Opening statements completed, testimony begins in Thompson and Chaplin trial

The trial of Andre Thompson and Bryson Chaplin was in full swing Wednesday, with attorneys from both sides giving their opening statements.

Deputy Prosecutor Wayne Graham primarily argued that Officer Ryan Donald of the Olympia Police Department shot the two defendants in self defense on May 21, 2015. Graham said that Donald will take the stand and testify that, on one occasion, Thompson grabbed the officer’s arm, and that Chaplin raised a skateboard over his head as if to strike. He will testify that in an altercation a few minutes later, both Thompson and Chaplin ran toward him. Graham said that Chaplin again had the skateboard raised over his head.

Attorney Sunni Ko, who represents Thompson, indicated in her opening statement that she will spend much of the trial using expert witnesses to attempt to poke holes in Donald’s story. She described Donald as a “green police officer who lost control of his emotions.” Expert witnesses will indicate that Donald wasn’t truthful when he described where the defendants were during the shooting, Ko said.

George Trejo, an attorney representing Bryson Chaplin, pointed out that neither victim in the alleged assaults was injured. Chaplin is suspected of assaulting Safeway employee Tammy Brown by throwing a case of beer at her. He is also suspected of attacking Donald with a skateboard.

“But Officer Donald saw fit to shoot and use deadly force against Bryson Chaplin,” Trejo said. “And that is why he is in a wheelchair today.”

Chaplin and his brother, Thompson, face assault charges resulting from an alleged May 21, 2015, attack on Olympia police Officer Ryan Donald, who was attempting to apprehend the brothers after responding to a report of thefts and an assault at the west Olympia Safeway.

Both men were shot during the altercation with Donald, who was cleared of wrongdoing by the Thurston County Prosecutor’s Office and the Olympia Police Department.

The Prosecutor’s Office also filed theft charges against Thompson and Chaplin last October. Chaplin pleaded guilty on March 27 to three counts of third-degree theft. Thompson still faces one count of third-degree theft.

Each man is charged with two counts of second-degree assault for the alleged attack on Donald, and Chaplin also faces one count of fourth-degree theft for an alleged assault on a Safeway employee.

Jury selection for the case began on March 20 and concluded March 28 with attorneys selecting 12 jurors and three alternates. The entire trial process is expected to take about six weeks.

In his opening statement, Graham outlined what allegedly happened in the early hours of May 21, 2015, starting with a 911 call about 12:45 a.m. Graham said jurors will watch security footage showing Chaplin taking a watermelon and leaving. Footage will show Chaplin and Thompson entering the store again a few minutes later, Graham said.

A few minutes later, footage shows Chaplin walking to the store exit while carrying a case of beer. It then shows Brown approaching him, and Chaplin throwing the beer at Brown, Graham said.

“She’ll testify that she has to raise her hands to stop the beer from striking her,” Graham said.

Brown testified Wednesday afternoon, immediately following opening statements. She said that she noticed Chaplin walking from the Safeway store on May 21, 2015, carrying a case of Corona. She said she asked him to hand her the beer.

“He threw the beer at me,” Brown said.

She said she lifted her hands to deflect the case of beer and it fell to the ground. She said she called 911, and while she was on the phone Chaplin went outside, fell down and got back up.

During his statement, Graham said that multiple officers responded to Safeway, but could not find the suspects. They gave up at about 1:11 a.m. Three minutes later, Donald saw Thompson and Chalpin on Cooper Point Road, Graham said.

Donald will testify during the trial that he shot the men to defend himself, Graham said. Donald was unable to reach for his stun gun during the first incident because it was located on the right side of his body, and Thompson was holding his right arm. Donald believed Chaplin was going to strike him with the metal trucks of his skateboard.

“Officer Donald will testify as to why he made the decision to defend himself with a firearm,,” Graham said.

Donald will also testify about the second part of the incident, when Thompson and Chaplin reportedly ran out of the woods toward him, prompting a second round of shooting, Graham said.

Several nearby residents will also testify about what they heard, he said.

Both defense attorneys asked the jury Wednesday to pay special attention to witness testimony about Thompson and Chaplin’s wounds. Ko said one expert witness will testify that a gunshot wound to Chaplin’s neck could only have happened while Chaplin was falling forward. Another couldn’t have happened while Chaplin held a skateboard over his head. She said that bullet entered through Chaplin’s back, exited, then entered his arm.

“There’s insufficient proof to find that my client committed any assault on Officer Donald,” Trejo said.

The trial will resume at 9 a.m. Thursday in Thurston County Superior Court.

This story was originally published March 29, 2017 at 4:24 PM with the headline "Opening statements completed, testimony begins in Thompson and Chaplin trial."