Joseph Zamora was almost overwhelmed to demise by police in 2017. After surviving a medically-induced coma and a monthlong ICU keep, he was charged with assaulting a police officer and served two years in jail. Zamora’s conviction was overturned by the Washington Supreme Courtroom final yr. Now, a prosecutor is making an attempt to recharge Zamora as a result of he has “not accepted accountability for his function” within the beating that nearly killed him.
The incident occurred in February 2017 when police officer Kevin Hake stopped Zamora whereas he was strolling to his niece’s home in Grant County, Washington. The trigger for the cease was a neighbor’s report a few suspected “automotive prowler.”
A battle between the 2 males ensued, which the state conceded “escalated far past what ought to have occurred.” Based on an Appeals Courtroom opinion, through the battle, Hake “drew his handgun and positioned it in opposition to Mr. Zamora’s ear, temple, and in his mouth.” Over his radio, one other officer reported listening to Hake say, “Put your palms behind your again, I am going to fucking kill you.”
Based on the Appeals Courtroom opinion, six further officers arrived on the scene, and so they “collectively struck [Zamora] repeatedly, pepper-sprayed him within the face twice,” and used their stun weapons to stun him thrice. By the top of the beating, Zamora wasn’t respiration and had no pulse.
Zamora was taken to a neighborhood hospital, the place a blood check decided that he had methamphetamine, amphetamine, and THC in his system. He was quickly transferred to a different hospital, remaining within the ICU for round 4 weeks.
Finally, prosecutors charged Zamora with two counts of third-degree assault for his alleged assaults of two officers, certainly one of whom sustained some bruising and a “couple small scratches round [his] hand and wrist.” The opposite officer injured his hand by repeatedly punching Zamora at the back of the top.
Zamora was convicted and served almost two years in jail. Nevertheless, in June 2022, Zamora’s conviction was thrown out on attraction after he argued that the prosecutor in his case had made racially-biased statements through the jury choice course of.
The prosecutor in Zamora’s case, Garth Dano, had quizzed potential jurors about their beliefs on immigration, border safety, and crime dedicated by immigrants, asking them questions like “Are you able to make room for the concept once they hear that 100,000 individuals come throughout illegally a month, and of these we have individuals from nations that—nations on our listing that are not even allowed within the nation are a part of that group?”
The Washington Supreme Courtroom unanimously reversed Zamora’s conviction, ruling that whereas Zamora just isn’t an immigrant, these statements had been racially biased.
“Opposite to the State’s assertion, no authentic, related trial goal helps the prosecutor’s questions or statements,” wrote Decide Charles W. Johnson. “Somewhat, the obvious goal of the remarks was to spotlight the defendant’s perceived ethnicity and invoke stereotypes that Latinxs are ‘criminally; and ‘wrongly’ within the nation, are concerned in prison actions equivalent to drug smuggling, and pose a risk to the security of ‘Individuals.'”
Based on paperwork obtained by the Seattle Occasions, following the Supreme Courtroom’s ruling, Zamora requested when he may file a tort declare, which is important to file a civil rights lawsuit in opposition to town and its police division. Zamora additionally reportedly left a voicemail to Grant County Prosecutor Kevin McCrae “demanding” that he cost the officer who beat Zamora with tried homicide.
McCrae is now trying to prosecute Zamora once more for a similar alleged crime—seemingly in retaliation. Whereas McCrae has refused to touch upon the reasoning behind his try to retry Zamora, a draft response to a bar criticism in opposition to McCrae after he determined to recharge Zamora obtained by the Seattle Occasions accommodates a proof.
“It’s clear to me that Mr. Zamora had not accepted accountability for his function on this incident,” McCrae wrote. “Whereas there is no such thing as a extra jail time accessible on this case, any conviction would nonetheless depend as prison historical past on his offender rating, would impact the sentence for any future crimes Mr. Zamora could commit, and hopefully impress upon Mr. Zamora the improperness of his habits.”
