Snohomish County prosecutors have charged 34-year-old Sean Robert Wagner of Cle Elum and Port Orchard with a hate crime offense, alleging that he “maliciously and intentionally” threatened then-Edmonds Animal Control Officer Tabatha Shoemake, a Black woman, based on his perception of her race and putting her in “reasonable fear of harm.”

A hate crime offense is a felony under Washington State law RCW 9A.36.080. Charges were filed on Oct. 29.

According to papers filed with the court, the incident began at approximately 4:30 p.m. April 14 when Edmonds police were dispatched to the Travel Lodge Motel in the 23800 block of Highway 99 to investigate reports of puppies that had been “howling for two days” from inside the back of a truck parked at the motel.

Officers were not able to locate the owner of the truck; he was not in his room, and repeated attempts to call his cell phone were unsuccessful.  Officer Shoemake determined that the temperature inside the truck bed exceeded 100 degrees. This led officers to decide to seize the dogs and bring them to the Lynnwood PAWS shelter until the owner could be contacted. The officers left a note in the truck informing the owner that the dogs were being taken to PAWS and the phone number of the facility.

The owner, later identified as Sean Robert Wagner, contacted PAWS by phone at 5:45 p.m. that afternoon. Officer Shoemake spoke with him and informed him that he could pick up his dogs when the shelter opened at 11 a.m. the next morning, at which point Wagner became angry, used profanity and hung up the phone.

Approximately 30 minutes later, Wagner arrived at PAWS with three young children, who were later determined to be his. According to the police report, he attempted to shake the facility’s front doors open, and when he could not gain access went around the back of the building where there is no public entry, presumably to gain access there. The PAWS employees in the building became scared, so Shoemake exited the building to confront him and try to get him to leave.

Wagner became immediately aggressive, used profanity and the n-word, and told her to “go back to Africa.” Along with his children, he walked back toward the front of the building, “yelling loudly and showing his middle finger to PAWS employees” inside. He then resumed banging on windows and loudly screaming, at which point Shoemake called for police backup.

Back at the front of the building, Wagner approached Shoemake within arm’s length, “clenching his fists and showing his teeth while spewing profanity and racial epithets,” threatening that “we are going to get you and we will fix this” and to kick Shoemake’s “ass.”

Perceiving Wagner’s ongoing, escalating comments as threats, Shoemake drew her taser, pointed it at his chest and asked him to back up. He stopped approaching her just as several patrol cars arrived at the scene.

Wagner was booked into jail and his three children turned over to their grandmother. Booking photos revealed numerous Nazi and racist tattoos on Wagner’s chest and torso.

A background check revealed no prior criminal history for Wagner, and prosecutors had no objection to him being released on personal recognizance provided he has “no contact with his alleged victim or PAWS, no possession of dangerous weapons or firearms, and no new criminal law violations.”

Wagner’s arraignment is scheduled for Thursday, Nov. 18 in Snohomish County Superior Court.

A 13-year veteran of the Edmond Police Department as an animal control officer, Tabatha Shoemake was recently promoted to the new position of community engagement officer.

— By Larry Vogel