Thursday, November 1, 2007

Everett police arrest one of two suspects in Aug. 21 shooting

By CASEY MCNERTHNEY
P-I REPORTER

Everett police arrested 25-year-old Steven Lavene Lee on Tuesday in connection with the Aug. 21 shooting death of Forrest Starrett in an Everett apartment complex.

Detectives are still searching for Tsegazeab Zerahaimanot, the other suspect wanted for investigation into the killing of Starrett.

Everett police detectives received a tip Wednesday morning saying Lee was living in SeaTac. Police spokesman Robert Goetz said Lee was arrested without incident and booked into the Snohomish County Jail and held on $1 million bail.

Police believe the two suspects thought Starrett was a police officer when he was killed after encountering the two men at an Everett apartment in the 8700 block of Holly Drive. Detectives say the men held guns to Starrett's head, forced him to empty his pockets and later killed him in the passenger seat of his vehicle.

Goetz said Zerahaimanot is considered armed and dangerous. Anyone with information about the case is asked to call the Everett police tip line at 425-257-8450.

Tuesday, October 30, 2007

Trial set for councilman accused of assault

TRACY JOHNSON
P-I REPORTER

Seattle City Councilman Richard McIver is now expected to face trial in December for an allegation that he assaulted his wife in their South Seattle home.

In a King County District Court hearing on Tuesday, Judge Linda Thompson set a hearing for Nov. 27 and the trial for the week of Dec. 10.

She will also consider whether police documents about the councilman's arrest should be released to the Seattle P-I, as the newspaper has requested, or whether a Superior Court judge should make that decision.

McIver, who did not attend Tuesday's hearing, has pleaded not guilty to fourth-degree assault. He is accused of grabbing his wife by the throat and arm in a drunken dispute Oct. 10. He spent two nights in jail but now remains free without bail.

Sunday, October 28, 2007

WA. STATE DUI SENTENCING GUIDE

WASHINGTON COURT - DUI Sentencing Grid (RCW 46.61.5055 as amended through June 10, 2004)

“Prior Offense” includes the following: (as defined in RCW 46.61.5055)Original Convictions for the following:

(1) DUI (RCW 46.61.502) (or an equivalent local ordinance)
(2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance)
(3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence
(4) Equiv. out-of-state statute for any of the above offenses

Amended Convictions for the following: If the person was originally charged with
DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)♦
(1) Neg. Driving 1st (RCW 46.61.5249)
(2) Reckless Driving (RCW 46.61.500)
(3) Reckless Endangerment (RCW 9A.36.050)
(4) Equiv. out-of-state or local ordinance for the above offenses

Deferred Prosecution Granted for the following:
(1) DUI (RCW 46.61.502) (or equivalent local ordinance)
(2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance)
(3) Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)

“Within seven years” means that the arrest for a prior offense(s) occurred within seven years of the arrest for the current offense. (as defined in RCW 46.61.5055)

Alcohol Concentration Less Than .15 or No Test ResultNo Prior Offenses Within Past Seven YearsOne Prior Offense Within PastSeven YearsTwo or More Prior Offenses Within Past Seven Years

Jail Time/EHM Time
First Offense: 1-365 Days (24 consecutive hours non-suspendable)
Second Offense: 30-365 Days (30 days non-suspendable); 60 Days Electronic Home Monitoring
Third Offense: 90-365 Days (90 days non-suspendable); 120 Days Electronic Home Monitoring

Fines
First Offense: $350-$5,000 ($823 total minimum fine w/statutory assessments****)
Second Offense: $500-$5,000 ($1,078 total minimum fine w/statutory assessments****)
Third Offense: $1,000-$5,000 ($1,928 total minimum fine w/statutory assessment****)

Driver's License Suspension: Per DOL
First Offense: 90 Day Suspension
Second Offense: Two Year Revocation
Third Offense: Three Year Revocation

Additionally:
Ignition Interlock Device may be ordered;
Alcohol/Drug Ed. or Treatment As Determined by the Court

Alcohol Concentration at Least .15 or Greater or Test RefusalNo Prior Offenses Within Past Seven YearsOne Prior Offense Within Past Seven YearsTwo or More Prior Offenses Within Past Seven Years

Jail Time/EHM Time
First Offense: 2-365 Days (2 consecutive mandatory); 30 Days Electronic Home Monitoring
Second Offense: 45-365 Days (45 days mandatory); 90 Days Electronic Home Monitoring
Tird Offense: 120-365 Days (120 days mandatory); 150 Days Electronic Home Monitoring

Fines
First Offense: $500-$5,000 ($1,078 total minimum fine w/statutory assessments****)
Second Offense: $750-$5,000 ($1,503 total minimum fine w/statutory assessments****)
Third Offense: $1,500-$5,000 ($2,778 total minimum fine w/statutory assessments****)

Driver's License Suspension: Per DOL
First Offense: One Year Revocation (2 Years if BAC refused; Chapter 95, Laws 2004)
Second Offense: Two Year Revocation (3 Years if BAC refused)
Third Offense: Four Year Revocation

Additionally:
Ignition Interlock Device may be ordered;
Alcohol/Drug Ed. or Treatment As Determined by the Court

If you or someone you know is currently facing DUI charges in Washington call; the Law Office of Kurt E. Boehl at 206-728-0200

Your Rights If You are Stopped for a DUI in Washington

1. You have a right to decline to answer any questions. You may be required to identify yourself but you are not required to make statements or answer questions. You should remember that whatever you say to the officer will likely be used against you if charges are filed.

2. Field sobriety tests are "VOLUNTARY," and you have a right to decline. You also have the right to decline to take a portable or preliminary breath test at the roadside.

3. You have a right to refuse to consent to any search of your person, property, or vehicle. However, the police may search you or your vehicle without a warrant in the following circumstances:

* After a lawful arrest police may search you, and if you were in a vehicle immediately prior to your arrest, the police may search your vehicle.
* Police may search you for weapons if they have a reasonable suspicion you are armed and dangerous.
* Police may search the area immediately around you.
* In certain emergency situations, the police may search if they have probable cause to believe evidence will be found, but it would be destroyed before a warrant could be obtained.
* Police may search your vehicle if they are placing it in impound.

4. You have a right to speak with an attorney before making any decision about a breath or blood test. The police must advise you of that right as soon as practical after you are arrested. In addition, before you decide to take a breath test, the police must provide you with an opportunity to talk to a lawyer. In most cases, you can be put immediately in touch with an on-call attorney at no cost to you, no matter what the time.

5. After being taken into custody, you have the right to an additional breath test performed by a qualified person of your choosing. If you obtain a second test, immediately after your release from custody, this test may be used to challenge the accuracy of the test administered by the police.