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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