Ousted “Community Conversation”
attendee files criminal charges
Douglas Tooley, who was ejected from Tacoma City Councilman Marty
Campbell’s “Community Conversation” on March 3, filed an affidavit in
Pierce County Superior Court today in an attempt to bring criminal
charges against the councilman, Assistant Tacoma Police Chief Robert
Sheehan and Lt. Barton Hayes.
Tooley was escorted from the meeting by Hayes, at Campbell’s request,
after he used a profane term to describe himself.
Tooley’s affidavit gives the following narrative of the events.
“As I was speaking I was rudely
interrupted by apparent supporters of food bank in a passive aggressive
response, asking why I was insisting on a fully participatory and
professional public process. My off the cuff response to this heckling
was that I was doing so ‘because I am an Asshole’.
Mr. Campbell responded immediately by
lunging angrily in my direction making a motion with his left hand as an
umpire might make calling a baseball player ‘out’. Although Mr. Campbell
asserts via Police that I had violated the rules of the meeting I had no
notice of these rules and I allege he was motivated instead for other
malicious reasons in seeking to avoid accountability.
Lt. Bart Hayes, Sector Commander for the area
immediately responded to Mr. Campbell’s actions by standing up. Lt. Hayes
then had a moment of hesitation which I interpret as having personal
doubts as to the legal basis for interference. Lt. Hayes then looked to
Assistant Chief Sheehan.
Assistant Chief Sheehan nodded his
support of Mr. Campbell’s direction, in my memory with a bit of an angry
and dismissive demeanor. Lt. Hayes then came and stood next to me with
the clear threat of arrest that I was to leave the meeting collaborating
with Councilmember’s official misconduct in a coercive manner.
Lt. Hayes allowed me to finish my
comments – which cited the repeated nature of these problems and for the
imperative need to stop this inappropriate behavior.
On March 9, I inquired to Mr. Hayes as
to the legal basis for my expulsion.
His response was prompt and professional, but did not include any
valid legal authority.”
Tooley is alleging violations of:
RCW 9a.80.010 – Official Misconduct (1)
A public servant is guilty of official misconduct if, with intent to
obtain a benefit or to deprive another person of a lawful right or
privilege:
(a) He intentionally commits an unauthorized act under color of law.
(2) Official misconduct is a gross misdemeanor.
RCW 9a.36.070 – Coercion (1) A person is guilty of coercion if by use of
a threat he compels or induces a person to engage in conduct which the
latter has a legal right to abstain from, or to abstain from conduct
which he has a legal right to engage in.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immediately to use
force against any person who is present at the time; or
(b) Threats as defined in *RCW 9A.04.110(25) (a), (b), or (c).
(3) Coercion is a gross misdemeanor.
Campbell is currently in Washington DC on city business and was not
available for comment.
To read Tooley's full
affidavit Click
Here
