Walmart arrest case not quite closed yet

ASOTIN — The Clarkston man at the center of a Walmart arrest that was depicted in a viral video last summer was back in Asotin County District Court on Tuesday afternoon.

Mark A. Domino, 53, has not signed an agreement with the city of Clarkston that would bring his case to an end. In November, he agreed not to sue the city of Clarkston or police officers Chris Lorz and Anthony Bennett, but Domino has yet to sign on the dotted line.

“It seems like they’re trying to cover too much butt in the agreement,” Domino said. “I did agree not to sue the city or those two officers, but this paperwork also lists all agents, employees, insurers, attorneys. To me, it seems like everyone is covered by this except me.”

At a review hearing, Judge Tina Kernan listened to Domino’s concerns and said the language in the release-and-settlement agreement sounds pretty standard. She appointed an attorney to assist him with the document and set several more court dates for the case to continue, if necessary.

Domino was arrested June 24 at the Walmart parking lot after Clarkston police were called about a suspected vehicle prowler who matched the defendant’s description. Domino, who works at the store, had actually opened the doors of his own car.

During his encounter with police, Domino allegedly refused to comply with orders and was subsequently stunned with a Taser and taken to the ground. The arrest was captured on cellphone videos and widely shared on social media.

For the next several months, Domino made numerous appearances in District Court in an effort to get the charges dismissed. Last fall, he and City Attorney Todd Richardson reached a stipulated order of continuance that called for dismissal of the case on Feb. 4, if Domino maintained his law-abiding behavior. The other requirement was signing a piece of paper that says he won’t take any civil action against the city.

Domino, who received the agreement about two weeks ago, said it’s too broad and doesn’t accurately reflect what he agreed to in November.

“If we can’t reach an agreement, we’re at another impasse,” Domino said. “There needs to be something in there that covers me, too. I don’t want them to try and bring these charges back at any time. I feel like this leaves me in the wind. I don’t want this on my record, and I don’t want a big, giant cloud hanging over me.”

Another review hearing is scheduled for 3 p.m. Feb. 25. If the issue has not been resolved by then, Domino has a pretrial hearing set for May 12 and a two-day trial on May 28-29.

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