EVERETT — A Snohomish man could face jail time if he can’t convince a Snohomish County judge that he has delved into the accuracy of his claimed military experiences as part of his court-ordered mental health treatment.
Superior Court Judge Michael Downes said Wednesday that he hasn’t received sufficient records documenting that Tyler Gaffney is getting to the bottom of whether he has been truthful about his military service in the U.S. Army.
Downes in January sentenced Gaffney to six months in jail for a Sept. 29, 2013, incident that involved a standoff with Snohomish County sheriff’s deputies. Gaffney assaulted his father and threatened to blow up and shoot police. He confronted deputies, armed with a Airsoft gun that resembled a M-4, an assault rifle widely used by the U.S. military. Deputies used less-than-lethal ammunition to subdue him.
Gaffney later told detectives that he suffers from post-traumatic stress disorder because of his combat experiences. He claimed that “he was a member of a super-secret Special Forces team,” who served in clandestine combat missions and had been awarded medals for his bravery.
The detectives, who both served in the military, reported that many of Gaffney’s combat stories followed the plots of popular war movies. Snohomish County deputy prosecutor Paul Stern raised concerns about “stolen valor.”
“The issue of stolen valor — whether there was or wasn’t — I wasn’t really concerned except to the extent of how it might affect his mental health,” Downes said Wednesday.
As part of his sentence Gaffney, 34, was ordered to undergo mental health counseling, specifically addressing his claims. He also was instructed to get an evaluation to determine if he is addicted to drugs or alcohol.
Downes has been pushing for documentation for months. In a hearing in May, Gaffney was ordered to provide the court with a letter from his Department of Veterans Affairs therapist verifying that he was continuing treatment and addressing “the concerns of his misrepresentation of his military service,” court records show.
At that hearing Gaffney provided a letter from his counselor at the Everett Vet Center. The counselor confirmed that Gaffney was being treated for PTSD. The counselor said he didn’t have access to Gaffney’s personnel records from the Army. He had a file listing his time in the service and job category only.
“I am aware as his treatment provider of your concerns that he is misrepresenting his military history. Please know that I am addressing that possibility while engaging in the mental health treatment of Mr. Gaffney,” the counselor wrote.
The court also was provided a certificate of Gaffney’s service in the First Special Forces Group (Airborne).
Last month, a Snohomish County sheriff’s detective called the certificate into question. Sheriff’s detective Dave Bilyeu wrote in an affidavit that he believes the certificate is “a phony, purchased document.” The certificate, he wrote, was similar to other false-appearing documents found at Gaffney’s home during the standoff last year.
Bilyeu, a former U.S. Marine, discovered that similar documents are available for purchase online for $19.95 plus shipping costs.
“The first certificate on this website I viewed was identical to the document Gaffney submitted on May 21, 2014,” Bilyeu wrote.
Downes was told Wednesday that the Department of Veteran Affairs refused a subpoena prosecutors sent last month to compel Gaffney’s therapist to testify.
“I would have thought the military would have been more upset about false valor than us,” Stern said. “The VA doesn’t seem to care.”
The judge advised the lawyers to do some research. Is this the standard response from the Department of Veterans Affairs or is this one person’s position?
“Perhaps someone should talk to the Secretary of Defense,” Downes said.
Gaffney’s attorney Rob O’Neal asked Downes to review about 40 pages of notes previously provided from his client’s therapist. Those notes, he said, likely will address the judge’s concerns.
Downes ordered Gaffney to return next month and advised the man that he would consider sanctions if he wasn’t given a report proving that Gaffney was following his orders.
“I signed all the releases to the (Veterans Affairs). I can’t make the VA do anything,” Gaffney said Wednesday.
Gaffney may be caught up in government bureaucracy but “I’m not going to let it pass,” Downes said.
Diana Hefley: 425-339-3463, hefley@heraldnet.com. Twitter: @dianahefley
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