PORT ANGELES — If kidnapping or other charges are filed against Clallam Bay Corrections Center inmate Dominick Maldonado, he will be tried in Clallam County Superior Court.
Will county taxpayers bear the financial brunt of criminal justice costs surrounding the investigation and prosecution of an inmate already serving 163 years who committed a felony in a state institution?
That remains to be seen, said county Chief Deputy Prosecuting Attorney Mark Nichols on Thursday.
Wielding a pair of scissors, Maldonado, 25, held a Corrections officer hostage Wednesday morning while a cohort, inmate Kevin Newland, 25, commandeered a forklift through the doors of the prison’s work area, according to the state Department of Corrections.
A Corrections officer shot and killed Newland on the prison grounds, after which Maldonado — who is serving 163 years on 15 charges for wounding seven people in a 2005 shooting rampage at the Tacoma Mall — surrendered.
Nichols said he will know more about potential costs surrounding the case after the Clallam County Sheriff’s Office finishes its investigation.
Three county detectives and a detective sergeant could complete the investigation by Friday, July 8, Chief Criminal Deputy Ron Cameron said Thursday.
Detectives tried interviewing Maldonado on Wednesday, but he requested an attorney, Sheriff Bill Benedict said.
The investigation, which may be supplemented with reports from other agencies such as the State Patrol, will be reviewed by the county Prosecuting Attorney’s Office in deciding what charges could be filed and against whom, Nichols said.
Detectives from the cities of Port Angeles, Sequim and Forks are assisting, as is the State Patrol, Cameron said.
They also searched the cells of both inmates and seized “paper documents,” Cameron said.
The cost to Clallam County for the investigation and potential prosecution could depend on the state Attorney General’s Office, Nichols said.
“It’s possible the Attorney General’s Office could come into play either by being asked by the prosecutor here to assume jurisdiction and prosecution, or we could wind up billing the state for time spent in prosecuting this,” Nichols said, adding such decisions are made “on a case-by-case basis.”
Depending on the nature of the charges, expenses could be incurred for expert witnesses, translators and other costs.
“To the extent that they are incurred by our office and are prosecuting on behalf of the state, I am certainly interested in looking to the state to recoup those so local taxpayers don’t have to bear that burden.”
The county can seek reimbursement through the state Institutional Impact Account, which seeks to “reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution,” according to RCW 72.72.030.
“We would aggressively seek reimbursement,” Nichols said, adding that money in that account may be limited considering the state’s financial woes.
The costs will include an autopsy on Newland’s body, a process handled through the county Coroner’s Office.
Under the county charter, Prosecuting Attorney Deb Kelly acts as the ex-officio coroner, Nichols said.
The autopsy likely will be conducted by forensic pathologist Dr. Daniel Selove of Everett, who will need such information as the firearm the Corrections officer allegedly used to kill Newland “so that [Selove] has context and understands what happened as to the death itself,” Nichols said.
The autopsy could take four to eight weeks, he said.
Kelly was unavailable for comment Thursday.
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Senior Staff Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.
Reporter Tom Callis contributed to this report.
