Newspaper carrier testifies no threat to ‘take out’ sheriff. State’s last witness up next

The intensity of Pierce County Sheriff Ed Troyer’s criminal trial reached its highest point yet on Tuesday with contentious motions from attorneys and testimony from the newspaper carrier at the center of the case stretching late into the afternoon, scrapping prosecutors’ plans to rest their case.

Sedrick Altheimer, 26, testified repeatedly during several hours of questioning that he never threatened Troyer when he confronted the sheriff for following him on his paper route on Jan. 27, 2021. He also said he didn’t use the phrase “take you out” during the interaction, which defense attorneys alleged Troyer heard as a deadly threat that prompted him to request a police response.

Troyer’s misdemeanor charges of false reporting and making a false or misleading statement to a public servant each carry penalties of up to a year in jail and up to a $5,000 fine.

Nine witnesses, including dispatchers, Tacoma police, sheriff’s deputies and Altheimer’s employer, testified prior to the newspaper carrier.

After Altheimer stepped down from the stand, prosecutors had hoped to call Tacoma police officer Chad Lawless, who wrote the police report stating Troyer walked back his threat allegation. Instead, attorneys debated whether Troyer’s defense team should be allowed to question Lawless about invoking his Fifth Amendment right against self-incrimination during pretrial interviews.

Prosecutors from the state Attorney General’s Office argued the line of questioning could leave the jury with the impression Lawless was hiding information when he was just following the advice of his attorney. Defense lawyers asserted the information was important for jurors to weigh Lawless’ credibility.

A transcript of Lawless’ deposition filed in court showed the officer invoked the Fifth Amendment to nearly every question asked by attorneys. Lawless’ attorney cited the potential for criminal charges related to the officer’s handling of the Troyer incident and increased prosecutions of police in recent years. Jahns ordered Lawless to answer the questions anyways, ruling there was no real risk of prosecution.

On Tuesday afternoon, Jahns appeared to have decided in favor of the defense, but assistant attorney general Melanie Tratnik continued to argue her point that the defense wants to “to improperly argue that this detective was obstructing their investigation.”

Jahns countered that it would be “ridiculous” for jurors to believe such an assertion from defense lawyers if Lawless explained he was acting on his attorney’s advice.

“If it’s ridiculous, why is it relevant?” Tratnik asked.

Jahns decided to allow the prosecution to research legal precedent and file a briefing on the issue before proceedings resume on Wednesday morning.

Newspaper carrier testifies no threat

Altheimer told the jury he loaded his car with about 400 newspapers to deliver along his three routes on Jan. 27, 2021. Troyer’s northwest Tacoma neighborhood, added to his routes in 2019, was among the first stops.

The first time he passed by Troyer’s white Chevy Tahoe, Altheimer said, “I didn’t think nothing of it.”

Later on his route, he saw the same SUV parked near where he was delivering papers and grew concerned.

“I don’t know who he is, what his thoughts were,” said Altheimer.

Earlier in his testimony, he told the jury he was followed by civilians on his paper route twice before. In one instance, Altheimer recalled through tears how a van followed him and he called the police. In another, he said former County Council candidate Josh Harris stopped him along his route and “told me to get out of the neighborhood.”

Defense attorneys objected to Altheimer’s testimony about the incidents prior to his run-in with Troyer, but prosecutors noted that Troyer’s team asked that Harris and others be allowed to testify about encounters with Altheimer.

“The court granted their motion that this would come in, so here it is,” Tratnik said.

On the night in question, Altheimer said he confronted Troyer after seeing his Tahoe for a third time.

The newspaper carrier had gotten out of his car to deliver a newspaper and saw Troyers’ car coming down a hill toward him, Altheimer said.

“That’s where we had our first confrontation,” he said. Altheimer then motioned from the witness stand and said, “I had my hands out like this and I casually approached him.”

Altheimer said he recognized Troyer’s face but didn’t know who he was when the sheriff rolled down his window. The SUV was a couple arms’ lengths away.

“I proceeded to ask him why he’s following me, was he a cop?” he said. “And was it because I’m black?”

Altheimer said he suspected Troyer was a cop because he had seen an unmarked law enforcement SUV parked at his house before. He also remembered Troyer often had two white SUVs parked at his house.

“You notice and know a lot of things about the neighborhood,” Altheimer said.

Altheimer said the sheriff talked down to him like he didn’t know where he was. His voice was calm.

“He accused me of being a proch pirate. He just talked to me like a lost boy,” Altheimer said.

Altheimer said the conversation ended after he responded, “Congratulations,” to Troyer telling him the police were coming.

“I guess I was just being smart,” Altheimer said.

Altheimer said Troyer moved his SUV and tried to tell him to stop as he walked back to his car.

“It kind of alerted me like he was on me, like he wasn’t going to let this go,” Altheimer said.

Altheimer said he drove to another road where he had two deliveries and saw Troyer make “a U-turn in the middle of the street.”

Troyer and Altheimer parked nose-to-nose after the cars met in the middle of the street.

“I then took out my phone and started taking pictures of the SUV,” Altheimer said.

About seven minutes later, he said he heard the sound of tires rolling over gravel and saw bright lights.

“You know something is coming up on you, and it was the police,” Altheimer said.

Altheimer said officers approached his car with their guns drawn and he started ranting about the police response.

“I was afraid and frustrated,” Altheimer said.

He said he realized he had been interacting with the Pierce County sheriff once Tacoma police officers explained that was why they were at the scene. He said he didn’t believe Troyer’s report would be scrutinized based on what police told him.

“Blue protects blue,” Altheimer said of observing Troyer’s interaction with Tacoma police.

Defense attorneys objected to the question before Altheimer finished his answer.

About two hours after his encounter with Troyer, Altheimer said, he went to the sheriff’s house to deliver a newspaper.

“I’m kind of a smart A-S-S,” Altheimer said about throwing a paper in Troyer’s driveway. “I went back to let him know I was the newspaper delivery person in the neighborhood.”

Troyer’s team also questioned Altheimer about his $5 million tort claim against the county and subsequent federal lawsuit.

“I wanted a fair trial. I want fair justice,” Altheimer said. “I feel like he should be held accountable for wasting resources and lying.”

Altheimer refused to agree with defense attorney Anne Bremner’s characterization of his run-in with Troyer prior to police arriving as a “non-event.”

“Something did happen. I almost lost my life. For a lie,” Altheimer said.