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News / Clark County News

Washougal man accused of ramming occupied SUV, appears in court

By Becca Robbins, Columbian staff reporter
Published: August 25, 2022, 1:31pm

A Washougal man is accused of ramming an SUV with four people inside Tuesday night on Washougal River Road after an argument.

Thomas R. Malcolm, 49, appeared Thursday in Clark County Superior Court on suspicion of three counts of first-degree assault. His bail was set at $100,000, and he is scheduled to be arraigned Sept. 8.

Clark County sheriff’s deputies responded at 10:47 p.m. to the of 40700 block of Northeast Washougal River Road for a report of an assault with a weapon. Malcolm had stopped at a nearby house and told the residents about some type of assault, according to a probable cause affidavit.

Investigators later determined that five people and two vehicles were involved in a road rage incident.

Deputies spoke with three people who were inside a Dodge Durango. The driver, identified as Miguel Hernandez, said he came to the area Tuesday to visit a friend. When Hernandez arrived at the house, he said Malcolm was already there. He said he and Malcolm began arguing, which included shoving. When they separated, he saw Malcolm go to his Mercedes, he said, and he thought Malcolm was going to grab a bat, the affidavit states.

Hernandez said he got in his Durango and left, but Malcolm followed him in his Mercedes. He said he was traveling between 40 and 50 mph, which was fast because of the windy nature of Washougal River Road. He said Malcolm hit his vehicle from behind several times. One time, he said the crash sent his Durango across the other lane and into the guardrail. After the last time Malcolm hit Hernandez’s vehicle, Malcolm’s car became disabled, Hernandez said, according to court records.

Hernandez also told deputies he thought he heard several gunshots, but he didn’t think his vehicle was struck by any bullets. He kept driving until his vehicle became inoperable, he said. Then, he and his passengers attempted to find help at a nearby house, court records state. Hernandez complained of knee pain from the incident.

Two of Hernandez’s passengers told deputies similar versions of what happened. They also recalled hearing pops that they said could’ve been gunshots. One suffered from hip and leg injuries, as well as a seat belt burn to her neck. The other suffered back pain, the affidavit states. The third passenger in Hernandez’s Durango was not found until the next day.

Detectives spoke with Malcolm at PeaceHealth Southwest Medical Center in Vancouver, and he told them he was visiting his girlfriend in the area. He said he was the one who was chased and that Hernandez had rammed him and pushed his car into the guardrail, court records state.

Investigators determined the damage to the two vehicles showed that Malcolm had rammed Hernandez, according to the affidavit.

Deputies said they found shell casings on the floorboard of Malcolm’s Mercedes. A passenger in the Durango told investigators she had a gun in the vehicle but that it wasn’t fired, the affidavit states.

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