The Clark County Sheriff’s Office and Clark-Vancouver Regional Drug Task Force have agreed to return three vehicles allegedly involved in drug trafficking to their owners. The county also agreed to pay $10,000 to the owners for damage the vehicles may have sustained while they were seized.
The agreement, obtained through a public records request, was signed July 24 by Deputy Prosecutor Leslie Lopez and John Gutbezahl, a Lake Oswego, Ore.-based criminal defense attorney, representing four individuals contesting the seizure of the vehicles.
In Washington, law enforcement can seize equipment, vehicles and other property allegedly used to manufacture or transport controlled substances. The law allows owners of this property to challenge the seizure.
In March, Gutbezahl filed a petition in Clark County Superior Court on behalf of Christian Martinez, Alberto Oviedo Camacho, Paloma Serrano and Hermila Valencia. According to the petition, in January the sheriff’s office and drug task force seized a 2008 Subaru Impreza, 2015 Subaru WRX and 2012 Chrysler 300, as well as a total of $137,812 that the four individuals claimed ownership in.
While the lawsuit offered no arguments challenging the forfeiture claims, it asked the court to lift them. The lawsuit contained few details about the situation and leaves many unanswered questions. A search of Clark County court records shows that none of the four individuals involved in the lawsuit have been charged with drug trafficking.
Gutbezahl declined to comment, citing criminal charges Martinez is facing in a different matter. He did confirm, however, that none of his clients are facing drug charges.
Undersheriff Mike Cooke said he was unable to immediately comment, because he was unfamiliar with the matter.
Lopez said there is an open criminal investigation and that the vehicles were seized with a warrant. She said the settlement was not in response to the petition filed by Gutbezahl.
In April, Lopez filed a response to the lawsuit stating that the vehicles and cash had been seized using a valid search warrant. Her response stated Gutbezahl had offered no reason for lifting the forfeiture and that the sheriff’s office and drug task force had qualified immunity.
However, court documents show that by July both parties were willing to resolve the litigation. While the agreement returned the vehicles along with payment for damages they allegedly sustained, it allowed the drug task force to keep the $137,812.
The four individuals agreed to dismiss their lawsuit. They also agreed to not pursue any further claims or actions against the sheriff’s office and the drug task force regarding the seizure of the vehicles and money.
