Man arrested in Walmart parking lot files tort claim

The 53-year-old Clarkston man at the center of a controversial arrest in the Walmart parking lot has filed a $5 million tort claim against the city of Clarkston.

Mark A. Domino, who is charged with resisting arrest and obstructing a law enforcement officer, is also making another attempt to get his charges dismissed. He plans to appear for a 3 p.m. hearing today at Asotin County District Court.

Domino was arrested in June 2019 after police were called about a suspected vehicle prowler at Walmart. Domino, who works at the store, had opened the doors of his wife’s car before walking to his motorcycle, where he was detained by Clarkston police.

At Monday night’s Clarkston City Council meeting, city attorney Todd Richardson updated officials on pending litigation issues, including the Domino case. Richardson said the city and Domino reached a resolution last year, but the defendant did not sign the standard release-of-liability agreement he had verbally accepted.

Richardson said he made Domino an “extraordinary offer,” because he had been a law-abiding citizen since he moved to Clarkston, and he was getting into his own vehicle. After 90 days, the charges would’ve been dropped with no fines or fees, if Domino remained crime-free and released liability for the city

Domino was given an opportunity to make changes to the standard release, but opted to move forward with a trial and a tort claim instead, Richardson told the council. As a result, the city is proceeding with prosecution, and a two-day jury trial has been set for Oct. 8-9.

No questions from the council were allowed during the attorney’s presentation on legal issues.

The city has six jury trials on the calendar in an eight-week period, Richardson said. The cases involve four defendants and 19 charges, and at least two civil matters are also pending.

Tri-State Memorial Hospital’s nonprofit tax status on several additional properties within the city may be the target of future litigation. Richardson said additional information has come in that leads him to believe “the city may have a basis to sue for recovery.” No further information was provided.

In addition, the city is moving forward with a foreclosure on property at 1513 Eighth St., where a house was declared a public nuisance and torn down after a sewer leak went undetected for several years.

The city is also getting rid of a house at 1310 10th St. that was condemned after a fatal fire. Richardson said the city had to step in because the property is a safety risk to others.

Sandaine may be contacted at kerris@lmtribune.com or (208) 848-2264. Follow her on Twitter @newsfromkerri.