VERLOT — A lawsuit filed Thursday in connection with a fatal 2009 police shooting squarely points the finger of blame at a Snohomish County weed inspector.
The family of Daniel Wasilchen is suing Snohomish County, sheriff’s deputy Greg Rasar and the county’s noxious weed abatement coordinato
r, Henry “Sonny” Gohrman. The lawsuit alleges that Gohrman trespassed, violated the state’s noxious-weed laws and misled deputies about the scope of his authority. Gohrman also is accused of violating Wasilchen’s constitutional rights.
“We feel Sonny Gohrman was the instigator. If he simply would have followed the law, my client would be alive today,” Seattle attorney Raymond Dearie said Thursday.
Wasilchen, 44, and Gohrman got into a heated dispute when the inspector stopped to talk about knotweed. He had allegedly seen the invasive species growing on Wasilchen’s property a few weeks earlier. Wasilchen refused to allow Gohrman onto his property to spray chemicals and ended up pushing the county worker, according to investigation records.
Wasilchen ordered Gohrman to leave at least twice, according to the lawsuit.
Gohrman left and called police. Rasar and reserve deputy Tim King accompanied Gohrman and an assistant back to Wasilchen’s home.
Rasar told investigators he believed he only would be needed to stand by while the weed-control workers took care of business.
Gohrman led the way. Wasilchen, seeing the weed inspector, walked back toward his porch and returned carrying a handgun.
Despite Rasar’s attempts to persuade Wasilchen to drop his gun, the Verlot man reportedly aimed at the people outside his home. Rasar fired three times. Wasilchen died at the scene.
Snohomish County Prosecuting Attorney Mark Roe concluded last year that Rasar was legally justified in shooting Wasilchen. Roe noted that Rasar “did everything in his power to avoid having to shoot Mr. Wasilchen.”
The wrongful death lawsuit, however, alleges Rasar failed to follow proper police procedures.
The lawsuit, though, primarily focuses on Gohrman and his actions. The family filed a $5 million claim in 2009 against the county and Gohrman before filing the civil lawsuit.
Gohrman has been with the Snohomish County Noxious Weed Control Board since 1999. His salary is paid by the county, but he reports to the countywide weed control board, a separate entity.
The lawsuit alleges that Gohrman became hostile, belligerent and refused to leave. He is accused of trespassing and failing to obtain a search warrant after Wasilchen refused to allow the weed inspector onto his property.
Wasilchen was concerned that the chemicals would be dangerous for his dogs, his stepfather told The Herald.
The lawsuit alleges that Gohrman told emergency dispatchers he had a legal right to enter private property without the owner’s consent.
But Gohrman, the supervisor of the program, knew that he needed to get a warrant approved by a judge once Wasilchen refused him access, Dearie said.
“If he would have told Rasar what the law was, Rasar wouldn’t have allowed the situation to escalate to where it did,” said Dearie, a former Snohomish County deputy prosecutor. “Cooler heads and common sense would have prevailed.”
The county’s lawyers hadn’t seen the lawsuit Thursday.
However, they pointed out that the shooting had undergone a thorough review by the Snohomish Multi-Agency Response Team, a team of specially trained detectives.
The detectives “looked at the case from every angle and determined that the use of force was justified,” Snohomish County deputy prosecutor Michael Held said. “In defending against the lawsuit, we will vigorously take that same position.”
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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