Amid allegations that he destroyed public property and comment on the matter that prompted an angry walkout from a public meeting, Sumner Councilman Randy Hynek still received public support for his innocence of vandalism and quality as a city legislator.

City police were led to Hynek’s doorstep early in December following an investigation into the unauthorized cutting of trees by the White River.

The trees in question were 40 cottonwoods, 22 firs and one cedar planted in the latter half of the last decade, to mitigate development near 24th Street East. Walnut trees requested and cared for by Hynek were left standing. Additionally, fellow elected officials and city employees interviewed by police claimed Hynek had indicated he planned to thin growth in the area to allow the walnut trees to grow, and had checked out equipment capable of doing so in proximate time to the incident.

Former councilman Leroy Goff, Mayor Dave Enslow, Parks Supervisor Warren Peloli and Associate Planner Eric Mendenhall each claimed Hynek had either stated he was in the process of cutting cottonwoods or that he planned to thin the growth around his walnut trees to allow them to grow.

“Peloli advised detective (Jason) Temple that he received a phone call from City of Sumner Councilman Hynek this previous Monday (Dec. 5),” wrote Detective Troy Nikolao in one of his police reports. “Peloli indicated that the conversation revolved around this forested buffer zone where we were presently located. According to Peloli, Hynek advised that he had downed some cottonwood trees to aid in the growth of the maple (walnut) trees and inquired if the Parks employees could mow in this area.”

Hynek denied, in police interviews and the Jan. 3 City Council meeting, that he committed an act of vandalism. He reasoned that forestry commission groups had, in the past, also cleared out cottonwood trees to allow surrounding vegetation to grow. Additionally, his clearing activities lacked the element of malicious mischief necessary to qualify as vandalism, he said.

Judicial procedure for handling destruction of city property is unique in two respects, compared to other crimes and civil infractions that might occur in city limits.

First, the primary end goal of justice in such matters is restorative, as opposed to strictly punitive. The city’s overriding goal is to repair the damage at minimal  cost to taxpayers, by claiming financial reparations from the destroyer.

“Even if the person is proven guilty of the damage in court, the City works with that person for reparation that makes sense,” wrote city Communications Director Carmen Palmer, in regard to the process. “For example, the young men who vandalized the City Cemetery did not have the funds to pay for the damage they caused, so the City offered that they could work off their debt… instead.”

Second, because the government becomes a vested party in property destruction cases, the city strives to avoid creating a monopoly on justice by bringing in independent parties.

Following its investigation of Hynek, the Sumner Police Department forwarded ran its police report by the assistant chief of Lakewood Police Department for peer review.

The documents were then forwarded to the Pierce County Prosecutor’s office to determine whether to pursue court proceedings.

No charges had been filed to the county Superior Court docket as of Jan. 13.

The Jan. 3 City Council meeting saw several citizens—some acquaintances of Hynek’s—speak out during public comment to support the councilman’s innocence.

“Christmas in Sumner is typically wonderful, and the Hynek gathering wasn’t so wonderful since we were really stressed out about the charges against Randy,” Kathy Hammad said. “I want to get my Christmas back, because it wasn’t a very nice Christmas this year.”

Hynek spoke out against the investigative procedure leading to the potential charges during council comment.

“Two weeks ago, I was contacted by a city official and told that if I did not admit to committing a felony act of vandalism, that they would take the matter to other authorities and I would be facing $30,000 to $60,000 in fines.

“I said, ‘Why should I admit to doing something I never did?’ The principal tenet of vandalism is malicious mischief or intent. I have hundreds of hours in that orchard grove, taking care of it. Number one: it was criminal conviction from day one.”

Hynek alleged that Mayor Enslow orchestrated the threat of a felony charge to have him removed from Council.

Enslow continued council comment: “Maybe I should just say for the record that’s one version of what happened, and there’s another, but it just doesn’t seem to me this is the place to-“

“This is exactly the place to talk,” Hynek interjected. “And I’m done for tonight because I’m not going to listen to one more lie out of your face.”

Mixed applause dotted his exit, and first-night councilman Mike LeMaster was left to make the transition with nervous laughter.

“I’ve been councilman for an hour,” he said, chuckling.