Pierce County: We Will Not Prosecute Randy Hynek

Sumner city councilman Randy Hynek will not face criminal charges for his role in tree-cutting along the White River, according to Pierce County Deputy Prosecutor Kevin McCann.

"We felt that, given the circumstances, we couldn't provide proof beyond a reasonable doubt that he did this in a knowing and malicious manner," said McCann. "We believe there is a civil remedy, if Sumner wishes to pursue it."

The ball is now in Sumner's court to decide where to go from here.

"This doesn’t really change anything for the city of Sumner," said Mayor Dave Enslow. "It’s always been about taking responsibility."

Sumner city attorney Brett Vinson will determine the next course of action for the case.

"While declining the charges, the prosecutor did not state that the individual is not responsible for the damages caused. The prosecutor recognized that restitution through civil remedies is available to the city," said Vinson.

First, Sumner must develop a restoration plan that gets approved by the regulating agencies. Once the city gets that approval, it can begin to take action. (Anyone wanting to volunteer should contact Eric Mendenhall at ericm@ci.sumner.wa.us.)

"The city could file a civil lawsuit seeking restitution," said Vinson. "If Randy is willing to accept responsibility, we are willing to work with him. We just have to figure out a replanting plan. Quite frankly, we're more than willing to work with volunteers to keep city costs down."

Hynek is pleased with the county decision.

"I am thankful for their pursuit of justice, and I’m thankful to my friends and family for standing by my side," said Hynek.

He said he will continue his work in the Sumner Community Garden and plans to still care for the sapling walnut grove along the White River.

"I’m not giving any of it up. [The walnut trees] represent thousands of dollars in city investment that, due to political reasons, they are prepared to let go to waste. I won't let them go to waste," said Hynek. "It’s an unsettled matter and we will have to work that out."

Hynek also said that his personal investigation into Mayor Enslow, since the tree cutting story broke, is not over yet. He maintains that Enslow's statement to Sumner Police that he was not allowed to work around city-owned trees was "a lie."

"I’m not done with clearing my name and proving the mayor was involved in false testimony to the police," said Hynek. "This was politically motivated and I intend to pursue justice."

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Patch broke the story of the incident along the White River. Read more: