Benton sheriff can carry a gun again after nearly 2 years, after he agreed to this

Benton County Sheriff Jerry Hatcher is once again allowed to carry a pistol while on the job.

The ban — first entered 21 months ago as part of a protection order in his divorce case — was lifted last week in an agreement between Hatcher and his estranged wife, Monica Hatcher.

In exchange for getting back his firearms rights, Jerry Hatcher agreed to have no contact with Monica Hatcher for 10 years. That includes not coming within 100 feet of her home or workplace, and not trying to contact her through a third party.

The restriction was lifted one week before Jerry Hatcher faces an Aug. 3 recall election on allegations of intimidation, retaliation and tampering with evidence in his office.

Both sides in reaching the compromise in his divorce case said there has not been a hearing on the merits of Monica Hatcher’s allegations of domestic violence by her estranged husband, and he does not admit he “poses a ‘credible threat’ of the physical safety of (his) wife.”

The order was signed July 26 by Judge Blaine Gibson of Yakima County Superior Court during a virtual hearing and went into immediate effect.

However, its contents were not made public until Friday when the signed document was received by the Benton County Clerk’s Office. It had to be mailed from Yakima to be entered in the official case file in Kennewick.

“This restraining order constitutes actual notice to (Jerry Hatcher) that any attempts to contact, harass, stalk, etc. are unwanted and (Jerry Hatcher) agrees he shall not contact wife in any way, including through third parties, except for the following: No exceptions,” the five-page document states.

Mediation unsuccessful

It is a civil order, meaning any violation by Jerry Hatcher could lead to contempt proceedings and a renewed request by Monica Hatcher for a domestic violence protection order or anti-harassment order.

The former couple’s divorce case is still ongoing, with lawyers for the two sides trying to equitably divide their community property, including assets and debts.

They participated in mediation this spring but it was unsuccessful, according to the attorneys.

A trial date has not been set.

The case has been assigned to an outside judge because of a conflict with the Benton County judges given Jerry Hatcher’s elected position as sheriff.

Monica Hatcher filed in September 2019 to end the couple’s eight-year marriage. She followed that up two weeks later with a petition for protection against her husband.

As part of the temporary protection order, Jerry Hatcher was forced to surrender all guns, other dangerous weapons and concealed weapons permits to Kennewick police.

Hatcher surrendered a total 10 guns in October 2019, including five that he brought back from a home in Montana. Three months later, the police department collected 15 cases of ammunition and two guns that belong to the sheriff’s office, but had been in Hatcher’s former home.

Negotiated resolution

The temporary order has been extended a number of times since then.

Judge Gibson had been scheduled to preside over a days-long domestic violence protection order hearing last week, but was told at the outset about the proposed agreement.

Pat Chvatal, who represents Monica Hatcher, told the judge on Monday that their clients “worked very hard” on trying to come to an agreement on July 22-23.

“This was draft probably 50 of the order as we worked through it and conferred with criminal counsel to make sure we were correct in what we were doing,” she said. “And we appreciated your guidance. It helped us and our clients reach a resolution.”

Jerry Hatcher’s attorney, Mason Pickett, was not able to attend the hearing. His law partner, Steven DeFoe, said they had no issue with the order.

Monica Hatcher, Chvatal and Pickett all signed the order. Jerry Hatcher did not sign it but sent an email to Pickett giving his “electronic approval and signature” for the document.

Judge Gibson congratulated both sides on getting it resolved before the hearing.

“It just goes to show that if you work hard and think creatively, that a lot of problems can be solved,” he said. “I congratulate the attorneys and their clients for working this out in a way that is acceptable to both parties.”

In uniform without gun

Criminal charges were filed against Jerry Hatcher in October 2019 for felony witness tampering and fourth-degree assault, but then dismissed after one week. Prosecutors were told they could re-file at a later date if additional evidence came to light.

The Washington State Patrol reopened its investigation this spring into allegations Hatcher coerced his wife to recant her statements of prior domestic abuse. No charging decision has been made public.

Jerry Hatcher has repeatedly denied the allegations made by Monica Hatcher and tried to get the gun restriction lifted earlier.

He previously said there was no justification for the order and his estranged wife did not need to be protected from him.

“I am in uniform every day without a firearm, this puts me at great personal danger,” Hatcher wrote in a court document last year. “If I was anyone but the elected sheriff, I would have to be put on administrative leave for over a year.”

Hatcher added that being unarmed has prevented him from backing up other officers in need when responding to calls for service, and said he’s been forced to take law enforcement actions without a gun because criminal activity was happening in front of him.

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

This story was originally published July 31, 2021 at 1:18 PM.