PORT ANGELES — A court hearing has been set on a motion to dismiss two charges against a Forks man who allegedly assaulted a West End police chief.
Taylor Jacob Graham, 20, is charged with three counts of third-degree assault and single counts of attempting to elude a pursuing police vehicle, obstructing a law enforcement officer and hit-and-run of an attended vehicle.
January trial date
Graham is scheduled to go to trial Jan. 4. He remained in the Clallam County jail Saturday on $10,000 bond.
The charges stem from a Nov. 10 incident in which Graham allegedly knocked down La Push Police Chief Bill Lyon near the Dickey River Bridge on Mora Road and kicked Forks Police Officer Brent Kempster and a La Push Wildlife Officer at Forks Community Hospital.
Jurisdiction
Loren Oakley of Clallam Public Defender filed Thursday a motion to dismiss the first assault charge and eluding charge on jurisdictional grounds.
“According to discovery, the incidents giving rise to these charges occurred in the Olympic National Park,” Oakley wrote in a motion filed in Clallam County Superior Court.
“The state does not have jurisdiction over the Olympic National Park. These charges must be dismissed with prejudice.”
According to the affidavit for probable cause, authorities were looking for Graham because he had allegedly backed a GMC truck into a Volkswagen Passat at the intersection of Forks Avenue and Division Street in Forks.
Lyon spotted Graham and the truck in the overflow parking lot at Rialto Beach, part of which is on Quileute tribal land.
Graham fled but soon became stuck in a ditch as he attempted a U-turn on Mora Road near the Dickey River bridge, court papers said.
Graham allegedly got out of the vehicle, resisted a Taser shot and took a running charge at Lyon, sending both men to the ground.
Graham then ran into the river, where he was arrested by several officers, according to the incident report.
The Rialto Beach parking area and Dickey River bridge on Mora Road are within the boundaries of Olympic National Park, according to park maps.
Hearing set
Clallam County Superior Court Judge Christopher Melly on Friday set a Dec. 31 hearing on the motion to dismiss the two charges.
County Deputy Prosecuting Attorney Jesse Espinoza told Melly there may be a memorandum of understanding between jurisdictions that would enable the charges to stand.
“We need time to respond to this,” Espinoza said, adding that he may ask Lyon to testify to the precise locations of the alleged crimes.
“We’re not going to resolve it today,” Melly said.
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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 5072, or at rollikainen@peninsuladailynews.com.
