Black Diamond PD commander responds to judge on car, dog theft case

The judge who released defendant Anthony Chilcott on his own recognizance back onto the street — where he allegedly stole a car and dog, and led police on a high-speed chase less than two weeks later — made an uninformed decision, according to Black Diamond Police Department Commander Larry Colagiovanni.

Chilcott, 36, died Nov. 25 after leading police on two high-speed chases in the stolen 2018 Ford Raptor with the dog inside.

On Nov. 13, King County Superior Court Judge Chad Allred had released Chilcott from jail on his own recognizance, despite the prosecutor’s recommendation of $5,000 bail. Chilcott, who had a long criminal history, had been in jail since late October, when he caused $2,000 of damage to a Black Diamond police car while resisting arrest for an outstanding warrant.

According to Washington court rules, people charged with crimes that are not capital crimes should always be released on personal recognizance, unless they are likely to fail to appear in court, to commit a violent crime, or to intimidate witnesses.

King County Superior Court judge on ‘catch and release perception’

King County Superior Court Presiding Judge James Rogers told KIRO Radio’s Dori Monson that a major factor in Judge Allred’s decision to release Chilcott was that, on paper, he appeared to be a reliable citizen who would not miss a court date, as he had a job in a restaurant and a relative helping him out financially.

However, Colagiovanni revealed that the restaurant job ended several months ago, and that Chilcott has been living in a tool shed without electricity or plumbing on another person’s property. Colagiovanni wants to know whether anyone asked Chilcott to show proof of employment through a pay stub or other means.

“[I was] listening to Judge Rogers, whom I have the utmost respect for — and I didn’t want to get in a tit-for-tat — but I just wanted to emphasize the importance of the presiding judges maybe doing a little bit more work,” he said. “They seem to have taken Mr. Chilcott’s word for it.”

Judge Rogers said during his interview that outstanding warrants can also be used as a clue to determine whether someone is likely to honor a court date. Chilcott had a pending arrest warrant in Black Diamond.

“The judge said that it was his understanding that Mr. Chilcott willingly took care of that warrant in Black Diamond,” Colagiovanni said. “That was not correct … Mr. Chilcott didn’t willingly take care of that warrant, we went and picked him up at the county jail.”

Colagiovanni added that, in his view, likelihood of appearing in court is not the only of the three factors making a person ineligible for personal recognizance that applies to Chilcott.

“The first two definitely apply — we have a history of failing to appear,” he said. “The judge admitted Mr. Chilcott has a history of warrants. And then the likelihood of committing a violent act.”

Though Judge Rogers said that property crime often does not meet these criteria, Colagiovanni noted that Chilcott’s crime in the police car was not a simple case of vandalism.

“This was malicious mischief — this wasn’t a kid walking down the road who hits a mailbox with a hammer and damages it,” he said. “The act that led to the charge of malicious mischief was a violent act — it was in the back of our car, kicking the door so much that it did $2,000 worth of damage.”

Along with the malicious mischief charge, Chilcott was also charged with resisting arrest and obstructing an officer. This was because the property crime was committed during a violent act, Colagiovanni said. Discovering this fact was the homework that, he believes, Judge Allred should have done.

“They really, in my opinion, need to look at the circumstances leading up to that charge … as well as the person’s past history,” he said.

While on paper, Chilcott’s most recent convictions were misdemeanors, these were the result of a plea deal. He had originally been charged with third-degree assault, a felony, for attacking a Black Diamond police officer, but after over a year of Chilcott failing to appear in court, the police department “allowed him to plead guilty to fourth-degree assault and driving under the influence,” Colagiovanni explained.

Ultimately, Colagiovanni sees the county’s repeat offender problem as a failure not just of the justice system, but of the drug treatment and mental health systems.

“All that most of us in law enforcement are asking for is, can we just get together and take a look at the system, and see if we can come up with some ideas to better protect the citizens from these violent offenders?” he said. “That’s all we’re asking for, some dialogue.”

Listen to the Dori Monson Show weekday afternoons from 12-3 p.m. on KIRO Radio, 97.3 FM. Subscribe to the podcast here.