Fire commissioner found guilty

By Chris Fitzgerald, KP News

On April 24, 2007, a scuffle at the Key Peninsula Fire District 16 headquarters between commissioners James Bosch and Allen Yanity during a meeting recess ended with Yanity in handcuffs headed to the county jail in Tacoma, and Bosch on his way to the hospital with a head wound.

One of the witnesses, FD 16 attorney Joe Quinn, testifies during the trial. Photo by Chris Fitzgerald

 The following day, Yanity was released on $10,000 bail, and Bosch was preparing to press criminal charges. Almost a year later, after many continuances, a trial brought by the state of Washington against Yanity began on April 2. At the conclusion of the trial, on April 11, Yanity was found guilty of assault in the fourth degree.

Superior Court Judge Vicki Hogan presided over an essentially empty courtroom during the several days of the trial. (Many of the interested parties were being called as witnesses, including Bosch himself and Yanity’s wife, Jean, and were forbidden to be in the courtroom except during their own testimony.) The witness lineup also included individuals who were present during the altercation, the district’s attorney, Joe Quinn, newspaper reporters, private citizens, former fire commissioners, and fire district personnel. Division Chief Guy Allen testified the two men “both had each other’s clothing, grappling.”

The state sought a conviction of assault in the first degree, a felony. What the 12-member jury delivered on April 11 was a guilty verdict of assault in the fourth degree, a gross criminal misdemeanor. According to both Lane and defense attorney Gary Clower, that conviction carries a sentence of up to a year in jail and a maximum $5,000 fine. Yanity has 30 days to file an appeal of the verdict after sentencing, which is scheduled for May 16 in Hogan’s court.

“I don’t prosecute frivolous cases,” said Lane in an after-trial interview. “One person was attacking another with a coffee mug; the mug was a weapon.” Lane said if there is an appeal, he will not represent the state.

Of the verdict against his client, Clower told the KP News, “I’m satisfied that it’s a better result than it could have been, although logically the jury should have found him innocent.” With Yanity having no prior record, Clower said it is “typical of any court in Washington to suspend all or part of a sentence, with judicial conditions attached.” Clower also said he would not represent Yanity if an appeal is filed. “That is a specialty,” he said, noting that fewer than 5 percent of appeals are successful. Neither he nor Lane speculated about Hogan’s decision regarding sentencing.

A question now pertinent is whether Yanity will continue as a fire commissioner. Responding to inquiry by the KP News about the security of his commissioner’s position, Yanity did not hesitate to affirm he will remain. “It was a misdemeanor,” he said. “I’ll get back to work and see if we can change the fire department.” He had no comment on the trial or likelihood of an appeal.

In a voicemail reply to the KP News, Bosch said he was satisfied with the outcome of the trial. “I was hoping for a felony conviction. I feel fully vindicated, as I did nothing wrong,” he said. “The jury….did not believe his claim that he was protecting his wife.” He stated the attack was “a totally blind-sided, unprovoked and vicious assault.” Bosch, chairman of the board of fire commissioners, confirmed Yanity will retain his seat on the board “even though he has been convicted of a crime.”

 The board has and will continue to move forward in a positive manner, regardless of Yanity,” Bosch said.