On Thursday, a jury found the former chairperson of the Island County Republican Party guilty of two criminal counts in connection with his refusal to wear a mask in a ballot counting room prior to the general election last fall.

Timothy Hazelo was convicted of unauthorized access to an election office and criminal trespass in the first degree. The unauthorized access charge is an unranked felony with a standard sentencing range of zero to 360 days in jail. The judge threw out a disorderly conduct charge before the trial started.

The sentencing hearing hasn’t been scheduled yet but will likely happen this month.

In an interview after the verdict, Hazelo was upbeat and said he’s unsure whether he will appeal. He said the related civil case currently in the state Court of Appeals could affect his criminal conviction if it goes his way. The central issue in the civil injunction case is whether the county auditor has the authority to impose a mask mandate.

Hazelo said he was still trying to process his conviction and was incredulous at the escalation of the charges.

“I could have thrown a Molotov cocktail in downtown Seattle, set a Tesla on fire or spit in a cop’s face and I wouldn’t have gotten a citation, let alone a felony charge,” he said.

Hazelo described his actions as civil disobedience. He said he was simply seeking a legal ruling on the extent of the auditor’s authority to impose such rules.

Tracy Abuhl, the former vice chairperson of the county Republican Party, is facing the same charges and is scheduled to go to trial later this month, though the date may be changed.

The politically charged case has spawned regional and even national headlines. A Seattle TV news station and talk radio covered the story; a TV camera was in the courtroom during the trial this week. The New York Post, a conservative tabloid newspaper, ran a story about the case, which has also roiled social media commenters far and wide.

Both Hazelo and Abuhl, who were election observers, challenged a mask mandate in the ballot counting room imposed by Island County Auditor Sheilah Crider, a Republican. She imposed the rule after 10 people in the office became ill with COVID during the primary ballot recount in August, and she didn’t want to jeopardize the health of the team of elderly volunteers.

On separate days before the general election, Hazelo and Abuhl refused to wear masks in the ballot counting room and were escorted out and cited by law enforcement.

Island County Prosecutor Greg Banks, who handled both the criminal and civil cases, said he has received many emails and phone calls, most of which were from people upset that he was prosecuting Hazelo. He said many of the people were ill informed about the facts of the case.

He pointed out that both the elections manager and the Coupeville marshal gave Hazelo several chances to either wear a mask or move to an observation room with a vantage point that was just as good.

“He basically demanded to be charged with a crime. He got what he asked for,” Banks said. “He was given multiple off ramps.”

Banks, who was elected with “no party preference,” also disputes allegations by Hazelo and others that the prosecution was politically motivated. He said he handled the case personally because he understands elections laws more than anyone else in his office after his many years serving on the county canvassing board. He also was familiar with the case from defending the county in the civil case.

Banks said he didn’t even know who Hazelo was before he was charged. Prosecutors initially charged Hazelo and Abuhl in district court, but the cases were refiled in superior court — with the felony added — after negotiations failed.

Nevertheless, Hazelo is a well-known figure on Whidbey Island. Besides being the former chair of the Republican Party in the county, he previously ran unsuccessfully for Congress against Rep. Rick Larsen and for county commissioner against Janet St. Clair. Last summer, Hazelo was one of three people who received an award for helping to save the lives of three people who overdosed in Oak Harbor.

With the felony conviction, Hazelo will no longer be allowed to own firearms. He said he’s unsure whether the conviction will affect his security clearance for his job, though he’s hopeful it will not.

Banks charged Hazelo in Island County Superior Court Feb. 6. After both the Island County judges recused themselves, the case was assigned to longtime Snohomish County Judge Joseph Wilson, who also heard the civil case.

Prior to the trial, Hazelo’s attorney, Austin Hatcher, filed a motion to dismiss the charges. He argued that Hazelo had a right to enter the elections office, that there was no disruption or criminal intent and that no valid rules were broken.

Wilson dismissed the disorderly conduct charge, finding that Hazelo’s actions didn’t cause a substantial disruption. He denied the motion to dismiss the other charges.

The trial started Tuesday with jury selection. Opening statements were Wednesday morning, followed by testimony from witnesses. The attorneys made their closing arguments Thursday morning. The jury reached the verdict that afternoon.

During the trial, Banks played an officer’s body camera video, which the News-Times obtained through a public records request. It shows Coupeville Marshal Bo Miller approaching Hazelo as he was sitting in the ballot processing room; Miller offered him multiple chances to just walk away. Hazelo asked the marshal three times if he was going to be cited, asking at one point if he is going to get anything in writing.

After a brief discussion, Hazelo agreed to accompany the marshal into the hallway, saying he would then “decide whether (he) will leave the building or not.” In the hallway, Hazelo argued that he has the right to be there, while the marshal said he was being disorderly for not following the policy.

“Well, I need a citation of some kind,” Hazelo said before walking outside with the marshal. Miller obliged.

During the trial this week, Hazelo chose to take the stand in his defense, which was a decision he said he “kind of regrets” in retrospect.

“I think we had it until I took the stand,” he said, referring to his and his attorney’s defense.