Asotin County deputy’s use of force in question

An Asotin County deputy remains on paid administrative leave pending possible charges stemming from on-duty use of force.

Deputy Michael Babino’s actions were recently investigated by an outside agency and charging recommendations have been sent to the state attorney general’s office for consideration.

According to a lengthy report released to the Lewiston Tribune on Tuesday, Babino allegedly used excessive force while handling a DUI case June 17 in Asotin County. He 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.

Pullman police completed an extensive criminal investigation at the request of the sheriff’s office and forwarded two recommended charges of fourth-degree assault to the Asotin County prosecutor’s office. In accordance with policy, the AG will handle any criminal prosecution in the case.

Babino, who has worked in law enforcement for 23 years, denied any wrongdoing when interviewed by investigators. The deputy said he was reacting to the woman’s noncompliance and attempts to assault him.

His attorney, Trae Turner, said Babino has been cooperative throughout the investigation. “My client and I have not seen the reports, so I can’t comment on them specifically at this time,” Turner said.

Videos of the incident appear to show Babino pushing the 32-year-old woman into a door by her neck, and a loud thud was heard by witnesses when her head made contact. She was at the hospital with three deputies for a blood draw when the alleged incident occurred.

Earlier in the evening, 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.

“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. 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.

Given the woman’s lack of threats to anyone, lack of physical resistance – aside from being suddenly forced in Babino’s patrol vehicle – the deputy’s height and weight advantage, and her demonstrated willingness to comply when she understood what was happening and given clear instructions, it does not appear that the push into the vehicle or grabbing her by the neck at the hospital lab were necessary, the Pullman report concludes.

Undersheriff Jody Brown said Babino was placed on paid administrative leave pending the completion of the investigation and the AG’s decision. The case is currently being reviewed by the state, he said.

The alleged victim is being represented by Spokane attorney Mason Maxey.

Sandaine can be reached at kerris@lmtribune.com.