Judge who called Black man killed by Washington deputies ‘so dumb’ apologizes

A Washington judge who called a Black man killed by deputies “so dumb” has apologized and said he is taking “some time off to reflect.”

Clark County District Court Judge Darvin Zimmerman made his comments March 9 over a hot-mic in an empty courtroom, according to The Columbian.

Zimmerman’s colleagues condemned him for his derogatory comments about Kevin Peterson Jr., who was shot and killed on Oct. 29 during a drug sting by Clark County deputies in Hazel Dell, Washington.

“I deeply regret my statements which caused divisiveness and concern in the community that I love and serve,” Zimmerman said in his statement, emailed to McClatchy by his attorney, Josephine Townsend.

The video originated from a YouTube livestream of the empty courtroom following Zimmerman’s morning docket, The Columbian reported. It was removed from the district court’s YouTube page later that night, which is a standard practice, according to the newspaper.

Zimmerman was speaking to Abigail Bartlett, a Clark County District Court Commissioner, in the empty courtroom, where he called Peterson, 21, of Camas, “the Black guy they were trying to make an angel out of,” The Oregonian reported.

He said Peterson had a “death wish” and was “so dumb” for worrying he would be sentenced to a lifetime in prison, according to The Columbian.

“He was so dumb ... he thought he was going to go to prison for life, you know, for one deal,” said Zimmerman, according to a transcript obtained by The Columbian.

Still speaking to Bartlett, Zimmerman also questioned the motive’s of Peterson’s father, Kevin Peterson Sr., according to the video.

“The next day, he wakes up with dollar signs in his eyes and George Floyd’s attorneys had already contacted him,” said Zimmerman, according to The Columbian.

‘Zero tolerance for racism’

Five judges from the district court released a statement Monday, saying “the views of Judge Darvin Zimmerman do not reflect the values of our court nor us as individual judges.”

“Clark County District Court has zero tolerance for racism ... Racial bias displayed by a judge is unacceptable, unethical, unjust and cannot be tolerated,” the statement reads. “We denounce all forms of racism and will not allow racial bias to pervade our courtrooms.”

Tony Golik, the Clark County prosecutor, told The Columbian he has taken immediate action to disqualify Zimmerman from serving in criminal proceedings.

“After reviewing the recording and discussing it within our office and reviewing the statement by the District Court judges, we determined, at this point, it’s appropriate to seek to disqualify Judge Zimmerman on criminal cases that we file,” said Golik, according to the newspaper.

New Mark Lindquist, who represents Peterson’s family, sent a statement to McClatchy News via email:

“First, the judge shows a shocking lack of empathy for a grieving family. Second, the bias and gossip mongering of the judge undermines the judiciary. We all know judges have biases, but we expect them to rise above those biases with wisdom and compassion.”

Judge’s son worked on Peterson case

Zimmerman’s son Erik, a Clark County Sheriff’s deputy, worked on the Peterson case and was present at the drug sting that ended with the shooting of Peterson, according to Oregon Public Broadcasting. Erik Zimmerman was not one of the three deputies who fatally shot Peterson, the radio station reported.

Judge Zimmerman acknowledged in his statement that his son’s involvement may have impacted his judgment.

“In that moment, after court, in a private conversation, I was speaking as a father … My concerns as a father do not excuse the fact that my comments caused an already volatile community to again become divisive. I am very sorry for that,” he said.

The judge self-reported his comments to “the commission that oversees my actions as a jurist and will fully cooperate with their investigation,” according to his statement.

“I do understand that even my personal comments, when made public — bring about an outcry of concern because I am a judicial officer ... I recognize the injustice that befalls men and women of color.”

Kevin Peterson Jr. was considered a suspect in a drug trafficking investigation, according to KOIN. While deputies attempted to initiate a sting operation, three officers shot at Peterson 34 times because they say they saw him pull out a gun, The Oregonian reported.

Deputies tried to render first aid but Peterson died at the scene, according to the newspaper.

This story was originally published March 17, 2021 at 3:44 PM with the headline "Judge who called Black man killed by Washington deputies ‘so dumb’ apologizes."