This is the latest update in our series about ongoing issues at the Port of Benton: https://tumbleweird.org/topic/port-of-benton
The criminal investigation into the tenants at the Port of Benton (including Port Commissioner Scott Keller) has officially been completed by the Franklin County Sheriff’s Department, according to correspondence Tumbleweird received on August 14 from Franklin County Sheriff Jim Raymond.
Here’s a quick recap of the events leading up to the Supreme Court of the State of Washington’s August 20, 2026 filing regarding the recall of the Port of Benton Commissioners.
Investigation request in spring
In March, a request to investigate was initiated by Citizens for a Better Port. In response to the request, Richland Police Department (RPD) Commander Damon Jansen wrote the following email (subject: Request to Investigate):
Good morning,
As you can imagine from a case like this that spans many years and several different departments within the City of Richland (COR), we needed to discuss the implications of this request for an investigation with members of the COR Executive Leadership Team. Because the COR is also a victim in this fraud, it would be inappropriate for Richland Police Department employees to conduct the investigation. It was decided that RPD should request the Benton County Sheriff’s Office [BCSO] to investigate on our behalf, since the COR is potentially the victim of substantial fraud.
This morning, I received a response from BCSO, who indicated that it could be viewed that they have too close a connection to the Port of Benton. They respectfully declined to assume the investigation for us.
We are attempting to determine which agency would be appropriate to request an investigation into this matter. Once that has been agreed upon, I will update you and provide the information we received to the investigating agency.
Damon Jansen, Commander, RPD
On May 4, Tumbleweird first contacted Sheriff Jim Raymond regarding the investigation. On August 5, Sheriff Raymond said the investigation was complete and being processed.
On August 14, Richland Police Chief Martin Pilcher sent the following email to Tumbleweird in response to our inquiry about the timeline for the criminal investigation:
Good Afternoon:
The Richland Police Department has not received a copy of the completed report. As the City of Richland is the victim of the alleged theft, we are neither the investigative nor prosecuting agency. When completed, the case will be forwarded to the Benton County Prosecutor’s Office directly from the Franklin County Sheriff’s Office. Upon completion, you can acquire a copy of the report from the Franklin County Sheriff’s Office via a public records request.
Martin Pilcher, Chief of Police, RPD
Tumbleweird again messaged Sheriff Jim Raymond, who said, “My staff failed to get the materials to the Chief yesterday as directed.” The investigative report was finally transferred to RPD the same evening by Franklin County. The Benton County prosecutor’s office said they are processing our public records request for the report.
On August 17, Chief Pilcher sent Tumbleweird an email clarifying why RPD would not investigate the alleged thefts by Port Tenants, and responded to our questions about how this incident differed from other COR incidents (subject: Criminal investigation Port of Benton). It reads in part:
Good Morning:
…
RPD does investigate many incidents in which the City owns property that is damaged or otherwise affected. The examples you identified, such as vandalism in City parks or collisions involving City property, are not inconsistent with that practice.
This matter presents a different set of considerations. The allegation involves the theft of water directly from the City’s municipal water utility, making the City itself a direct financial victim of the alleged conduct. In addition, the City has a longstanding working relationship with the Port of Benton. Given both the City’s direct interest in the alleged offense and that ongoing institutional relationship, it was important that the investigation be conducted independently by an outside law enforcement agency.
Using an outside agency helps ensure that the investigation is, and is perceived to be, independent of the City’s financial and organizational interests. The Franklin County Sheriff’s Office therefore conducted the investigation, and the case is being forwarded to the Benton County Prosecutor’s Office for review.
…
Martin Pilcher, Chief of Police, RPD
The commissioners may be brought up on criminal charges, including violation of RCW 9A.61.020 (defrauding a public utility) and RCW 9A.61.050 (defrauding a public utility in the third degree).
Diahann Howard’s August filing
On August 5, Tumbleweird received an email response from Todd Wyatt, an attorney representing Port of Benton Executive Director Diahann Howard, regarding the injunction they filed in August. Howard has been on paid leave from the Port since January. You can read more details about Howard’s case here: tumbleweird.org/friends-in-low-places.
Wyatt said, “We are setting an actual hearing for a preliminary injunction and expect that to occur in the next few weeks.” Wyatt also sent Tumbleweird the complaint they filed (which can be read in its entirety here: drive.google.com/file/d/1RZ-blZKQkjTOe_WUacIGcTMJ8rRmsaEg) concerning “this new O’Neil-led investigation into Director Howard and the simultaneous refusal of the Port to recommence the investigation into retaliation against Director Howard.”
The filing, Diahann Howard vs. Commissioner Bill O’Neil, the Port of Benton, Goodstein Law Group, and Carolyn Lake, claims that the Port Commissioners retaliated against Howard for reporting Scott Keller’s violations (found during a Port-initiated investigation.) Howard claims that she was relieved of her job without notice after the report was released. For more details, see Tumbleweird’s report from March 2026: tumbleweird.org/investigations-port-commissioners.
Gathering signatures for recall
The group behind the recall of the Port of Benton Commissioners, Citizens for A Better Port, said that their aim is to “stop the corruption, waste and abuse of the Port of Benton Commissioners.” They have been collecting signatures to put the recall on the ballot, but they still need more signatures in order to reach their goal of 5000.
A counter-campaign calling themselves "Stop the Misleading Recall" or “Stop the Port of Benton Recall” (they use both names) was formed by Port Commissioner Bill O’Neil, who has so far contributed $2000 of his own money.
O’Neil was interviewed on Apple Valley News, where he said that Alicia Myers was terminated for poor performance, and that after she was fired, a new finance director found $1 million dollars in financial errors. However, these errors occurred before Myers was hired, and Myers only worked for the Port a few months before being terminated.
In our interview with Myers for our story in June (tumbleweird.org/port-of-benton-update), she told us that she was fired in retaliation for reporting the irregularities she found to the state. From the article:
Myers was promoted by the Port Commissioners to Interim Executive Director after they put Diahann Howard on administrative leave in January of this year. But Myers recused herself from the position of Executive Director, as she felt it was a conflict of interest to be CFO, Auditor, and Executive Director. The board then fired Myers.
The recall itself is based on the retaliation that Myers and Diahann Howard both claimed after they reported irregularities they found — including the illegal utilities connections, below-market leases, and other actionable items — to the Port Commissioners, as was required by law.
Judge Eugene Pratt, as well as all nine Washington Supreme Court Justices, believe that both Howard and Myers were fired for retaliatory purposes; and, as stated in the Supreme Court’s filed opinion, that “this retaliation was done to conceal Mr. Keller’s wrongdoing.”
We contacted Myers and O’Neil for comment after the Apple Valley News segment aired. Myers responded with the following: “Bill O’Neil’s statements that were broadcast on Apple Valley News were neither truthful nor factual.”
O’Neil did not respond.
Supreme Court of Washington
On August 20, 2026, The Supreme Court of Washington filed their opinion for record. The court upheld two charges against each of the three commissioners, along with an additional charge against Scott Keller. You can read the entire filing here: drive.google.com/file/d/1Ia43vNjix2ygeR2mV7oGnyBIag77IZlb
Regarding the allegations of retaliation against Howard and Myers, after reviewing the evidence, the judges wrote that in both cases (Charges 12 and 13 in the filing), they believe that the Port employees were retaliated against by Mr. O’Neil, Ms. Stevens, and Mr. Keller “while acting in their capacity as Port Commissioners.”
For the allegations of retaliation against Howard, they also wrote:
Mr. Keller retaliated against Port Employee Executive Director Diahann Howard when they voted to suspend Diahann Howard two weeks after findings that Mr. Keller violated State Laws and Port Policy. These findings were the result of a complaint made that was forwarded to commission and counsel for investigation.
And regarding Myers’ termination, they wrote:
Mr. Keller retaliated against Port Employee Auditor Alicia Myers when she brought the for[e]going violations to the attention of the Port’s Executive Director and Mr. Keller. [Mr. O’Neil/Ms. Stevens and] Mr. Keller caused Ms. Myers to be fired.
In both cases, Chief Justice Stephens concluded the opinion on charges 12 and 13 by stating: “I believe this retaliation was done to conceal Mr. Keller’s wrongdoing.”
A lifelong resident of Eastern Washington, Dori enjoys the outdoors, her family, and making good trouble. She has worked for many years in broadcasting and reporting and believes in the value of the 4th estate. She is a true community advocate that loves Washington.
