Update 7/16/21

Former Seattle Seahawk and West Seattle business co-owner (Wingstop) Richard Sherman, was arrested, arraigned and released on his own recognizance on July 15 after waiving his right to appear. Now the King County Prosecuting Attorney's office has filed five criminal charges against him.

Read the public court documents here

information from King County Prosecutor

This morning the King County Prosecuting Attorney’s Office filed five criminal charges against Richard Kevin Sherman:

1. Driving While Under the Influence
2. Reckless Endangerment of Roadway Workers
3. Criminal Trespass in the Second Degree – domestic violence
4. Resisting Arrest
5. Malicious Mischief in the Third Degree - domestic violence

His arraignment, where he’s expected to enter pleas, is scheduled for 2 p.m. today (July 16) in King County Jail courtroom No. 1. He is expected to enter not-guilty pleas.

Mr. Sherman was released by a judge yesterday on his personal recognizance, but is expected to appear in court this afternoon. That is the normal procedure when there is a DUI arraignment. He did not appear yesterday because people can waive their right to appear and be represented at a first appearance by an attorney.

Here are the classifications of the charges (and the laws are linked above):

• A first-time DUI is a gross misdemeanor. Our office is filing that case in District Court because the King County Prosecuting Attorney’s Office handles DUIs on state roads.
• Reckless Endangerment of Roadway Workers is a gross misdemeanor.
• Criminal Trespass in the Second Degree is a misdemeanor.
• Resisting Arrest is a misdemeanor.
• Malicious Mischief in the Third Degree is a gross misdemeanor.

A possible sentence is up to a judge after a conviction, and judges take into account a person’s criminal history. Mr. Sherman has no known criminal history.

The King County Prosecuting Attorney’s Office is ethically bound to file cases only when we believe we can prove those cases before a jury, and we believe we can prove each of these five criminal charges beyond a reasonable doubt. Our office reviews police investigation independently. This case is being handled in the same manner as others cases with similar circumstances. In other words, Mr. Sherman is not being treated differently, either way.

The next update will be this afternoon after the 2 p.m. arraignment.

Additional details from previous days are below. The criminal charges filed this morning are the first criminal charges filed in this investigation.

A first appearance document is not the same as a charging document. Police/troopers/deputies do not file charges. At the first appearance, the judge determines if there was probable cause. A charging decision by prosecutors typically follows that first appearance.

Also on Friday Sherman posted this on Facebook:

Update 7/15/21

information from King County Prosecutor

Mr. Sherman waived his right to appear and was represented by his defense attorney, Cooper Offenbecher. 

The King County Prosecuting Attorney’s Office asked a judge to find probable cause for:

• Criminal trespass in the second-degree with a domestic violence designation
• Malicious mischief in the third degree with a domestic violence designation
• Resisting arret
• Driving under the influence

When asked by a judge, the defense had no comment in court on probable cause.

King County District Court Judge Fa’amomoi Masaniai found probable cause for the alleged offenses the KCPAO sought probable cause for:

• Criminal trespass in the second-degree with a domestic violence designation
• Malicious mischief in the third degree with a domestic violence designation
• Resisting arret
• Driving under the influence

 

The King County Prosecuting Attorney’s Office asked a judge to set bail at $10,000 bail. We also asked that there be a domestic violence protection order protecting Raymond David Moss, that Mr. Sherman not possess any weapons and not consume any alcohol or non-prescribed drugs. The last two are common requests at first appearances.

The bail request made by the King County Prosecuting Attorney’s Office is consistent with bail requests in domestic violence cases that have similar circumstances. In other words, Mr. Sherman’s case is not being handled differently, either way.

The basis for the bail request is the underlying facts of the case, concerns for community safety, concerns for Mr. Sherman’s family and Mr. Sherman himself.

Deputy Prosecuting Attorney Kyle Olson then went over details in the first appearance documents.

Mr. Sherman’s defense attorney had no objection to the order protecting Mr. Moss, and no objection to the order that Mr. Sherman not possess any weapons and not consume any alcohol or non-prescribed drugs.

Mr. Sherman’s defense attorney also asked that Mr. Sherman be released on his personal recognizance.

Judge Masaniai released Mr. Sherman on his personal recognizance.

Original Post 7/14/21

Former Seattle Seahawk Richard Sherman, whose co-ownership of Wingstop in Westwood Village has brought him to West Seattle numerous times was arrested by Redmond Police  this morning on suspicion of burglary and domestic violence.

The Redmond Police Department released the following information:

At 11:26 p.m. on Tuesday, July 13, Redmond Police were notified by the King County Sherriff’s Office that Sherman was possibly traveling to Redmond. At approximately 1:49 a.m. on Wednesday, July 14, Redmond police officers were called to a residence for a reported in-progress burglary. Sherman was attempting to force entry into a family member’s home.

Officers arrived and located Sherman outside the home. The suspect fought with officers while being taken into custody, resulting in a Redmond K9 team being deployed to assist in gaining control.

Troopers with the Washington State Patrol were also on-scene investigating a hit and run incident. The individual is suspected of leaving his severely damaged vehicle and fleeing on foot after striking a cement barrier to an SR 520 off-ramp prior to him arriving at the residence.

The King County Prosecutor's office released the following information on the matter:

Mr. Sherman was booked into the King County Jail by Redmond Police at 6:08 a.m.

Typically people who are booked into jail after midnight are on the first appearance calendar the following day at 2:30 p.m. in King County Jail courtroom No. 1.

Arrest decisions are made by police, and Redmond Police can speak to details of the arrest. Jail bookings are handled by the Department of Department of Adult and Juvenile Detention. Both are separate from our office. Here are answers to questions we’ve received this morning: 

Booking photo

The jail staff handle booking photos, but those are typically not shared publicly under Washington State law. The King County Prosecuting Attorney’s Office is separate from police and the jail staff.

Bail amount

A bail amount has not been set, and that is not unusual in this case. Bail amounts are typically set at a first appearance hearing, or sometimes at a second hearing. The jail roster says “bail denied,” but a bail hearing has not yet happened. The King County Jail website is separate from our office. 

Charging decision

Despite what is listed as a “charge” on the jail roster, Mr. Sherman has not been criminally charged. What is listed as a “charge” on the jail website is actually the jail booking reason by police. Police (or deputies or troopers) do not make charging decisions in King County. Police refer investigations for charging decisions, and our office makes charging decisions after an independent review. In Redmond, our office handles felony cases. Misdemeanors and gross misdemeanors would be handled by the municipal level.

Our office has not received the documents required by law for a charging decision (the certification for determination of probable cause), but that also is not unusual: those documents required for a charging decision are typically referred to us after a first appearance and a first appearance document. The document used for a first appearance and the documents used in a charging decision are separate.

First appearances

First appearances handled by King County District Court are typically held at 2:30 p.m. on the day after someone is booked. Mr. Sherman was booked at 6:08 a.m. today, so his first appearance would likely be tomorrow (July 15) at 2:30 p.m. in King County Jail courtroom No. 1. 

What happens at a first appearance? What about the first appearance court document (called a superform)?

A judge determines if there was probable cause for the arrest and can set a bail amount. If a judge finds probable case, the first appearance document presented in court is public. If a judge does not find probable cause, the document is not public. 

Next update

The next scheduled update from the King County Prosecuting Attorney’s Office will be sent around 5 p.m. July 15. Though first appearance hearings start at 2:30 p.m., it typically takes more than an hour and sometimes more than two hours to complete the full calendar.