Juror dismissed in assault trial

Published 10:14 pm Thursday, December 10, 2009

EVERETT — A Snohomish County judge dismissed a juror after the man claimed he overheard a defendant on trial for vehicular assault say he wished he could run the prosecutor down with his Chevy Suburban.

Trevor Wipf is accused of running into an elementary school librarian after berating fifth-graders on safety patrol during a dispute over what entrance to use when dropping off his 7-year-old at Jefferson Elementary School.

Wipf, 34, claimed the librarian slipped when he attempted to kick Wipf’s vehicle last December.

Wipf’s assault trial began Monday. He was charged with second-degree assault and vehicular assault. The jury was hung on both counts. Instead, they convicted Wipf of third-degree assault, a lesser charge.

Wipf hired high-profile criminal defense attorney Anthony Savage to fight the charges. The longtime Seattle attorney defended serial killer Gary Ridgway and triple murderer Charles Campbell.

Snohomish County Superior Court Judge Ellen Fair on Wednesday morning excused a juror after he reported that he inadvertently heard Wipf on Tuesday afternoon talking on the phone outside the courtroom. Wipf wasn’t being jailed during the trial.

Judges go to great lengths to keep jurors from interacting with the defendants and lawyers outside the trial. Jurors are advised not to loiter in the courthouse and not to talk with attorneys or judges if they pass them in the halls.

The juror said he overheard Wipf call Snohomish County deputy prosecutor Janice Albert a derogatory name while Wipf was talking on his cell phone. He also reported hearing Wipf say that he wished he had a chance to run Albert down with his vehicle.

The juror wasn’t allowed to participate in the remaining deliberations. The judge brought in an alternate juror.

Wipf is scheduled to be sentenced next week. He faces up to three months in jail.

The schoolyard dispute began last December when fifth-graders manning the school’s restricted bus-only entrance complained that a parent refused to use the appropriate entrance. The kids told school officials the man cursed at them and threatened to run through the gate, Albert wrote in court papers.

One morning a school librarian stood at the bus entrance with the safety patrol. Buses were waiting to use the driveway when Wipf drove up and demanded one of the fifth-graders let him in.

The librarian told Wipf he needed to back up and use the appropriate entrance to drop off his child, according to court papers. Witnesses reported that Wipf got out of his vehicle and screamed profanities in the librarian’s face.

Other parents called 911.

Wipf got back into his vehicle and told the librarian to get out of his way, Albert wrote.

The librarian stepped in front of the Suburban. Instead of stopping, Wipf drove into the man and knocked him to the ground, court papers said.

Wipf told police a different version of events. He said the librarian pounded his fists on his vehicle and yelled at him.

He said he only got out of his vehicle to explain how backing up might be a safety risk, Albert wrote.

He also told police he carefully drove around the librarian who slipped and fell after trying to kick Wipf’s vehicle.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.