No decision yet by prosecutor on whether to charge Harvey’s employee with malicious harassment

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The suspect left, at the door with the baseball bat, as captured on surveillance footage. (Photo from Edmonds police report)

A decision has not yet been made whether to formally charge a 45-year-old Lynnwood woman with malicious harassment for threatening two Edmonds teens who were taking photos for a school project near Harvey’s Lounge in February.

The Snohomish County Prosecutor’s Office said April 11 that the case filed by Edmonds police is pending, with no timetable on when a decision will be made on charging the suspect.

The Lynnwood woman, an employee of Harvey’s, was arrested Feb. 14 on charges of malicious harassment in connection with racially motivated threats involving the two African American teenagers. The suspect is not being named because she has not been charged in court.

The event occurred Feb. 4 outside of the lounge, located in the 21100 block of Highway 99, Edmonds.

Police charging documents filed with the prosecutor’s office included a statement by one of the victims, an 18-year-old man — who said he feared for his safety after a woman from Harvey’s carrying a baseball bat threatened him and his 14-year-old sister, using a racial slur.

The 18-year-old said that he was afraid that “he would be seriously beaten up with the bat,” the police report said, and “felt he could have been another ‘Trayvon Martin.” Martin was a 17-year-old black teen killed in 2012 by a neighborhood watch volunteer in Florida.

The two teens interviewed at their home following the incident told police that they were taking pictures for a school project in the parking lot outside the Jack in the Box, located next door to Harvey’s, when a man came out of the bar and told them to leave.

The older teen discovered later that his wallet was missing and so he returned to look for it. He said he then saw a woman appear outside Harvey’s holding a baseball bat, and heard her say to him and his sister, “We want you n-word off the property.”

At first, the suspect told police she didn’t speak to the teens. Later, she admitted telling them to stay off the property, but denied using a racial slur. She told police that she was holding the bat to intimidate a customer who had just arrived.

However, police said the suspect’s actions on surveillance video — during which she swung the bat up and then brought it down to her side — contradicted what she originally said.

The suspect “maliciously and intentionally” committed malicious harassment because she specifically threatened the two teens “due to their race,” the report concluded. The suspect’s use of the baseball bat combined with the racial slur placed the older teen “in reasonable fear of harm,” the report added. The teens “believed harm was imminent if they didn’t get back into their car and drive away,” police said.

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