PIERCE COUNTY, Wash. — Kitsap County District Court Judge Jeffrey J. Jahns denied the defense's motion to dismiss a charge of making a false or misleading statement to a public servant against Pierce County Sheriff Ed Troyer.
On Monday, prosecutors and Troyer's defense lawyers rested in the criminal trial against the sheriff. Jahns allowed the state to reopen the case as prosecutors worked to prove that a dispatcher with South Sound 911 was a government employee - therefore a public servant.
On Tuesday, Jahns ruled there was sufficient evidence that South Sound 911 dispatcher Conrad Shadel is a public servant.
Troyer faces one charge of false reporting and one charge of making a false or misleading statement to a public servant after he allegedly claimed on an officer line to 911 dispatch that Sedrick Altheimer, a Black newspaper carrier, threatened to kill him in January 2021. Troyer pleaded not guilty to the charges in October 2021.
The defense previously filed a motion to dismiss the charge of false reporting. Jahns denied the state's motion Monday, ruling that jurors could find Troyer guilty, assuming that all the evidence the state presented was accurate.
Closing arguments
State prosecutors and the defense made closing arguments Tuesday.
The state argued that if Altheimer had threatened to kill Troyer, there's "no way" Troyer would have later told responding officers to let him leave. Instead, Troyer was trying to teach Altheimer a lesson, the state argued.
During his testimony, Troyer said he requested one or two police units to assist him. The state argued that is not what someone would request if their life had just been threatened.
The state also asked the jury not to dismiss testimony by responding Detective Chad Lawless because he didn't have a body camera on him. Lawless previously testified that he asked Troyer twice if Altheimer had made any threats to him, and both times, Troyer said no. Lawless said he clarified whether Altheimer had displayed weapons, and Troyer said no, “but he (Troyer) said it was clear that he (Altheimer) wanted to fight.”
Troyer's defense lawyer, Anne Bremner, pointed argued that when officers responded to the scene, there were no arrests made and no guns points at Altheimer.
Additionally, Bremner said Troyer could have had an investigation done into the alleged threats, but he chose not to after finding out he was a newspaper carrier.
Furthermore, Altheimer could have said he was a newspaper carrier earlier on in the confrontation, Bremner said.
The state, Bremner said, needs to prove Troyer knowingly made a false statement. However, Troyer, at the time of the call to dispatch, took what Altheimer was saying as potential threats to his life, she said.
On Dec. 5, SouthSound 911 Dispatcher Leah Heiberg, Darren Steiner, who owns the newspaper distribution company that contracts Altheimer, and Tacoma Police Officer Zachary Hobbs, who spoke with Troyer at the scene, testified.
On Dec. 6, Altheimer testified to what happened on Jan. 27, saying he never made threats to the sheriff.
Chad Lawless, the Tacoma police officer who spoke with Troyer at the scene of the 2021 confrontation, also testified in court Dec. 7.
Troyer took the stand Dec. 8 to explain his side of the story. His wife, Wendy, also testified.
Troyer took the stand again on Dec. 12 where state prosecutors had the opportunity to cross-examine him before resting their case.
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