Civil-rights trial will pit deputy against deputy

A flier calling for King County sheriff's deputies to rally around "our brother, Brian Bonnar," who is accused of beating a handcuffed suspect, has federal prosecutors and sheriff's officials concerned that its intent is to intimidate officers prepared to testify against him.

Responding to efforts by deputies to pack the courtroom next week as Bonnar goes to trial on unprecedented criminal civil-rights charges, Sheriff Sue Rahr has reminded deputies in a memo that department rules prohibit attending the trial while on duty or in uniform.

The flier states that "Brian's lawyers have said that a strong showing of support from his friends, family and colleagues can make a huge difference. Please sit behind Brian and his defense team."

"What message do you suppose that sends to the deputies who take the witness stand?" asked sheriff's Sgt. John Urquhart, the department's spokesman. "What does it tell you that you don't see any flier" calling for support of the deputies who will testify against him, he asked.

Deputy against deputy

Bonnar, 42, faces five charges, including a criminal count of deprivation of civil rights — the first time a law-enforcement officer in Western Washington has been charged under the criminal civil-rights statute.

The other charges allege Bonnar lied to a grand jury investigating his involvement in the Oct. 22, 2005, violent arrest of Irene Damon after a car chase in White Center. At the time, Bonnar had worked two years at the sheriff's department.

The trial will pit deputy against deputy, and sheriff's officials said emotions are running high in the department. The flier posted this week at some sheriff's precincts calls for supporters of "our brother, Brian Bonnar" to pack the courtroom. Rahr responded by issuing her memo.

Prosecutors raised the issue earlier this week to U.S. District Judge Thomas Zilly. Assistant U.S. Attorney Kelly Harris was overheard telling Bonnar's defense attorney, David Allen, that he would move to eject anyone he thought was trying to influence the trial or intimidate witnesses.

Allen, who said he had nothing to do with the flier, "expects a cadre of deputies will turn out" to support Bonnar.

Animosity, intimidation

The impact of a large turnout of supporters — uniformed or not — shouldn't be underestimated when trying a cop, said Matt Lapin, a former King County prosecutor who in 2004 took three area officers to trial for allegedly beating an informant.

Several officers testified for the prosecution, and Lapin said some were "clearly uncomfortable."

In one instance, a crowd of spectators supporting the three officers gathered around the family of a detective who was on the witness stand so he couldn't see them.

"It was intentional and it was meant so that he couldn't look to his family for support. He couldn't see what was happening to them," Lapin said. Some of the supporters "had words" with the witness's family.

"I wouldn't say they were all law-enforcement officers," Lapin said. "But there were a lot — a lot — of law enforcement present. There was a great deal of animosity toward me, and toward the detective. It was very tense."

The jury deadlocked after four days of deliberations in that trial. The officers went back to work — and the Des Moines detective who investigated the case — "had to leave the department," Lapin said.

The arrest

According to court documents, Bonnar was one of several deputies who pursued Damon after officers attempted to pull her over because her passenger was wanted on warrants. A six-minute chase ensued, and Damon, 41, hit several cars, including a patrol car, before stopping. The passenger ran away.

Several deputies approached the car, guns drawn, and one broke out the passenger window as Damon said she was struggling to get out of her seat belt. The charges allege Bonnar used his Taser on the woman as she was pulled out of the car and several deputies struggled to subdue her.

The woman fought and was wrestled to the ground. The defense points out that she had been using crack cocaine and drinking, and was violent.

Eventually, Damon stopped resisting and was handcuffed and searched, prosecutors say.

Prosecutors allege she was lying "passively" on the ground when Bonnar, a stocky, 185-pound martial-arts expert, "looked around, kneed Ms. Damon in the head, then looked around again, and kneed Ms. Damon in the head again.

"Deputy (Thomas) Calabrese shoved ... Bonnar back, telling him to stop," according to the government's trial brief. Bonnar and Calabrese exchanged shoves, according to witnesses.

Calabrese led Damon away to a patrol car, but said Bonnar approached again and, according to the documents, grabbed her by the hair and slammed her head onto the hood of a sheriff's cruiser.

The charges allege Bonnar then lied about his actions to a grand jury.

The defense

Allen, the defense attorney, said Damon has a long criminal history and that the defense will present evidence that she was under the influence of drugs and alcohol when the incident occurred. Damon has admitted she had been using drugs and drinking, but not for hours before the incident.

The defense also intends to call medical experts to testify that Damon's relatively minor injuries — a bump on her head and a few bruises — were not consistent with the sort of assault she described.

"The medical testimony doesn't lie," Allen said.

Judge Zilly ruled on several pretrial motions this week, deciding that the jury would not be told that Bonnar was given 20 days off by the sheriff after an internal-affairs investigation determined he had used excessive force. Nor will they be told that some commanders wanted him fired.

Prosecutors worried that telling the jury about the discipline might make them think Bonnar has already been punished for the deed and make them less inclined to convict.

Zilly granted a defense motion to exclude evidence of Bonnar's temper: He got into a confrontation with another cadet while at the police academy and some deputies opined to the grand jury that he shouldn't be an officer.

Mike Carter: 206-464-3706