Tri-Cities judge will go to trial in August on domestic assault charges. What we know

A Tri-City judge facing domestic violence charges is expected to go to trial in August, with pretrial motions set for July 22.

Judge Sam Swanberg, a Benton-Franklin superior court judge, faces two counts of domestic violence assault — a gross misdemeanor. His trial is currently set for Aug. 8.

The attorneys and Yakima County District Court Judge Donald Engel set the schedule during a Thursday afternoon hearing.

The prosecutor handling the case and Swanberg’s defense attorney, Scott Johnson, have until July 14 to file pretrial motions.

Swanberg’s attorney has said he plans to argue Swanberg acted in self-defense.

Swanberg’s legal troubles

Allegations of abuse came out in January when Swanberg’s ex-wife, Stephanie Barnard, filed a declaration as part of Swanberg’s ex-girlfriend’s request for a no-contact order for harassment.

The ex-girlfriend, Sila Salas, dated Swanberg for about five months while she was working at the Franklin County Clerk’s Office. She said he refused to accept the relationship had ended in November, and sent her several messages and tried to talk with her.

Barnard’s declaration in support of Salas claimed three decades of abuse, and included pictures of him dragging her out of a room and a photo of a bruise.

The photos and declaration led Franklin County deputies to investigate the alleged February 2021 confrontations at Barnard’s home just outside of Pasco.

The charges are related to two incidents. In one, he allegedly pushed Barnard hard enough to leave a bruise.

In the second, he is accused of pushing Barnard to the ground and dragging her by the ankles after he got angry about her taking photos of new items he had purchased while they were separated and he was staying in a downstairs room in the home. She told investigators she was able to get pictures as he dragged her.

A protection order is in place for Barnard until January 2024. That may change depending on the outcome of the case.

Swanberg and Johnson have both held that the superior court judge acted in self-defense. They have released portions of conversations from text messages with one of Swanberg and Barnard’s daughters and a conversation with a friend, as well as a 13-second video of a separate argument that day at a storage unit that they believe shows Barnard was the aggressor.

Johnson previously questioned why Barnard continued to support Swanberg as he ran for elected office. He speculated she was upset about finding out Swanberg was dating a much younger woman.

To avoid a conflict of interest with other Tri-Cities judges, Swanberg’s case is being handled by Engel.

While the attorneys will be in court July 22, Swanberg said he will be attending remotely. He said Thursday that he will be on vacation during that week.

Absent from the bench

Swanberg has not been handling court cases in Benton and Franklin counties since January.

The judge said in early January that he has no intention of stepping down, but pending the outcome of his legal troubles, the other judges voted to remove him from his courtroom duties.

Swanberg is one of seven Superior Court judges and three court commissioners who handle civil and felony criminal cases, divorces, paternity and custody issues in the two counties.

He oversees cases in Benton and Franklin counties, including Kennewick, Richland and Pasco. He has been on the bench for about four years.

While Swanberg is heading toward a trial, Barnard is looking to secure a seat in the state House of Representatives. She is seeking to replace Rep. Brad Klippert, R-Kennewick.

The next hearing will take place after ballots have gone out for mail in voting in the August primary election.

This story was originally published July 8, 2022 at 10:51 AM with the headline "Tri-Cities judge will go to trial in August on domestic assault charges. What we know."