Judge Orders New Fraud Trial For Former Yakama Police Chief

A special prosecutor plans to appeal a judge’s decision to set aside the conviction of a former Yakama Indian Nation police chief for pocketing nearly $4,000 in tribal proceeds.

Special prosecutor Iris Shue argued that evidence of a juror’s alleged misconduct was not admissible, but visiting Judge Conrad Pascal of the Spokane Tribe disagreed.

The Tribal Court judge declared a mistrial on Monday and ordered a new trial for Davis Washines.

Washines’ attorney, Jack Fiander, said a juror violated her oath by discussing the case with a Wapato grocery store owner during lunch on April 23, the second and final day of the trial.

Fiander said the juror told the store owner that “nobody likes (Washines) and we are going to find him guilty.”

A six-member Tribal Court jury last month found Washines guilty of two counts of fraud and single counts of theft and embezzlement. He was accused of stealing and embezzling nearly $4,000 of fish sale and police yard sale proceeds several years ago.

Washines could have faced up to six months in jail and a $500 fine on the theft and embezzlement charges. The fraud charge carried a maximum penalty of three months in jail and a $500 fine.