A Thurston County Superior Court judge has found probable cause for charges against the man involved in a seven-hour standoff Tuesday night in Rainier.
Jon William Day, 65, of Rainier, was booked into the Thurston County Jail on Thursday, Sept. 3, following his release from the hospital where he was treated for injuries he sustained during the standoff and arrest.
Thurston County Superior Court Judge Allyson Zipp set Day’s bail Friday at $50,000, finding probable cause for two counts of first-degree assault.
Day is also required and surrender all firearms.
If Day posts bail, he is required to complete a Designated Crisis Responder evaluation and report for county Pretrial Services Supervision, which will set supervision requirements for Day to follow until his case is resolved.
The Thurston County Prosecutor's Office has until 5 p.m. on Sept. 9 to file charges.
Day is accused of barricading himself inside his residence in the 600 block of Nieland Loop Southeast in Rainier and shooting at two deputies responding to a report of a domestic dispute.
Thurston County Sheriff’s Office deputies were advised that the dispute was between Day and his adult daughter. The argument reportedly stemmed from “the recent and expected death of Jon’s wife,” identified by the Thurston County Coroner’s Office as Gina Day, 59, of Rainier.
Gina Day had passed away earlier in the day on Tuesday, Sept. 1, and was still inside the residence when the dispute was reported at approximately 9:10 p.m., according to documents filed in Thurston County Superior Court on Friday.
The Thurston County Coroner’s Office conducted a medical exam on Friday to determine Gina Day’s cause and manner of death. That information had not yet been released as of Friday afternoon, but law enforcement do not suspect foul play.
When Thurston County Sheriff’s Office Deputies Henze and Crosby arrived at the residence at approximately 9:22 p.m. on Sept. 1, they reportedly confirmed that the dispute between Jon Day and his daughter was verbal, not physical.
When deputies learned of the body inside the residence, Jon Day allegedly retreated inside and would not allow the deputies to enter.
Deputies attempted to enter the residence regardless, “based on exigency to check the status of the reported deceased,” according to court documents.
When the two deputies tried to enter through the front door, Jon Day allegedly fired multiple rounds through the door at the deputies.
Deputy Crosby reportedly returned fire while he and Deputy Henze retreated.
Deputy Henze sustained a leg injury during this retreat, but neither deputy was struck by gunfire, according to court documents and information released by the Thurston County Sheriff’s Office.
According to the sheriff’s office, the deputy was transported to the hospital in stable condition.
After the deputies retreated, Jon Day allegedly barricaded himself inside his residence.
SWAT responded to the scene and a seven-hour standoff ensued, with the suspect firing at law enforcement and an armored Bearcat vehicle numerous times, according to court documents and information released by the Thurston County Sheriff’s Office.
A SWAT sniper returning fire during the incident caused a non-fatal injury to Jon Day, according to the sheriff’s office.
The SWAT team ultimately used armored vehicles to tear a hole into the bathroom of the residence where Jon Day was hiding. He eventually surrendered, and was taken into custody at approximately 5:23 a..m. on Sept. 2, according to court documents.
He was transported to the hospital for medical treatment before being booked into the Thurston County Jail on Sept. 3.
He sustained shrapnel injuries to both eyes during the standoff and will require additional surgery, according to Public Defender Diana Wildland.
Jon Day has no assault-like convictions on his record, which consists of just three convictions: one for disturbing the peace in 1979, one for driving with a suspended license from 1981, and one for negligent driving in 1999.
“He is, generally speaking, a law-abiding citizen in this community who experienced the loss of a loved one, his partner of 40 years, and was experiencing an acute mental health crisis when this case arose,” Wildland told the court Friday.
The prosecution argued that, despite his lack of criminal history, Jon Day poses a risk to the community based on the nature of the crimes he is accused of.
“These are extremely concerning allegations. The mere presence of a shootout that involves law enforcement is of paramount concern to the state,” said Deputy Prosecuting Attorney Isaac Fortunato.
Zipp expressed her condolences to Jon Day for the loss of his wife, acknowledging that she understood how that could be “extremely upsetting.”
However, Zipp said, she had to take into account the severity of the “inexplicable actions” Jon Day allegedly took after his wife’s passing.
She opted to set bail at $50,000, which falls between the prosecution’s request for $100,000 bail and the defense’s request for a release on personal recognizance.
Arraignment is scheduled for 11:30 a.m. on Sept. 11.
