Asotin County deputy facing two assault charges
An Asotin County deputy who allegedly used excessive force while handling a DUI case has been charged with two counts of fourth-degree assault.
In addition, Deputy Michael C. Babino has been placed on unpaid leave while his case is pending in Asotin County District Court, according to Undersheriff Jody Brown. Columbia County Prosecutor Dale Slack recently filed the criminal charges after reviewing investigative reports from an outside agency.
Babino reportedly shoved a woman into his patrol car and later grabbed her by the throat and slammed her head into a door at Tri-State Memorial Hospital in Clarkston.
After the alleged incident, Pullman police completed an investigation at the request of the Asotin County Sheriff’s Office and forwarded two recommended charges of fourth-degree assault to the county prosecutor. The case was then sent to another jurisdiction for a charging decision.
Babino, who has worked in law enforcement for 23 years, denied any wrongdoing when interviewed by investigators. The 46-year-old deputy said he was reacting to the woman’s noncompliance and attempts to assault him.
Attorney Dan Thenell, of Portland, is representing Babino, who is scheduled to make his first court appearance at 1:30 p.m. Nov. 16 in Asotin County. The Thenell Law Group specializes in cases involving police officers.
Slack will handle the case on behalf of the state.
Video from Babino’s body camera of the incident appear to show him pushing a 32-year-old woman into a door by her neck, and a loud thud was reportedly heard by witnesses when her head made contact. She was at the hospital with three deputies for a blood draw related to a DUI investigation when the alleged incident occurred.
Earlier on the evening of June 17, the woman had been arrested near Washington State Route 129 and the bottom of Critchfield Road and taken to the Asotin County Jail, where she reportedly refused to take a Breathalyzer. When Babino was attempting to get her into his patrol car for the ride to Tri-State, he said she was kicking at him. Video from another officer’s body camera shows this incident.
“However, the video clearly shows that Babino suddenly pushed (her) with such force that she was unable to maintain her balance and she fell backward into the seat onto her back,” according to the Pullman investigation.
At the hospital, she was not allowed to immediately use the restroom and urinated while restrained and sitting in a wheelchair. The woman was reportedly upset, crying at times, cussing and hurling insults at Babino for allowing that to happen. However, investigators determined she was not attempting to physically assault the deputy during the encounter.
After the woman was pushed into the door, the other two deputies intervened and transported her back to the jail and later contacted their superiors to report the incident, according to court documents.
The alleged shove into the patrol vehicle and grabbing of the woman’s neck at the hospital lab were unnecessary, Pullman police concluded.
Fourth-degree assault is a gross misdemeanor, which carries a maximum penalty of 364 days in jail and a $5,000 fine.
Sandaine can be reached at kerris@lmtribune.com.
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Body camera footage from Babino and another officer showing the alleged assaults are available at lmtribune.com. The footage was provided by the Pullman Police Department after the Tribune filed a public records request. Editors note: The contents of the video may be disturbing to some viewers.
