PORT ANGELES — Three character witnesses, as well as physical evidence, helped make the case that James McCauley was innocent of felony hit-and-run, said the lawyer who defended the Sequim man.
James McCauley, 60, was found not guilty after a three-day trial in Clallam County Superior Court on Wednesday.
He had been accused of hitting Sierra Swarm, 32, at First and Peabody streets in Port Angeles last October, with a Volkswagen Jetta. He faced a maximum penalty of five years’ imprisonment and a $10,000 fine.
Swarm was treated for cuts and bruises at Olympic Medical Center in Port Angeles and released the same day.
A jury handed a not-guilty verdict to Judge George L. Wood after one hour of deliberations.
Character witnesses
Three character witnesses — Clallam County Commissioner Steve Tharinger, Port Angeles Regional Chamber of Commerce Executive Director Russ Veenema and former Sequim Mayor Walt Schubert — took the stand on McCauley’s behalf.
“What I told the jury was just that he [McCauley] was a good man, that he was trustworthy and honest, and that I’d known him for the better part of 20 years in three different capacities,” Schubert said.
“I don’t know of any better people in this area. It was not possible for them to have done that,” Schubert said of McCauley and his wife, Patricia.
Lawrence Freedman, McCauley’s Sequim attorney, said that — beyond the physical evidence — the character witnesses helped convince the jury of his client’s innocence.
“For three people like that to spend their time saying his character is very good — there must be something to it,” Freedman said.
“Jim is fine person. A very giving person.”
Police report
Port Angeles police had said James McCauley– with his wife in the car — fled the scene after intentionally hitting Swarm.
Instead, Pat McCauley gave this account, police said:
She told police her husband had stopped for a red light at First and Peabody. When it turned green, Swarm and his wife, Karen Swarm, were in front of the Jetta.
“All of the sudden, the guy jumped up onto our hood and started hitting our windshield, which really scared us,” the police quoted Pat McCauley as saying.
“We took off but never called the police. We didn’t think it was a vehicle-pedestrian collision because he jumped onto our hood and was hitting our car,” police reported she said.
A police officer said in his report he “was unable to observe any physical evidence that would corroborate her story . . . it appeared that [James] McCauley intentionally accelerated his vehicle into Swarm as he crossed in the crosswalk.”
Freedman said the evidence supported his argument that Swarm lost his temper and attacked McCauley.
“The physical evidence did not support anything Swarm said,” Freedman said.
McCauley’s car sustained damage to its hood, where Freedman said Swarm jumped and landed before pounding on the windshield.
“This case was a lawyer’s dream,” Freedman said.
Charges dropped
Clallam County Deputy Prosecuting Attorney Erika Soublet dropped a second charge of second-degree assault with a deadly weapon before jury selection began Monday.
A misdemeanor charge against Pat McCauley, 56, was dismissed without prejudice on Jan. 12.
She had been accused of making false or misleading statements to police about the incident.
“They dropped that case because they could not make the case because she was not guilty,” Freedman said.
Jim and Pat McCauley — who have owned the marketing firm InsideOut Solutions Inc. for 15 years — have lived in the Sequim-Dungeness Valley for more than 26 years.
Pat McCauley is a former tourism coordinator for the cities of Sequim and Port Townsend.
Despite the not-guilty verdict, Schubert said, the McCauleys have suffered from the incident.
“I’m glad that this is over and done with,” Schubert said.
“To me, it shows how life can take a turn in a split second.”
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.
