News Releases - September 2009

NEWS RELEASE 

September 25, 2009

David John Vernon, age 41, of Mossyrock, a Level 3 Registered Sex Offender, was convicted by a jury on September 25, 2009 in Lewis County Superior Court of two counts of Voyeurism. Vernon was charged by Information on June 16, 2009, with two counts of Voyeurism for viewing two women while they were inside the portable outhouse located at the Mossyrock Dam. Vernon was convicted as charged.

The Defendant is facing 43-57 months in prison. A Sentencing date has not yet been set.

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Owen Jay Fickett, 39 years old of Onalaska, was convicted by a jury on September 25, 2009 in Lewis County Superior Court for Attempting to Elude a Pursuing Police Vehicle. Fickett was charged by Information on April 7, 2009 with Attempting to Elude a Pursuing Police Vehicle.

The Defendant is facing a sentence of between 2-6 months in addition to a 12 month sentence enhancement. Sentencing date has not yet been set.

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On September 25, 2009, Michael G. Weigant, age 53 of Randle, was found guilty of the crimes of Obstructing a Law Enforcement Officer and misdemeanor Possession of Marijuana after Bench Trial in front of Judge R.W. Buzzard in Lewis County District Court. The Defendant was originally charged by citation on January 22, 2009. Judge R.W. Buzzard sentenced the Defendant to 365 days in jail with 363 days suspended, credit for two days already served, a $750 fine, court costs and assessments, and probation.

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On September 25, 2009, Raul Rafael Flores Martinez, age 21 of Centralia, was found guilty of the crime of Unlawful Display of a Weapon after Bench Trial in front of Judge R.W. Buzzard in Lewis County District Court. The Defendant was originally charged by prosecutor complaint on July 10, 2009 for an incident that took place on February 4, 2009. Judge R.W. Buzzard sentenced the Defendant to 365 days in jail with 335 days suspended, 30 days in custody to commence immediately, a $750 fine, court costs and assessments, and probation.

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On September 25, 2009, Lana C. Massa, age 50 of Amboy, was sentenced by Judge R.W. Buzzard in Lewis County District Court for two convictions of Violating Building Code following a jury trial on September 15, 2009. Judge R.W. Buzzard sentenced the Defendant on both counts to 90 days in jail with 87 days suspended, credit for three days already served, $600 total in fines, court costs and assessments and probation. As a condition of her sentence the Defendant was also ordered not to have anyone enter her building until she obtained the necessary certificates of occupancy. A temporary provision for entry was allowed for the Defendant and her employees for the sole purpose of removing inventory.

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On September 25, 2009, prior to commencement of Bench Trial in Lewis County District Court, Judge R.W. Buzzard granted the State’s Motion to Continue Trial based upon law enforcement unavailability. Mr. Bonagofski is was charged with Driving With A suspended License in February of this year. The trial is now scheduled for October 16, 2009 in Lewis County District Court.

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NEWS RELEASE

September 25, 2009

Jeffrey Allen Dow, age 25, of Chehalis, was found guilty of Burglary in the First Degree and Possession of a Controlled Substance following a jury trial in Lewis County Superior Court on September 23, 2009.

Jeffrey Allen Dow was charged by Information on October 16, 2008, with Burglary in the First Degree and Possession of a Controlled Substance following an investigation by the Centralia Police Department. The burglary charge was based upon an allegation that Dow and an accomplice unlawfully entered the home of a man and assaulted him in an effort to collect a drug debt. Dow was apprehended two days after the burglary and was found to be in possession of methamphetamine.

Sentencing has been set for October 9, 2009.

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Dwayne A. Tryon, 50 of Vader was convicted by Judge R.W. Buzzard on September 22, 2009 in Lewis County District Court for Driving While License Suspended in the Third Degree. Tryon was charged by citation with that crime on July 2, 2008. Tryon was sentenced to 90 days in jail with all 90 days suspended and a $500 fine.

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Lisa Renee Knutz, 22, of Centralia, Washington, was convicted by a jury on September 18, 2009, in Lewis County Superior Court for Theft in the First Degree. The jury also found that the crime was committed against a particularly vulnerable person, that the crime was a major economic offense involving multiple instances per victim, and that the economic loss involved was substantially greater than typical for the offense.

Ms. Knutz was charged by Information on January 9, 2009 with Theft in the First Degree as well as the three separate aggravating circumstances. The Defendant is facing up to ten (10) years in prison. A sentencing date has not yet been set.

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On September 18, 2009, after Bench Trial in Lewis County District Court, Court Commissioner Wendy Tripp found Defendant Stephen C. Johnson, age 60 of Randle, guilty of the crime of Driving While License Suspended in the Third Degree. The Defendant was originally charged by citation on September 19, 2009. The Court sentenced the Defendant to 90 days in jail with 86 days suspended, credit for four days served, a $300 fine, court costs and assessments, and conditions of sentencing.

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NEWS RELEASE

Jeffery William Deshotel, 47 of Chehalis, was convicted by Judge James Lawler on September 18, 2009, in Lewis County Superior Court for Harassment - Threats to Kill, a class C felony. Deshotel was charged by Information on July 31, 2009. The Defendant is facing a sentencing range of 33-43 months in prison based on his criminal history. A hearing to schedule the sentencing date will take place on September 24, 2009, at 10:20 a.m.

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Erick Rex Kalberg, 44 of Winlock, originally charged by Information on August 19, 2008, with Assault in the Second Degree - Domestic Violence, was found not guilty by a jury on September 16, 2009.

NEWS RELEASE

September 15, 2009

In an unpublished opinion issued on September 15, 2009, the Washington State Court of Appeals, Division II reversed the conviction of Kenneth Riley of Assault in the Second Degree. Mr. Riley was convicted by a jury in Lewis County Superior Court on January 29, 2009. The charges stemmed from a May 2007 melee involving Riley and several other persons at a campground near Riffe Lake in Lewis County.

Because the conviction was Riley’s third “strike,” he was sentenced to life in prison without the possibility of parole. Judge Nelson Hunt presided over the jury trial. The appeal brief, filed by the defense, argued that the trial court erred when it denied Riley’s request for a self-defense instruction to be given to the jury. The Court of Appeals agreed. The opinion of the Court of Appeals, authored by Judge Elaine Houghton, with Judge J. Robin Hunt concurring, and Judge Christine Quinn-Brintnall concurring in part and dissenting in part, held that the failure to instruct the jury on self-defense was an error of such magnitude that it reversed Riley's conviction and remanded the case for a new trial.

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NEWS RELEASE

September 15, 2009

On September 15, 2009, a jury convicted Lana Massa of two counts of criminal violation of the building code, a misdemeanor crime. The trial was held in the Lewis County District Court. Ms. Massa committed the crime when she failed to apply for and obtain a County building permit before she constructed a large shop in the Winlock area. The shop is used for a fine woodworking business. The Court previously found that Ms. Massa committed a civil infraction for the same violations and imposed a fine. The County then charged Ms. Massa with criminal offenses after she continued to use the property without obtaining approval from the Lewis County Building Official.

Sentencing is scheduled for September 25 in District Court. After scheduling the sentencing hearing, the Court ordered Ms. Massa detained until that sentencing date because she refused to sign an agreement to appear in court for sentencing. The court did not set bail.

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CORRECTION

NEWS RELEASE

September 15, 2009

Yesterday, in a Press Release concerning the continuance of the trial of John Charles Baker, age 66, of Centralia, the presiding judge was incorrectly identified as Lewis County Superior Court Judge Nelson Hunt. Lewis County Superior Court Judge James W. Lawler was in fact the judge who heard the case.

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NEWS RELEASE

September 14, 2009

John Charles Baker, age 66, of Centralia, Washington, was scheduled to go to trial today in Lewis County Superior Court. In December of 2007, Baker was charged with three counts of Assault in the Second Degree, one count of Felony Harassment and one count of Possession of Methamphetamine.

At the request of defense counsel, Lewis County Superior Court Judge Nelson Hunt continued the case until November. Baker’s attorney argued that the defense needed a continuance in order to have its expert examine a computer in the possession of the Centralia Police Department. The State opposed the defense request, arguing, as it had before the previous continuance was granted to the defense in June of this year, that the prolonged expense and difficulty involved in another continuance may prejudice the State’s ability to have witnesses available at trial.

During the course of today’s hearing the issue of conflict of interest was brought up from the defense table. The possibility that there may have been prior representation of someone on the State’s witness list by this same criminal defense attorney was discussed. Although the judge took no action on the assertion, the State will be reviewing the possibility that a conflict does, in fact, exist.

The next scheduled date for trial is the week of November 9, 2009.

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NEWS RELEASE

September 14, 2009

Teri Elizabeth Lane, 24 of Salkum was acquitted following a jury trial on September 14, 2009 in Lewis County District Court. Lane had been charged with Assault Fourth Degree – Domestic Violence by citation on June 29, 2009.

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NEWS RELEASE

September 11, 2009

On September 11, 2009, prior to commencement of Bench Trial in Lewis County District Court before Judge Michael P. Roewe, the Defendant Larry D. House, Jr., age 41 of Toledo, pled guilty to the crime of Driving While License Suspended in the Third Degree. The Defendant was originally charged with the crime of Driving While License Suspended in the Third Degree by citation on March 19, 2009. Court Commissioner Wendy Tripp sentenced the Defendant to 90 days in jail with 45 days suspended, a $500 fine, and court costs and assessments.

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On September 11, 2009, after Bench Trial in Lewis County District Court, Court Commissioner Wendy Tripp found the Defendant Juan Carrada Jimenez, age 24, not guilty of the crime of Driving While License Suspended in the Third Degree on a suspended Oregon Driver’s License. The Defendant was originally charged by citation with Driving While License Suspended in the Third Degree on April 21, 2009. The Court found that the documentation provided to the State by the Oregon Department of Licensing was insufficient to support conviction.

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On September 11, 2009, prior to commencement of Bench Trial in Lewis County District Court, the Defendant Lloyd E. Bailey, age 60, filed an Affidavit of Prejudice against Court Commissioner Wendy Tripp. The Court reset the Bench Trial to October 23, 2009 before another Judge of the Lewis County District Court. The Defendant is charged with Malicious Mischief in the Third Degree by Prosecutor Complaint for an incident occurring on January 24, 2009.

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On September 10, 2009, prior to commencement of Bench Trial in Lewis County District Court before Judge Michael P. Roewe, the Defendant Rick S. Shannon, age 43 of Centralia, pled guilty to the crimes of Obstructing a Law Enforcement Officer and Resisting Arrest. As part of the plea bargain, the charge of Reckless Driving was dismissed by the State. The Defendant was originally charged by Prosecutor Complaint with Obstructing a Law Enforcement Officer, Resisting Arrest, and Reckless Driving on July 30, 2008 arising out of a March 3, 2008 incident. Judge Michael P. Roewe sentenced the Defendant to 365 days in jail with 365 days suspended, a $750 fine, and court costs and assessments for the Obstructing conviction; 90 days in jail with 90 suspended, a $500 fine, and court costs and assessments for the Resisting Arrest conviction.

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On September 10, 2009, prior to commencement of Bench Trial in Lewis County District Court before Judge Michael P. Roewe, the Defendant Theodore S. Shannon, Jr., age 66 of Centralia, pled guilty to the crime of Resisting Arrest. As part of the plea bargain, the charges of Obstructing a Law Enforcement Officer and Reckless Driving were dismissed by the State. The Defendant was originally charged by Prosecutor Complaint with Obstructing a Law Enforcement Officer, Resisting Arrest, and Reckless Driving on July 30, 2008 arising out of a March 3, 2008 incident. Judge Michael P. Roewe sentenced the Defendant to 90 days in jail with 90 suspended, a $500 fine, and court costs for Resisting Arrest.

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NEWS RELEASE

September 8, 2009

Richard P. Sanders, 34 of Chehalis was convicted by a jury on September 8, 2009 in Lewis County District Court for Driving Under the Influence of Intoxicants (DUI) and Driving While License Suspended in the Third Degree (DWLS3). Sanders was charged by citation on June 17, 2009 with those crimes. The Defendant is facing up to one year in jail on the DUI conviction and up to ninety days on the DWLS3. A sentencing date has not yet been set.

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On September 4, 2009, after Bench Trial, Judge R.W. Buzzard of the Lewis County District Court found Robert J. Springer, age 20 of Ashford, guilty of Resisting Arrest. The Defendant was originally charged with Resisting Arrest by citation on May 8, 2009. The Defendant was sentenced to 90 days in jail with 29 suspended and credit for 61 days served, $500 in fines, $3050 in jail recovery costs, and other costs and assessments.

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NEWS RELEASE

September 3, 2009

On September 2, 2009, Judge R.W. Buzzard, Lewis County District Court, denied defense motions to suppress breath tests offered in three DUI cases. The defendants, Sarah Delp, Tyler Roberts, and Zachary Kinsman alleged that evidence of the breath test results in their cases should have been suppressed because the Washington State Patrol Toxicology Lab committed errors in testing. The defendants argued that errors committed by the toxicologists in testing solutions used in the BAC Datamaster Instrument caused breath tests performed on those machines to be unreliable. After hearing testimony from several toxicologists, and arguments from the prosecutor and counsel for the defendants, Judge Buzzard held that there was no evidence that the toxicologists had committed errors in testing and that the breath tests in all three cases were admissible. The defendants’ cases are set for trial later this year.

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NEWS RELEASE

September 2, 2009

Shandra Danielle Fickett, age 38, of Onalaska, Washington, was convicted at a jury trial on September 2, 2009 in Lewis County Superior Court for Possession of a Controlled Substance (methamphetamine). Shandra Danielle Fickett was charged by Information on March 11, 2009 with Possession of a Controlled Substance (methamphetamine). She was convicted as charged.

The Defendant is facing up to 6 months in the Lewis County Jail. A Sentencing date has not yet been set.

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NEWS RELEASE

September 1, 2009

Katrina Petra Frisbie, 24 years old of Vancouver, was convicted by a jury today in Lewis County Superior Court for Unlawful Issuance of Bank Checks. Frisbie was charged by Information on March 16, 2009 with Unlawful Issuance of Bank Checks and is facing up to 60 days of confinement. A sentencing hearing is set for September 16, 2009.

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On August 31, 2009, Mark Barrett, age 50 of Onalaska, was found not guilty by a jury in Lewis County District Court of Assault in the Fourth Degree and Unlawful Display of a Weapon. The Defendant was originally charged by complaint on June 10, 2009.

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