Two Whatcom County deputies who were shot in Maple Falls last month announced yesterday they are filing a civil lawsuit against the alleged gunman, Joel Berck Young.
Deputies Jason Thompson and Ryan Rathbun, along with their attorney Daniel Horne of Campiche, Andrews & Horne PLLC, made the announcement during a press conference on Friday in Seattle.
Distinct from the criminal charges already filed against Young, the civil lawsuit enables deputies to seek compensation for medical bills from the alleged shooter and to hold him accountable for the trauma and suffering he caused to them and their families.
“It’s apparent from public conversations with both these deputies that this was a very traumatic event for them and their families,” Horne said, adding that his firm plans to investigate all avenues through which they might obtain compensation, including liability insurance and assets.
The deputies have each accumulated more than $100,000 in damages, according to the official complaint filed with the Superior Court of Whatcom County. The Department of Labor and Industries has thus far covered these costs because the officers were shot in the line of duty, and they have a lien on any funds recovered from Young in the civil suit.
Thompson and Rathbun sustained injuries to the head when they were shot while responding to a 911 call on Green Valley Drive in the Peaceful Valley neighborhood of Maple Falls Feb. 10. They were attempting to de-escalate a dispute between Young and his neighbor when Young allegedly opened fire on the deputies.
Young fired a shotgun loaded with birdshot hitting first Thompson, then Rathbun, a police report stated. Both were transported to hospitals and treated for their wounds.
“They were textbook patient, professional, friendly to all the neighbors, and this is just a really unfortunate event for two fantastic sheriff’s deputies for Whatcom County,” Horne said.
Tawsha and Jason Thompson of Lynden with their youngest of three daughters. Jason Thompson was one of two Whatcom County Sheriff’s deputies shot in February answering a disturbance call in Peaceful Valley. (Photo courtesy of the Thompson family)
Because birdshot consists of tiny lead pellets inside each shell, both deputies still have lead implanted in their skulls and faces. Horne said they will consider the long-term effects of the embedded lead on the deputies’ health, including any surgeries they might need. Rathbun, who was hit in the left eye with a pellet, has already undergone two surgeries and may require a third, Horne said.
“We’re really concerned about the long-term employability of both of these officers,” Horne said, adding both deputies deserve full compensation for whatever lasting effects they experience from the incident, including possible traumatic brain injuries and post-traumatic stress disorder diagnoses.
In addition to putting a lien on Young’s house, Horne and his firm plan to go after the supplier of the shotgun if it was sold to Young illegally or without proper background checks.
The civil lawsuit grants the deputies and Horne the right to send out subpoenas and request documents to obtain evidence that could be used against Young in a civil trial.
“We believe we have sufficient evidence to proceed to trial with or without the disposition of the criminal case,” Horne said, adding that civil lawsuits are often filed after a criminal case is adjudicated because of the higher burden of proof required for criminal cases.
Whatcom County deputies Jason Thompson and Ryan Rathbun watch the arraignment of Joel B. Young on Feb. 18. (Hailey Hoffman/Cascadia Daily News)
On Feb. 18, Young pleaded not guilty to all criminal charges brought against him, including two counts of attempted murder. In addition, Young is charged with assault in the first degree, assault in the second degree, felony harassment and six counts of reckless endangerment.
He is presumed innocent at this time and is held at Skagit County Jail in lieu of $5 million bail while awaiting trial.
“On behalf of the law firm, we appreciate the support that … the citizens of Whatcom County have shown the deputies,” Horne said. “I can assure you that they are deeply, deeply appreciative of all the love and support that they’ve gotten.”
