A Vancouver man who punched and kicked law enforcement officers and a police dog was sentenced to 6½ years in prison Friday morning in Clark County Superior Court.
The catalyzing incident happened on April 5, 2016, a handful of days after Michael J. Boyd was released from prison on a different conviction. Early that morning, the Washington State Patrol received reports of a man walking in the northbound lanes of Interstate 5 near East Fourth Plain Boulevard.
A trooper responded, but the man, later identified as Boyd, ran across the freeway to the southbound shoulder. The trooper approached Boyd again and ordered him to the ground. Boyd ignored his commands and resisted being detained, according to a probable cause affidavit filed in Superior Court.
During the struggle, the trooper shocked Boyd with a Taser weapon to no effect. At one point, Boyd tried to get into the trooper’s patrol car, but the trooper slammed the door on Boyd before he got completely inside, the affidavit said.
When the trooper wrestled him to the ground, Boyd punched him in the face, court records said. The trooper then drew his firearm. Boyd threw his hands in the air and began to walk into the southbound lanes of I-5. He repeatedly yelled, “(explicit) your gun!” He jumped the center median and ran across the northbound lanes to the shoulder, according to court documents.
Vancouver police responded to assist and again tried to use a Taser to no effect. An officer deployed police dog Tripp, who bit Boyd. As Tripp held onto his arm, Boyd punched the dog repeatedly, causing soft-tissue damage and bruising, according to another affidavit. As a Vancouver police officer attempted to take Boyd into custody, he kicked the officer in the chest.
After Boyd was eventually arrested, the trooper subsequently found a 5-inch knife that Boyd had apparently dropped, the affidavit said.
Deputy Prosecuting Attorney James Smith said through this series of events Boyd “made a bad decision much, much worse.” Smith recommended a 10-year sentence due to Boyd’s high offender score and the fact that he did this within two weeks of being released from prison, showing that he’s not compliant. His actions also injured the trooper, who received three stitches to his lip after being punched.
Last month, Boyd pleaded guilty to two counts of third-degree assault and one count each of harming a police dog and possession of a dangerous weapon.
Defense Attorney Susan Stauffer argued that Boyd was clearly out of it and appeared startled by the response of police, who immediately resorted to violence rather than trying to calm him down.
“I’m not sure what crime Mr. Boyd had committed that warranted this contact,” Stauffer said. “All in all, this situation is unfortunate.”
She said that Boyd has trouble with substance abuse and mental health issues, and recommended a five-year sentence.
Smith said that when the trooper saw Boyd, he attempted to stop him before he ran across the freeway; that meant Boyd couldn’t be contacted like a typical pedestrian or motorist.
“We can try to second-guess Trooper Jennings’ decision. I don’t think that’s particularly productive,” Smith said, adding that Boyd’s resistance only made things worse.
“I don’t want this to be a defining moment in my life,” Boyd told Judge Gregory Gonzales. “Unfortunately, in society you’re only as good as your last bad action.”
During his brief freedom from imprisonment, Boyd said, he threw a football with his son, signed up for a couple of services, ate fried chicken and watched movies, remaining at home until the night before the April 5 incident.
Boyd admitted to having methamphetamine in his system but said he doesn’t remember ingesting it or the events that followed. He asked Judge Gonzales for leniency.
“I’ll go to prison, and I understand that,” Boyd said, but he added that he’s unsure how a lengthy sentence would reform him.
Medication he said he began taking in jail, though, seemed to help: a combination of mood stabilizers, anti-anxiety medication and another to treat bipolar disorder.
Gonzales reviewed video footage before laying down his sentence, telling Boyd: “You put everybody’s safety at risk.”
Gonzales said he doesn’t criticize the trooper’s actions but focused on Boyd’s failure to respond and comply with the trooper’s commands. However, he said, Boyd didn’t use the knife that could have heightened the situation.
“I’m hoping nothing like this happens again,” Gonzales said.
