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Judge's collision discussed at forum

by Bill Stevenson<br
| October 15, 2009 9:00 PM

MOSES LAKE — A collision between Grant County District Court Judge Richard C. Fitterer and Andy L. Schoessler became a political question during a Grant County Republican Women’s meeting Tuesday.

The organization invited Grant County Prosecutor Angus Lee and Deputy Prosecutor Albert Lin to speak about their campaigns.

During the meeting, former state Senator Harold Hochstatter asked Lee directly about the collision and what action was going to be taken by the prosecutor’s office.

On June 5, Schoessler called 9-1-1 and reported his truck was sideswiped by a Lexus on F Street Northeast, where two lanes merge into one, according to a Quincy Police Department report.

“Schoessler said he ‘laid on the horn’ and ‘tried to get the driver’s attention’ but nothing worked,” Quincy officer Aaron Doyle wrote in his report. “He said the vehicle merged into his vehicle, striking him and then proceeded east on (state Route) 28.”

Dispatchers at the Multiple Agency Communication Center (MACC) alerted officers to find the suspected vehicle of a hit and run and noted the driver could be driving under the influence of alcohol, having a medical problem, could be angry or distracted, according to MACC radio traffic recordings.

Minutes after the collision, Schoessler told dispatchers he didn’t want to meet with an officer, citing the damage was minor and he had a meeting to attend in Odessa.

“He said his vehicle suffered minor damage — maybe a ‘couple of scratches’ as a result of the collision, but because he uses his truck for work it is beat up anyway,” Doyle wrote. “Schoessler said the estimated damage was far below the $750 minimum mandatory reporting amount.”

As officers searched for the Lexus, a dispatcher announced the suspected vehicle belonged to “Judge Fritterer,” according to audio copies of MACC radio traffic.

Ephrata police officer Glenn Maryott stopped the Lexus near the intersection of state Route 17 and state Route 282 and contacted Fritterer to investigate the possibility of a DUI, according to an Ephrata police report.

“I couldn’t smell anything on him except cologne,” Maryott told MACC in a radio traffic recording.

A Washington State Patrol trooper arrived to assist the Ephrata officer, according to the Ephrata police report.

“Fitterer claimed he never saw him or knew he had struck the vehicle,” Doyle wrote.

According to the Ephrata police report, Schoessler and Fitterer spoke about the collision and settled the matter.

“Schoessler said he was not desiring prosecution,” wrote Doyle.

No arrests were made or citations issued concerning the collision, but a report was written and submitted to the prosecutor’s office on June 15, according to Doyle.

“No evidence to support criminal intent of hit and run at this time. To avoid appearance of impropriety, a copy of this incident report should be forwarded to the Grant County Prosecutor’s Office,”

Lee said during the meeting he was unaware of the collision and would review the MACC recordings.

“All I can say is I will review the tape … We prosecute based on the evidence without regard for who the person is,” Lee said in an interview after the forum.

Fitterer received a reprimand from the Washington State Commission on Judicial Conduct in 2004 after being convicted of negligent driving in King County, according to a commission report. Arrested for driving under the influence, the charges were amended when a court ruled his blood alcohol level was inadmissible.

He reported himself to the commission after being stopped for driving 73 mph on a freeway in King County. No other signs of erratic driving were spotted by the officer, according to the commission’s reprimand.

Fitterer was required to comply with a drug and alcohol evaluation and recuse himself from hearing cases of DUI for a year after the reprimand.

The Columbia Basin Herald was unable to reach Fitterer in time for the story.

He is listed as a Grant County District Court judge and a municipal judge for Coulee City, Electric City, Ephrata, George, Grand Coulee, Mattawa, Moses Lake, Quincy, Royal City, Soap Lake and Warden, according to the state Administrative Office Of The Courts.

Fitterer has never been convicted of DUI or hit and run.