Two people were seriously injured in a head-on accident on North Whidbey Sunday afternoon, according to the Washington State Patrol.

Troopers at the scene determined that the driver of the third car was responsible for the accident because she turned in front of traffic on Highway 20 from the Liberty Mart, causing a vehicle to swerve into an oncoming lane, according to court documents.

Yet their decision to arrest her on suspicion of vehicular assault led to a showdown in court in which her attorney claimed the arrest was retribution directed at her ex-husband and the judge released her from jail.

According to a report by a trooper with the Washington State Patrol, 39-year-old Anna Thompson, the former interim city attorney for Oak Harbor, was driving a Honda Accord and turned northbound from the parking lot onto the highway. The driver of a southbound Chevrolet Venture swerved to avoid her car, entered the northbound lane and struck an oncoming Honda Pilot head-on, the report states.

The occupants of the Chevrolet suffered serious injuries. A woman suffered a fractured wrist and knee and was transported to Harborview Medical Center in Seattle for treatment. Another woman sustained a broken rib and an open fracture of the ankle that required surgery, according to a trooper’s report. A juvenile suffered a concussion and was also transported to Harborview.

Thompson appeared in Island County Superior Court Monday via video from the jail. Deputy Prosecutor David Carman asked Judge Pro Tem George Bowden to find probable cause existed to believe that Thompson may be guilty of two counts of vehicular assault, but the judge ultimately sided with the defense on the issue.

Coupeville attorney Craig Platt was fiery in defending Thompson in court, arguing that she was not an impaired driver and pointing out that she is an attorney with no criminal history. In fact, Platt said that her ex-husband Brent Thompson, a fellow attorney in Platt’s firm who is an expert in identifying impairment and defending DUIs, was with her seconds before the crash, and he didn’t see any signs of intoxication.

Platt argued that the troopers’ reports contain “the thinnest allegations” he’s ever seen.

“There is no evidence of bad driving other than another car hit a third car,” he said.

In addition, he argued that the troopers only arrested her after realizing that that the father of her child is Thompson, who has an antagonistic history with the troopers from court cases. In fact, Platt claimed that a trooper smirked at Anna Thompson, and she was “promptly arrested” once he realized her identity.

Deputy Prosecutor David Carman interrupted Platt, opining that the court didn’t have time during a busy afternoon to listen to “a half hour of pontificating” in a preliminary appearance hearing. Platt spoke even louder, claiming his right to make a record of his allegations.

When he got his turn, Carman argued that the troopers presented enough evidence to determine probable cause existed for the charges. He said Thompson’s driving caused an accident that resulted in serious injuries.

Carman said a trooper noted signs of Thompson’s possible impairment, including red eyes, slurred speech and lethargic movements. Yet he emphasized that impairment isn’t necessary to prove vehicular assault under the law. A person can be guilty of the crime under “other prongs,” namely driving in a reckless manner or with disregard for the safety of others.

Judge Pro Tem George Bowden ultimately ruled that the reports by the State Patrol didn’t amount to probable cause, which is a very unusual decision for a judge to make at a preliminary hearing, and ordered Thompson released without bail or conditions.

Still, Bowden pointed out that the prosecutor’s office can still file charges.

On Tuesday, Chief Criminal Deputy Prosecutor Eric Ohme wrote in an email that it is prudent to wait for further evidence before making a charging decision.

“We will wait to receive blood test results from the Washington State Patrol Crime Lab as well as full reports, including any collision reconstruction, from the responding officers, before making a charging decision,” Ohme wrote. “Based on the backlog at the crime lab, blood test results likely won’t be available for a number of months.”

On Tuesday, Platt sent the Whidbey News-Times a statement proclaiming Thompson’s innocence, blasting the prosecutor’s office for “willfully presenting incomplete evidence” and the troopers for making an “illegal arrest.”

Platt wrote that Brent Thompson, a “tenacious examiner,” has interviewed and cross examined the two troopers at the scene several times in connection with his legal work.

“Do I have to draw you a diagram here?” he wrote.

“We are currently exploring all of our options with respect to how best to respond to this outrageous and defamatory governmental misconduct,” he added.