April 15, 2024 Protest Q&A from King County Prosecutor’s Office

King County Leaders,

Sharing a note that we sent to reporters within the past hour who had questions about yesterday’s protest at Sea-Tac International Airport (SEA).

Please reach out if you have any additional questions for us.

-Douglas

Douglas E. Wagoner, MPA (He/Him)
Deputy Director of Communications
King County Prosecuting Attorney’s Office
O (206) 514-7643
E dwagoner@kingcounty.gov

516 3rd Avenue, Seattle, WA, 98104

 

 

 

From: McNerthney, Casey <cmcnerthney@kingcounty.gov>
Sent: Tuesday, April 16, 2024 12:47 PM
To: McNerthney, Casey <cmcnerthney@kingcounty.gov>; Wagoner, Douglas <dwagoner@kingcounty.gov>
Subject: Protest Q-and-A

Folks,

There have been questions about the arrests Monday night at Sea-Tac International Airport (SEA).

None of the cases have been referred to the King County Prosecuting Attorney’s Office.

Port of Seattle Police is the investigating police agency, and questions should go to the Port of Seattle, City of Sea-Tac Attorney’s Office, or Sea-Tac Municipal Court, which routinely handles misdemeanor and gross misdemeanor cases at Sea-Tac (SEA Airport).

In attempt to streamline information, here is a Q-and-A with info we have confirmed:

How many people were arrested at the April 16 Sea-Tac protest?

46 people were arrested and the protest prevented vehicles from accessing the terminal and passenger drop off areas, according to Port of Seattle Police.

How many were booked?

  • 30 were booked into SCORE (the South Correctional Entity)
  • 16 were booked into the King County Jail
  • This is according to Port of Seattle Police

Who handled the arrests?

Police agencies make arrests decisions and handle investigations. The Port of Seattle Police is the lead investigating agency.

What were the arrests for?

That’s a question for the investigating police agencies about the individual arrests – the cases have not been referred to the King County Prosecuting Attorney’s Office.

Will these cases be referred to prosecutors?

Police said all of the individuals arrested are going to be referred to SeaTac Municipal Court, including the 16 people booked into the King County Jail. It is the normal practice for the City of Sea-Tac to handle misdemeanor and gross misdemeanor cases at SEA Airport.

These were not referred as felony crimes?
They have not been. Police made referral decisions based on admissible evidence and state law. For these specific cases, check with the investigating police agency for the arrest offense. Crimes including Criminal Trespass in the Second Degree, Failure to Disperse, Disorderly Conduct, and Obstruction are gross misdemeanors under state law.

If police gather evidence for a felony crime from this incident can they refer it to King County prosecutors?

Absolutely. When cases are referred to King County prosecutors, each case is reviewed individually.

When are first court appearances happening?

That’s a question for the City of SeaTac Municipal Court. Here’s their contact information.

Are any of the people arrested on the felony first appearance calendars today, either at the King County Courthouse in downtown Seattle or Maleng Regional Justice Center in Kent?

No. To be clear: that does not mean that King County prosecutors declined these cases. The cases have not been referred to us, and King County prosecutors did not decline these Sea-Tac cases. The investigating police agency (Port of Seattle Police) referred them to SeaTac Municipal Court, which is the normal practice for misdemeanor and gross misdemeanor cases at SEA Airport.

What charges could people face?

That all depends on what the investigating police agency refers to prosecutors, in this case through the (City of) SeaTac Municipal Court. It’s routine for misdemeanor and gross misdemeanor cases from SEA Airport to go to the City of SeaTac’s Municipal Court.

Couldn’t this be a federal offense?

That’s not decided by King County prosecutors. Federal authorities can request case referrals, or law enforcement can refer cases to federal authorities based on information gathered in their investigations.

Is it normal for misdemeanor cases at Sea-Tac International Airport (SEA) to go to the City of SeaTac’s Municipal Court?

Yes.

What’s the backstory there? Port of Seattle Police made the decision to send misdemeanor and gross misdemeanor cases to SeaTac Muni Court after there were booking restrictions implemented in 2020 at the King County Jail so those Sea-Tac misdemeanor cases (such as theft) could be booked into the SCORE jail. King County prosecutors did not direct Port of Seattle Police to stop sending us gross misdemeanor cases – that was an independent decision in 2021 by the Port of Seattle. The change by the Port of Seattle gave Port police the ability to utilize the SCORE jail to book misdemeanor defendants. The Port Commission approved the agreement with SeaTac Municipal Court in September 2021. Here’s a City of SeaTac blog post about it. However, felony crimes at Sea-Tac International Airport (SEA) and some misdemeanor cases at other Port properties (such as a DUI at Shilshole Bay Marina, owned by the Port) are still referred to and charged by the King County Prosecuting Attorney’s Office.

Casey

C: 206-247-2446

Leave a Reply

Your email address will not be published. Required fields are marked *