Prosecutors charge Thurston County man accused of harassing attorney, assaulting deputies
A 26-year-old Thurston County man accused of assaulting deputies is being held in the county jail in lieu of $50,000 bail.
Garett Francis Merlino attended his preliminary appearance in Thurston County Superior Court on Wednesday.
Deputies arrested him Tuesday after investigating threats he made against a public defense attorney. The arrest occurred outside of his home on the 4400 block of 65th Avenue Northeast, which is off Johnson Point Road, according to court records.
In a Facebook post, Sheriff Derek Sanders said Merlino “became combative” when deputies contacted him and injured two deputies.
The two deputies and Merlino were treated at an area hospital and subsequently discharged, Sheriff’s Lt. Mike Brooks told The Olympian on Wednesday. Deputies then booked Merlino into the county jail.
Visiting Superior Court judge Jennifer Forbes of Kitsap County oversaw Merlino’s preliminary appearance Wednesday, set after several local judges recused themselves from the case.
Forbes set the bail amount after finding probable cause for six crimes: felony harassment-threat to kill, four counts of third-degree assault and resisting arrest. Notably, Forbes declined to find probable cause for a stalking allegation.
She did bar Merlino from contacting four deputies and the defense attorney he allegedly harassed.
On Friday, the Prosecuting Attorney’s Office charged Merlino with the same six crimes but added a seventh: felony harassment-criminal justice participant.
The two felony harassment charges apply different legal theories for the same crime.
Court records indicate Merlino has no prior criminal convictions. However, he does have an open burglary and assault case pending in King County Superior Court.
Merlino is due back in court for his arraignment hearing on May 22.
What led to the fight on Tuesday?
A probable cause statement describes the investigation into Merlino from the perspective of law enforcement.
On Tuesday, a deputy responded to a report of Merlino making death threats against the attorney.
Merlino allegedly sent the attorney numerous text messages in which he wrote about being illegally harassed and wanting to “press charges” against the police and judges who were involved in a previously dismissed case.
He described killing police and repeatedly used a racial slur. He eventually threatened to kill the attorney.
Based on the information he gathered, the deputy established probable cause to arrest Merlino for felony harassment-threat to kill.
That same day, Merlino called the deputy to say he believed he was unlawfully arrested in 2022 and wanted to file charges against numerous law enforcement officers.
The deputy arranged to have back up when he met with Merlino at his home. The deputies initially heard his complaints and then informed him he was under arrest.
Merlino allegedly “became irate” when a deputy grabbed his wrist. He pulled away and began swinging his hands “wildly.” He then started screaming and said he would fight them if they came closer.
More deputies then arrived on the scene. Merlino became “extremely agitated” when he saw one of the deputies and called the deputy a racial slur.
The deputy deployed a bola wrap to prevent Merlino from fighting or fleeing. The deputies then rushed in to arrest him.
Merlino took a fighting stance and swung at deputies as they approached. He then punched and scratched them as they took him to the ground.
The deputies eventually managed to get Merlino into restraints and placed him in a patrol car.
Firefighters responded to the scene to evaluate Merlino and the deputies. Two of the deputies were transported to an area emergency room for treatment.
After being cleared by firefighters, Merlino was taken to an area hospital for a medical evaluation before being booked into the county jail.
This story was originally published May 19, 2025 at 5:00 AM.
