The Washington Court of Appeals’ published decision in Estate of Jordan Benjamin Brown v. King County, No. 40983-0-III, filed March 19, 2026, addresses an important negligence question: when a county supervises dangerous juveniles on electronic home monitoring, does it owe a duty to protect third parties from foreseeable harm if those juveniles abscond? The court answered yes on duty, but no on causation. That split result is what makes this case significant.
In this King County negligence claim, the estate of Jordan Brown argued that King County should be liable after two youths cut off their electronic home monitoring devices, committed a series of robberies, and five days later killed Brown during a robbery. The Court of Appeals held that King County’s Department of Adult and Juvenile Detention (DAJD) owed a duty to third persons like Brown and that a jury could find DAJD breached that duty by failing to promptly notify law enforcement after the youths absconded. But the court still affirmed summary judgment for King County because no rational trier of fact could find that this breach was the cause in fact of Brown’s murder.
Background of the Case
The case arose from a violent pawn shop robbery on February 22, 2022. Two youths, Montrell Hatfield and Marshon Jones, participated in the robbery while armed with handguns. According to the opinion, Hatfield forced the manager to the safe, demanded money, and struck him in the face with a gun. Jones ordered customers to the floor and fired a shot into a wall. Hatfield was 16, and Jones was 15.
After their arrests, King County personnel prepared screening and recommendation materials. A detention risk assessment instrument classified both youths as low risk and recommended an alternative to secure detention. A juvenile probation counselor later recommended different conditions: Hatfield’s release to his mother without monitoring and Jones’s release on electronic home monitoring (EHM). At hearings, the prosecutor emphasized the violent facts and asked for secure detention, but the court decided EHM with conditions was enough.
King County DAJD supervised the youths’ EHM custody. The devices were monitored through B.I., Inc. The youths signed contracts imposing restrictions, including curfews, geographic limits, and a prohibition on tampering with their devices.
The Escapes and the Murder
Hatfield’s Escape
On March 14, 2022, Hatfield’s device sent a tamper alert. Soon after, his mother told DAJD that Hatfield had cut off the tracker and left. She said he texted that he saw a news story about the case and believed he would be taken off EHM, prompting him to run. DAJD placed him on escape status and distributed a violation report to various parties, including the court and prosecutor.
But neither DAJD staff member involved nor the assigned probation counselor notified law enforcement.
Jones’s Escape
Later that same evening, Jones’s tracker also generated a tamper alert. His grandmother confirmed that he had cut off his bracelet and left home. Jones’s aunt called police, and officers came to the residence. According to the opinion, police told the family they would search for Jones and bring him back, but they did not find him.
DAJD still did not notify law enforcement itself.
Requests for warrants were prepared promptly, and warrant hearings were held on March 16. The court authorized arrest warrants, which were entered into the Washington Crime Information Center database. But law enforcement initially made no active effort to locate either youth.
In the days that followed, Hatfield and Jones committed a series of robberies. On March 19, they robbed the World of Weed marijuana dispensary. During an altercation there, Jones shot and killed employee Jordan Brown.
The Court’s Duty Analysis
DAJD Owed a Duty to Third Parties
The Court of Appeals relied on Washington cases recognizing a duty to control dangerous persons when a special relationship exists. Under Taggart v. State and Hertog v. City of Seattle, supervising authorities can owe duties to third persons when they have taken charge of offenders or pretrial releasees who are likely to cause bodily harm if not controlled.
The court held that the same reasoning applied here. People on EHM sign contracts with conditions, and the supervising personnel know their criminal histories. Because Hatfield and Jones had recently committed a gun-involved robbery, a rational trier of fact could find they were likely to cause bodily harm if not controlled. For that reason, DAJD owed a duty to protect third persons such as Brown from reasonably foreseeable harm.
When the Duty Ended
The court also addressed when that duty ended. It agreed with prior appellate decisions holding that the duty to control ends when an arrest warrant is issued for the absconding offender. Once the warrant issues, the supervising authority no longer has the same continuing relationship or practical ability to control the absconder.
That meant DAJD’s duty existed during the short period between each youth’s escape and the issuance of the arrest warrants.
The Alleged Breach
The Court of Appeals concluded that a rational trier of fact could find DAJD breached its duty of reasonable care by not promptly reporting the escapes to law enforcement. The court noted that escape from custody by persons charged with felonies can itself be a felony and that reliable information from a government agency can provide probable cause for a warrantless arrest.
This part of the opinion matters. The court did not accept the trial court’s view that King County had no actionable duty at the relevant time. Instead, it recognized a viable negligence theory based on the failure to notify police promptly after the escapes.
Why the King County Negligence Claim Still Failed
Cause in Fact Was Too Speculative
Even though duty and possible breach existed, the Estate still had to prove proximate cause. The court focused on cause in fact, asking whether Brown’s death would not have occurred but for DAJD’s failure to notify law enforcement.
The Estate argued that immediate notification might have led to a search, a welfare check, or a faster apprehension that would have prevented the later murder. But the court found that theory too speculative.
The opinion emphasized several facts:
- Jones’s family actually did call police right after he escaped.
- Police came to the residence and said they would search for him.
- Police did not, in fact, find him.
- Even after Brown’s murder, when law enforcement launched a major multi-agency effort and used significant resources, authorities still could not quickly locate Hatfield and Jones.
Given those facts, the court held that a jury would have to speculate that earlier notification by DAJD would have resulted in either youth being found and arrested during the five days before Brown’s murder. That was not enough to survive summary judgment.
Other Arguments the Estate Lost
The Estate also raised several other theories, but the court rejected them.
Negligent Delay
The Estate argued that King County should have acted in the hours between Hatfield’s escape and Jones’s later escape. The court rejected this theory and distinguished Chambers-Castanes v. King County, noting there were no express assurances creating a special relationship with Brown.
Ministerial Malfeasance
The Estate argued that King County misled the court by using “low risk” assessments and by not including other robberies. The Court of Appeals rejected that argument because the violent facts of the pawn shop robbery were disclosed and because the record showed Hatfield and Jones were not linked to the other robberies until after Brown’s murder.
Discovery Delay
The Estate also challenged the trial court’s decision to postpone certain CR 30(b)(6) depositions. The Court of Appeals found no abuse of discretion.
Why This Case Matters
This case matters because it confirms that a supervising agency can owe a duty to protect the public from youths on electronic home monitoring. That is a meaningful holding. But it also shows how difficult negligence claims against government entities can be when causation depends on predicting what law enforcement might have done differently.
So the core lesson from Estate of Brown v. King County is this: duty and breach alone are not enough. Even where a county may have failed to act reasonably, the claim still fails without evidence that the failure probably changed the outcome.
Contact Blanford Law today at ken@blanfordlaw.com or 253-720-9304 for guidance on your legal matter.
Additional Resources
The Importance of Estate Planning for Navy Families
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https://blanfordlaw.com/the-importance-of-estate-planning-for-navy-families-unique-considerations-to-keep-in-mind/
State v. Brown Trial in Absentia
A breakdown of how Washington courts handle criminal proceedings when a defendant is not present at trial.
https://blanfordlaw.com/51-state-brown-trial-absentia/
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https://blanfordlaw.com/is-a-turn-signal-always-required-when-you-turn-or-change-lanes/
How Do I Look Someone Up in the King County Jail?
A practical guide to locating individuals in custody, including tools and steps for navigating King County jail records.
https://blanfordlaw.com/how-do-i-look-someone-up-in-the-king-county-jail-where-are-they-how-do-i-find-them/