Thurston Co. prosecutor recuses office from boater assault case due to conflict
Thurston County Prosecuting Attorney Jon Tunheim has recused his office from prosecuting a boater who seriously injured a man near the Boston Harbor Marina May 3.
Justin James Erickson, 51, is accused of crashing his 25-foot boat into a 10-foot boat occupied by five people and seriously injuring one of them.
Thurston County Superior Court Judge Mary Sue Wilson found probable cause for assault by watercraft and ordered Erickson be released without bail but with conditions, The Olympian previously reported. Prosecutors had until 5 p.m. Wednesday to charge him or else those conditions would expire. The deadline came and went, and no charges have been filed as of Friday afternoon.
“Our office had a conflict with the Erickson case as (Prosecuting Attorney) Jon Tunheim and others in the office know the defendant from the community,” Christy Peters, chief of staff for the Thurston County Prosecuting Attorney’s Office told The Olympian in an emailed statement. “Pierce County has been appointed to handle the case.”
When reached for comment, Tunheim said he’s known Erickson for about 20 years and Erickson has previously supported his campaigns for Prosecuting Attorney. They first met when they both served on the board of Big Brothers Big Sisters of Southwest Washington, he said.
“I’ve also had meetings and social contacts with him on a few occasions in my role as a board member for Leadership Thurston County,” Tunheim said. “Finally, my wife and I co-own a business together, which my wife operates, and that business was a past customer of Harbor Foods.”
Erickson is listed as the Chief Executive Officer of Harbor Foods Group, according to the company website.
Tunheim said his office employs many deputy prosecutors who do not know Erickson and could possibly handle the case. However, he felt strongly that there could still be an appearance of a conflict if anyone in his office was involved with the case.
“Given the public interest in this case, I felt it was important for me and my office to avoid even that appearance,” Tunheim said. “In my view, it is important for the public to know that Mr. Erickson’s case will be handled in a fair and objective manner by an independent prosecutor who does not know him.”
Erickson was expected to attend his arraignment hearing Friday afternoon in Thurston County Superior Court, but an arraignment can’t happen without charges being filed.
Adam Faber, spokesperson for the Pierce County Prosecuting Attorney’s Office, confirmed that prosecutors have opted not to file charges for now. They’re still reviewing the case.
“We have asked for some additional follow-up investigation by law enforcement,” Faber said.
Faber said he did not know the specifics of the Thurston County Prosecuting Attorney’s Office conflict, but maintained that the Pierce County office does not have a conflict.
In a Facebook post May 3, Thurston County Sheriff Derek Sanders alleged the larger boat continued on from the scene of the collision and returned a short time later.
Witnesses told investigators Erickson was speeding and boating recklessly, according to court records. When asked about the collision, Erickson allegedly refused a breath test and told investigators that he initially thought he struck a log.
The injured man’s family identified him to King 5 this week as a 21-year-old Olympia man named Jack Edwards. They also identified Edwards on a GoFundMe site. The fundraiser has collected more than $26,200 in donations for his medical expenses as of Friday afternoon.
The Olympian asked Christopher John Coker, the attorney representing Erickson, to comment on the allegations. In response, Coker shared a statement from Erickson.
“My heart is with Jack and everyone affected by this tragic accident,” Erickson said. “I’m keeping them and their loved ones in my thoughts and remain hopeful for a full and timely recovery. This has been an incredibly difficult time for everyone involved. Out of respect for their privacy, I will not speculate or comment beyond the information shared by local authorities. Right now, my focus is simply on supporting those affected with compassion, care and respect during this difficult time.”
Edwards will need several surgeries as well as “months and months of recovery,” the GoFundMe description states.
First responders transported the injured man to Providence St. Peter Hospital in Olympia, but he was later taken to Harborview Medical Center in Seattle, court records show. He reportedly suffered a broken elbow, scapula (shoulder blade), femur and large lacerations to his back.
“We are truly blessed that Jack is still alive,” the GoFundMe reads. “A couple of more inches and his head would have taken the hit. Jack does not swim very well but managed to tread with his serious injuries until another boater got to him before he went under.”
The Olympian has requested the police report and related documents from the Thurston County Sheriff’s Office investigation.
Editor’s note: This article has been updated with a statement from Justin James Erickson.
This story was originally published May 8, 2026 at 3:02 PM.
