McIver assault charge dropped

A domestic violence charge against Seattle City Councilman Richard McIver was dropped Tuesday after a judge ruled that statements his wife made the night of his arrest couldn't be used against him at trial.

King County District Court Judge Linda Thompson ruled Tuesday morning that jurors would not be allowed to hear what McIver's wife told a 911 operator or police about the alleged attack.

Hours later, prosecutors responded by dropping the fourth-degree assault charge, a misdemeanor. The trial had been set to start Wednesday.

But with Marlaina Kiner-McIver also refusing to testify against her husband, the state no longer had enough evidence to move forward, said David Martin, the senior deputy prosecutor who heads the office's domestic violence unit.

"We were left with insufficient admissible evidence to proceed," Martin said. "We needed some independent evidence to present at trial."

Thompson ruled that the calm but conflicting statements Kiner-McIver made to authorities after calling the police were hearsay -- not admissible "excited utterances," as prosecutors had argued.

In court documents, prosecutors said Kiner-McIver told a 911 operator that she and her husband got into a purely verbal argument Oct. 10 at their Lakewood neighborhood home. But later that night, she told officers that McIver came home drunk, launched into a profane tirade, and then grabbed her arms and neck.

McIver was arrested and spent two nights in jail before being freed without bail.

David Allen, one of two attorneys representing McIver, said his client was relieved to hear he wouldn't have to go through a trial.

"This means the state could not prove the case, and in our view, this is an exoneration," Allen said. "This was the right decision, and it saved us from a public spectacle that would have ended with an acquittal for Richard."

Allen went on to say that McIver is hopeful he can reconcile with his wife.

In a statement released Wednesday, McIver said he did not assault his wife and was pleased that the charges were dropped, calling the experience "the most painful and embarrassing chapter in my life."

He acknowledged that his actions contributed to what happened that night, beginning with the drinks he’d had at a Seattle restaurant, but was "absolutely adamant" that his actions were not domestic violence.

"I got into a very heated vocal argument with my wife. I did raise my voice. I did use profane language," he said. "I’m not proud of this, and I certainly know this is not the best way to resolve conflict, but the issues that precipitated this argument are private and will remain so."

He said the incident has no bearing on his ability to serve on the City Council, and he asked that the public and the media to respect the privacy of his marriage "as we work to heal the issues we have."

Martin said it's not uncommon in domestic violence cases to have alleged victims change their stories as the trial approaches. Many, he said, hope to rebuild their fractured relationships.

"It's important to recognize that victims of domestic violence may recant their statements for many reasons," the prosecutor said.

Martin said it's a "normal part of our practice" to rely on victims' statements to police if they refuse to testify. While each case is different, he said judges often allow such statements to be admitted be at trial.

Prosecutors said they won't file charges against Kiner-McIver. McIver's attorneys had previously argued she could be charged with obstructing police if she recanted her initial statements to police.

Kiner-McIver's attorney told KOMO/4 she's not surprised the assault charge was dropped.

"My client's position has been from the initial phone call that nothing has happened, and she didn't want to go forward with any prosecution," Vonda Sargent said.