NEWS: Olympia councilman Hyer charged with three drug felonies

OLYMPIA – Olympia Councilman Joe Hyer told detectives after his arrest “that he did sell marijuana but only to his close friends,” according to court records filed in connection with the three felonies Hyer now faces in Thurston County Superior Court.

The Thurston County Prosecuting Attorney’s Office charged Hyer on Tuesday with two counts of unlawful delivery of a controlled substance and one count of possession of a controlled substance with intent to deliver, each a Class C felony.

All three of Hyer’s counts for allegedly selling marijuana are charged with potential “enhancements” for occurring within 1,000 feet of a school zone. The school zone enhancements could increase Hyer’s jail time if he is convicted.

Hyer, 37, was arrested at his Legion Way home Thursday night by detectives with the Thurston County Narcotics Task Force after a confidential informant wearing a wire purchased marijuana from Hyer twice during controlled buys over the past month, court papers state. Both of the controlled buys took place at Hyer’s home, according to court papers.

The allegation that Hyer might be involved in marijuana was brought to the attention of Thurston County Sheriff Dan Kimball more than a month ago, Kimball has said. Kimball refused to talk about the informant Tuesday, or say whether the informant is the same person who wore a wire and allegedly purchased marijuana from Hyer.

Hyer, who has no prior criminal record, faces a standard range of a zero- to six-month jail sentence for each count if convicted, plus a possible two-year school zone enhancement for each count. Prosecutors said Tuesday that it is likely that if Hyer was convicted of more than one count, any jail or prison term would run concurrent as opposed to consecutive. That means the potential jail time for Hyer will likely not accumulate if he is convicted of more than one count, and, in a worst-case scenario for Hyer, he would likely face a maximum two-year sentence.

Hyer’s attorney, Ken Valz, said Tuesday that the Thurston County prosecuting attorney has overcharged the case.

“It looks like the prosecutor’s office is going after a gnat with a baseball bat,” Valz said. “Hopefully the facts will come out over the next two weeks so that the public can judge whether or not this is a proper approach by law enforcement.”

Valz also declined to discuss the identity of the undercover informant.

Hyer’s arraignment is scheduled for March 9 in Thurston County Superior Court.

According to court papers filed Tuesday:

The informant told narcotics detectives that “he/she had the ability to purchase marijuana from Mr. Hyer.” Detectives listened in as Hyer named a price for the marijuana over the phone with the informant Feb. 4.

The informant went to Hyer’s home wearing a wire used to record their conversation, and purchased the prearranged amount of marijuana from him.

On Feb. 11, the informant called Hyer again to arrange for another marijuana purchase. “Mr. Hyer inquired if the informant wanted the same amount of marijuana, or if the informant wanted to double the previous amount.”

As detectives conducted surveillance in the area of Hyer’s home, they thought they saw him smoking marijuana on his front porch.

When detectives arrested Hyer at his home Thursday night, detectives found 10 bags of marijuana and a marijuana plant. Hyer said he was trying to grow marijuana at his home but was unsuccessful, and only one plant had survived.

“Detectives also located $320 in U.S. currency in a container with some of the pre-packaged marijuana. Detectives later determined that one of the $20 bills located was a pre-recorded bill used by the informant to purchase marijuana.”

Detectives also found a digital scale in the home.

After being read his Miranda rights, Hyer spoke to detectives, stating he only sold marijuana to close friends. He said that received money in exchange for the marijuana.

A man staying at the home also was interviewed by detectives, but deputy prosecuting attorney Scott Jackson said Tuesday that the young man is not a suspect in the case and that no charges are expected to be filed against him. The man told detectives he had lived at the home for about one month, and he received free room and board “for cleaning the house and doing chores around the residence for Joseph Hyer and his partner.”

The man said he was aware Hyer sold marijuana to close friends, but “declined to give a statement because he did not want Mr. Hyer to get in any additional trouble.”

Hyer’s home on Legion Way is within 1,000 feet of two schools, Avanti High School and Madison Elementary School.

During an interview at the courthouse Tuesday, Jackson said he will never reveal the identity of the individual who initially contacted the Sheriff’s Office with the information that Hyer was involved with marijuana. As for the confidential informant who allegedly purchased marijuana from Hyer, Jackson said that if Hyer’s case goes to trial, the informant would be named as a witness in court records, and he or she would have to appear in court and give a name in order to testify.

Jackson, who was in a trial all day Tuesday, said outside court that he did not have at hand a specific total weight of the amount of marijuana seized from Hyer’s home, or allegedly purchased by the confidential informant. But Jackson said the weight of the marijuana in question does not affect Hyer’s charges, because the charges of selling or intending to sell marijuana are Class C felonies regardless of the quantity.

Hyer co-owns two downtown Olympia businesses, The Alpine Experience and Olympic Outfitters, both outdoors sporting goods stores. Before his recent criminal case, Hyer had been the top choice of the Thurston County Democrats’ executive committee for county treasurer. He has served as an Olympia city councilman since 2004.

According to Hyer’s Web site for election to the Olympia City Council, he is a 1991 graduate of Tumwater High School and a 1994 graduate of Pacific University in Oregon. He worked for nine summers as a summer camp staff member for the Boy Scouts, according to the Web site.

Hyer posted bail from the Thurston County Jail on Thursday night after his arrest. On Friday, he announced that he was taking a leave of absence from the City Council.

Valz said on Tuesday that Hyer is doing OK, given his circumstances.

“Joe seems to be keeping himself together,” Valz said. “He’s a nice guy, and a lot of people are wishing him the best.”

Source: The Olympian