Charges were filed by the state Attorney General’s Office yesterday against former deputy and candidate for sheriff Jay Wallace.

Wallace, 64, is accused of lying to police after a 911 hang-up incident in February. He is charged with the crime of false swearing, a gross misdemeanor.

The charges, filed in Island County Superior Court Monday, say that Wallace made false statements under oath.

The maximum penalty is one year in jail or $5,000, or both, plus restitution and court costs.

Despite the fact the case is a misdemeanor, charges were filed in Island County Superior Court so the Island County Prosecutor’s Office could help with the case.

“The Island County prosecutor can provide assistance in the case that would not be available if charges were filed in district court,” said Kristin Alexander, spokeswoman for the state Attorney General’s Office in Seattle.

Wallace was ordered to appear in Island County Superior Court at 1:30 p.m. Monday, Sept. 11. If he fails to report, an arrest warrant will be issued.

Wallace, a Republican candidate for Island County sheriff who switched to the Democratic ticket after his own party abandoned him, could not be reached for comment Tuesday.

Island County Prosecutor Greg Banks said his office will provide limited support on the case.

“It is the attorney general’s case. We can lend clerical support, but don’t intend to provide legal assistance,” Banks said.

“We do not want to contaminate the case because of possible conflicts of interest,” he explained. “There have already been a lot of statements that it is politically motivated.

“The justice system needs to be impartial,” Banks said.

Sheriff Mike Hawley agreed.

“The matter is for the courts to decide,” Hawley said.

Wallace has been under investigation on criminal charges since March 2 by the state Attorney General’s Office.

Wallace refused to step out of the race for sheriff after he was fired from his deputy job. He switched parties in June from Republican to Democrat, and is the only Democrat running for the position.

Wallace has been under investigation by the state for allegedly ignoring a 911 hang-up call from a woman who was being held prisoner in a home near Freeland Park in early February. The woman escaped the following morning and called police from a nearby park.

Afterward, Wallace was the subject of two probes; an in-house administrative investigation by the sheriff’s office and a parallel criminal investigation by the Oak Harbor Police Department.

Although Wallace was fired for false reporting and failing to follow the sheriff’s office protocol for 911 hang-up calls, he received support from the Island County deputies union earlier this month to pursue arbitration. That could change pending the outcome of the criminal case.

“Arbitration is set for February or March 2007 on Wallace’s grievance. We will wait for the criminal charges to be resolved, then we will reevaluate the decision to pursue arbitration,” said Det. Dan Todd, vice president of the union.

Wallace was fired after investigators determined his written report of responding to the 911 calls were inconsistent with

I-COM’s radio log and the information provided by witnesses.

Gayle Saran can be contact at 221-5300 or gsaran@southwhidbeyrecord.com.