A lawsuit filed by a Washington oyster farmer accusing a former county deputy of falsifying an arrest report and urging a person to lie during a domestic-violence investigation has been settled for $250,000.
Gerardo Rodarte, the owner of Samish Gold Seafoods, sued Skagit County and former deputy Joseph Gutierrez in 2020, after Rodarte was acquitted by a jury of domestic-violence assault charges, The Seattle TimesThe charges were based on the deputy’s sworn statement and reports. Court documents show Gutierrez, who was fired in 2018 over allegations of having sex while on duty and failing to aid other officers during a jail escape, refused to testify at trial.
The niece called the Sheriff’s Office on June 7, 2017, and claimed she had been assaulted by Rodarte. Gutierrez responded and arrested Rodarte, despite his claims and statements from his wife that the niece attacked him, biting his thumb and hitting him in the head with a telephone handset, according to the lawsuit and other documents filed in U.S. District Court.
He claimed Gutierrez took pictures of the niece’s neck, which showed bruising and marks that weren’t there previously. U.S. District Judge Barbara Rothstein in a 2021 ruling denied Gutierrez’s motion to dismiss the fabrication and false-evidence claim and ordered it to proceed to trial. Gutierrez appealed Rothstein’s decision to the 9th Circuit Court of Appeals in San Francisco. An appeals court panel in January upheld Rothstein’s trial decision.
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