Sparring continues in Walmart arrest case

ASOTIN — Faced with the complexities of the legal landscape leading up to his trial, Mark A. Domino reluctantly accepted legal assistance from an attorney at a hearing Tuesday in Asotin County, although he will continue to represent himself.

Paul Alexander took a seat at the defendant’s table next to Domino, who is facing misdemeanor counts of resisting arrest and obstructing a law enforcement officer. Alexander is a Lewiston defense attorney, and volunteered to assist Domino free of charge.

“He contacted me last week and told me how messed up he thinks the case is,” Domino told District Court Judge Tina L. Kernan.

The charges stem from Domino’s controversial June arrest in the Clarkston Walmart parking lot that was captured on video that was widely viewed on social media. In the video, a Clarkston police officer took the 52-year-old Clarkston resident and Walmart employee to the ground and tasered him after Domino reacted negatively to questions about a report of vehicle prowls.

Attorney Todd Richardson, who is handling the case for the city of Clarkston, noted several legal errors Domino has made in his court filings. But later in the hearing, Domino alleged a list of errors made by others that led to his arrest. They ranged from the initial 911 call that reported a possible vehicle prowl in the parking lot, to a dispatcher erroneously telling Clarkston officers that a man matching Domino’s description tried to break into three cars, to the city filing an incorrect charge of obstructing gambling enforcement.

But Kernan agreed with Richardson that the state needed to get Domino’s formal waiver of counsel on the record. One of the questions from the waiver form was if Domino had ever represented himself in court before, and Domino answered yes.

When Kernan asked what the charge was, Domino thought for a moment before answering, “The charge was nunya.”

That answer confused the judge, but Richardson jumped in to explain that the word is slang for “none of your business.” Kernan then explained that the nature of the earlier charge would emerge during discovery before trial. And after Alexander advised him to answer the question, Domino said the charges were assault and intimidating a witness. He said he was acquitted of those charges.

When asked why he wants to represent himself, Domino said the attorneys involved in the case are “linked to a network of unfair distribution of justice around here.”

Kernan assured Domino that he would still be able to hire a lead attorney before trial if he changes his mind. Domino had expressed worry that signing the waiver would preclude that option. Kernan also arraigned Domino on the obstruction charge after the city filed it Tuesday in place of the mistaken obstruction of gambling enforcement charge.

The court also took up the matter of scheduling Domino’s trial. It was originally set for Oct. 3-4, but Kernan said a previously set trial on Oct. 4 would take precedence. Both parties agreed the trial might take more than one day, especially due to Domino’s legal inexperience, so Kernan changed the date to Oct. 24-25. She also set a pretrial hearing for Oct. 15.

Domino again proclaimed his innocence, and charged that the court wouldn’t have so much trouble with its schedule if it would stop pursuing unwarranted charges.

“If you had less innocent people in seats like this, it wouldn’t be bogged down like it is now,” he said.

Mills may be contacted at jmills@lmtribune.com or (208) 848-2266.