03/10/2019: "New Legal Problems For Sheriff & Prosecutor"
A law suit (pdf 1296\k file) filed in the United States District Court of Washington alleges SJC Sheriff Deputy Raymond Harvey -and “in his official capacity as sheriff,” Ron Krebs- deprived Orcas resident Daniel Fowler of his constitutional rights when he was arrested in an “unreasonable search and seizure” inside his home, resulting in Fowler receiving a broken shoulder.
The complaint for damages and a demand for a jury trial submitted by attorney Nicholas Power, states that in the week prior to the arrest of Mr. Fowler, Deputy Harvey questioned Fowler about a protective order that Harvey thought was active. Fower said the order had been quashed, and produced court documents to prove it.
Subsequently Deputy Harvey “found that there was still and active protection order through Superior Court.” After Fowler found out Harvey believe there was still an order in place, Fowler left a “derogatory voice mail stating that the protection order had been dropped and that the sheriff’s department needed to do its home work,” and ended the messaged stating ‘he was tired of the fucking bullshit’…”
According to attorney Power, “It was not true that on March 4, 2016 either a District Court order or a Superior Court Order was in effect to restrain Mr. Fowler from being with Ms. Dennis.”
On March 7th, 2016, Deputies Harvey and Holland forcibly entered Mr. Fowler’s home without consent, or a warrant, struck Mr. Fowler’s head against the wall and floor as they forced him down, breaking Mr. Fowler’s glasses, and when they forced his arm up and behind his back to handcuff him they broke his collarbone.
Fowler was placed in a patrol car, taken to the Orcas island sheriff’s substation where they failed to inform him of his rights, did not produce a warrant for his arrest or to enter his house, and then drove him back to his house, and released him. The filed complaint does not contain any information on what, if any, conversation may have taken place on the way back to his home.
Power describes the action by Harvey as “nothing short of ‘pay back’ by Deputy Harvey for being shown up and told that he was incorrect in his understanding of the legalities of Mr. Fowler’s conduct with respect to Ms. Dennis.”