Charge: Defense investigator pressured victim to not testify

Michael Powers was working with an attorney assigned by the Snohomish County Office of Public Defense.

EVERETT — A Snohomish County defense investigator pleaded not guilty Wednesday to a felony charge of witness tampering.

Island County Prosecutor Greg Banks will serve as lead attorney for the state in the case against Michael Powers, 61, who was charged this month with discouraging a victim of assault from showing up to court.

The original report of a crime came in February 2016, when a Spanish-speaking man told Monroe police he’d been beaten, apparently at random, by two men outside of a 7-Eleven.

The man spoke with police in the emergency room of EvergreenHealth Monroe. He’d been left bloodied and in need of stitches. His lip appeared permanently disfigured, according to charging papers.

The case remained in legal limbo for years, pending an investigation.

Powers was working with an attorney assigned by the Snohomish County Office of Public Defense, representing one of the defendants. He spoke with the victim in September 2017, through an interpreter over the phone. Both the victim and interpreter felt his questions were trying to change the man’s belief about an attacker’s identity.

The interpreter grew uncomfortable to the point that she gave an excuse to hang up. The investigator left a voicemail for her a while later, where he suggested the victim could be detained if he testified at trial.

“They will yank him and pull him back to Mexico, and he’s got a family here,” Powers said on the recording, according to charging papers. “So I don’t want that happening.”

Later the man met with the prosecutor and the defense team for an interview. Powers began by asking for the man’s date of birth, how long he’d been in the country, whether he had a Green Card, and whether he was in the country legally. The deputy prosecutor cut in to say the man wouldn’t answer that line of questioning. Over objections from the prosecutor, Powers continued to ask the man if he had any restrictions on being in the country, and if he’d ever been charged with a crime in Mexico, according to the charges.

Once Powers left, the defense attorney apologized to the prosecutor for those questions, the charges say.

A Monroe detective met with the victim of the beating, who told him he felt Powers was trying to scare him to keep him from testifying.

Powers was arrested in June 2018. The chief criminal deputy prosecutor at the time, Craig Matheson, said the office would never seek to have a victim detained because of immigration status.

“That does not happen,” he said. “Ever.”

Until this month, Powers was awaiting a charging decision. Superior Court Judge Jennifer Langbehn did not require him to post bond at his arraignment hearing.

In the meantime, the two suspects in the original case were convicted of second-degree assault for the beating.

One defendant pleaded guilty in February. The other man’s case went to trial in May. Jurors found him guilty as charged, after hearing the victim’s testimony.

Caleb Hutton: 425-339-3454; chutton@heraldnet.com. Twitter: @snocaleb.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Logo for news use featuring the municipality of Gold Bar in Snohomish County, Washington. 220118
Lynnwood man dies in fatal crash on US 2 near Gold Bar

The Washington State Patrol said the driver was street racing prior to the crash on Friday afternoon.

Thousands gather to watch fireworks over Lake Ballinger from Nile Shrine Golf Course and Lake Ballinger Park on Thursday, July 3, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Thousands ‘ooh’ and ‘aah’ at Mountlake Terrace fireworks show

The city hosts its Independence Day celebrations the day before the July 4 holiday.

Liam Shakya, 3, waves at a float passing by during the Fourth of July Parade on Friday, July 4, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett celebrates Fourth of July with traditional parade

Thousands celebrated Independence Day by going to the annual parade, which traveled through the the city’s downtown core.

Ian Saltzman
Everett Public Schools superintendent wins state award

A group of school administrators named Ian Saltzman as a top educational leader.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.