Two convictions overturned for former Bellingham police officer sent to prison
A former Bellingham police officer who was sent to prison for less than a decade for a years-long pattern of domestic violence abuse of a woman known to him had two of his convictions overturned.
The Washington State Court of Appeals Division 1 overturned former Cpl. Brooks Owen Laughlin’s convictions for one count of felony stalking and one count of misdemeanor harassment Dec. 7, according to court records. The appeals court upheld Laughlin’s seven other convictions for three counts of felony second-degree assault, one count of felony harassment, two counts of misdemeanor violation of a no-contact order and one count of misdemeanor fourth-degree assault, court records show.
The appeals court also upheld the 11-year no-contact order between Laughlin, 35, and the woman’s family, but vacated the 25-year no-contact order between Laughlin and the woman because it exceeds the statutory maximum allowed for Laughlin’s convictions, the appellate court records state.
Both Laughlin and the Whatcom County Prosecuting Attorney’s Office have 30 days to appeal the decision to the Washington State Supreme Court for review. If an appeal to the state Supreme Court does not happen, or the court declines to review the case, Laughlin will be resentenced on the seven convictions the appeals court upheld.
Laughlin was sentenced to eight years in prison in Dec. 2018, with three years probation. He was required to complete mental health and domestic violence treatment and is prohibited from owning firearms. A jury found Laughlin guilty on Nov. 13, 2018, of nine charges relating to the pattern of domestic violence abuse.
The jury also determined aggravating factors that stated Laughlin’s conduct was part of an ongoing pattern of abuse manifested by physical incidents over a prolonged period of time, that some of the abuse took place in front of his children from a previous marriage and that he acted with deliberate cruelty toward the victim.
The Bellingham Herald does not typically identify victims of domestic violence or sexual assault.
In his appeal, Laughlin argued that there was insufficient evidence to prove he “repeatedly followed” the woman as it related to the felony stalking conviction because “Laughlin did not maintain ‘physical or visual proximity’ to” the woman, court records state. In order to find Laughlin guilty of felony stalking, the jury had to find that Laughlin “intentionally and repeatedly harassed,” or “repeatedly followed” another person. State law defines “follows” as “maintaining visual or physical proximity,” the court records state.
While the prosecution presented evidence that Laughlin electronically tracked the woman through her phone’s GPS system and argued this meant he maintained visual or physical proximity, the appellate court ruled that there is no legal authority or dictionary definition that supports that interpretation.
“We thus conclude that the State did not prove beyond a reasonable doubt that Laughlin maintained visual or physical proximity to (the woman),” the court records state.
In overturning Laughlin’s misdemeanor harassment conviction, the appellate court ruled that there is insufficient evidence for a rational jury to find that Laughlin threatened to damage the woman’s property or subject her to physical confinement or restraint during the relevant time period — two of the four items that must be proven in order for a jury to convict Laughlin of misdemeanor harassment. The prosecution conceded that there was insufficient evidence in its cross-appeal, the court records state.
History of violence
Laughlin resigned from duty April 20, 2018, according to Bellingham Police Chief David Doll. Laughlin was previously put on paid administrative leave on Feb. 14, 2018, four days after his first arrest on Feb. 10, 2018. Laughlin was arrested again a month later on March 27, 2018, after the woman disclosed violations of a no-contact order and the abuse to police.
Laughlin had been with the Bellingham Police Department for 13 years and was promoted to corporal on Jan. 9, 2018.
The Bellingham Police Department had known about Laughlin’s history of domestic violence since at least January 2017, but some sheriff’s deputies and the woman’s family have had concerns about Laughlin’s conduct since 2015, according to records obtained by The Bellingham Herald.
The City of Bellingham also approved the payment of a $175,000 settlement in February 2020 to a man who filed a federal lawsuit alleging Laughlin used excessive force during an arrest and that the department had a policy of tolerating violent officers.
Laughlin was the third Bellingham police officer in as many years to be arrested for assaultive behavior.
Resources
If you or someone you know is experiencing domestic violence or sexual assault, you can contact the following local resources for free, confidential support:
▪ Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.
▪ Lummi Victims of Crime: 360-312-2015.
▪ Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.
▪ WWU Consultation and Sexual Assault Support Survivor Advocacy Services: 360-650-3700 or wp.wwu.edu/sexualviolence/.
