Criminal investigation into Benton sheriff witness tampering reopened by WA State Patrol

Sheriff Jerry Hatcher is under criminal investigation once again for allegedly forcing his estranged wife to recant her statements of domestic abuse.

The investigation by the Washington State Patrol comes 1 1/2 years after charges against Benton County’s embattled top cop were dropped because detectives needed more time.

“We can confirm that we are doing some follow-up investigation on the original witness tampering case,” Sgt. Darren Wright in the state patrol’s main office in Olympia told the Tri-City Herald on Wednesday.

He could not provide any further details of the investigation or comment on its status.

Retired sheriff’s Commander Steve Caughey confirmed to the Herald that the investigation has been reopened.

He voluntarily resigned in December after 27 years with the department, saying Hatcher will “stoop to attack the credibility of those who he viewed as a threat” and describing his actions as “legally questionable.”

Caughey said he was interviewed Wednesday about his former boss’ alleged criminal activity involving Monica Hatcher.

Investigators also met with several other witnesses who are employed by the Benton County Sheriff’s Office, including Commander Jon Law, Lt. Erik Magnuson and Sgt. Justin Gerry.

Scott Johnson, a Richland lawyer who represented Hatcher in the original criminal case, said Thursday he was surprised to hear it had been reopened.

“After the state patrol thoroughly investigated the case initially, and that investigation was reviewed by senior staff members of the Spokane County Prosecutor’s Office and then dismissed, I’m at a bit of a loss as to what would have changed to reignite the case,” he told the Herald.

Recall effort

Hatcher, now 57, is facing a recall effort for alleged retaliatory acts involving employees, intimidation, abuse of discretion, and tampering with and destruction of evidence.

He had been charged for one week in October 2019 in Benton County Superior Court with felony witness tampering and fourth-degree assault, a gross misdemeanor.

The allegations came out of the divorce case with his then wife of eight years, Monica Hatcher.

At the time, Jerry Hatcher emphatically denied touching his wife two years prior or trying to get her to change her story during the criminal investigation. He has been insistent over the past 18 months that he was “exonerated” of the criminal charges.

However, the case was dismissed without prejudice, which meant prosecutors could re-file at a later date if additional evidence came to light.

The statute of limitations on the domestic violence assault has expired, meaning prosecutors can no longer pursue that charge.

Allegations refuted

When the case was dropped, attorney Johnson said it serves as an example of the danger of rushing to judgment.

“Sheriff Hatcher was relieved but not surprised by the filing,” said Johnson. “Since the beginning of this case, Sheriff Hatcher has maintained his innocence and was confident that when all of the facts were exposed, the case against him would fall apart.”

Two weeks after filing for divorce, Monica Hatcher filed a petition claiming Jerry Hatcher had strangled and threatened her in December 2017 when she confronted her husband about an ongoing extramarital affair.

As investigators were looking into those claims, Monica Hatcher said her husband forced her to recant her abuse statements by writing a four-page email to a detective saying she is “confused about quite a lot of things” and cannot in good faith swear to what happened two years ago.

Monica Hatcher eventually sent the email so she could provide proof to her husband, but told investigators the following day that Jerry Hatcher was trying to manipulate her and other witnesses into not cooperating.

Jerry Hatcher described those allegations as “inflammatory and damaging.”

Thorough investigation

As a part of the restraining order, the elected sheriff has not been allowed to possess any guns for the past 1 1/2 years. He has refused to step aside or resign despite calls for it by sheriff’s office unions, the Washington State Fraternal Order of Police and the Benton County commissioners.

There is no requirement for a sheriff to leave the position, even if he cannot carry a gun.

On Thursday, Marco Monteblanco — president of the Washington Fraternal Order of Police and a Kennewick police detective — issued a statement applauding the state patrol for renewing its criminal investigation into Hatcher’s alleged actions.

“The people of Benton County and the Benton County Sheriff’s Guild all benefit from a thorough investigation of this incident and the actions of the county’s top law enforcement official,” Monteblanco said in a news release.

“Integrity is a vital part of who we are in our role as peace officers. It is critical that this investigation move forward and that all of the facts in this case come to light,” he added. “Only through a fair and open process can we accomplish our shared goals of public safety and maintain the trust of the communities we serve.”

Hatcher has held the position since May 2017 following the early retirement of Sheriff Steve Keane.

After Sgt. Jason Erickson’s recall petition was granted last summer by a Walla Walla County Superior Court judge, Hatcher appealed the decision to the Washington state Supreme Court.

The state’s highest court issued a unanimous ruling on Nov. 6, denying Hatcher’s appeal and giving the go-ahead for the recall.

Later, in a 47-page opinion, the nine justices said the charges in the petition “illustrate a toxic and authoritarian culture that Sheriff Hatcher has created since his appointment in 2017.”

They also said the sheriff may have committed a felony with a 10-year maximum prison term when he backdated a formal investigative request by one week.

“That the sheriff, who has been elected to uphold the law, would also intentionally violate it, is substantial,” the justices wrote in their opinion.

Hatcher has said the eight charges in the recall petition are “completely unsubstantiated allegations,” and notes that the judges had to assume the allegations were factual instead of requiring a burden of proof.

In order to qualify for an election, Erickson and the Committee to Recall Sheriff Hatcher need to gather nearly 14,000 signatures from registered county voters. That number is 25 percent of the total votes cast for Hatcher in the 2018 election.

The committee has been actively gathering signatures on weekdays and weekends in an attempt to make a spring ballot.

This story was originally published April 7, 2021 at 7:07 PM.