Driver claims Benton commissioner ‘bear hugged’ him to get his phone
AI-generated summary reviewed by our newsroom.
- Benton County commissioner arrested on suspicion of theft after a road-rage confrontation.
- Officer affidavit describes the official grabbing a man, seizing phone and deleting video.
- Investigators traced rental truck to the official and continue probe; witnesses sought.
Court documents filed Monday alleged a Benton County commissioner upset about an aggressive driver in Kennewick followed the Mini-Cooper for two miles then confronted him in a parking lot.
Commissioner Will McKay allegedly “bear hugged” the man while forcibly taking away his cell phone in the Gold’s Gym parking lot and deleting a video the driver took of McKay, according to the documents.
Later, McKay, who is now facing a possible felony theft charge, “denied ever physically touching” the man to take the phone.
“William advised he did not believe he did anything wrong as he believed (the man) to be the aggressor, and he didn’t know he was not allowed to take somebody’s phone from them,” said the documents.
“I asked William why he did this, and his answer was to the effect of, ‘I’m a Benton County commissioner and I don’t know who this guy is or where the video will go,’” according to an affidavit written by Kennewick Officer Izayah Darby.
One witness confirmed the Mini Cooper driver’s story, saying that McKay, 45, grabbed him from behind, and the man was trying to keep his phone out of McKay’s reach, said the documents.
After officers questioned both men and two witnesses at the gym parking lot, McKay was arrested at 3:17 p.m. Saturday afternoon on suspicion of second-degree theft in connection with taking the phone.
He spent two hours in jail before being released on $1,000 bail. He appeared briefly in court Monday afternoon.
Benton County Prosecutor Eric Eisinger told the Herald that he will need to find a prosecutor from another county to handle the case. The special prosecutor will decide if McKay is formally charged with a crime.
Judge Jackie Shea-Brown said a judge from another county also will be assigned to handle the case.
Gold’s Gym confrontation
The two drivers crossed paths Saturday morning about 11 a.m. outside a coffee shop near the roundabout at 27th Avenue and Union Street, court documents said.
McKay was driving a 2024 Ram 2500 pickup truck. The other driver, whose full name was not included in court documents, was in a Mini Cooper.
McKay told investigators he began following the Mini Cooper because the man driving it was “driving erratically” and “flipping people off,” court documents said.
McKay called 911 and told police dispatchers about the gray and white Mini Cooper that had turned north on Highway 395.
The other driver told police that he’d picked up a mango drink from a coffee shop and noticed the pickup truck following him on the highway.
He was going to Gold’s Gym. When he pulled into the parking lot, he saw the truck still following him.
He told police he began recording the truck driver as he walked toward the gym because he was concerned about what the other man was doing, court documents said.
He said McKay got out of the truck and “confronted” him, claiming McKay asked, “Why are you recording me?” and the man responded, “Why are you following me?,” according to court documents.
McKay allegedly “bear hugged” and stripped the phone from his hand, court documents said. In the process, the mango drink spilled on the pavement.
The man demanded the phone back, but McKay allegedly refused, then deleted the video.
The man told investigators he didn’t get the phone returned until a witness got involved and said she had called police.
McKay later told police that the other driver “aggressively approached” his pickup with his phone up, court documents said. McKay said he got out and asked the man why he was recording him.
Police said McKay didn’t initially admit to taking the man’s phone, but after being told there were other witnesses, he admitted to taking it.
“However, he said when he took the phone, (the man) was holding it down by his side and William quickly grabbed it,” Officer Darby said.
Court documents say one of the witnesses confirmed the Mini Cooper driver’s story, saying that McKay grabbed him from behind, and the man was trying to keep his phone out of McKay’s reach.
After deleting the video, McKay drove away before Kennewick police arrived.
Kennewick Commander Isaac Merkl told the Herald they were able to trace the rented pickup truck McKay was driving and contact him that afternoon.
When the officer called McKay, the first thing he asked was whether it was “about Gold’s Gym,” said court documents.
McKay agreed to come to the police station to talk with officers. He denied physically touching the other man and said the other driver was the aggressor, said the documents.
Merkl told the Herald they are continuing to investigate the claims that the man was driving aggressively. They also are looking for anyone who might have seen what happened in the Gold’s Gym parking lot.
Anyone with information is asked to call the police non-emergency dispatch number, 509-628-0333.
Merkl told the Tri-City Herald that police do not have a copy of the video that the man took on his phone.
McKay, who owns a construction company, has served on the three-member county commission since January 2021.
This story was originally published October 20, 2025 at 1:37 PM.