Kennewick teacher flunks jury duty, fined and sent home

A wrongful death trial against the city of Richland will proceed without its recalcitrant juror.

Benton County Superior Court Judge Sam Swanberg took the extraordinary step Friday of releasing an unwilling juror a day after the trial began.

Juror No. 5 was identified in court as a Kennewick School District employee. She had previously told the court she didn't want to serve on a jury because she needed to prepare students for a performance.

Nevertheless, she was empaneled to serve in the trial of a wrongful death suit against the city of Richland by the estate of Wai Mon "Raymond" Chin.

The owner of Ray's Golden Lion Restaurant in Richland was struck and killed walking across a stretch of Van Giesen Street near the Urban Green Belt Trail on a dark, rainy night.

Juror No. 5's displeasure at being put on the jury concerned Swanberg. At a Thursday break, he noted she was slouching in her seat, closing her eyes and appeared to be feigning sleep.

Later, following the lunch break, the juror focused her attention on a notebook. When attorneys displayed maps and other exhibits to the jury, the 13 other jurors craned for a look but Juror 5 did not look up and did not appear to pay attention.

Swanberg discussed the unusual courtroom conduct with attorneys during breaks throughout the trial's opening hours.

After initially saying he did not want to give Juror No. 5 the release she wanted, Swanberg released her and reportedly fined her. The order that contains the fine was not available Friday.

The 12 jurors who will decide the civil case will be chosen from the 13 left hearing the testimony.

This story was originally published May 18, 2018 at 7:12 PM with the headline "Kennewick teacher flunks jury duty, fined and sent home."