4A March 18, 2016 Seaside Signal seasidesignal.com Details of Barnett agreement released after sudden exit Trial set for man accused in wild police chase Former longtime officer received $20,000, benefits By Kyle Spurr Dismissal may be linked to federal appeals case By R.J. Marx Seaside Signal A veteran Seaside police of¿cer who retired Wednesday, March 9, re- ceived a cash payment from the city. The city agreed to pay Steve Bar- nett, a former lieu- tenant who served the Seaside Police Department for more than 32 years, $20,000 in addition to medical, vaca- tion and sick leave bene¿ts. The payment Steve Barnett was described as “good and valuable consideration” for the terms of a retirement agreement signed in February. According to the agreement, ob- tained by The Daily Astorian through the state’s open records law, Barnett was on paid administrative leave un- til his retirement became effective Wednesday. Barnett released Seaside Police and city of¿cials from any future legal ac- tions, including civil rights and labor standards lawsuits, and waived claims for future pay. Both the city and Barnett agreed to “mutual duties of nondisparagement.” Barnett agreed to “not engage in any actions or make any statements to any person or entity” — including the news media and any other governmen- tal bodies — that disparage or impugn Seaside of¿cials. If Barnett breaches the nondispar- agement clause, he would be required to return settlement funds and pay ad- ditional costs. The city agreed that City Manag- er Mark Winstanley and Police Chief Dave Ham will remain silent regarding Barnett’s “character or reputation,” and are similarly barred from conver- sations with the media or governmen- tal agencies. According to the agreement, Sea- side may not restrict the First Amend- ment privileges of city employees, however. By R.J. Marx Seaside Signal A lawyer representing Seaside po- lice Lt. Steven Barnett said he could not “make any comment” on” the sudden dismissal of Barnett from his post as second in command at the de- partment. Sean Riddell, the Portland-based attorney who is representing Barnett in an appeal of a 2014 court decision, said his client signed a “nondispar- agement request” regarding what the city called the “retirement” of Bar- nett, effective Wednesday. In 2013, Riddell ¿led a First Amendment retaliation claim against Clatsop County District Attorney Josh Marquis, and Clatsop Coun- ty Chief District Attorney Ronald Brown. “We ¿led a First Amendment re- taliation claim claiming Josh Mar- quis refused to work with Steven Barnett because Steven Barnett be- cause Steve Barnett wrote a letter (to the Daily Astorian) critical of Josh Marquis,” Riddell said Tuesday. “Marquis claimed prosecutorial im- munity and the Circuit Court judge in Portland agreed with him. We ap- pealed to the Ninth Circuit. We’re waiting to hear the date that we get to make oral arguments in front of the Ninth Circuit.” From the 2013 brief, Barnett al- leged Marquis informed the Sea- side Police Department he could not vouch for Barnett’s credibility. According to the brief, Marquis had stopped accepting cases for If the city violates its portion of the agreement, Barnett could receive addi- tional fees. Barnett, who was promoted to lieu- tenant last year, had previously served as the department’s lead criminal de- tective investigator for 17 years before prosecution investigated by Barnett, would not call Barnett to the witness stand and would not direct the attor- neys under Marquis’ supervision to do the same. Barnett alleged Marquis directed the Seaside Police Department to determine Seaside police of¿cer he would work and communicate with, excluding Barnett. The case was dismissed in May 2014. An appeal to that decision was ¿led in June 2014. Marquis’ lawyers replied to the complaint by stating “Absolute immunity to a prosecutor’s perfor- mance of a prosecutorial function even when the challenged conduct is ‘inept or malicious,’ and ‘intent should play no role in the immunity analysis.’” In an August 2014 response they argue the district court correctly con- cluded that Marquis and Brown are “entitled to quali¿ed immunity.” “We appealed to the Ninth Cir- cuit, ¿led briefs, and are waiting for the date of oral argument,” Riddell said. Riddell said the Ninth Circuit “can make a decision on the brie¿ngs alone, or they can say ‘We want to hear oral arguments.’ Right now the brie¿ngs are in and we’re waiting to hear if they’re going to make a de- cision on the brie¿ngs or hear oral arguments. “We’re looking forward to the Ninth Circuit decision and I can’t make any comment on the Seaside case,” Riddell added. returning to a patrol sergeant position. The lieutenant position is the patrol division commander and serves as act- ing police chief in the absence of the chief. Barnett ran unsuccessfully for county sheriff in 2012. EO Media Group A trial date is set for the Seaside man accused of lead- ing police on a wild chase last fall through a Cullaby Lake neighborhood. Donald Allen Sanders, 35, is scheduled for trial begin- ning June 7 in Clatsop Coun- ty Circuit Court. The trial is expected to last two to three days. He is accused of eluding police, crashing into a yard, breaking into a deputy sher- iff’s home and assaulting the deputy’s wife before being arrested. He pleaded not guilty to 15 counts. The charges include ¿rst-degree burglary, ¿rst and second-degree assault, fourth-degree felony assault, attempt to elude, attempted unauthorized use of a vehicle, reckless driving, unlawful en- try into a motor vehicle, reck- lessly endangering another person, ¿rst-degree criminal mischief and driving under the inÀuence of intoxicants. The October incident start- ed when law enforcement wit- nessed Sanders speeding in Seaside, heading northbound on U.S. Highway 101. Sanders continued on to the Cullaby Lake neighbor- hood. He drove through bar- ricades and went over lawns and down walking paths. He caused more than $1,000 in damage, according to the in- dictment. He then stopped and al- legedly tried to steal a Clat- sop County Parks Department pickup truck, but the keys were not inside the vehicle so Donald Sanders he returned to his 1995 Nissan Maxima. Sanders lost control of his car, crashed near the depu- ty sheriff’s house and ran on foot. He broke into the house on the 33000 block of Cullaby Lake Lane and assaulted the deputy’s wife by slamming her into the corner of a wall, the indictment states. The deputy sheriff grabbed Sanders and Warrenton Police Chief Mathew Workman ar- rested him. Charges against Sanders have aggravating factors since the deputy’s wife was not pro- voking him, and he allegedly committed the assault in front of the woman’s child. Sanders’ defense lawyer Squire M. Bozorth said he hopes to negotiate a resolu- tion to the case before trial, but has not received any plea offer from the prosecution. After setting the trial date Wednesday, Clatsop County Circuit Court Judge Cindee Matyas said both sides can continue negotiating until June. “Just because we are set- ting a trial date does not mean that we cannot continue reso- lution discussions up until tri- al,” Matyas said. Sanders remains in custo- dy on $200,000 bail. D EL ’S O .K . 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