Special prosecutor to decide if Benton County commissioner is charged with felony
AI-generated summary reviewed by our newsroom.
- Special prosecutor appointment will determine whether Commissioner McKay faces charges.
- McKay was arrested on suspicion of felony theft after taking a phone to delete a video.
- Benton judges recused, Yakima judges will oversee the case pending prosecutor appointment.
The decision on whether a Benton County commissioner will be charged with felony theft will be delayed until a special prosecutor can be appointed.
Will McKay, 45, appeared briefly Tuesday in front of Yakima County Judge Jared Boswell on allegations he grabbed a phone from a man who was filming him in a parking lot and deleted the video.
McKay had followed the man for two miles after he said he saw the man driving erratically.
McKay was arrested Saturday following a confrontation in the Gold’s Gym parking on Highway 395. He was released on $1,000 bond on suspicion of second-degree theft of an access device.
Benton County Prosecutor Eric Eisinger said a decision on any formal charges must be decided by an outside prosecutor because his office represents the three commissioners in civil matters.
Eisinger said he has contacted several counties, and hopes to have someone appointed by the end of the week.
The Yakima County judges have agreed to handle the case because of the conflict with the Benton Franklin Superior Court judges.
On Tuesday, Boswell read McKay his rights and ordered him to have no contact with the other driver.
McKay claimed the man was “driving erratically” and “flipping people off” on Saturday near the roundabout at the intersection of 27th Avenue and Union Street and followed him to the Gold’s Gym parking lot, said court documents.
The other driver told investigators he started recording McKay on his phone because he didn’t know why he was being followed.
McKay confronted the man about the recording and allegedly grabbed him from behind and stripped the phone away, court documents said. He then deleted the video, returned the phone and then drove off before police arrived.
Investigators later found McKay, and he said the Mini Cooper driver approached his truck. He denied “bear hugging” the other man to get the phone and said he didn’t know it was wrong to take away the phone just to delete the video.
This story was originally published October 21, 2025 at 4:59 PM.