Prosecutor Blog
News Releases - November 2009 - Posted at: 11/18/2009 10:14:10 AM
NEWS RELEASE
November 18, 2009
Chandler Dean Geer, age 43, of Tenino, Washington, was found guilty of Burglary in the First Degree, Attempted Assault in the Second Degree with a deadly weapon enhancement and Assault in the Fourth Degree – Domestic violence, following a jury trial in Lewis County Superior Court on November 17, 2009. Geer was charged by Information on February 18, 2009, with Burglary in the First Degree, Attempted Assault in the Second Degree, Assault in the Fourth Degree – Domestic Violence, and Driving Under the Influence. The Driving Under the Influence charge was dismissed by the State prior to trial.
On the evening of February 16, 2009, Mr. Geer had patronized the Hub Tavern in Centralia. The bartenders refused to serve him alcohol because he appeared to be intoxicated. Mr. Geer was subsequently evicted from the bar by the bartender after he got into an altercation with another patron. Geer returned to his vehicle, assaulted his female companion, drove his vehicle onto the sidewalk in front of the tavern, entered with a metal pipe and assaulted the bartender.
The Defendant is facing a 15 – 20 month prison sentence plus an additional 6 months for the deadly weapon enhancement. A sentencing date will be set on November 19, 2009.
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SENTENCED:
David John Vernon, 41 of Mossyrock was sentenced on November 18, 2009, by Superior Court Judge Nelson Hunt. On September 25, 2009, a jury convicted Mr. Vernon of two counts of voyeurism. Mr. Vernon was subject to a sentence range of a minimum of 43-57 months to a maximum of 60 months on each count. Judge Hunt sentenced Mr. Vernon to an exceptional sentence of 60 months on each count to run consecutively, for a total confinement period of ten years. Formal entry of the judgment and sentence will be done on November 19, 2009.
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On November 16, 2009, Rick Allender, age 42 of Chehalis, was found guilty after Jury Trial in Lewis County District Court of Driving Under the Influence. The Defendant was originally charged by citation on January 31, 2009. Defendant is awaiting sentencing and faces up to 365 days in jail, a $5000 fine and one year revocation of his driver’s license.
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November 16, 2009
SENTENCED:
Jeffery William Deshotel, 47 of Chehalis, was sentenced by Judge James Lawler on November 16, 2009, in the Lewis County Superior Court for Harassment - Threat to Kill, a class C felony. Deshotel was charged by Information on July 31, 2009. The Defendant received a sentence of 12 months in the Lewis County Jail.
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Ronald Eugene Hickey, 49 of Centralia was convicted by a jury on November 6, 2009 in Lewis County Superior Court for Unlawful Imprisonment and Assault in the Fourth Degree. Mr. Hickey was found not guilty of Felony Harassment. Mr. Hickey was charged by Information on January 20, 2009 with Unlawful Imprisonment, Felony Harassment, and Assault in the Fourth Degree. The Defendant is facing 17 to 22 months in prison for Unlawful Imprisonment and up to 365 days on the Assault in the Fourth Degree charge. A sentencing date has not yet been set.
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Eric Leedy Kisor, 21 of Chehalis, was convicted by a jury on November 13, 2009, in Lewis County Superior Court on the charge of Attempted Child Molestation in the First Degree. Kisor was charged by Information on September 25, 2007. The Defendant faces a minimum sentence of between 38.25 and 51 months in prison to be determined by the sentencing judge and a maximum of life in prison as determined by the Department of Corrections. A sentencing date will be set on November 19, 2009, at 8:40 a.m.
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Dylan Harris Palmer, 23, of Rochester, Washington, was convicted by Judge Nelson Hunt after a stipulated facts bench trial on November 13, 2009 in Lewis County Superior Court for Possession of Methamphetamine, Possession of Heroin and Driving While License Suspended in the Third Degree. A motion to suppress the evidence was heard on October 14, 2009. The motion was denied. Sentencing is scheduled for December 9, 2009.
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On November 10, 2009, Benjamin LaMotte, age 18 of Mossyrock, was found guilty after Jury Trial in Lewis County District Court of Driving Under the Influence and Reckless Endangerment. The Defendant was originally charged by citation on June 26, 2009. Defendant is awaiting sentencing and faces up to 365 days in jail, a $5000 fine and one year revocation of his driver’s license.
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Geoffrey Knapp, 19, of SeaTac was sentenced on November 10, 2009 by Superior Court Judge James Lawler. Geoffrey Knapp plead guilty to one count of Possession of Marijuana Under 40 grams and was sentenced to 35 days in jail.
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On November 6, 2009, after Bench Trial before Judge R.W. Buzzard in Lewis County District Court, Rachel L. Grider, age 28 of Onalaska, was convicted of Driving While License Suspended in the First Degree – Habitual Traffic Offender. The Defendant was originally charged by citation on May 1, 2009. Judge R.W. Buzzard sentenced the Defendant to 365 days in jail with 355 days suspended, a $750 fine plus other court costs and assessments, and other standard conditions of sentencing.
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November 4, 2009
Michael Leo Filippi, age 54, of Morton, was convicted by a jury on November 4, 2009, in Lewis County Superior Court for Possession of a Controlled Substance (methamphetamine), and Bail Jumping. Michael Leo Filippi was charged by Information on April 13, 2009, with Possession of a Controlled Substance (methamphetamine). He failed to appear in court as ordered on August 13, 2009, which resulted in an additional charge of bail jumping. He was convicted of both counts as charged.
The Defendant is facing 3-8 months in the Lewis County Jail. Sentencing is set for November 5, 2009.
SENTENCED:
Michael Kenneth Jones, 25 of Centralia was sentenced on November 4, 2009, by Superior Court Judge Nelson Hunt. Michael Jones pled guilty to one count of Failure to Register as a Sex Offender on July 22, 2009. Judge Hunt sentenced Michael Jones to thirty days in the Lewis County Jail.
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Guadalupe John Aguirre, 26, of Centralia, pled guilty to Possession of Methamphetamine and Assault in the Fourth Degree – Domestic Violence. Superior Court Judge James Lawler sentenced Aguirre to a year and a day in prison for the Possession of Methamphetamine and to 365 days for the Assault in Fourth Degree – Domestic Violence.
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November 4, 2009
Angela Megan Gardner, age 29 of Mossyrock, was convicted by a jury on November 3, 2009 in Lewis County Superior Court for Theft of Rental, Leased, or Lease-Purchase Property. Gardner was charged by Information on August 14, 2009 with Theft of Rental, Leased, or Lease-Purchase Property. Gardner was sentenced by Judge Lawler, who presided over the two day trial, to 30 days of confinement, to be served out on electronic home monitoring, and a fine.
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SENTENCED:
Robert Fredrick Armbruster, 49 of Mineral, was sentenced by Lewis County Superior Court Judge James Lawler on October 30, 2009, in Lewis County Superior Court. Armbruster was convicted by a jury on October 28, 2009, of Assault in the Second Degree - Domestic Violence. Armbruster was charged by Information on August 31, 2009. The Defendant faced a standard sentencing range of 13-17 months in prison. Judge Lawler sentenced Armbruster to 17 months in prison.
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David Howard Mosteller, 57 of Centralia was sentenced on October 30, 2009, by Superior Court Judge James Lawler. Mr. Mosteller was charged by Information on December 1, 2008, with Assault in the Third Degree and Criminal Trespass in the First Degree and was found guilty of both charges by Judge Lawler on October 29, 2009. Subject to a sentencing range of 33 to 43 months, Mosteller was sentenced by Judge Lawler to 33 months in prison.
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News Releases - October 2009 - Posted at: 10/28/2009 4:10:27 PM
NEWS RELEASE
October 28, 2009
Robert Fredrick Armbruster, 49 of Mineral, was convicted by a jury on October 28, 2009, in Lewis County Superior Court for Assault in the Second Degree - Domestic Violence. Armbruster was charged by Information on August 31, 2009. The Defendant is facing a standard sentencing range of 13-17 months in prison. Sentencing is set for October 30, 2009, at 1:30 p.m. in front of Lewis County Superior Court Judge James Lawler.
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October 27, 2009
Scott Franklin Garrison, age 21, of Clackamas, Oregon, was convicted by a jury on October 27, 2009, in Lewis County Superior Court for Possession of a Controlled Substance (less than 40 grams of marijuana). Garrison was charged by Information on January 2, 2009 with Possession of a Controlled Substance (Ecstasy) and Possession of a Controlled Substance (marijuana). The jury acquitted the defendant of the Ecstasy charge.
Mr. Garrison was sentenced to 90 days in the county jail. The court suspended 88 of the 90 days, and gave Garrison credit for two days already served.
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On October 23, 2009, after Bench Trial in Lewis County District Court, Judge Michael P. Roewe found the Defendant Jacob I. Simon, age 18 of Mossyrock, not guilty of the crime of Minor in Possession and/or Consumption of Alcohol. The Defendant was originally charged by citation on July 31, 2009.
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Sarah Dungan, 20 of Boulder City, Nevada, originally charged by Information on March 6, 2009 with Theft of a Motor Vehicle, was found not guilty by Judge James Lawler on October 23, 2009.
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Stanley John Noga, III, 31 of Chehalis, originally charged by Information on May 20, 2009, with Assault of a Child in the Third Degree, was found not guilty by a jury on October 22, 2009.
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Hugo Flores Suarez, 23 of Centralia was sentenced on October 19, 2009, by Superior Court Judge James Lawler. Mr. Flores Suarez was charged by Amended Information on October 19, 2009 with Malicious Mischief in the First Degree, False Statements to a Public Servant, and Bail Jumping, pled guilty as charged, was subject to a sentencing range of 0 to 90 days as a First Time Offender. Judge Lawler sentenced Mr. Flores Suarez to 75 days in jail.
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October 26, 2009
Carl Robert Stanley, 21, of Mossyrock, was convicted by Judge Nelson Hunt after a stipulated facts bench trial on October 23, 2009 in Lewis County Superior Court for Possession of Cocaine. Carl Stanley was charged by Information on July 24, 2009 with Possession of Cocaine. A motion to suppress the evidence was heard on October 2, 2009. The motion was denied. Carl Stanley was sentenced to thirty days in jail. The sentence is stayed pending an appeal.
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On October 22, 2009, after the second day of jury trial in Lewis County District Court, a jury found the Defendant Daniel G. McCain, age 38 of Chehalis, guilty of the crime of Malicious Mischief in the Third Degree – Domestic Violence and not guilty of the crime of Assault in the Fourth Degree – Domestic Violence. The Defendant was originally charged by prosecutor complaint for an incident occurring on April 19, 2009. Sentencing will take place on October 27, 2009 before Judge R.W. Buzzard in Lewis County District Court.
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October 16, 2009
On October 16, 2009, Victor Bonagofski, age 66 of Centralia, was found guilty after Bench Trial of Driving While License Suspended third degree by Judge R.W. Buzzard in Lewis County District Court. The Defendant was originally charged by citation on February 17, 2009. The Defendant was sentenced to 90 days in jail. Defendant was also ordered to pay a $500 fine, jail costs of $4500, and other court costs and assessments.
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On October 16, 2009, Nicholas Kos, age 22 of Onalaska, was found not guilty after Bench Trial of Unlawful Hunting of Big Game second degree and Unlawful Transportation of Fish or Wildlife first degree by Judge R.W. Buzzard in Lewis County District Court. The Defendant was originally charged by complaint on March 31, 2009.
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October 13, 2009
Michael James Stedham, 20, of Napavine pled guilty to Animal Cruelty in the First Degree on October 12, 2009 in Lewis County Superior Court. Stedham had been charged by Information with that crime on August 6, 2009. Stedham was subject to a standard sentencing range of four to twelve months and received eight months in the Lewis County Jail. Stedham was also ordered to reimburse the county $1000 in jail costs along with standard fees and assessments. As part of his sentence, Stedham is prohibited from owning, possessing or caring for any animals.
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Damion Haddican, 17 years old, of Yelm, was found guilty of Robbery in the Second Degree at a fact-finding hearing held on October 13, 2009 before Judge Nelson Hunt, Lewis County Superior Court, Juvenile Division. Haddican was sentenced to 52 to 65 weeks in Juvenile Rehabilitation Administration.
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Tracy D. Hellem, 48, of Toledo was convicted of Telephonic Harassment by a jury on October 12, 2009 in Lewis County District Court. Hellem was charged with that crime by citation on June 7, 2009. The Defendant was sentenced to 365 days in jail, with all 365 days suspended, a $500 fine, and standard court costs. The Court also required the defendant to obtain an alcohol and drug evaluation within 30 days.
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October 9, 2009
On October 9, 2009 Lewis County prevailed in its forfeiture claim against convicted marijuana grower Randy Harkness. First arrested and convicted of growing marijuana on the property in 2003, Harkness was arrested again in 2004. Police found in excess of 500 plants in an outbuilding on the property, as well as enough power, equipment and chemicals to maintain the commercial sized crop.
In November 2007, subsequent to the Defendant’s second conviction, the Lewis County Sheriff’s Office filed a civil a forfeiture action against the property held by Mr. Harkness. As a result of the Court’s order, the Lewis County Sheriff’s Office owns a one-half interest in the property. Mr. Harkness’ mother still owns the other half.
Proceeds from any future sale of this property will be used to fund drug interdiction.
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On October 9, 2009, Raymond McIver, age 49 of Longview, was found guilty after Bench Trial of Unlawful Use of Department Lands by Judge Michael P. Rowe in Lewis County District Court. The Defendant was originally charged by citation on May 26, 2007. The Defendant was sentenced to 90 days in jail, 87 days of which were suspended, and credit was given for time served. The defendant was also order to pay a $150 fine, as well as court costs, warrant fees and assessments.
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October 5, 2009
Tanna M. Novak, 25, of Centralia, Washington was convicted by a jury on October 5, 2009 in Lewis County District Court for Violation of a Protection Order. Novak was charged by Complaint on May 6, 2009 with that crime. The Court sentenced Ms. Novak to 365 days in jail with 360 days suspended and a $750 fine.
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Kelsie Lovenia Villalobos, 26, of McCleary, Washington was convicted of three counts of Forgery by Judge Richard Brosey on October 2, 2009 in Lewis County Superior Court. Villalobos was charged by Information on August 5, 2009 with Identity Theft and three counts of Forgery. The Court has reserved ruling on the charge of Identity Theft until October 16, 2009. Villalobos will also be sentenced on that date.
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October 2, 2009
Daniel Andrew Michael Ward, age 20 of Rochester, was sentenced on October 2, 2009 by Superior Court Judge James Lawler. Ward was charged by Information on February 19, 2009 with Assault in the Second Degree while armed with a deadly weapon and Malicious Harassment and was later found guilty of Assault in the Second Degree while armed with a deadly weapon, but acquitted of Malicious Harassment, by a jury on July 29, 2009. Ward was subject to a sentencing range of three to nine months preceded by a twelve month sentence enhancement. Judge Lawler sentenced Ward to 21 months in prison and ordered him to pay costs, fees, penalties and assessments.
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News Releases - September 2009 - Posted at: 9/25/2009 4:51:07 PM
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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News Releases - August 2009 - Posted at: 9/3/2009 5:40:36 PM
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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NEWS RELEASE
August 31, 2009
On August 27-28, 2009, the trial of Caleb Leedy Kisor, 20 of Chehalis, took place in Lewis County Superior Court on the charge of Attempted Child Molestation in the First Degree. The jury could not reach a verdict and, as a result, Judge James Lawler declared a mistrial. A new trial date will be set in court on September 17, 2009.
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Alvin Fitzgerald, 69, of Chehalis was scheduled for trial before Superior Court Judge Richard Brosey on August 31, 2009. Fitzgerald was originally charged by Information on June 9, 2008 with Assault in the Second Degree. At the request of the defense,trial has been continued to the week of January 11, 2010.
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NEWS RELEASE
August 27, 2009
On August 27, 2009, Lewis County Superior Court Judge Nelson Hunt dismissed with prejudice the criminal case against Daniel Alexis Garcia, age 20, of Tacoma. Mr. Garcia had been charged by Information on May 26, 2009 with the crime of Harassment-Threats to Kill-Domestic Violence for having allegedly made threats on the life of his sister while he was being booked into the Lewis County Jail following an arrest by the Morton Police Department for Driving Under the Influence of Intoxicants. The dismissal came as the result of a Lewis County Sheriff’s Office Correction Officer’s failure to appear to testify. Although Judge Hunt found no fault on the part of the Prosecuting Attorney, because the jury had already been impaneled, he held that a retrial would violate the prohibition against double-jeopardy.
The Probable Cause Statement filed along with the Information on May 26, 2009, details the statements allegedly made by Mr. Garcia to the Corrections Officer during the booking process. Testimony at trial by the Officer would have been the only direct evidence of threats having been made by the defendant. Attempts by the Lewis County Prosecuting Attorney’s Office and the Lewis County Sheriff’s Office to locate the witness have so far been unsuccessful.
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NEWS RELEASE
August 26, 2009
Blake West, age 16, of Randle, Washington was convicted of Residential Burglary and Theft in the Second Degree at a fact-finding hearing held before Judge Richard Brosey, Lewis County Superior Court, Juvenile Division on August 25, 2009.West was charged by information on February 2, 2009. Sentencing will be held on September 15th, 2009.
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NEWS RELEASE
August 24, 2009
Linda Lee Reichel, 48, of Rainier, was ordered on Friday August 21, 2009, to pay $276,623.16 as restitution to Daniel Shoultz Contractor, Inc., of Centralia, by a Lewis County Superior Court judge. Reichel, who had been employed as a bookkeeper by Shoultz, was charged in October of 2007 with Theft in the First Degree after an investigation revealed that she had stolen thousands of dollars from the company’s business accounts. Reichel pled guilty to the charge in September of 2008 and was sentenced in February of 2009. A restitution hearing was scheduled for Friday. At the hearing, Reichel and the Lewis County Prosecutor’s Office presented an order stipulating to the restitution amount, which was accepted by the court.
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David Lee Martin, 19, of Toledo, Washington, was found guilty of Attempting to Elude a Pursuing Police Vehicle on August 24, 2009 by Lewis County Superior Court Judge James Lawler. David Martin was charged by Information on May 21, 2009 with Attempting to Elude a Pursuing Police Vehicle and Driving While License Suspended. The Driving While License Suspended charge was dismissed prior to trial. David Martin was sentenced on August 24, 2009. While the State requested that the defendant be sentenced to 60 days in jail, Mr. Martin was sentenced to 30 days in jail, the option for alternative sanctions, to commence immediately.
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Kraig Kostanich, age 31 of Chehalis, was found not guilty by a jury in Lewis County District Court on August 24, 2009, of Driving Under the Influence. The Defendant was originally charged by complaint on May 27, 2009.
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NEWS RELEASE
August 21, 2009
On August 19, 2009, at a motion hearing in the matter of State v. Homan, in Lewis County District Court, Defendant’s Motion to Dismiss was heard before Judge Michael P. Roewe. At that time the charges of Failure to Report, Making a False or Misleading Statement to a Law Enforcement Officer, and Obstructing a Law Enforcement Officer were before the Court. The State conceded that there were not facts to support Failure to Report, which was dismissed, but challenged the other two charges and filed response for those two counts. The Court ruled that only the facts set forth in Defendant’s Motion would be considered, as the State’s Motion filed that day prior to the hearing was deemed untimely. The Court heard argument from the parties and took the matter under advisement. Today, after reviewing Defendant’s Motion, the Court held that all counts would be dismissed without prejudice as there were no facts in Defendant’s Motion to support the charges. The Court did not preclude the State from filing response in any possible future refiling. Based upon the dismissal being without prejudice, the State may refile the charges in normal course, if it chooses to do so.
Because of the nature of the case, Lewis County Prosecutor Michael Golden has placed the deputy prosecutor who supervises the District Court deputies, and was the deputy in charge of this case, on administrative leave pending the conclusion of an investigation.
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NEWS RELEASE
August 20, 2009
Nathan Jeffrey Holmes, 22, of Pe Ell, was found guilty at a bench trial in Lewis County Superior Court of Failure to Obey an Officer. Holmes had been charged by Information on November 18, 2008 with Attempting to Elude a Pursuing Police Vehicle but Superior Court Judge Nelson Hunt found that Mr. Holmes’ conduct was inappropriate and criminal but not reckless beyond a reasonable doubt and so convicted him of the lesser included offense. Nathan Holmes faces a possible sentence of a maximum $1,000 fine and zero to 90 days in jail. Sentencing is scheduled for September 16, 2009 at 9:00 a.m.
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NEWS RELEASE
August 18, 2009
On August 18, 2009, prior to the case proceeding to trial by jury, the State had to dismiss its case based upon the failure of the alleged victim to appear for trial. The Defendant Brian B. Coleman, age 59 of Randle, was charged with Assault in the Fourth Degree Domestic Violence and Harassment Domestic Violence. Judge R.W. Buzzard will rule as to whether or not the charges must be dismissed with or without prejudice at a later date. The Court noted that in either event the dismissal was not by fault of the State.
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NEWS RELEASE
August 14, 2009
Raymall Arthur Jameson, Jr., 52, of Tacoma, Washington, was convicted by a jury on August 13, 2009, in Lewis County Superior Court for Felony Driving Under the Influence, Driving While License Suspended in the First Degree, and Ignition Interlock Violation. Mr. Jameson was charged by Information on June 22, 2009. The Defendant is facing 41 to 54 months in prison. Sentencing is set for August 26, 2009.
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NEWS RELEASE
August 14, 2009
James Dean Hamrick, 26, of Packwood, was convicted by a jury on August 14, 2009, in Lewis County Superior Court for Assault in the Fourth Degree – Domestic Violence after a jury could not reach a verdict on the greater charge of Assault in the Second Degree – Domestic Violence. Hamrick was charged by Information on June 17, 2009. The Defendant faced a sentencing range of 0-365 days in jail. On August 14, 2009, Judge James Lawler imposed a sentence of 275 days in jail.
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NEWS RELEASE
August 10, 2009
Donald L. Gilpin, age 35 of Chehalis, was found guilty on August 10, 2009, by a jury in Lewis County District Court of Assault Fourth Degree with a special verdict of Domestic Violence. The Defendant was originally charged by citation on May 28, 2009, and is facing up to 365 days in jail and $750 in fines as well as court costs and assessments, monitored probation, a domestic violence impact panel, and any other conditions set by the sentencing judge. A sentencing date will be set once a presentence investigation has been done by the Lewis County Probation Department.
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NEWS RELEASE
August 7, 2009
Gary Nelson Erdman, 44, of Ethel, Washington, was found not guilty on August 7, 2009 by Judge James Lawler in Lewis County Superior Court. Gary Erdman was charged by Information on January 28, 2009 with Failure to Register as a Sex Offender. The admission by the defendant that he had not slept at his registered address in two months was found to be insufficient proof of his having changed residence without notification to authorities.
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NEWS RELEASE
August 7, 2009
On August 6, 2009, at a trial confirmation hearing in Lewis County District Court, Judge R.W. Buzzard granted defense counsel Jonathan Meyer’s motion to dismiss all criminal charges against Defendant Everett L. Fairchild on the basis that the Defendant had been prejudiced in his case. The Defendant, age 48 of Toledo, was charged by complaint with one count of Assault in the Fourth Degree with Sexual Motivation and three counts of Indecent Exposure out of alleged incidents that took place between 2007 and 2008.
On July 30, 2009 the State made a motion to reset the trial until one week later so that the Prosecution might review recently received defense witness information, and so that there would be sufficient days available for trial. Judge Michael P. Rowe granted the motion and reset the trial for August 11, 12, 13 and 14. On August 6, 2009 defense counsel argued that because of the one week delay, two proposed defense witnesses would not be available to testify at trial. All charges were dismissed by Judge R.W. Buzzard with prejudice. The Lewis County Prosecuting Attorney is waiting to review the Court’s forthcoming written findings of fact and conclusions of law before deciding what action to take.
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NEWS RELEASE
August 4, 2009
Anthony Keatley Scarsella, of Centralia, was acquitted by Judge Brosey on August 3, 2009 in Superior Court for Lewis County—Juvenile Division, after a two day bench trial, of three counts of Vehicular Assault. Scarsella was charged by information on March 11, 2009. Scarsella was charged with operating a motor vehicle with disregard for the safety of others, causing substantial bodily harm to another.At the fact finding hearing, the State offered evidence that on or about the evening of Saturday, November 22, 2008, Anthony Scarsella was 16 years of age and operating a motor vehicle on an intermediate license that prohibited him from carrying the four juvenile passengers that were with him that night. The vehicle had seat belts for only three of the four passengers. In heavy fog, while driving in excess of the speed limit, Mr. Scarsella ran a stop sign at a T-intersection, crossed an unimpeded lane of traffic, jumped a ditch and crashed into an embankment. Three of the passengers were badly hurt, with injuries ranging from a broken pelvis, to a fractured skull and subdural hematoma to a broken nose. At the close of evidence, Judge Richard Brosey ruled that the State failed to establish Mr. Scarsella’s actions constituted disregard for the safety of others. The State has no right of appeal from this decision.
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On August 3, 2009, Anthony E. Bannwarth, age 34 of Olympia, was found guilty of Driving Under the Influence by a jury in Lewis County District Court. The Defendant was originally charged by citation on March 30, 2008. The Defendant is facing up to 365 days in jail and $5000 in fines as well as court costs and assessments, monitored probation, alcohol treatment, and any other conditions set by the sentencing judge. A sentencing date will be set once a presentence investigation has been done by the Lewis County Probation Department.
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NEWS RELEASE
August 3, 2009
On July 27, 2009, the Western Washington Growth Management Hearings Board, the state administrative agency entrusted with enforcing the Growth Management Act (GMA), ruled that Lewis County has complied with the requirements of the GMA and the Growth Board’s orders concerning the expansion of the Urban Growth Areas of the Cities of Napavine and Toledo.
In 2008, Vince Panesko of Richland, Washington, Eugene Butler of Chehalis, and Futurewise, a community-based organization, appealed the County’s decision to the Growth Board, challenging the methodology used to determine the amount of land needed to accommodate the City of Napavine’s future growth. In it s July 27th ruling, the Growth Board approved a 404-acre expansion of the City of Napavine’s urban growth area, primarily extending west to and along Interstate 5. The Growth Board specifically recognized and noted the City’s need to expand to accommodate anticipated future growth.
The Board also approved the December 2007 expansion of the City of Toledo’s Urban Growth Area by approximately twenty (20) acres, including land to accommodate development proposed by the Cowlitz Indian Tribal Housing Authority. The City of Toledo approved the annexation of the additional lands in April 2008 and filed notice of its intention to annex with the Boundary Review Board. No one filed objections to the proposed annexation and it became final. The Growth Board’s July 27th ruling recognizes the finality of the annexation.
In a separate matter, the Lewis County Board of County Commissioners will hold a hearing on the proposed designation of agricultural resource lands (ARL) on August 10 at 10 a.m. in the Board of County Commissioners Hearing Room in the Historic Courthouse in Chehalis. All interested persons, including but not limited to those whose land has been proposed for designation as ARL, are encouraged to attend the hearing. The proposal has been posted on the County website and distributed to library branches in Centralia, Chehalis, Packwood, Randle, Salkum and Winlock, as well as to senior centers in Centralia/Chehalis, Morton, Packwood, Toledo and Winlock, and to the Post Office in Randle. The proposal may also be reviewed Monday through Friday, between 8 a.m. and 5 p.m., at the Community Development Office on Kresky Avenue in Chehalis.
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