Benton commissioner pleads innocent to grabbing driver, taking phone
AI-generated summary reviewed by our newsroom.
- McKay pleaded not guilty to first-degree theft, fourth-degree assault and lying.
- Case moved to state auditor; local judges recused and trial set for March 23.
- Allegation says McKay grabbed and deleted video from a man’s phone at Gold’s Gym lot.
A Benton County commissioner pleaded innocent to accusations he grabbed a man and stole his phone to delete a video.
Will D. McKay Jr., 45, appeared with his attorney in Benton County Superior Court after being charged in connection with a confrontation in the parking lot of Gold’s Gym on Oct. 18.
McKay’s position on the three-person board in charge of the county required the case to be handled by the Washington State Auditor’s Office and a judge from another county.
Assistant Attorney General Steve Garvin charged the commissioner with first-degree theft, fourth-degree assault and lying to police.
McKay pleaded innocent to all charges in front of Adams Superior Court Judge Peter Palubicki. All the Benton-Franklin Superior Court judges have recused themselves from the case.
His trial is currently scheduled for March 23, and McKay has been ordered to stay away from the other driver, Alvaro Jimenez, 46.
McKay has been a member of the three-person commission since winning election in 2020. The commissioners are the county’s legislative authority and control the county’s budget.
Accused of grabbing man, taking phone
McKay and Jimenez allegedly crossed paths near the intersection of West 27th Avenue and South Union Street about 11 a.m. on Saturday, Oct. 18.
McKay told investigators that he saw the driver of a Mini-Cooper “driving erratically” and “flipping people off” near the roundabout, court documents said.
Jimenez reported seeing the Dodge Ram that McKay was driving when it started following him on Highway 395. He said he didn’t know why the silver truck drove behind him for two miles on Highway 395 to the Gold’s Gym parking lot where they both parked.
Jimenez said he was worried about the truck’s driver, “so he decided to exit from his vehicle and begin recording the Ram and its driver,” court documents said.
Security footage showed McKay confront Jimenez as he was walking toward the gym, court documents said.
McKay allegedly grabbed for the cellphone and when the other man turned away, McKay allegedly “bear hugged” him and took the phone away, according to investigators.
Jimenez said he demanded his phone back, but McKay allegedly refused and deleted the video, court documents said.
A witness also saw the confrontation and said McKay only returned the phone after the witness said she was calling the police.
McKay drove away, but police tracked him down because the pickup truck he was driving was a rental.
He denied struggling with Jimenez and said the other driver was the aggressor, documents said.
When McKay was arrested, he allegedly said, “If I knew it was a crime to take this phone, I wouldn’t have done it,” court documents said.
