Witness statements, emails between attorneys, and the audio of a 911 call that had been previously sealed for privacy concerns were released this morning to reporters thanks to a court order. But Judge Linda Thompson denied the Seattle PI's request for the audio and videotape from the police cruiser that took council member Richard McIver to King County Jail because he was not told the recording was being made.
McIver was arrested last month for allegedly assaulting his wife Marlaina Kiner-McIver. He's pleaded not guilty to fourth-degree assault. The statements from police and from the couple, reveal more details about what happened that night, but don't appear to change the substance of the case. Kiner-McIver says her husband didn't drive home from the Four Seas, but was dropped off "because he couldn't drive." (He had met earlier that evening with me at the College Club.) She says in her statement to police that she initially hung up after calling 911 because she "thought about the potential media coverage." The McIvers didn't answer when the 911 dispatcher called back, but Kiner-McIver called 911 again before police arrived to say that she'd had a "serious argument with her husband" and that they'd "resolved it." She was told not to hang up when calling 911-- and that the police can't cancel calls of domestic violence. Then 911 dispatcher asked if the violence was physical and Kiner-McIver said it had been verbal. (She later told police that McIver grabbed her by the neck "at least three times," adding that "he has never done this before at it made me very afraid.") McIver also spoke with the 911 dispatcher before police arrived. He said he wasn't sure "what the problem is" that his wife is an alcoholic, but that they'd both been drinking. He asked if the police were on their way and said "thank you" before hanging up.
In his statement, officer Thomas Jones describes McIver as "astounded for being arrested for what he felt like was a simple argument between a couple." He adds that McIver indicated he was a city council member, acted "professionally" and was "cooperative." Both officers say McIver initially resisted being handcuffed, that he tried to face them to ask questions about what was going on. According to police statements McIver said, while being transported, "It will be fascinating to see how the press lays me out like they did John Manning." McIver replaced Manning on city council in 1997 after he resigned because of charges of domestic violence.
The trial date is scheduled for Dec. 10, but Kiner-McIver has indicated she will not testify and prosecutor David Martin, in a motion agreed to yesterday, can't use Kiner-McIver's statements to police unless she takes the stand. Kiner-McIver has been subpoenaed and could face jail time if the trial goes forward and she refuses to testify.