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Thursday, November 29, 2007 - Page updated at 12:00 AM

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Police documents detail events that led to arrest of Councilmember McIver

Seattle Times staff reporter

The wife of Seattle City Councilmember Richard McIver told police she doesn't know what set her husband off the night he was arrested in October for alleged domestic violence, according to police documents released Wednesday.

McIver had spent the evening drinking with friends and was getting ready for bed when she reminded him to set his alarm clock for an early-morning appointment, according to the documents. He became angry, said he was "disappointed" in her, hurled insults and grabbed her throat and arm several times, the documents say.

Her statement and other investigative documents were released on Wednesday after a King County District Court judge ruled that public disclosure would not violate McIver's privacy rights or endanger his right to a fair trial.

The judge, however, declined to release an audio-video recording of a conversation between McIver and an officer in the patrol car immediately after his arrest. Judge Linda Thompson said release of the recording would violate McIver's privacy and that he was not warned the conversation was being recorded.

McIver's attorney, Todd Maybrown, had sought to bar the release of the documents and recordings, saying the release would violate the privacy of McIver and his wife and could prejudice a jury in McIver's Dec. 10 trial. The news media, including The Seattle Times, had requested the information under the state's Public Disclosure Act.

The newly released documents provide more detail into the events that led up to McIver's arrest Oct. 10 for fourth-degree domestic assault after police responded to the couple's home.

According to the documents, McIver repeatedly told police that he didn't understand why he was being arrested. McIver "acted kind of astonished. ... [He] didn't get combative or anything," but he was "astounded that he was being arrested for that when he felt it was a simple argument between a couple," said Seattle officer Thomas Jones.

According to the documents released — which include witness statements, a recording of the 911 call, police follow-up interviews, e-mails between prosecutors, and officers' statements — Marlaina Kiner-McIver dialed 911 then hung up immediately when she considered the ramifications on her husband's career.

A 911 dispatcher returned the call, left a message and then Kiner-McIver called 911 back seeking to cancel the call.

She said the fight had not been physical, charging documents say.

The dispatcher chastised Kiner-McIver for hanging up the first time and told her that domestic violence calls can't be undone. Kiner-McIver has said that she does not want to assist in the prosecution of her husband.

"My client's position has been, and remains, that she will not cooperate in the prosecution of her husband," her attorney, Vonda Sargent, said Wednesday.

Prosecutors said Kiner-McIver has been served with a subpoena to testify and they are prepared to take McIver to trial.

Christine Clarridge: 206-464-8983

Copyright © 2007 The Seattle Times Company

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