Island County’s top criminal prosecutor picks up the gavel

Eric Ohme will sport a new look in the courtroom.

A man responsible for sending Whidbey Island murderers, rapists and many other criminals to prison in the last 21 years will sport a new look in the courtroom.

Eric Ohme gave up his job as the top criminal deputy prosecutor in Island County to wear the robes as the new court commissioner in Island County District Court, which is also Oak Harbor Municipal Court.

After so many years in a high-stress job with extensive responsibilities in cases that are often emotionally taxing, as Ohme explained, he was looking for a change of pace. During his time at the prosecutor’s office, he’s handled more than 2,000 felony cases.

As a court commissioner, Ohme will essentially be a judge who hears a wide variety of misdemeanor and gross misdemeanor cases, as well as civil cases, protection orders and small claims court. Plus, he will make more money.

His boss, Prosecutor Greg Banks, said Ohme will be sorely missed in the office.

“For 21 years, I’ve never seen Eric lose sight of our goals to protect the community and seek justice in every case,” Banks said. “In the crucible of this demanding job, Eric has, time and again, proven himself as a leader, a litigator, and a great and supportive friend. The people of Island County owe Eric a debt of gratitude for his tireless public service.”

As the chief criminal prosecuting attorney, Ohme was known for being ethical and fair, though he hasn’t hesitated to be tough in pursing justice. He has also managed to be respected by fellow prosecutors, judges, police officers, defense attorneys and even some of the defendants themselves.

Coupeville attorney Craig Platt, a vociferous advocate for his clients, said he counts Ohme as a friend.

“I cannot say that about many prosecutors, I can count them on three fingers. And I have known all of them for decades,” he said in an email. “With two of this prosecutors I have had angry words and nasty fights in court. Not with Eric. I don’t think we ever spoke angrily to one another in over two decades. That is because he is a level headed, reasonable and, above all, nice person.”

Former Island County Superior Court Judge Alan Hancock, who is now on the bench in San Juan County, said he has a lot of respect for Ohme.

“He is a solid, hardworking and even-tempered attorney with high ethical standards,” he said.

Ohme said he is sometimes worried when he sees former defendants in public, but he’s almost always pleasantly surprised by the reaction. Most people aren’t angry at him for holding them responsible for breaking the law, which Ohme said he hopes is because he treated them fairly. One man he encountered at a store even became emotional and thanked him for sending him to prison, which he said helped turn his life around.

Ohme said a lot of people don’t understand the responsibility that comes with the job of chief criminal prosecutor. While judges may make final sentencing decisions, prosecutors wield a great deal of power over people’s lives.

They decide what crime, if any, defendants should be charged with after looking over the evidence, which sometimes requires them to direct additional investigations. In most cases, they are responsible for working out plea bargains with sentencing recommendations which judges almost always follow. In the other cases, they pursue justice before a jury.

“It’s a job you don’t really leave behind when you leave the office,” he said. “It’s a great job, but it definitely takes a toll on you.”

Ohme has successfully prosecuted some of the county’s most serious cases. The one that affected him the most, he said, was a child rape case against Oak Harbor resident Ryan Stephenson. The details revealed in the trial were so horrendous that the jurors were offered counseling afterward. Ohme said he ended up being hospitalized in what turned out to be a stress-induced episode.

Ohme won a conviction against Stephenson for rape of a child in the first degree and assault of a child and successfully pushed for an exceptional sentence of 60 years to life in prison, which is longer than most murderers get in the state.

In a high-profile case, Ohme prosecuted Robert “Al” Baker, a Greenbank man who murdered his wife, Kathie Baker, and then threw her tarp-wrapped body in a backyard ravine. The couple owned a Freeland pizzeria and met while working in the South Pole. Al Baker had claimed to be a physicist, but Ohme could find no evidence that he had a degree. Ohme also discovered that Al Baker was a sex offender in California, but he had successfully hid that from his wife and his employer.

The jury found Baker guilty of murder in the first degree. Again, Ohme argued for an exceptional sentence; the judge agreed and sentenced him to 52 years in prison.

Ohme successfully prosecuted Michelle Nichols for vehicular homicide in a tragic case that drew a lot of public interest on South Whidbey.

On the other hand, Ohme said he was “not happy” that he wasn’t able to get a conviction in a complex child rape case against a former Navy officer. Two trials ended with hung juries.

Despite all the ugliness he saw as a prosecutor, Ohme’s worldview is generally optimistic. Ohme, who is confined to a wheelchair, said he is always heartened by the number of polite people he encounters who just want to be helpful to him.

“My wife would probably say I’m a cynic,” he said, “but I think most people are generally good, even people who find themselves in the criminal justice system. Most people are redeemable.”