Washington State Patrol settles false arrest claim

Released on = February 6, 2007, 9:48 am

Press Release Author = John Brangwin

Industry = Law

Press Release Summary = The Washington State Patrol today, via the Office of
Financial Management, Risk Management Division, paid $7,000.00 to settle a false
arrest claim filed against the State Patrol.

On July 8, 2006, Rock Island resident Ivan Terry Vance was falsely arrested by WSP
Trooper Ron Cantwell. All criminal charges were dismissed. Mr. Vance then made a
claim against the patrol and they settled the case out of court for $7,000.

Press Release Body = February 5, 2007
WENATCHEE, WA: The Washington State Patrol today, via the Office of Financial
Management, Risk Management Division, paid $7,000.00 to settle a false arrest claim
filed against the State Patrol.

On July 8, 2006, Rock Island resident Ivan Terry Vance was stopped while driving by
Washington State Patrol Trooper Ronald C. Cantwell (Badge #360). The traffic stop
took place in Douglas County on State Route 28 near Hydro Park. Mr. Vance
voluntarily submitted to field sobriety tests, including a portable breath test
which measured a .003---essentially a zero reading and far under the State's legal
limit of .08. Despite the result Trooper Cantwell arrested Mr. Vance and took him
to the East Wenatchee Police station for further tests. Trooper Cantwell called in
a Drug Recognition Evaluator (DRE) who examined Mr. Vance and concluded he was not
under the influence and was able to operate a motor vehicle safely. Despite that
information Trooper Cantwell charged Mr. Vance with the crime of Driving Under the
Influence. Trooper Cantwell's report of the arrest made no mention of the DRE's
conclusion that Mr. Vance was not under the influence.

Mr. Vance pleaded not guilty to the DUI charge and immediately retained the services
of Wenatchee lawyers John Brangwin and Steve Woods of the law firm of Woods &
Brangwin, PLLC. "When Mr. Vance told me the DRE concluded he was not under the
influence I had a tough time believing him given Trooper Cantwell had issued the
criminal citation," Brangwin said. "However once we investigated the case, and saw
the DRE's report, we were astonished that Mr. Vance had been charged with DUI."
Woods & Brangwin, PLLC, sought to have the case dismissed. Their motion was not
opposed by the Douglas County Prosecuting Attorney's office and was granted by
Douglas County District Court Judge Judith McCauley on August 31, 2006.

Mr. Vance, through his attorneys, filed a complaint against Trooper Cantwell with
the WSP's Office of Professional Standards (OPS). The case was investigated by
Trooper Cantwell's Sergeant, Leon Leyde (Badge #153). Mr. Vance and Mr. Brangwin
were interviewed as part of the investigation. On October 16, 2006, the Trooper's
Captain William L. Larson and OPS Captain Timothy P. Braniff made a decision there
was insufficient evidence to clearly prove or disprove the allegation.

Outraged by the decision, Mr. Vance filed a tort claim with the State to recover his
legal expenses and compensation for his stress and anguish. The State has now paid
Mr. Vance $7,000 for this claim, although it stopped short of admitting any
wrongdoing as part of the settlement.

"Trooper Cantwell has received acclaim because he has more DUI arrests than any
other Trooper in the Wenatchee area. But it looks to me that his primary concern is
with padding his statistics rather than doing quality work," Brangwin said. "Mr.
Vance's arrest will count as a DUI arrest in Trooper Cantwell's statistics, but it
is misleading because Mr. Vance was not under the influence of anything. Trooper
Cantwell's reputation among DUI defense attorneys is that he cuts corners. I have
made prior complaints to the State Patrol regarding Trooper Cantwell, specifically
regarding the lack of a video camera in his patrol car. Video evidence would
document exactly what occurred on scene rather than relying on Trooper Cantwell's
reports."

"The $7,000 paid today should be a wake up call for the State Patrol. While the
public wants to see true drunk drivers taken off the road, they do not want Troopers
making bogus arrests," Brangwin said.

John Brangwin is a well respected DUI defense lawyer in North Central Washington.
He is certified in the NHTSA Standardized Field Sobriety Tests and certified on the
DataMaster breath test instrument by its' manufacturer. Further, he is a member of
the National College for DUI Defense and has been named a Rising Star by his peers
in Washington for two straight years. He has practiced law in Wenatchee since 1997.


Trooper Cantwell is an 11 year veteran of the State Patrol. In 2004 he arrested
more drivers for DUI than any other Trooper in the State except for one. Simply
being arrested for DUI does not necessarily mean the person was actually convicted
of the charge. In May of 2005 the local Wenatchee newspaper, The Wenatchee World,
wrote an article touting Trooper Cantwell's "success."

Brian Agar, Senior Tort Claims Investigator with the State's Rick Management
Division, handled the claim for the State of Washington. Mr. Agar can be reached at
360-902-7316.

Captain Larson supervises Trooper Cantwell. Captain Larson can be reached at
509-665-4008.

Captain Braniff commands the State Patrol's Office of Professional Standards.
Captain Braniff can be reached at 360-704-4220. The State Patrol welcomes
complaints when a citizen feels dissatisfied with a contact by the State Patrol.

# # #



Web Site = http://www.wenatcheedui.com

Contact Details = Woods & Brangwin, PLLC
John M. Brangwin, Attorney at Law
Office phone: 509-663-3915
Fax: 509-663-6064
john@wblawfirm.com
www.WBLawFirm.com
517 N. Mission, Suite 2A
Wenatchee, WA 98807

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