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A judge has cleared the way for the state of Oregon to bring Washington County sheriffs deputy Rian Alden to trial in November for an alleged assault of a jail inmate, denying his motion to dismiss the case.

Aldens lawyer Dan Thenell argued during hearings in April that the case should be thrown out, alleging a longtime prosecutor pressured two sheriffs training officers to withdraw their support of Aldens use of force and not testify in his defense.

Thenell argued that the sheriffs office found Aldens use of force to be within policy and consistent with his training.

Alden is accused of slamming a jail inmate against a concrete wall during booking in a 2018 case that prosecutors first dropped and then revived in 2020 when a racist email sent by Alden surfaced.

The county last year paid $625,000 to settle a suit filed by the inmate, Albert Molina, who suffered a fractured skull. County commissioners found that Alden needlessly injured and traumatized Molina.

Washington County Chief Deputy District Attorney Jeff Lesowski argued in court that the allegations raised by Aldens lawyer were intended simply to derail his clients prosecution.

Lesowski told a judge that the prosecution results from a video of the alleged assault depicting a shocking act of police brutality, of a physically imposing veteran law enforcement officer slamming the head of an intoxicated, unarmed and shoeless prisoner against a concrete wall.

It also rests on the medical records that showed Molina suffered an immediate loss of consciousness and a serious brain injury, he said.

The apparent motive for those actions was the victims disrespect for Alden by saluting him in a mocking way and flipping him off, after Alden had been laughing at the victim with his younger deputy colleagues, Lesowski said.

It would be outrageous if the district attorneys office werent prosecuting the jail deputy, Lesowski argued.

Were sitting here with a pretty obvious crime staring us in the face, he told the judge.

Washington County Circuit Judge Beth L. Roberts dismissed Aldens allegations of outrageous government conduct, in a written ruling.

Having considered all the testimony and evidence presented to the court, under the totality of the circumstances, the court does not find that the governments conduct is grossly shocking and so outrageous that it violates a universal sense of justice, the judge wrote in her ruling.

Alden, 41, has pleaded not guilty to second-degree assault and official misconduct. He remains on paid leave. His trial is set for Nov. 2.

The defenses allegations stemmed from June 2020 conversations between Bracken McKey, another chief deputy prosecutor in the District Attorneys Office, and two sheriffs training officers.

Both training officers - Sgt. James Cuthbertson and Cpl. Cade Edwards - signed sworn statements that Thenell filed in court, contending McKey told them he was pursuing Alden so he didnt look soft on crime if he ever ran for district attorney and that their testimony wouldnt look good for the sheriffs office.

But Edwards later recanted his accusations against McKey, saying Thenell had swayed him to sign the declaration that improperly characterized his remarks, according to court records.

The recantation stirred concerns about the honesty of the two training officers.

McKey in no way intended to threaten Cuthberson but gave him a courtesy heads up when he told him by phone that hed have a duty to disclose Cuthbertsons opinion in support of Aldens use of force to Aldens lawyer, and that it may not look good, according to Lesowski.

When considered in light of the damning video and the fact that the Oregon State Police concluded Aldens violence was unjustified, McKeys words were simply a way of stating an obvious fact: This was a very ugly incident that was going to be difficult to defend or justify, Lesowski wrote to the court.

Cuthbertson, who was the use of force manager for the sheriffs office at the time Molina was injured in the jail, testified in court earlier this year that he felt threatened, that if I testified for the defense it wont go well for me. Since that day, things have not gone well. Ive been assigned to a desk. ... Ive been criminally investigated.

Cuthbertson also testified that the sheriffs office teaches a crashing the line technique. If someone is combative or coming at a deputy, the deputy would go forward at them, and meet them to stop that distance. ... We try to overwhelm the person that potentially can be assaultive toward you, he explained on the witness stand.

Cuthbertson testified, though, that when he met with McKey in June 2020 he hadnt yet formed a final opinion on Aldens use of force, and had questions, such as whether Alden experienced an adrenaline rush, or took into account the wall that was behind Molina when he slammed him into it.

Lesowski later wrote to the court that Cuthbertsons testimony suggesting he hadnt yet formed an opinion on Aldens use of force in that June meeting with McKey was not credible.

If Cuthbertson had not expressed an opinion, McKey would have had no reason to call Cuthbertson the next day to tell him that his opinion would need to be disclosed to the defense as exculpatory evidence, Lesowski wrote.

Edwards, the other training officer, declined to testify in court, citing his Fifth Amendment right not to incriminate himself.

The district attorneys office granted Edwards immunity in December for his changing statements, but Edwards lawyer Mark Makler said that didnt absolve him of any potential criminal exposure going forward by the county prosecutors office, or by other state or federal agencies.

Washington County Sheriff Pat Garrett, called by Thenell as a witness, testified that Cuthbertson and Edwards had met with him and the undersheriff together, shortly after the meeting they had with McKey, in which they shared that they felt threatened to not testify in support of Aldens use of force. They shared that McKey said something like, this would not look good for you, Garrett said.

They expressed general concern about testifying for the defense, and we discussed that that was a distinct possibility if called upon by the defense, and we told him that that would be appropriate, Garrett said.

Lesowski told the court that Cuthbertson is not expected to face any discipline and was assured that his job is safe should he testify in support of Aldens use of force.

The state Justice Department ultimately found insufficient evidence to support allegations against McKey of witness tampering or coercion, department documents show.

The Washington County District Attorneys Office said it wont pursue perjury charges against Edwards but that his changing statements could raise potential concerns regarding his truthfulness and credibility if called to testify in future cases. Prosecutors asked state police to investigate Cuthbertson for alleged false swearing. That inquiry is ongoing.

-- Maxine Bernstein

Email at mbernstein@oregonian.com; 503-221-8212

Follow on Twitter @maxoregonian

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Assault case against Washington County sheriffs deputy can proceed to trial, judge rules - OregonLive