Serving Lincoln County for more than a century!
Serving Lincoln County for more than a century!
Former Lincoln County Sheriff Wade Magers exits District Court after his sentence Wednesday, Aug. 24.
DAVENPORT-Former Lincoln County Sheriff Wade Magers pleaded guilty to one misdemeanor count of third-degree criminal assistance and was ordered to complete 40 hours of community service by Garfield County District Court Judge Thomas W. Cox Wednesday, Aug. 24, concluding an 18-month saga stemming from a Feb. 2021 incident involving Magers and his son, Colton W. Magers.
Wade Magers' official sentence was 90 days in jail and a $1,000 fine, all of which was suspended by the presiding judge upon completion of community service in an agreed-to recommendation by the state and defense.
The court dismissed previous charges of obstructing a law enforcement officer and making a false statement to a public servant upon the state's recommendation in the plea agreement.
Magers tried to prevent his son from receiving DUI charges following a one-car crash on Feb. 11, 2021.
Franklin County Deputy Prosecuting Attorney Taylor Clark represented the state and presented Cox with the state's recommendation, which came in a previous agreement with the defense.
"All (jail) time should be suspended on the condition he completes 40 hours of community service," Clark said. "We are not asking for any fines, just mandatory court costs."
After Cox read Magers his rights and statement of a guilty plea, he asked the former Sheriff how he pleaded to the charge of third-degree criminal assistance.
"Guilty," Magers replied.
Cox then said he found Magers guilty on the charge and proceeded to sentencing, asking first for the state's recommendation.
"His choices were to put his reputation above his ethical responsibilities as a law enforcement officer and an elected official," Clark said.
Clark said her office received "countless" letters of support for Magers, including some asking for all charges to be dismissed, to "go easy" on him or to consider his years of law enforcement service.
"However, it's that lengthy service as a law enforcement officer that makes this case all the more egregious," Clark said. "Mr. Magers knew more than most how his words and actions that night would impact this investigation, that his deputies would take him at his word, lied about where his son was, lied about knowing his son was in the next room, telling the deputy his son may be at one of the local hospitals...the agreed resolution has been heavily negotiated over the last several months and I think it's clear that this guilty plea carries more impact than just his plea."
Magers' defense attorney, Spokane-based Bevan Maxey, asked Cox to consider the longtime lawman's record of service when carrying out a sentence before recommending the court consider the agreed-to sentence.
"He's been a part of this community most of his life. He's dedicated that time to serving this community, and I think that's apparent from the letters you received," Maxey said. "He's dedicated himself to this community...just as importantly, he's dedicated to his family as well. The court can see that this rises out of family considerations."
"I ask the court to consider...lengthy years of service as well," Maxey added. "Needless to say, he has no criminal history."
Cox then asked a tearful Magers if he had any statement.
"I would like to apologize," Magers said. "I had my dad hat on instead of my sheriff hat on."
"That was plain through the reports and everything I've received," Cox said before saying he would agree to the sentencing recommendation.
Cox then gave his statement to Magers, which is printed below. He told Magers he needed to complete his 40 hours of community service in 90 days with the two-year deferred sentence, but the defense asked for that to be increased to a year, which the court agreed to.
"At this time, that's all I'm going to do," Cox said. "I think the rest played out in your community. Now you're going to have to deal with that."
Statement from Judge Thomas W. Cox to Wade Magers
Mr. Magers, as Mr. Maxey knows I've been a criminal defense lawyer for many, many years before putting on this robe. We have special knowledge of the laws, and so do you. This is not a "should've known." This is a "you did know" that this was wrong.
The actual hurt is probably to the community. You lost your job, or are not continuing in your occupation. Your reputation in your community is going to have to weather this, because as a law enforcement official, you're sworn to protect and serve the people in your community from people who break laws like this. For you yourself to actually break those laws knowingly is bothersome.
I read several support letters and I understand you're a good, good person. You're a good family man, good father, husband. You should've known better. What were you thinking? It's disheartening to see someone in your position actually do something like this.
I know you're going to weather that storm for probably the rest of your life based on where you're at now as far as your future goes. I understand that, and that's why I'm going to follow the recommendation.
I know you put on your dad hat, but you can't do that in your position. I can't. You can't. It's just not allowed. And here we are in court. I wish we weren't, Mr. Magers. I wish this had not occurred because it doesn't do anybody any good and here we are changing your life quite a bit.
Drew Lawson is the former managing editor of the Davenport Times and a graduate of Eastern Washington University.
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