ISLAND COUNTY: Jury finds former head of county Republicans guilty

Jessie Stensland reports from Island County Superior Court for the Whidbey News-Times. Read the whole story.

On Thursday, a jury found the former chairperson of the Island County Republican Party guilty of two criminal counts in connection with his refusal to wear a mask in a ballot counting room prior to the general election last fall.

Timothy Hazelo was convicted of unauthorized access to an election office and criminal trespass in the first degree. The unauthorized access charge is an unranked felony with a standard sentencing range of zero to 360 days in jail. The judge threw out a disorderly conduct charge before the trial started.

The sentencing hearing hasn’t been scheduled yet but will likely happen this month.

They Said It

In an interview after the verdict, Hazelo was upbeat and said he’s unsure whether he will appeal. He said the related civil case currently in the state Court of Appeals could affect his criminal conviction if it goes his way. The central issue in the civil injunction case is whether the county auditor has the authority to impose a mask mandate.

Hazelo said he was still trying to process his conviction and was incredulous at the escalation of the charges.

“I could have thrown a Molotov cocktail in downtown Seattle, set a Tesla on fire or spit in a cop’s face and I wouldn’t have gotten a citation, let alone a felony charge,” he said.

Hazelo described his actions as civil disobedience. He said he was simply seeking a legal ruling on the extent of the auditor’s authority to impose such rules.

Island County Prosecutor Greg Banks, who handled both the criminal and civil cases, said he has received many emails and phone calls, most of which were from people upset that he was prosecuting Hazelo. He said many of the people were ill informed about the facts of the case.

He pointed out that both the elections manager and the Coupeville marshal gave Hazelo several chances to either wear a mask or move to an observation room with a vantage point that was just as good.

“He basically demanded to be charged with a crime. He got what he asked for,” Banks said. “He was given multiple off ramps.”

Banks, who was elected with “no party preference,” also disputes allegations by Hazelo and others that the prosecution was politically motivated. He said he handled the case personally because he understands elections laws more than anyone else in his office after his many years serving on the county canvassing board. He also was familiar with the case from defending the county in the civil case.

Banks said he didn’t even know who Hazelo was before he was charged. Prosecutors initially charged Hazelo and Abuhl in district court, but the cases were refiled in superior court — with the felony added — after negotiations failed.

During the trial this week, Hazelo chose to take the stand in his defense, which was a decision he said he “kind of regrets” in retrospect.

“I think we had it until I took the stand,” he said, referring to he and his attorney’s defense.

Ed. Note: While it is correct that Mr. Banks indicated “no party preference” during his last election campaign, the long-time prosecutor had indicated “Democratic Party” in his previous elections. We are not aware that Mr. Banks has revealed a reason for the change.