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When “If Released” Comes True


It all started with allegedly stealing a can of beer.  Now, Timothy Timmons is facing charges related to assaulting two Auburn police officers and stealing a truck.

Assault in the Third Degree
Officer Mabis of APD was at Fred Meyers October 18th following up on an investigation when a store employee informed him of a recent shoplifting incident of Modelo beer.  The store employee provided the officer with a description of the individual believed to have stolen the beer.


According to the certification for determination of probable cause, Mabis was able to view the store’s security cameras as he waited in the loss prevention office and “observed a male that closely resembled the [individual described to him].  Ofc. Mabis observed the male smoking and drinking from a can that appeared to be a Modelo beer can.”

At this time, Mabis contacted a fellow officer, McNabb, and requested he meet him at the store’s front entry.  Mabis located the male he witnessed on the store’s cameras, identified as Timmons.  According to the certification for determination of probable cause, Timmons was sitting on a bench near the store with an opened can of Modelo beer at his feet. buffy beer, want beer

“Having already witnessed Timmons drinking the beer [Mabis] believed he had probable cause to arrest him for consuming liquor in a public place ([RCW] 66.44.100) and reasonable suspicion that Timmons was the person that had shoplifted from the Fred Meyer,” states the certification for determination of probable cause.

The certification for determination of probable cause describes that when Mabis informed Timmons he could not drink in public, he made motion to take another drink.  Mabis took hold of Timmons’ wrist, instructing him to put the beer down.  After crushing the beer Timmons lunged at Mabis and punched him in the face.


McNabb arrived just after Timmons’ alleged assault.  According to the certification for determination of probable cause, Timmons continued to take assaultive actions, while actively resisting arrest.  Mabis struck Timmons twice in an effort to subdue him.  After the second strike, Timmons verbally alerted he was ‘giving up,’ and was able to be placed in handcuffs.

While walking him to the patrol vehicle, “McNabb had to let go of his control and walk behind and to the left of Timmons due to the size of the sidewalk and lack of room. Timmons used this point to kick back and up at Officer McNabb, delivering a kick to the Officer’s groin,” states certification for determination of probable cause.

The Valley Regional Fire Authority aid crews were called to the scene to confirm Timmons was not rendered unconscious.  The certification for determination of probable cause states that Timmons was “verbally abusive and had no problems breathing or speaking.”


Released on His Own Recognizance
Timmons went before Judge Lisa Paglisotti the following day.  Probable cause was found for Assault In The Third Degree.  According to the state’s case filing, prosecutors “requested bail to be set at $10,000 due to the violent nature of this case.”  The state’s request was denied and Judge Paglisotti “released the defendant on his personal recognizance.” judge, court

The pre-release interview report provided to the court indicates Timmons is currently homeless, living off and on with friends and his father in Arizona and has received mail in Auburn for three years.  According to the report, Timmons indicated he has been working at Labor Works Temporary Employment Services for two-weeks. The screener conducting the interview could not reach the references provided by Timmons.

The report provides a brief summary of Timmons’ criminal history, including a 2017 conviction for Assault in the Second Degree with a Deadly Weapon and two King County bookings in 2018.

Additional notes from the interviewer on the report included “[Timmons] states he has tried substance abuse treatment many times, completed the program once, [but it] did not work for him. [He] currently uses alcohol, heroin, marijuana and methamphetamine and [is] diagnosed with anxiety, bi-polar, depressions, PTSD [and is] currently taking no medication.”

The interviewer did not recommend pretrial release.

Timmons was released October 19th with pretrial release conditions that he does not possess weapons, alcohol, non-prescription drugs and/or marijuana.  He also was to have no contact with Mabis.  His hearing was scheduled for October 23rd.

Theft Of Motor Vehicle
However, Timmons was before a judge sooner than the 23rd.  The day after being released on personal recognizance by Judge Paglisotti, Timmons was arrested for allegedly stealing a truck.

1997 toyota tacoma
Not actual truck

Officer Cordova was dispatched to an auto theft call just after 9:00am October 20th.  According to the certification for determination of probable cause, the homeowner was preparing to leave and started his truck.  He then “realized he had forgotten something inside of his residence. [The homeowner] quickly returned to his house to retrieve the item and when he returned to his vehicle he noticed an unknown male subject entering his Toyota.”

The unknown male was later identified as Timmons.  The truck owner told police he witnessed Timmons near his residence prior to the theft.  According to the owner’s recount, Timmons closed and locked the truck door.  He was unable to open the door prior to Timmons locking it.  Before Timmons backed out of his driveway, the truck owner was able “to get a clear and unobstructed view of [Timmons] as he was face to face with him at the driver’s door,” states the certification for determination of probable cause.

The owner’s brother located the stolen truck on his way into Auburn.  He witnessed it parked in a church parking lot, with a man he did not know standing near it.  That man would later be identified as Timmons.  Without confronting Timmons, the owner’s brother entered the parking lot and parked near the truck.  Timmons then left the parking lot.

Dispatch relayed this information to Cordova.  He and fellow officers were able to locate and follow the stolen truck.  Timmons was able to evade officers by using traffic while maneuvering throughout the city.

The truck was found abandoned a short time later by the owner and his brother, with the keys missing.  Cordova noted a subject near the location of the abandoned vehicle that fit the thief’s description. He and fellow officers attempted to detain Timmons, who quickly gave chase.  A K9 officer was requested to assist in Timmons’ apprehension.

Officers tracked Timmons to the Fred Meyer parking lot.  After confirming Timmons was not inside the store, officers witnessed an individual fitting his description jogging across the street.  Timmons again ran instead of going to the officers upon their command.  Cordova and Kent PD K9 Officer Gorforth pursued Timmons on foot.  He was captured after a K9 application.

When searching Timmons, Cordova located documents among his possessions, including “his King County Court conditional release paperwork for two counts of Assault 3rd Degree from assaulting two Auburn Police Officers on Friday 10-18-19,” states the certification for determination of probable cause.

Timmons went before the court October 21st.  Probable cause was found for Theft Of Motor Vehicle. Timmons’ conditional release of a surety bond or posting cash bail in the amount of $2,500 was set by Pro Tem Judge Zuanich.

“Likely to Commit Additional Crimes”

“We are obviously disappointed anytime someone is released back into the community after probable cause has been found to hold them. Especially when they immediately commit a new crime in the same community they just victimized,” said Auburn Police Commander Dan O’Neil.   “At the same time, we recognize that we are only one component of the criminal justice system. We will continue doing our job professionally and remain committed to keeping our community safe.”

Judge Paglisotti did not respond to multiple requests for comment.

The state requested Timmons’ bail remain, stating “ The defendant will likely commit additional crimes if he is released on this case, as evidenced by his unwillingness to have law-abiding behavior when released on his Assault in the Third Degree case.”

Timmons has pleaded not guilty to all charges.  Judge Chad Allred denied Timmons’ motion to reduce bail or release him on his own recognizance. He reaffirmed Timmons’ bail of $2,500 for both charges.  His next hearing is scheduled for November 18th. Timmons remains in custody at the King County Jail in Kent.

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One Comment

  1. Donna Foxley Donna Foxley November 13, 2019

    Excellent article on a very challenging subject that needs to be discussed and addressed.

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