired on the crowd once Crawford and his friends arrived. Another teen was shot in the face and shoulder and was treated at the hospital. Colt-Sarmiento was convicted of murder in the second degree, two counts of assault in the first degree, and unlawful possession of a firearm. Two other defendants, Juan Javier Zuniga-Gonzales and Trino Valentino Martinez pleaded guilty for their roles in the shooting. Colt-Sarmiento was sentenced to nearly 61 years in prison. Page | 12
Our Human Trafficking deputy prosecutors work with law enforcement and task forces in the preparation of large operations. These cases are very complex and often have several defendants with gang ties and multiple crimes and victims.
Featured Case
State of Washington vs Escalante & Williams In 2014, Curtis Escalante, 26, and Michael Williams, II, 25, were arrested for human trafficking involving two underage girls, 15, and 16-years-old. The men were arrested after one of the girl’s mother saw an advertisement on backpage.com with her daughter’s picture. In 2017, both men pleaded guilty. Escalante was sentenced to more than 16 years in prison. Williams was sentenced to 12 ½ years.
Property Crime Reduction In 2017, the Pierce County Council provided the Prosecutor’s Office with funding and positions to support the Pierce County Sheriff’s Department Proactive Property
Featured Case
State of Washington vs Tyler Michael Townsend
Crimes Unit. Deputy Prosecutor Scott Peters supervises this unit. The additional staff and improved communication allowed by those additions have increased the percentage of referred cases the Prosecutor is able to charge and has reduced, by almost half, the amount of time between referral of those
In May of 2017, Townsend pleaded guilty to 14 separate crimes, including burglary, unlawful possession of a firearm, and multiple counts of theft of a motor vehicle and attempt to elude police. He was sentenced to over seven years in prison. Townsend is a High Priority Offender.
cases and charging.
2017 Burglaries Down
33%
2017 Armed Robberies Down
22%
The Pierce County Sheriff reported that burglaries in the first half of 2017 were down 33%. Armed robberies were down 22%. Page | 13
Mental Health Diversion
BEHAVIORAL HEALTH IS AN ISSUE REACHING CRISIS PROPORTIONS ACROSS THE NATION, AND PIERCE COUNTY IS UNFORTUNATELY NO EXCEPTION.
Behavioral health concerns can keep offenders in a revolving cycle through the criminal justice system and emergency services, creating burdens on offenders, individual victims, and society as a whole. Our office continues to pursue innovative approaches to address both the needs of the population struggling with behavioral health concerns and reducing those burdens. In 2017, the Prosecutor’s Office collaborated with the Pierce County Executive’s Office, other members of the criminal justice system, and community based service providers to develop a proposal for a pilot project to better serve this community and
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the public by providing oversight and services to offenders with mental illness. The collaboration resulted in Pierce County successfully obtaining $1.9 million in federal funds in 2018 to initiate programs to reduce the number of persons with mental health issues entering or re-entering the criminal justice system. The Prosecutor’s Office will use its portion of the funds, over $300,000, to implement a precharging diversion program in March, 2018. The goal of this program is to increase community safety by diverting low-level mentally ill offenders into treatment and
connecting them with other social services. This will include case management by a mental health service provider, and oversight by the Prosecutor’s Office, to stabilize their condition and reduce the likelihood of future criminal activity.
Our office already participates as a partner in a number of Pierce County’s alternative courts designed to reduce recidivism, increase public safety, and improve the use of public resources to provide better outcomes for alternative court offenders.
Juvenile Diversion Program
The primary focus of juvenile court is the rehabilitation of youth who commit offenses, taking into consideration accountability and community safety. When the Pierce County Prosecutor’s Office, overseen by Juvenile Division Chief Kevin Benton, reviews police reports for charging, we evaluate whether there is an appropriate alternative to the filing of criminal charges. There are statutory alternatives available, to include the formal diversion program authorized under state law. The Prosecutor’s Office seeks innovative alternatives to formal involvement in the juvenile justice system. Choose 180 is such a program. We are working with our
juvenile court to seek funding from the County Council for this new program. The Choose 180 program can accommodate up to 35 youth per month, or 420 per year, and provides them with an opportunity to remain out of the formal juvenile justice system. The program gives them meaningful instruction and mentoring, along with referrals to resources within the community where the youth resides. This program is staffed with members of the community who are intensely interested in giving youth a second chance and provides them with the necessary tools and resources to overcome their challenges. Choose 180 identifies and partners with community stakeholders who help provide these resources.
Youth who are offered the Choose 180 program attend a Saturday workshop staffed with community members who share their issues and struggles, many of which are shared experiences by the youth. These speakers are able to effectively engage these youth, and talk about the commitment they made to change the direction of their life. Youth are connected with resources and individuals in their own community to help address their individual needs. Successful completion of this program is reported back to the Prosecutor’s Office and the case is closed without ever having been charged.
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Pierce County Alternative Courts & Treatment Felony Drug Court The Pierce County Felony Drug Court Program is the second largest drug court in Washington State and began operations in October of 1994. Eligible defendants who choose to enter the program agree to complete a rigorous treatment plan and court monitoring for approximately one year. The primary goal of the Pierce County Felony Drug Court is to reduce recidivism and the need for incarceration by offering an alternative to jail and probation through participation in assessment, education and treatment for nonviolent, drug-addicted defendants that will take a minimum of twelve months. Pierce County Drug Court, supervised by Deputy Prosecutor Rose Wilhelm, successfully graduated over 1400 participants who have gone on to live healthy and crime free lives. In 2017, 144 defendants were enrolled in Drug Court and 73 participants graduated. Those included 7 enrolled in the Veterans track of drug court.
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Felony Drug Court Graduates in 2017
Veterans Treatment Track
Mental Health Court
Drug Abuse Reduction Team (DART)
The Veterans Drug Court Track is designed to help Veterans who are addicted to drugs and alcohol. This program is supported by case managers and treatment providers.
Mental Health Court had its first graduate in November 2016. The diversion program, similar to Drug Court, was implemented in January 2015 by a team, which included the Prosecuting Attorney’s Office.
The Veterans Drug Court assists clients in finding Veteran Administration resources through our partnership with Washington State Veterans Affairs and Veterans Administration.
The program was created in an effort to address defendants whose criminal behavior is attributed to their mental health issues.
The DART program was developed in response to the opioid crisis facing Pierce County. DART offers some offenders facing felony drug possession charges the opportunity to resolve their cases as misdemeanors in exchange for oversight by District Court Probation, which has a Behavioral Health Unit.
Services include the following: Post-Traumatic Stress Disorder (PTSD) treatment, housing, mentoring and VA compensation eligibility. Other resources are available depending on the veteran’s discharge eligibility. Eligible Veterans must complete all program requirements, which will include participation with veteran mentors, chemical dependency and a mental health
A successful participant must be in the program for a minimum of 18 months, graduate through multiple phases and transition away from dependence on the team to an independent, healthy, law-abiding life. As of the end of 2017, Mental Health Court, supervised by Deputy Prosecutor Karen Benson graduated more than 19 participants. With funding from Optum in 2018, the Mental Health Court will double its capacity in 2018.
assessment.
7
Veterans Track Graduates in 2017
19
Mental Health Court Graduates in 2017
Probation shepherds offenders with behavioral health issues through the treatment and monitoring requirements that come as part of the resolution of their case. Our deputy prosecutors work with the courts, defense attorneys, and District Court Probation to create case dispositions aimed at helping offenders battling substance abuse to overcome their drug problems, thereby reducing future crime. 122 people have been enrolled in the DART program, supervised by Deputy Prosecutor Bryce Nelson, since it began in 2016. Graduation from DART requires successful participation for at least 18 months, so DART has not seen its first graduate; however, it is making a difference in the lives of its participants and their family and friends.
122
Enrolled in the DART since 2016 Page | 17
Fair Share & Staying Vigilant
McNeil Island
In years past, a disproportionate number of offenders being released from Department of Corrections’ custody were released into Pierce County, increasing our crime rate and endangering community safety. We have stopped that. This fight for “fair share” has long been a priority of Prosecutor Lindquist. In 2007, the Washington State legislature passed Senate Bill 6157, which contained a “fair share” provision requiring that, with some exceptions, an offender released from the Department of Corrections should be returned to the county of their first felony conviction. Our office lobbied to pass that bill and its fair share provisions. In the years since, our office has remained vigilant so that Pierce County does not receive a disproportionate share of offenders from the Department of Corrections. In 2017, our Investigative Services Unit Chief, Keith Barnes, prevented the Department of Corrections’ release of a King County Crip gang member to a vacant address in Pierce County. Barnes brought this to the attention of the Department
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of Corrections, which stopped the release of this violent King County offender into Pierce County. We are now seeing an increase in the number of sex offenders from other counties being released into Pierce County, including some of the most dangerous sex offenders from the Special Commitment Center on McNeil Island. There are approximately 227 sex offenders residing at the Special Commitment Center. In 2017, there were 31 planned releases from the Special Commitment Center’s Transitional Facility, also located on McNeil Island. Of the 31 planned releases, 24 releases were into Pierce County. Only eight of these 24 dangerous sex offenders were Pierce County cases. The Pierce County Council shares our concern regarding the disproportionate releases of dangerous sex offenders into Pierce County. In 2018, the council, at Prosecutor Lindquist’s request, added an investigator position to our office to monitor these releases.
The investigator, Dan Davis, will not only monitor releases from the Department of Corrections and the Special Commitment Center, but will also monitor proposed releases from Western State Hospital. In 2017, Prosecutor Lindquist wrote a letter to Governor Inslee asking him to intervene in Western State Hospital’s proposed release of Lawrence Butterfield, an individual with a long history of violent behavior. In 1980, Mr. Butterfield was committed to Western State Hospital for a violent assault with intent to kill against his father. In 2002, Western State Hospital released him into Pierce County, despite him having no prior connection to this county. In 2010, our office charged Mr. Butterfield with murder for stabbing his roommate to death. The murder charge was dismissed in 2011 when he was found not competent to stand trial and unlikely to
gain competency. The charge was refiled in 2013, 2014, and 2017 because the Prosecutor’s Office received notice that Western State Hospital was again proposing to conditionally release him into the community. Each time we had to dismiss our prosecution when the doctors concluded that he was not competent to stand trial and that it was unlikely competency could be restored. This individual suffers from serious mental health issues and poses a great risk to public safety. Doctors on the forensic side of Western State Hospital have repeatedly found him to be at a “moderate to high risk for future serious dangerous behavior.” As a result of our vigilance, and assistance from the Governor’s Office, Mr. Butterfield remains at Western State Hospital receiving quality treatment in a secure setting.
Western State Hospital
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Victim Services
& Kiley the Courthouse Dog Entering a courthouse can be a frightening experience, especially for children. When words are not enough, Kiley, the Pierce County Prosecutor Office’s service dog, is available to provide a calming and reassuring presence to victims and witnesses, and thereby assist in the truth-seeking process. A divided and distraught family arrived at the courthouse separately to attend court proceedings involving the murder of their loved one. They told Victim Advocate Michelle Walker that they were not on speaking terms and did not wish to be together during the court proceedings. Enter Kiley, the courthouse dog. Kiley’s presence not only brought smiles to the faces of the distraught family, she brought the divided family together. The conflict between the family members was forgotten.
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Kiley has been with the Pierce County Prosecutor’s Office for six years as the courthouse dog. She joined our team in February of 2012 after Prosecutor Lindquist sought approval from the county to permit Kiley into the building on a daily basis. She continues to be a valuable member of the Prosecutor’s Office Victim Witness Services Unit, which provides resources and support to over 32,000 victims and witnesses every year. Advocate Michelle Walker has assumed financial and custodial responsibility for Kiley. Kiley’s training began at birth. She completed nine months of professional training and responds to approximately forty commands. Advocate Michelle Walker was required to attend an intensive two-week training course, prior to being paired up with Kiley and earning the Public Access Certification by Assistance Dogs International. When wearing her blue vest, Kiley knows that she is working. She is trained to remain calm in all situations, ignoring distracting noises. She seems to sense when a young or elderly victim or witness needs her attention. Without being instructed, Kiley will calmly approach and seek to comfort them.
Prosecutor Lindquist with Kiley Page | 21
Staff & Financial Overview 1
218
105 112
Total Employees
Total Grant Funding
Financial Fraud & ID Theft Task Force Grant According to the Federal Trade Commission, identity theft costs American consumers billions of dollars each year and tops the list of consumer complaints reported to the FTC and other enforcement agencies each year. Prosecuting financial fraud and ID theft cases can be difficult and time consuming, and some jurisdictions lack the resources to prosecute them at all. The Pierce County Prosecutor’s Office received funding through the Greater Puget Sound Financial Fraud and ID Theft Task Force in 2017, and has a deputy prosecutor who focuses on financial fraud and ID theft cases here in Pierce County. Priority in the task force is given to cases with vulnerable victims, defendants who have gang involvement, large dollar loses, repeat offenders, and cases involving organized crime.
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Elected Prosecutor Deputy Prosecuting Attorneys Support Staff, including victim advocates, child interviewers, legal assistants, paralegals, and investigators
$5,048,700 Mental Health In response to the ongoing mental health crisis, the Prosecutor’s Office joined with other county departments and community-based service providers to craft a proposal to reduce the burden on the criminal justice system and on the county posed by low-level offenders whose criminal activity is driven by mental health disorders. In 2018, the county secured $1.9 million in federal funding to create programs, including the Prosecutor’s pre-charge diversion program, aimed at stabilizing and treating offenders with mental health disorders to reduce recidivism and provide better outcomes for those with mental health disorders.
2017 BUDGET
$30.7 MILLION 2018 BUDGET
How is the money spent?
88%
12%
$32.5 MILLION Salaries and Wages = 88% of our total budget $27,016,000 Supplies, equipment and other services, including witness travel and expert witnesses
Budget by Program
Civil – 16% Family Support –12% Juvenile – 5.8% Misdemeanor – 10.5% Office-wide Support – 5.1% Felony – 49.8%
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Public Service Culture Service to the community is a priority for the Prosecutor’s Office both in and out of the office. Staff from the office actively participate in programs such as the Veterans Family Law Clinic, National Crime Victims’ Rights Week, National Domestic Violence Awareness Month, Adopt a Family, which provides items to families in need during the holidays, and fundraising drives for the Crystal Judson Family Justice Center. In addition, staff from the office are involved in the following organizations, boards and councils.
American Inns of Court
Pierce County Ethics Commission
Camp Seymour Advisory Council
Pierce County Minority Bar Association
Central Valley School District Crystal Judson Family Justice Center Partners Department of Social and Health Services’ Child Protection Team Fife Police Reserve Academy
Pierce County Regional Child Abduction Response Team Washington Women Lawyers Pierce Chapter Pierce County Young Lawyers
Gig Harbor Fire Commissioner
Rebuilding Hope Sexual Assault Center of Pierce County
Helping Other People with Epilepsy Volunteer Program
Rotary
Lawyers Helping Hungry Children
Safe Streets Neighborhood Watch
Loren Miller Bar Association Military and Civilian Domestic Violence Response Group Neighborhood Clinic National Association of Legal Secretaries National Intercollegiate Lacrosse Officials Association NW Intertribal Court System OPTUM Behavioral Health Citizens Advisory Board Palmer Scholars Foundation Pierce County Committee Against Domestic Violence Pierce County Citizens Advisory Board
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St. Charles Borromeo Catholic School Superior Court Judges Association, Juvenile and Family Law Committees Tacoma Community College Board of Trustees Tacoma Community College Foundation Board Tacoma Group Health Leadership Advisory Tacoma Human Services Commission Tacoma-Pierce County Bar Association
Tacoma Police Department’s Child Abduction Response Team Tacoma Pride Festival Awards Committee Tacoma-Pierce County Bar Association’s Volunteer Legal Services The Tahoma Center Building Tulalip Tribe University Place Presbyterian Church Urban Grace Church Washington Council of Police and Sheriffs Washington Homicide Investigators Association Advisory Board Washington Lacrosse Officials Association Washington Women Lawyers Association Washington Leadership Institute Washington State Bar Association Criminal Law Section and Disciplinary Advisory Round Table Western Washington Wrestling Officials Association YWCA
Office Recognition Prosecutor Lindquist and his Chief of Staff, Dawn Farina, received the Special Pro Bono Leadership Award, presented on behalf of the Tacoma-Pierce County Bar Foundation for their work with the Puyallup Tribe and Volunteer Legal Services to improve lives with legal aid. The award was presented for their vision and dedication in facilitating the creation of the new Native American Legal Aid Program which helps meet the need for legal services for Puyallup tribal members and the urban Indian population in Pierce County. In early 2017, the Puyallup Tribe made a generous grant of $200,000 to the TacomaPierce County Bar Foundation. The unrestricted donation and unprecedented funding and partnership made this legal aid program possible.
The National Association of Legal Secretaries (NALS) of Pierce County presented two 2017 awards to the Pierce County Prosecutor’s Office. The first was the award for Outstanding Community Service. The second award for Boss of The Year was presented to Prosecutor Mark Lindquist. The Outstanding Community Service award is presented to the Pierce County law firm which has demonstrated a strong and ongoing commitment to community service. The nomination letter specifically cited one of the office’s most successful programs, the Family Law Clinic for Veterans. Boss of the Year was then presented to Prosecutor Lindquist. The award is presented to one outstanding “Boss” who exemplifies professionalism and leadership at its finest.
“Our office is blessed with many servant leaders. We are committed to being life-long learners who will leave this community stronger and safer than we found it.” - Prosecuting Attorney Mark Lindquist Page | 25
Office Overview
The Pierce County Prosecutor’s Office comprised of the following divisions:
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The Criminal Division protects the public and makes our community safer. This division reviews more than 22,800 criminal cases every year and includes a Homicide and Violent Crimes Division and Major Crimes Division. Specialized felony trial teams include Homicide, Elder Abuse, Domestic Violence, High Priority Offender, Gangs and Human Trafficking, Special Assault (which includes Child Sexual Assaults and Rape), Robbery, Assault and Arson, Identify Theft and Property Crimes (which includes Burglary), Drugs, and Vehicular Homicide. The Misdemeanor Division prosecutes misdemeanor and gross misdemeanor offenses committed in unincorporated Pierce County and the incorporated city of Edgewood. Domestic Violence and Driving under the Influence of Intoxicants are the two primary areas of prosecution. Our Misdemeanor and Felony Domestic Violence Units are housed at the Crystal Judson Family
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Justice Center. The Family Justice Center provides comprehensive services in one, central, and safe location in downtown Tacoma. It comprises many community and government partners, including the Pierce County Prosecutor’s Office. The Juvenile Division adjudicates juveniles who commit felonies and misdemeanors. The division works collaboratively with the Juvenile Probation Department’s Diversion Unit for intervention and services. The Appeals Division defends all criminal convictions challenged on appeal, and oversees our office’s Ethics Committee, providing training to deputy prosecutors in accordance with prevailing state and federal law. Specially trained victim advocates in our Victim Witness Assistance Services Division provide services to thousands of victims and witnesses every year, including accompanying them to court hearings and/or interviews, assistance in applying for Crime Victims’ Compensation, completing a Victim Impact Statement for the court, referrals to local social service agencies and programs,
Core Values JUSTICE requests for restitution for financial loss incurred as a result of the crime, and written notification of charges, scheduled court dates and victims’ rights. The Civil Division provides legal advice to county officials and represents the county’s interests in court, including vigorously defending against baseless lawsuits. The Family Support Division protects the best interests of children, establishes parentage, and enforces child support, collecting over one million in child support every year, thereby reducing the burden on taxpayers. The Investigative Services Division conducts field investigations and interviews, locates witnesses, serves subpoenas, and monitors the placement of offenders, including sex offenders, by the Department of Corrections, the Special Commitment Center, and Western State Hospital.
We vigorously protect the rights of the people of Pierce County and hold offenders accountable. We support crime victims and their families.
EXCELLENCE We maintain the highest standards of personal and professional performance in service to the community.
TEAMWORK We work respectfully with each other, all members of the justice system, and the community to promote the public good.
ACCOUNTABILITY We believe in open government and accept responsibility for the decisions we make. We are fiscally sound, innovative and operationally efficient.
INTEGRITY We hold ourselves to the highest ethical standards in carrying out our responsibilities.
RESPECT We treat our co-workers and all members of the community professionally, fairly and with dignity.
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2017- 2018 Community Re p o r t T h e Office o f Pierce Co u n ty Pro secu to r Mark Lin d q u ist Online www.pierceprosecutor.org facebook.com/piercecountyprosecutor twitter.com/PCProsecutor
Our Mission PURSUING JUSTICE REPRESENTING THE PEOPLE SERVING OUR COMMUNIT Y