A local resident has been charged with felony assault and threats after allegedly threatening to kill officers at the port of entry and assaulting local deputies.
According to the Affidavit of Probable Cause Determination filed by prosecutors in Whatcom County Superior Court, Brandon Gibbs, 19, entered the Point Roberts port of entry at 4:25 a.m. on December 21, 2011, and told the officer he was going to burn government vehicles.
When told to leave the port he is alleged to have “made furtive movements” with his hands in his coat and told the officer, “If you touch me, I will kill you.” Officers at the port reported he appeared intoxicated. They called 911, and Gibbs left the port.
Deputy Brian Oswalt and Sergeant Glen Slick found Gibbs at his Windsor Drive home at 9 a.m., where he denied making threats to kill anyone, but admitted to having gone to the port.
When told he was being placed under arrest Gibbs began “actively resisting,” according to the affidavit. The fight ended up on the ground and Oswalt used a Taser, “which had little effect” in an attempt to subdue Gibbs. He was eventually handcuffed and “continued to resist” while being placed in the patrol vehicle. The affidavit stated both deputies were injured.
Darlene Gibbs, Gibbs’ mother and an eyewitness to the arrest, disagrees with the version of events reported by law enforcement. On advice from legal counsel she declined to respond to the allegations in the affidavit.
Deputies were assisted at the scene by Customs and Border Protection officers and received backup from two Whatcom County Sheriff’s units from Ferndale. Following the arrest they returned to the home with a search warrant to recover a cell phone, which undersheriff Jeff Parks said Gibbs’ girlfriend had used to record the fight with deputies.
“The phone is now secured in our custody as evidence, and a second search warrant will be applied for to obtain the recording as evidence of the assault on the deputies,” Parks said.
Gibbs was booked into Whatcom County Jail and arraigned on December 30 on two counts of felony threats and two counts of assault. He was released from jail after posting a $10,000 bond on January 5. A trial date has been set for Tuesday, February 21.