Benton sheriff refuses to commission jail officers after takeover. Kennewick cops called in

Kennewick police were called to the Benton County jail eight times Friday to arrest people who were trying to turn themselves in after being served with warrants.

Benton County corrections officers who usually make those arrests lost their limited commissions to carry out law enforcement operations on Oct. 23 when the Benton County Commission removed the jail from Sheriff Jerry Hatcher’s control.

Hatcher revoked the badges and commissions of about 85 corrections officers, saying he can’t be responsible for the actions of employees he does not hire, train or manage.

The limited commissions allowed officers to execute warrants, make court arrests and carry out other functions.

But that doesn’t mean there’s no security at the Benton County Justice Center in Kennewick.

Corrections officers are just part of the security team.

Benton-Franklin Superior Court has five armed bailiffs to maintain order and security in courtrooms, especially for protecting judges and jurors.

The bi-county judicial system also contracts with Kennewick-based Tri-Cities Monitoring to supplement its security in courtrooms and courthouse hallways.

The company’s officers work in the Benton County Justice Center, Franklin County Courthouse and Benton-Franklin Juvenile Court when there aren’t enough bailiffs to cover all the hearings going on at one time and to provide added security for high-profile or potentially volatile cases.

But in the jail, not having a commission means corrections officers can’t arrest people trying to turn themselves in.

Kennewick police

For now, that falls to the Kennewick Police Department, which has jurisdiction over the Benton County Justice Center campus near Columbia Center Boulevard.

It’s not a task the city wanted or anticipated.

City spokeswoman Evelyn Lusignan said Benton County did not notify the city of its intent to remove the jail from the sheriff’s office even though it would directly impact the city. An average of two to three people turn themselves into the jail on a typical day.

City officials will meet with Loretta Scott-Kelty, the county’s interim administrator, this week to formalize details of the new arrangement.

Whether jail officers are commissioned or not has emerged as a key question in the county’s fast-moving effort to take command of the jail. It raised the subject on Oct. 8 and completed the takeover on Oct. 23.

Jail transition

The jail’s newly installed Jail Commander Scott Souza and Capt. Josh Shelton released a statement Monday assuring staff and the community that the transition is going smoothly.

The county said it has requested that Hatcher continue to commission officers so they can carry out their jobs.

Hatcher confirmed that he revoked the officers’ commissions. He told the Tri-City Herald on Monday he will not restore them, despite the county’s request.

Hatcher said he won’t commission jail officers who don’t work for him because he no longer has control of hiring or background checks.

Commissioning officers who don’t work for him would expose his office to liability.

“I would love to figure it out,” he said.

Kennewick Police Chief Ken Hohenberg can theoretically commission jail officers, but there remain questions about who would be liable if an officer were sued, Lusignan said.

Leadership changes

In the meantime, Hatcher confirmed that former jail Commander Tom Croskrey has not lost his job.

Hatcher said the commissioners singled Croskrey out for retaliation because he refused the county’s offer to serve as its new jail commander under the new structure.

Commissioners Jerome Delvin, Shon Small and Jim Beaver did not respond to requests for comment Monday.

Hatcher said Croskrey will remain a sheriff’s office employee in another role.

In its letter informing Hatcher of the takeover, the commission noted that Croskrey would no longer be employed by the county unless Hatcher found a position for him in the sheriff’s office.

The commission noted that Hatcher had only two authorized commander posts, both already filled.

Hatcher countered that he’s authorized to appoint five commanders, including Croskrey.

The Benton County Commission meets at 9 a.m. Tuesday at the county courthouse in Prosser to discuss job descriptions and salaries for the new jail commander and captain.

The commission also previously authorized the county to hire an added administrator to help manage the jail.

Officials at odds

Benton County is one of only seven Washington counties with a jail that operates independently from the sheriff’s office. Spokane, Walla Walla and Yakima are among the others.

Benton County first considered taking over the jail in 2017, saying it wanted more control over a complex operation that consumes 28 percent of the county’s budget and generates an out-sized share of lawsuits against the county owing to the nature of confinement.

The commission dropped the idea, because Jerry Hatcher was running for sheriff that year in a special election after Steve Keane resigned for health reasons.

Hatcher’s messy divorce put the jail takeover back on the county’s agenda on Oct. 8.

Commissioner Delvin proposed taking it over, citing unpaid bills and allegations Hatcher was mismanaging the operation.

The commission voted 2-1 on Oct. 22 to proceed, with the takeover taking effect at 12:01 a.m. Oct. 23.

The commission appointed Souza to serve as commander of its new corrections department. Shelton accepted the position of jail captain.

Hatcher and Delvin have swapped public insults, each blaming the other for an unpaid bill owed to Lourdes Health Center for mental health services to inmates. The public squabble has its latest roots in Delvin’s involvement in Hatcher’s divorce.

Monica Hatcher complained to Delvin, a former police officer and personal friend, that Hatcher had choked her during an argument over an affair. Hatcher denies harming his wife.

He was ordered to surrender his weapons and stay away from his wife as part of a temporary restraining order.

The Washington State Patrol investigated. The Spokane County Prosecutor’s Office filed criminal charges against Hatcher but withdrew them almost immediately, saying more investigation was needed. Charges could be refiled.

This story was originally published October 29, 2019 at 5:00 AM.