By CHRIS DANIELS / KING 5 News
KENT, Wash. – Should police be allowed to impound cars used by men who solicit prostitutes?
That's the pitch from the Kent Police Department, which is pitching the idea as a new way to deter prostitution in their city.
"Our neighborhood along Pacific Highway South deserves better, and that's part of the initiative and that's part of the message to change the paradigm," says Kent Police Chief Steve Strachan.
Strachan's department has recently been cracking down on the crime in recent months, while pitching a proposal to State Lawmakers.
Two bills are now in the Legislature which would impound the cars of suspected Johns, and force them to pay a $500 fine to get it back.
"All of those dollars (would) go to a state fund that funds intervention and prevention, so instead of Johns approaching the girls, we have service workers approaching them," Strachan says.
The local chapter of the ACLU says it has no objections to the bill in its current form, and is not taking a stance on the issue.
The two bills:
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1362&year=2009
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5934&year=2009
Experienced legal counsel to cannabis businesses, entrepreneurs, and patients.
Seattle, Washington (206) 728-0200
Saturday, March 14, 2009
Suspended Wash. policeman found not guilty
A suspended policeman has been acquitted of first-degree assault and reckless endangerment by a Spokane County Superior Court jury for shooting a man in the head two years ago.
SPOKANE, Wash. —
A suspended policeman has been acquitted of first-degree assault and reckless endangerment by a Spokane County Superior Court jury for shooting a man in the head two years ago.
A city spokeswoman told The Spokesman-Review after Friday afternoon's verdict that 45-year-old officer Jay Olsen will be paid all his back pay according to civil service rules. He is a 16-year veteran of the Spokane Police Department.
Following his acquittal, Olsen was placed on paid administrative leave pending the outcome of an internal affairs investigation. He had been on unpaid layoff status since his April 2007 arrest.
Olsen was charged with first-degree assault and two counts of reckless endangerment after a chase Feb. 26, 2007, that ended in the shooting of 29-year-old Shonto Pete in a Spokane neighborhood. He was off duty at the time of the shooting.
The bullet that hit Pete in the head lodged in his scalp.
---
Information from: The Spokesman-Review, http://www.spokesman.com
SPOKANE, Wash. —
A suspended policeman has been acquitted of first-degree assault and reckless endangerment by a Spokane County Superior Court jury for shooting a man in the head two years ago.
A city spokeswoman told The Spokesman-Review after Friday afternoon's verdict that 45-year-old officer Jay Olsen will be paid all his back pay according to civil service rules. He is a 16-year veteran of the Spokane Police Department.
Following his acquittal, Olsen was placed on paid administrative leave pending the outcome of an internal affairs investigation. He had been on unpaid layoff status since his April 2007 arrest.
Olsen was charged with first-degree assault and two counts of reckless endangerment after a chase Feb. 26, 2007, that ended in the shooting of 29-year-old Shonto Pete in a Spokane neighborhood. He was off duty at the time of the shooting.
The bullet that hit Pete in the head lodged in his scalp.
---
Information from: The Spokesman-Review, http://www.spokesman.com
Tuesday, March 10, 2009
Manslaughter charge in Fort Lewis girl's death
The Army has charged a 19-year-old soldier from Indiana in the fatal drug overdose of a 16-year-old girl at a Fort Lewis barracks.
FORT LEWIS, Wash. —
The Army has charged a 19-year-old soldier from Indiana in the fatal drug overdose of a 16-year-old girl at a Fort Lewis barracks.
Pvt. Timothy E. Bennitt, a heavy construction equipment operator from Rolling Prairie, Ind., faces charges of involuntary manslaughter, wrongful use and distribution of controlled substances, and conspiracy to use controlled substances. He is assigned to the 555th Engineer Brigade.
The girl, Leah King, a high school sophomore from Lakewood, had been dating Bennitt for about a month, officials said. She was found dead in the barracks early on Feb. 15. Another 16-year-old girl was found unconscious and eventually recovered. Army pathologists and investigators determined that King overdosed on an antidepressant marketed as Xanax and a painkiller called oxymorphone, some of which she had apparently inhaled after the pills were crushed.
Army officials said Bennitt, 19, is also under investigation for distributing drugs to other soldiers, including oxycodone and marijuana, and taking drugs himself. If convicted of all charges he could face up to 82 years in confinement, forfeiture of all pay and allowances, and a dishonorable discharge.
The charges against him will be presented to an investigating officer in an Article 32 hearing, the equivalent of a civilian grand jury, and that officer will recommend whether to proceed with a court martial.
King's death revealed that many juveniles from the area enter Fort Lewis with soldiers to attend parties. In response, the base changed its procedures to require all minors to be signed in at the Fort Lewis visitor center, and to deny access to those who do not appear to have a legitimate reason for being on base. Officials also increased the number of random checks they do of cars entering the base to ensure minors aren't entering the post inappropriately.
Bennitt entered the Army in June 2007 and reported to Fort Lewis that December, after training at Fort Sill, Okla., and Fort Leonard Wood, Mo. He has not deployed to Iraq or Afghanistan.
FORT LEWIS, Wash. —
The Army has charged a 19-year-old soldier from Indiana in the fatal drug overdose of a 16-year-old girl at a Fort Lewis barracks.
Pvt. Timothy E. Bennitt, a heavy construction equipment operator from Rolling Prairie, Ind., faces charges of involuntary manslaughter, wrongful use and distribution of controlled substances, and conspiracy to use controlled substances. He is assigned to the 555th Engineer Brigade.
The girl, Leah King, a high school sophomore from Lakewood, had been dating Bennitt for about a month, officials said. She was found dead in the barracks early on Feb. 15. Another 16-year-old girl was found unconscious and eventually recovered. Army pathologists and investigators determined that King overdosed on an antidepressant marketed as Xanax and a painkiller called oxymorphone, some of which she had apparently inhaled after the pills were crushed.
Army officials said Bennitt, 19, is also under investigation for distributing drugs to other soldiers, including oxycodone and marijuana, and taking drugs himself. If convicted of all charges he could face up to 82 years in confinement, forfeiture of all pay and allowances, and a dishonorable discharge.
The charges against him will be presented to an investigating officer in an Article 32 hearing, the equivalent of a civilian grand jury, and that officer will recommend whether to proceed with a court martial.
King's death revealed that many juveniles from the area enter Fort Lewis with soldiers to attend parties. In response, the base changed its procedures to require all minors to be signed in at the Fort Lewis visitor center, and to deny access to those who do not appear to have a legitimate reason for being on base. Officials also increased the number of random checks they do of cars entering the base to ensure minors aren't entering the post inappropriately.
Bennitt entered the Army in June 2007 and reported to Fort Lewis that December, after training at Fort Sill, Okla., and Fort Leonard Wood, Mo. He has not deployed to Iraq or Afghanistan.
Monday, March 9, 2009
Criminals could be free from probation
By MADELYN FAIRBANKS
P-I REPORTER
OLYMPIA -- A bill that would allow certain criminal offenders to say goodbye to their community supervision made it through another one of the Legislature's hoops this week, but concern about the measure remains.
At the bill's first hearing in the House, Don Pierce, executive director of the Washington Association of Sheriffs and Police Chiefs, supported the bill "with some discomfort," but felt that if the Legislature must make cuts in the Department of Corrections, supervision of low- to moderate-risk offenders would be the right place.
Lawmakers, facing an $8 billion budget deficit, are looking for ways to save money.
The bill's original sponsor, Sen. James Hargrove, D-Hoquiam, estimates the cost savings to the state to be roughly $40 million for the next biennium, with $1.5 million in savings for the current biennium if the Legislature moves quickly enough.
"This measure, if enacted, will have some level of adverse affect on community safety," Pierce said. "But other places would have a much more significant impact on the community we're sworn to protect."
Senate Bill 5288, which would lower the number of criminal offenders on parole or probation, reflects suggestions made by the governor to reduce the growing budget deficit by making cuts in the Corrections Department.
The current, revised bill would eliminate supervision of low- and moderate-risk offenders unless they were convicted of a violent offense, a crime against a person, or ordered to chemical dependency treatment.
Their supervision would be terminated after six months if they have not reoffended.
Those offenders categorized as high risk, or low to moderate risk convicted of a sex offense, would still be supervised.
Rep. Bruce Dammeier, R-Puyallup, is concerned that the bill doesn't address the issue of domestic violence seriously enough.
"I will be looking very closely to the areas of gross misdemeanants with relation to domestic violence," Dammeier said.
Under the current wording of the bill, gross misdemeanants would not be supervised by parole or probation.
There are 4,300 gross misdemeanants who would be unsupervised under SB 5288.
"I'm sensitive to the fact that we need to protect" domestic crime victims, Dammeier said.
Some domestic violence offenders are put in the high-risk or gross misdemeanant probationer category -- under current law, these types of offenders are under supervision by a corrections officer.
SB 5288 would eliminate their supervision completely.
Hargrove said changing the bill so that these specific levels of domestic violence offenders would be supervised would cut the majority of the state's potential savings.
"We looked at that, and I believe that such a large percentage of those, if you included all domestic violence offenses, your savings would drop to about $10 million," Hargrove said.
"In other words, it's a huge chunk of that bottom category, so it was a very big moving piece."
Although some domestic violence offenders won't escape supervision because their relative threat to the community will put them in a high-risk to reoffend category, Ginger Richardson, a community corrections officer in King County, is concerned that their convictions, and therefore their categorizations, won't accurately depict the seriousness of their threat level.
"It's usually about the fifth or sixth time that (domestic violence victims) finally call the cops, that they go forward with filing charges.
"They've got to survive, they've got kids, things like that," Richardson said.
Richardson also worried that with the elimination of supervision for some domestic violence offenders who are categorized as misdemeanants by having pleaded down their charges, corrections officers would have no way of enforcing the offender to go to treatment.
"Many just wouldn't go," Richardson said.
The cost-savings would ultimately mean a big job loss for community corrections officers.
Eldon Vail, secretary of the Department of Corrections, estimates that nearly 300 jobs would be lost.
"Primarily how to save money will be laying off staff," Vail said.
P-I REPORTER
OLYMPIA -- A bill that would allow certain criminal offenders to say goodbye to their community supervision made it through another one of the Legislature's hoops this week, but concern about the measure remains.
At the bill's first hearing in the House, Don Pierce, executive director of the Washington Association of Sheriffs and Police Chiefs, supported the bill "with some discomfort," but felt that if the Legislature must make cuts in the Department of Corrections, supervision of low- to moderate-risk offenders would be the right place.
Lawmakers, facing an $8 billion budget deficit, are looking for ways to save money.
The bill's original sponsor, Sen. James Hargrove, D-Hoquiam, estimates the cost savings to the state to be roughly $40 million for the next biennium, with $1.5 million in savings for the current biennium if the Legislature moves quickly enough.
"This measure, if enacted, will have some level of adverse affect on community safety," Pierce said. "But other places would have a much more significant impact on the community we're sworn to protect."
Senate Bill 5288, which would lower the number of criminal offenders on parole or probation, reflects suggestions made by the governor to reduce the growing budget deficit by making cuts in the Corrections Department.
The current, revised bill would eliminate supervision of low- and moderate-risk offenders unless they were convicted of a violent offense, a crime against a person, or ordered to chemical dependency treatment.
Their supervision would be terminated after six months if they have not reoffended.
Those offenders categorized as high risk, or low to moderate risk convicted of a sex offense, would still be supervised.
Rep. Bruce Dammeier, R-Puyallup, is concerned that the bill doesn't address the issue of domestic violence seriously enough.
"I will be looking very closely to the areas of gross misdemeanants with relation to domestic violence," Dammeier said.
Under the current wording of the bill, gross misdemeanants would not be supervised by parole or probation.
There are 4,300 gross misdemeanants who would be unsupervised under SB 5288.
"I'm sensitive to the fact that we need to protect" domestic crime victims, Dammeier said.
Some domestic violence offenders are put in the high-risk or gross misdemeanant probationer category -- under current law, these types of offenders are under supervision by a corrections officer.
SB 5288 would eliminate their supervision completely.
Hargrove said changing the bill so that these specific levels of domestic violence offenders would be supervised would cut the majority of the state's potential savings.
"We looked at that, and I believe that such a large percentage of those, if you included all domestic violence offenses, your savings would drop to about $10 million," Hargrove said.
"In other words, it's a huge chunk of that bottom category, so it was a very big moving piece."
Although some domestic violence offenders won't escape supervision because their relative threat to the community will put them in a high-risk to reoffend category, Ginger Richardson, a community corrections officer in King County, is concerned that their convictions, and therefore their categorizations, won't accurately depict the seriousness of their threat level.
"It's usually about the fifth or sixth time that (domestic violence victims) finally call the cops, that they go forward with filing charges.
"They've got to survive, they've got kids, things like that," Richardson said.
Richardson also worried that with the elimination of supervision for some domestic violence offenders who are categorized as misdemeanants by having pleaded down their charges, corrections officers would have no way of enforcing the offender to go to treatment.
"Many just wouldn't go," Richardson said.
The cost-savings would ultimately mean a big job loss for community corrections officers.
Eldon Vail, secretary of the Department of Corrections, estimates that nearly 300 jobs would be lost.
"Primarily how to save money will be laying off staff," Vail said.
Thursday, March 5, 2009
Army captain charged with stealing $690,000
An Army captain stationed at Fort Lewis has been charged with stealing nearly $700,000 from the government while he was serving in Iraq.
PORTLAND, Ore. —
An Army captain stationed at Fort Lewis has been charged with stealing nearly $700,000 from the government while he was serving in Iraq.
A federal grand jury in Portland indicted Capt. Michael Dung Nguyen on charges of theft of government property, money laundering and structuring financial transactions.
The indictment alleges that between April 2007 and February, the 28-year-old Nguyen stole more than $690,000 in U.S. currency entrusted to him as the battalion civil affairs officer in Muqdadiyah, Iraq.
Prosecutors say the funds were designated for local commanders in Iraq and Afghanistan to respond to urgent humanitarian relief and reconstruction.
The indictment resulted from an Internal Revenue Service investigation after IRS agents tracked large cash deposits.
PORTLAND, Ore. —
An Army captain stationed at Fort Lewis has been charged with stealing nearly $700,000 from the government while he was serving in Iraq.
A federal grand jury in Portland indicted Capt. Michael Dung Nguyen on charges of theft of government property, money laundering and structuring financial transactions.
The indictment alleges that between April 2007 and February, the 28-year-old Nguyen stole more than $690,000 in U.S. currency entrusted to him as the battalion civil affairs officer in Muqdadiyah, Iraq.
Prosecutors say the funds were designated for local commanders in Iraq and Afghanistan to respond to urgent humanitarian relief and reconstruction.
The indictment resulted from an Internal Revenue Service investigation after IRS agents tracked large cash deposits.
Monday, March 2, 2009
Threat to kill Wash. municipal judge reported
One man has been arrested and police are looking for a second man after a threat to kill Tacoma Municipal Court Elizabeth Verhey was reported.
TACOMA, Wash. —
One man has been arrested and police are looking for a second man after a threat to kill Tacoma Municipal Court Elizabeth Verhey was reported.
Pierce County prosecutors have charged Ronald Ewing, 51, with intimidating a judge and felony harassment. Darrel Talbott, 61, also was charged and is being sought by police.
Prosecutors said a witness told police that he heard Ewing and Talbott discussing killing the judge sometime in February.
Court papers said the witness told police that Talbott ordered guns by telephone and that the two men discussed "taking a 'long shot' at the judge with a rifle." The News Tribune reported the men were apparently angry at a sentence she gave Talbott.
The court papers said the witness told police the threats were made at a house in Tacoma.
The documents said Ewing mentioned that Verhey was about to sentence him, and Talbott responded by saying he wanted to harm her.
"The witness expressed the belief that Talbott was angry enough to kill Judge Verhey," the papers said.
Talbott has been before Verhey many times and Ewing had a scheduled court date Wednesday in Tacoma Municipal Court, according to the papers. They didn't specify what the charge is, but KING-TV reported that the judge was scheduled to sentence Talbott for a drunken driving charge this month.
Tacoma police spokesman Mark Fulghum said Ewing was arrested Thursday. He was arraigned in Pierce County Superior Court Friday.
Meanwhile, Verhey is refusing to talk to the media because of safety concerns and didn't let television cameras in her courtroom last week.
Court Administrator Yvonne Pettus said she was working with officials at the County-City Building to ensure that courtrooms are secure.
"The judge is just being careful, changing driving routes, that kind of thing," Pettus said.
---
Information from: The News Tribune, http://www.thenewstribune.com
TACOMA, Wash. —
One man has been arrested and police are looking for a second man after a threat to kill Tacoma Municipal Court Elizabeth Verhey was reported.
Pierce County prosecutors have charged Ronald Ewing, 51, with intimidating a judge and felony harassment. Darrel Talbott, 61, also was charged and is being sought by police.
Prosecutors said a witness told police that he heard Ewing and Talbott discussing killing the judge sometime in February.
Court papers said the witness told police that Talbott ordered guns by telephone and that the two men discussed "taking a 'long shot' at the judge with a rifle." The News Tribune reported the men were apparently angry at a sentence she gave Talbott.
The court papers said the witness told police the threats were made at a house in Tacoma.
The documents said Ewing mentioned that Verhey was about to sentence him, and Talbott responded by saying he wanted to harm her.
"The witness expressed the belief that Talbott was angry enough to kill Judge Verhey," the papers said.
Talbott has been before Verhey many times and Ewing had a scheduled court date Wednesday in Tacoma Municipal Court, according to the papers. They didn't specify what the charge is, but KING-TV reported that the judge was scheduled to sentence Talbott for a drunken driving charge this month.
Tacoma police spokesman Mark Fulghum said Ewing was arrested Thursday. He was arraigned in Pierce County Superior Court Friday.
Meanwhile, Verhey is refusing to talk to the media because of safety concerns and didn't let television cameras in her courtroom last week.
Court Administrator Yvonne Pettus said she was working with officials at the County-City Building to ensure that courtrooms are secure.
"The judge is just being careful, changing driving routes, that kind of thing," Pettus said.
---
Information from: The News Tribune, http://www.thenewstribune.com
Seattle Marijuana Policy Review Panel Concludes I-75 Working As Intended
From NORML Website
January 3, 2008 - Seattle, WA, USA
Seattle, Washington: Initiative 75, passed by the Seattle, WA voters in September of 2003, requires that "the Seattle Police Department and City Attorney’s Office shall make the investigation, arrest and prosecution of marijuana offenses, when the marijuana was intended for adult personal use, the city’s lowest law enforcement priority." The ordinance subsequently adopted by the Seattle City Council to implement the new policy included provisions for the president of the city council to appoint an eleven-member Marijuana Policy Review Panel to assess and report on the effects of this ordinance.
Today, following more than three years of meetings and reviews, the Marijuana Policy Review Panel issued their final report, including the following conclusions and findings:
I. I-75 was implemented and following its implementation there were reductions both in the number of Seattle Police Department marijuana incident referrals and in the number of Seattle City Attorney filings of marijuana charges, although it is impossible to say whether these reductions were the result of I-75;
II. There is no evidence of any adverse effect of the implementation of I-75, including specifically
1. no evident increase in marijuana use among youth and young adults:
2. no evident increase in crime; and
3. no adverse impact on public health.
III. There is some evidence of arguably positive effects from I-75in the following substantive areas examined:
1. Fewer adults experiencing the consequences of involvement in the criminal justice system due to their personal use of marijuana; and,
2. A small reduction in the amount of public safety resources dedicated to marijuana possession cases and a corresponding slight increase in availability of these resources for other public safety priorities.
The panel then recommended that the City Council (1) keep the current ordinance in effect; (2) require the City Attorney’s Office to provide the city council with an annual report describing the disposition of each case in which an individual was referred for misdemeanor marijuana charges, tracking the disposition of the charges, including an analysis of the racial and gender breakdown of those referred for prosecution; and (3) disband the Marijuana Policy Review Panel.
NORML Board member Dominic Holden, a Seattle resident who led the successful effort to pass I-75 and is one of the 11-members appointed by the City Council President to serve on the review panel, stated:
"The panel’s report is the first of its kind in the US to show that de-prioritizing marijuana enforcement has no negative impact on society. In contrast, this report shows that the measure freed up limited law enforcement resources to focus on violent and dangerous crime. This is the result that initiative backers and endorsers, including the League of Women Voters, promised voters when I-75 was on the ballot.
To view the final version of Seattle’s Marijuana Policy Review, visit http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe?s1=&s2=&s3=&s4=marijuana&Sect4=AND&l=20&Sect2=THESON&Sect3=PLURON&Sect5=CFCF1&Sect6=HITOFF&d=CFCF&p=1&u=%2F%7Epublic%2Fcfcf1.htm&r=1&f=G
January 3, 2008 - Seattle, WA, USA
Seattle, Washington: Initiative 75, passed by the Seattle, WA voters in September of 2003, requires that "the Seattle Police Department and City Attorney’s Office shall make the investigation, arrest and prosecution of marijuana offenses, when the marijuana was intended for adult personal use, the city’s lowest law enforcement priority." The ordinance subsequently adopted by the Seattle City Council to implement the new policy included provisions for the president of the city council to appoint an eleven-member Marijuana Policy Review Panel to assess and report on the effects of this ordinance.
Today, following more than three years of meetings and reviews, the Marijuana Policy Review Panel issued their final report, including the following conclusions and findings:
I. I-75 was implemented and following its implementation there were reductions both in the number of Seattle Police Department marijuana incident referrals and in the number of Seattle City Attorney filings of marijuana charges, although it is impossible to say whether these reductions were the result of I-75;
II. There is no evidence of any adverse effect of the implementation of I-75, including specifically
1. no evident increase in marijuana use among youth and young adults:
2. no evident increase in crime; and
3. no adverse impact on public health.
III. There is some evidence of arguably positive effects from I-75in the following substantive areas examined:
1. Fewer adults experiencing the consequences of involvement in the criminal justice system due to their personal use of marijuana; and,
2. A small reduction in the amount of public safety resources dedicated to marijuana possession cases and a corresponding slight increase in availability of these resources for other public safety priorities.
The panel then recommended that the City Council (1) keep the current ordinance in effect; (2) require the City Attorney’s Office to provide the city council with an annual report describing the disposition of each case in which an individual was referred for misdemeanor marijuana charges, tracking the disposition of the charges, including an analysis of the racial and gender breakdown of those referred for prosecution; and (3) disband the Marijuana Policy Review Panel.
NORML Board member Dominic Holden, a Seattle resident who led the successful effort to pass I-75 and is one of the 11-members appointed by the City Council President to serve on the review panel, stated:
"The panel’s report is the first of its kind in the US to show that de-prioritizing marijuana enforcement has no negative impact on society. In contrast, this report shows that the measure freed up limited law enforcement resources to focus on violent and dangerous crime. This is the result that initiative backers and endorsers, including the League of Women Voters, promised voters when I-75 was on the ballot.
To view the final version of Seattle’s Marijuana Policy Review, visit http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe?s1=&s2=&s3=&s4=marijuana&Sect4=AND&l=20&Sect2=THESON&Sect3=PLURON&Sect5=CFCF1&Sect6=HITOFF&d=CFCF&p=1&u=%2F%7Epublic%2Fcfcf1.htm&r=1&f=G
Thursday, February 26, 2009
Suspect in Auburn woman's death freed pending further investigation
An Auburn man who was arrested after his former girlfriend was found dead in her apartment Monday will be released from jail today pending further investigation, the King County Prosecutor's Office said.
A 19-year-old Auburn man who was arrested after his former girlfriend was found dead in her apartment Monday will be released from jail today pending further investigation, the King County Prosecutor's Office said.
Today was the deadline for filing charges in connection with the death of Kathleen Eyle, 20. The investigation will continue and a decision on whether to file charges will be made at a later date, the Prosecutor's Office said in a news release.
Police found Eyle dead in her apartment in the 3700 block of Auburn Way South in Auburn early Monday morning after the former boyfriend called 911 to report she was not breathing due to "partying" and drinking, court documents said. A neighbor told police she had heard fighting and saw something or someone go over the balcony 20 to 30 feet above ground, according to court documents.
Investigators found fingerprints on the balcony that indicated someone was hanging from it, the documents said.
Prosecutors said the woman died of a heart rupture from a blow.
A 19-year-old Auburn man who was arrested after his former girlfriend was found dead in her apartment Monday will be released from jail today pending further investigation, the King County Prosecutor's Office said.
Today was the deadline for filing charges in connection with the death of Kathleen Eyle, 20. The investigation will continue and a decision on whether to file charges will be made at a later date, the Prosecutor's Office said in a news release.
Police found Eyle dead in her apartment in the 3700 block of Auburn Way South in Auburn early Monday morning after the former boyfriend called 911 to report she was not breathing due to "partying" and drinking, court documents said. A neighbor told police she had heard fighting and saw something or someone go over the balcony 20 to 30 feet above ground, according to court documents.
Investigators found fingerprints on the balcony that indicated someone was hanging from it, the documents said.
Prosecutors said the woman died of a heart rupture from a blow.
Wednesday, February 25, 2009
DUI suspect pulls into Wash. trooper's driveway
The State Patrol says a trooper returning home after his shift found a drunken driving suspect in the driveway of his own home near Zilla.
ZILLAH, Wash. —
The State Patrol says a trooper returning home after his shift found a drunken driving suspect in the driveway of his own home near Zillah.
Trooper Trevor Downey first noticed the car Tuesday going 30 mph in a 50 mph zone. As Downey approached, the driver pulled into Downey's driveway and parked in the trooper's garage.
Downey followed and asked what he was doing. The driver replied he lived there.
Downey told him it was his home, then arrested the 31-year-old Yakima County man for investigation of drunken driving. He has three prior DUI convictions.
ZILLAH, Wash. —
The State Patrol says a trooper returning home after his shift found a drunken driving suspect in the driveway of his own home near Zillah.
Trooper Trevor Downey first noticed the car Tuesday going 30 mph in a 50 mph zone. As Downey approached, the driver pulled into Downey's driveway and parked in the trooper's garage.
Downey followed and asked what he was doing. The driver replied he lived there.
Downey told him it was his home, then arrested the 31-year-old Yakima County man for investigation of drunken driving. He has three prior DUI convictions.
Monday, February 16, 2009
Plea deal for man in fatal punching in Centralia
A man charged with a fatal punching in Centralia has accepted a plea agreement with Lewis County prosecutors.
CHEHALIS, Wash. —
A man charged with a fatal punching in Centralia has accepted a plea agreement with Lewis County prosecutors.
On Friday 30-year-old Henry E. Langley entered an Alford plea to second-degree manslaughter and was sentenced to eight years in prison.
Langley did not admit he was guilty but conceded that he would likely be convicted if the case went to trial.
He could have gotten a much longer sentence had he been convicted of second-degree murder for the death of 28-year-old Jonathan P. Case of Winlock. Case died after being punched by Langley, falling down and hitting his head on the street Sept. 8 in Centralia.
The confrontation occurred three months after Langley completed a prison term for possession of stolen property.
---
Information from: The Chronicle, http://www.chronline.com
CHEHALIS, Wash. —
A man charged with a fatal punching in Centralia has accepted a plea agreement with Lewis County prosecutors.
On Friday 30-year-old Henry E. Langley entered an Alford plea to second-degree manslaughter and was sentenced to eight years in prison.
Langley did not admit he was guilty but conceded that he would likely be convicted if the case went to trial.
He could have gotten a much longer sentence had he been convicted of second-degree murder for the death of 28-year-old Jonathan P. Case of Winlock. Case died after being punched by Langley, falling down and hitting his head on the street Sept. 8 in Centralia.
The confrontation occurred three months after Langley completed a prison term for possession of stolen property.
---
Information from: The Chronicle, http://www.chronline.com
Gunfire damages windows at Spokane high school
Gunfire has damaged five large thermal windows and a smaller upper window in a newly remodeled high school library in Spokane.
SPOKANE, Wash. —
Gunfire has damaged five large thermal windows and a smaller upper window in a newly remodeled high school library in Spokane.
Authorities said the shooting at Shadle Park High occurred sometime over the weekend. The bullets did not penetrate the inner part of the double-paned thermal windows but caused the outer part to crack in a web-like pattern.
The cost of repairs has yet to be determined. Dealy Etter of Garco Construction of Spokane says arrangements are being made to replace the windows.
Etter says the library was opened in September following completion of the first stage of a four-phase renovation of Shadle Park.
---
Information from: The Spokesman-Review, http://www.spokesmanreview.com
SPOKANE, Wash. —
Gunfire has damaged five large thermal windows and a smaller upper window in a newly remodeled high school library in Spokane.
Authorities said the shooting at Shadle Park High occurred sometime over the weekend. The bullets did not penetrate the inner part of the double-paned thermal windows but caused the outer part to crack in a web-like pattern.
The cost of repairs has yet to be determined. Dealy Etter of Garco Construction of Spokane says arrangements are being made to replace the windows.
Etter says the library was opened in September following completion of the first stage of a four-phase renovation of Shadle Park.
---
Information from: The Spokesman-Review, http://www.spokesmanreview.com
Joe woe: Man loses $300K in Starbucks jewel heist
How much is a cup of coffee at Starbucks? For a jewelry salesman from Kansas, it ended up costing about $300,000.
PARKER, Colo. —
How much is a cup of coffee at Starbucks? For a jewelry salesman from Kansas, it ended up costing about $300,000.
Police say the man stopped for coffee Monday at a Starbucks in Parker, Colo., south of Denver. He was just returning to his car when he was held up. Three masked robbers took three "tubs" of jewelry and a briefcase containing the salesman's handgun.
Police didn't identify the 64-year-old salesman. Parker police spokeswoman Elise Penington says he was in town for a trade show. One of the robbers allegedly brandished a gun, but no one was injured in the robbery.
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Information from: Rocky Mountain News, http://www.rockymountainnews.com/
PARKER, Colo. —
How much is a cup of coffee at Starbucks? For a jewelry salesman from Kansas, it ended up costing about $300,000.
Police say the man stopped for coffee Monday at a Starbucks in Parker, Colo., south of Denver. He was just returning to his car when he was held up. Three masked robbers took three "tubs" of jewelry and a briefcase containing the salesman's handgun.
Police didn't identify the 64-year-old salesman. Parker police spokeswoman Elise Penington says he was in town for a trade show. One of the robbers allegedly brandished a gun, but no one was injured in the robbery.
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Information from: Rocky Mountain News, http://www.rockymountainnews.com/
Friday, February 13, 2009
King Co. Metro bus driver accused of dealing drugs
By DEAN STALEY / KING 5 New
SEATTLE – Police today arrested a 54-year-old King County Metro bus driver who is accused of dealing rock cocaine while on duty.
The suspect, a Seattle man, was taken into custody just before noon while driving Route 42, according to the King County Sheriff's Department. Deputies say the arrest was the result of an investigation that spanned several weeks.
During their investigation, police say they bought cocaine from the suspect along his route. They also bought drugs from him at his south Seattle home. But police say he did not sell to his bus passengers.
"It's not like 'would you like a transfer and some cocaine;' it's nothing like that," Sgt. John Urquhart said. "My understanding is he was meeting his customers while on his route."
The suspect, a 10-year veteran of Metro, was taken into custody near South Leo Street and Beacon Ave. South, and he was expected to be booked into the King County Jail.
Metro has about 2,200 drivers in their system, and they believe this is an isolated incident. Police say they were tipped off by another Metro employee.
In 2002, the suspect was charged in Oregon with pot possession, for which he paid a fine.
SEATTLE – Police today arrested a 54-year-old King County Metro bus driver who is accused of dealing rock cocaine while on duty.
The suspect, a Seattle man, was taken into custody just before noon while driving Route 42, according to the King County Sheriff's Department. Deputies say the arrest was the result of an investigation that spanned several weeks.
During their investigation, police say they bought cocaine from the suspect along his route. They also bought drugs from him at his south Seattle home. But police say he did not sell to his bus passengers.
"It's not like 'would you like a transfer and some cocaine;' it's nothing like that," Sgt. John Urquhart said. "My understanding is he was meeting his customers while on his route."
The suspect, a 10-year veteran of Metro, was taken into custody near South Leo Street and Beacon Ave. South, and he was expected to be booked into the King County Jail.
Metro has about 2,200 drivers in their system, and they believe this is an isolated incident. Police say they were tipped off by another Metro employee.
In 2002, the suspect was charged in Oregon with pot possession, for which he paid a fine.
Tuesday, February 10, 2009
KingCo deputy in I-405 accident in Bellevue
A King County sheriff's deputy has been involved in a collision on Interstate 405 in Bellevue.
BELLEVUE, Wash. —
A King County sheriff's deputy has been involved in a collision on Interstate 405 in Bellevue.
Sheriff's Sgt. John Urquhart says there were only minor injuries in the crash about 6 a.m. Tuesday. He describes the deputy as a woman with 15 to 20 years on the force.
Urquhart says the State Patrol is investigating.
BELLEVUE, Wash. —
A King County sheriff's deputy has been involved in a collision on Interstate 405 in Bellevue.
Sheriff's Sgt. John Urquhart says there were only minor injuries in the crash about 6 a.m. Tuesday. He describes the deputy as a woman with 15 to 20 years on the force.
Urquhart says the State Patrol is investigating.
Lockdown at Walla Walla prison after inmate brawl
One of the medium-security units at the Washington state Penitentiary at Walla Walla remains locked down Tuesday while officials investigate a weekend brawl.
WALLA WALLA, Wash. —
One of the medium-security units at the Washington state Penitentiary at Walla Walla remains locked down Tuesday while officials investigate a weekend brawl.
A prison spokeswoman, Joni Aiyeku (ah-YEE'-koo), says 195 inmates in Unit 6 are locked down and 30 others who participated in Saturday's fighting are segregated in single cells.
She says officials haven't determined the cause of the fight that broke out among inmates. Two inmates were treated at the prison for cuts. Six guards who broke up the fight had minor injuries. Five were treated at a hospital and returned to work the same day.
Unit 6 is one of four medium-security units at the penitentiary that has a total population of nearly 2,300 prisoners.
WALLA WALLA, Wash. —
One of the medium-security units at the Washington state Penitentiary at Walla Walla remains locked down Tuesday while officials investigate a weekend brawl.
A prison spokeswoman, Joni Aiyeku (ah-YEE'-koo), says 195 inmates in Unit 6 are locked down and 30 others who participated in Saturday's fighting are segregated in single cells.
She says officials haven't determined the cause of the fight that broke out among inmates. Two inmates were treated at the prison for cuts. Six guards who broke up the fight had minor injuries. Five were treated at a hospital and returned to work the same day.
Unit 6 is one of four medium-security units at the penitentiary that has a total population of nearly 2,300 prisoners.
Sunday, February 8, 2009
Washington Case Law Update
By: Dena Alo-Colbeck
Division One Court of Appeals:
State v. Releford: The Court held that the State may establish factual comparability for the purposes of establishing that an out of state conviction is comparable to a Washington felony by producing certified copies of the foriegn charging documents and evidence that the defendant pled guilty to those charges, provided that the law of the state where the guilty plea was entered, at the time of the plea, provided that such a plea constituted an admission of the facts alleged in the charging documents. The Court affirmed the finding that Mr. Releford's Oklahoma burglary convictions were comparable to Washington burglary convictions based upon the certified copies of the guilty plea produced by the State, and held that the State did not have to re-prove the Oklahoma charges against Mr. Releford when the law in Oklahoma provided that the guilty plea was an admission by Mr. Releford to the facts alleged to support the burglary charges. The Court further affirmed Mr. Releford's conviction for unlawful possession of a firearm, finding factually incorrect Mr. Releford's contention that the antique replica firearm in his possession still needed several pieces to be operable, instead finding that the firearm actually only needed ammunition, and that under Washington law a weapon does not cease to be a firearm for the purposes of a conviction for unlawful possession of a firearm simply because it is unloaded. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/59701-9.pub.doc.pdf
State v. Wagner-Bennett: The Court found sufficient facts supporting probable cause for Ms. Wagner-Bennett's arrest for theft of a casino ticket when the facts showed that the owner of the cash ticket had left the ticket sitting on top of the machine she had been using for just a few minutes to take care of a cut finger and, when she returned, found Ms. Wagner-Bennett cashing out the remainder of the machine with the ticket left on the machine nowhere in sight and when confronted about the ticket that its owner had left on the machine, Ms. Wagner-Bennett walked away to the other side of the casino. The court found it was possible that Ms. Wagner-Bennett's conduct had been the innocent claiming of property she thought to be abandoned, but it was more likely that she had intended to steal the ticket and the cash in the machine, and that the facts supported a reasonable inference of intent to steal. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/60828-2.pub.doc.pdf
Division Two Court of Appeals:
State v. Draxinger: The Court found that the trial court properly included Mr. Draxinger's four prior DUIs in calculating his offender score after he was convicted of felony DUI, irrespective of the fact that those four priors had already ben used to raise his current DUI to a felony. The Court found that although the prior offenses became elements of the current offense, they could still be utilized in calcluating an offender score. The court further found that the sentencing statute was not ambiguous and was consistent. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/36952-4.09.cor.doc.pdf
Division Three Court of Appeals:
State v. Doughty: The Court upheld a Spokane District Court opinion finding that there was sufficient reasonable suspicion for a Terry stop of Mr. Doughty based on an officer's observation of him going into a house thought to be a drug house based on complaints from the neightbors at 3:20 a.m. and staying for just two minutes. The court noted as an aside that Mr. Doughty did not challenge the finding of fact that the house was a drug house, despite a lack of reliable information provided by the State to support that designation, and that the designation of the house as a drug house, coupled with Mr. Doughty's actions, were enough to give the officer reasonable suspicion of criminal activity such that he could legally seize Mr. Doughty. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/265731.opn.doc.pdf
Division One Court of Appeals:
State v. Releford: The Court held that the State may establish factual comparability for the purposes of establishing that an out of state conviction is comparable to a Washington felony by producing certified copies of the foriegn charging documents and evidence that the defendant pled guilty to those charges, provided that the law of the state where the guilty plea was entered, at the time of the plea, provided that such a plea constituted an admission of the facts alleged in the charging documents. The Court affirmed the finding that Mr. Releford's Oklahoma burglary convictions were comparable to Washington burglary convictions based upon the certified copies of the guilty plea produced by the State, and held that the State did not have to re-prove the Oklahoma charges against Mr. Releford when the law in Oklahoma provided that the guilty plea was an admission by Mr. Releford to the facts alleged to support the burglary charges. The Court further affirmed Mr. Releford's conviction for unlawful possession of a firearm, finding factually incorrect Mr. Releford's contention that the antique replica firearm in his possession still needed several pieces to be operable, instead finding that the firearm actually only needed ammunition, and that under Washington law a weapon does not cease to be a firearm for the purposes of a conviction for unlawful possession of a firearm simply because it is unloaded. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/59701-9.pub.doc.pdf
State v. Wagner-Bennett: The Court found sufficient facts supporting probable cause for Ms. Wagner-Bennett's arrest for theft of a casino ticket when the facts showed that the owner of the cash ticket had left the ticket sitting on top of the machine she had been using for just a few minutes to take care of a cut finger and, when she returned, found Ms. Wagner-Bennett cashing out the remainder of the machine with the ticket left on the machine nowhere in sight and when confronted about the ticket that its owner had left on the machine, Ms. Wagner-Bennett walked away to the other side of the casino. The court found it was possible that Ms. Wagner-Bennett's conduct had been the innocent claiming of property she thought to be abandoned, but it was more likely that she had intended to steal the ticket and the cash in the machine, and that the facts supported a reasonable inference of intent to steal. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/60828-2.pub.doc.pdf
Division Two Court of Appeals:
State v. Draxinger: The Court found that the trial court properly included Mr. Draxinger's four prior DUIs in calculating his offender score after he was convicted of felony DUI, irrespective of the fact that those four priors had already ben used to raise his current DUI to a felony. The Court found that although the prior offenses became elements of the current offense, they could still be utilized in calcluating an offender score. The court further found that the sentencing statute was not ambiguous and was consistent. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/36952-4.09.cor.doc.pdf
Division Three Court of Appeals:
State v. Doughty: The Court upheld a Spokane District Court opinion finding that there was sufficient reasonable suspicion for a Terry stop of Mr. Doughty based on an officer's observation of him going into a house thought to be a drug house based on complaints from the neightbors at 3:20 a.m. and staying for just two minutes. The court noted as an aside that Mr. Doughty did not challenge the finding of fact that the house was a drug house, despite a lack of reliable information provided by the State to support that designation, and that the designation of the house as a drug house, coupled with Mr. Doughty's actions, were enough to give the officer reasonable suspicion of criminal activity such that he could legally seize Mr. Doughty. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/265731.opn.doc.pdf
Friday, February 6, 2009
Cashmere queen loses title over drug bust
The Cashmere Queen contest winner was stripped of her crown after pleading guilty to possession of drug paraphernalia.
CASHMERE, Wash. —
The Cashmere Queen contest winner was stripped of her crown after pleading guilty to possession of drug paraphernalia.
The Wenatchee World reports 18-year-old Sara Young was sentenced last month to one year probation and fined $293. She had been a passenger in a car in which a Chelan County sheriff's deputy found marijuana and two pipes.
The Queen Cashmere contest director, Kim Phillips, said the misdemeanor violated the contest's code of conduct. In addition to the title, Young loses a $1,000 scholarship.
The 2008 runner-up, Princess Leah Griffith, will assume the duties of Cashmere queen until the next royalty selection in March.
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Information from: The Wenatchee World, http://www.wenworld.com
CASHMERE, Wash. —
The Cashmere Queen contest winner was stripped of her crown after pleading guilty to possession of drug paraphernalia.
The Wenatchee World reports 18-year-old Sara Young was sentenced last month to one year probation and fined $293. She had been a passenger in a car in which a Chelan County sheriff's deputy found marijuana and two pipes.
The Queen Cashmere contest director, Kim Phillips, said the misdemeanor violated the contest's code of conduct. In addition to the title, Young loses a $1,000 scholarship.
The 2008 runner-up, Princess Leah Griffith, will assume the duties of Cashmere queen until the next royalty selection in March.
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Information from: The Wenatchee World, http://www.wenworld.com
Wednesday, February 4, 2009
Seattle bank robber claims he left bomb behind
KING5.com Staff
SEATTLE – Police shut down Fifth Avenue at Union Street in downtown Seattle after a bank robber said he left a bomb behind.
Police evacuated a Washington Mutual branch and sent in a robot after a bank robber left behind a threatening note.
The bomb squad did not find a threat.
The suspect robbed the bank on Fifth Avenue at about 3:30 p.m. Wednesday and got away on foot.
The suspect is still on the loose. He is described as a white male in his 30’s, 6-foot-4 and thin, with light brown hair, no facial hair or glasses. He was wearing a green sports jacket and a maroon tie.
No injuries were reported.
SEATTLE – Police shut down Fifth Avenue at Union Street in downtown Seattle after a bank robber said he left a bomb behind.
Police evacuated a Washington Mutual branch and sent in a robot after a bank robber left behind a threatening note.
The bomb squad did not find a threat.
The suspect robbed the bank on Fifth Avenue at about 3:30 p.m. Wednesday and got away on foot.
The suspect is still on the loose. He is described as a white male in his 30’s, 6-foot-4 and thin, with light brown hair, no facial hair or glasses. He was wearing a green sports jacket and a maroon tie.
No injuries were reported.
Corrections officer charged in road rage incident
By SCOTT GUTIERREZ
P-I REPORTER
A rookie Pierce County corrections officer has been charged with second-degree assault for pointing his gun at another car during a road rage incident in Burien, according to court documents.
Yury Nijnik, 28, is set for arraignment Feb. 10 at the Regional Justice Center in Kent. He was released from jail last week on $5,000 bail, although a judge prohibited him from carrying a gun while the case is pending.
Nijnik was arrested Jan. 25 after an incident that began when he allegedly cut off another car with two adults and their 12-year-old niece on First Avenue South near South 160th Street. The second driver, Shean Corvari, honked and Nijnik made a derogatory hand gesture, court documents say.
As Corvari drove on, he noticed Nijnik driving recklessly and swerving between lanes. Corvari managed to get ahead of him in traffic and tried to ignore him until Nijnik pulled alongside him and pointed a gun, court documents say.
Corvari turned left on South 144th Street to get away, but Nijnik cut across two lanes and pulled in front of him, slamming his brakes. Nijnik then got out of his car and pressed his Pierce County corrections ID card against Corvari's window with his gun tucked into his waistband, court documents say.
"(Corvari) stated that he felt very threatened and was in fear that Nijnik was going to shoot him or his wife," court documents say.
Nijnik was hired as a corrections officer six months ago and still is in his one-year probationary phase. He had no arrest authority and was carrying his personal weapon, Pierce County Sheriff's Detective Ed Troyer said.
He was placed on paid administrative leave while the Pierce County Sheriff's Office conducts an internal investigation, Troyer said.
"He's on probation, so it doesn't look very good for him," he said.
After the initial confrontation, Corvari had rolled back and bumped into Nijnik's vehicle when a traffic light turned green, court documents say. Nijnik claimed his car had been rammed several times, which caused him to feel threatened, but officers found no visible damage, court documents say.
"The car ... appeared to be in pristine condition," court documents say.
Nijnik denied that he brandished his weapon. When he called 911, he told the dispatcher that the other car's occupants "may" have seen his gun, although he didn't understand how. He said he took his gun out, but placed it in his glove box "in case he got into a fight," court documents say.
He said he then holstered the gun when police arrived, court documents say.
Corvari also has a concealed pistol license, but never drew his weapon. His wife and Nijnik both called 911 and King County sheriff's deputies responded, according to court documents and police.
P-I REPORTER
A rookie Pierce County corrections officer has been charged with second-degree assault for pointing his gun at another car during a road rage incident in Burien, according to court documents.
Yury Nijnik, 28, is set for arraignment Feb. 10 at the Regional Justice Center in Kent. He was released from jail last week on $5,000 bail, although a judge prohibited him from carrying a gun while the case is pending.
Nijnik was arrested Jan. 25 after an incident that began when he allegedly cut off another car with two adults and their 12-year-old niece on First Avenue South near South 160th Street. The second driver, Shean Corvari, honked and Nijnik made a derogatory hand gesture, court documents say.
As Corvari drove on, he noticed Nijnik driving recklessly and swerving between lanes. Corvari managed to get ahead of him in traffic and tried to ignore him until Nijnik pulled alongside him and pointed a gun, court documents say.
Corvari turned left on South 144th Street to get away, but Nijnik cut across two lanes and pulled in front of him, slamming his brakes. Nijnik then got out of his car and pressed his Pierce County corrections ID card against Corvari's window with his gun tucked into his waistband, court documents say.
"(Corvari) stated that he felt very threatened and was in fear that Nijnik was going to shoot him or his wife," court documents say.
Nijnik was hired as a corrections officer six months ago and still is in his one-year probationary phase. He had no arrest authority and was carrying his personal weapon, Pierce County Sheriff's Detective Ed Troyer said.
He was placed on paid administrative leave while the Pierce County Sheriff's Office conducts an internal investigation, Troyer said.
"He's on probation, so it doesn't look very good for him," he said.
After the initial confrontation, Corvari had rolled back and bumped into Nijnik's vehicle when a traffic light turned green, court documents say. Nijnik claimed his car had been rammed several times, which caused him to feel threatened, but officers found no visible damage, court documents say.
"The car ... appeared to be in pristine condition," court documents say.
Nijnik denied that he brandished his weapon. When he called 911, he told the dispatcher that the other car's occupants "may" have seen his gun, although he didn't understand how. He said he took his gun out, but placed it in his glove box "in case he got into a fight," court documents say.
He said he then holstered the gun when police arrived, court documents say.
Corvari also has a concealed pistol license, but never drew his weapon. His wife and Nijnik both called 911 and King County sheriff's deputies responded, according to court documents and police.
Tuesday, February 3, 2009
Sheriffinvestigates whether Michael Phelps smoked pot.
(CNN) -- A South Carolina sheriff's office is investigating whether Olympic gold medalist Michael Phelps smoked marijuana on the University of South Carolina campus.
Authorities will file criminal charges if the investigation determines that they are warranted, a spokesman said Tuesday.
"If someone breaks the law in Richland County, we have an obligation as law enforcement to investigate and to bring charges," Sheriff Leon Lott said in a statement.
"The Richland County Sheriff's Department is making an effort to determine if Mr. Phelps broke the law. If he did, he will be charged in the same manner as anyone else. The sheriff has a responsibility to be fair, to enforce the law and to not turn a blind eye because someone is a celebrity."
Phelps admitted "regrettable behavior" on Sunday after a British newspaper published a photograph of him smoking through a bong. The tabloid News of the World showed Phelps using the bong during what it said was a November party at the University of South Carolina, in Richland County.
Both university police and Columbia, South Carolina, police have said they would not pursue charges, according to The State newspaper in Columbia. It was unclear where the party took place, the paper said, or whether it was on the USC campus.
"I engaged in behavior which was regrettable and demonstrated bad judgment," said Phelps, who won a record eight gold medals at the 2008 Olympic Games in Beijing, China, in a statement Sunday.
"I'm 23 years old, and despite the successes I have had in the pool, I acted in a youthful and inappropriate way, not in a manner that people have come to expect from me," he said. "For this, I am sorry. I promise my fans and the public -- it will not happen again."
The U.S. Olympic Committee also issued a statement that said in part, "Michael has acknowledged that he made a mistake and apologized for his actions. We are confident that, going forward, Michael will consistently set the kind of example we all expect from a great Olympic champion."
In 2004, Phelps was arrested on charges of driving under the influence in Salisbury, Maryland. He pleaded guilty and was sentenced to 18 months probation. He also issued an apology after that incident.
Phelps is one of 12 Olympic athletes who have signed on to "My Victory," an initiative launched last year by the U.S. Anti-Doping Agency aimed at keeping competitive sports clean.
Authorities will file criminal charges if the investigation determines that they are warranted, a spokesman said Tuesday.
"If someone breaks the law in Richland County, we have an obligation as law enforcement to investigate and to bring charges," Sheriff Leon Lott said in a statement.
"The Richland County Sheriff's Department is making an effort to determine if Mr. Phelps broke the law. If he did, he will be charged in the same manner as anyone else. The sheriff has a responsibility to be fair, to enforce the law and to not turn a blind eye because someone is a celebrity."
Phelps admitted "regrettable behavior" on Sunday after a British newspaper published a photograph of him smoking through a bong. The tabloid News of the World showed Phelps using the bong during what it said was a November party at the University of South Carolina, in Richland County.
Both university police and Columbia, South Carolina, police have said they would not pursue charges, according to The State newspaper in Columbia. It was unclear where the party took place, the paper said, or whether it was on the USC campus.
"I engaged in behavior which was regrettable and demonstrated bad judgment," said Phelps, who won a record eight gold medals at the 2008 Olympic Games in Beijing, China, in a statement Sunday.
"I'm 23 years old, and despite the successes I have had in the pool, I acted in a youthful and inappropriate way, not in a manner that people have come to expect from me," he said. "For this, I am sorry. I promise my fans and the public -- it will not happen again."
The U.S. Olympic Committee also issued a statement that said in part, "Michael has acknowledged that he made a mistake and apologized for his actions. We are confident that, going forward, Michael will consistently set the kind of example we all expect from a great Olympic champion."
In 2004, Phelps was arrested on charges of driving under the influence in Salisbury, Maryland. He pleaded guilty and was sentenced to 18 months probation. He also issued an apology after that incident.
Phelps is one of 12 Olympic athletes who have signed on to "My Victory," an initiative launched last year by the U.S. Anti-Doping Agency aimed at keeping competitive sports clean.
Monday, February 2, 2009
Troopers with bogus degrees won't be charged
Criminal charges won't be filed against nine Washington State Patrol troopers who were investigated over whether they knowingly used phony college degrees to obtain higher pay.
OLYMPIA, Wash. —
Criminal charges won't be filed against nine Washington State Patrol troopers who were investigated over whether they knowingly used phony college degrees to obtain higher pay.
The chief deputy prosecutor for Thurston County, Jon Tunheim, says a review found insufficient evidence to show the troopers knew the diplomas were from institutions that lacked accreditation.
Tunheim said Monday that it appeared the troopers relied on the State Patrol’s human resources department to determine whether the degrees would qualify them for higher pay.
He added that the troopers requested that their higher incentive pay be discontinued and have repaid the added money.
The troopers were put on paid leave Oct. 13 while the case was investigated. It was not immediately known when the troopers may return to active duty.
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Information from: The Olympian, http://www.theolympian.com
OLYMPIA, Wash. —
Criminal charges won't be filed against nine Washington State Patrol troopers who were investigated over whether they knowingly used phony college degrees to obtain higher pay.
The chief deputy prosecutor for Thurston County, Jon Tunheim, says a review found insufficient evidence to show the troopers knew the diplomas were from institutions that lacked accreditation.
Tunheim said Monday that it appeared the troopers relied on the State Patrol’s human resources department to determine whether the degrees would qualify them for higher pay.
He added that the troopers requested that their higher incentive pay be discontinued and have repaid the added money.
The troopers were put on paid leave Oct. 13 while the case was investigated. It was not immediately known when the troopers may return to active duty.
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Information from: The Olympian, http://www.theolympian.com
Saturday, January 31, 2009
Grant County man awarded $3M for bad lawyer
A Grant County man has been awarded $3 million for spending months in jail because of poor work by his public defender.
SPOKANE, Wash. —
A Grant County man has been awarded $3 million for spending months in jail because of poor work by his public defender.
Felipe G. Vargas was awarded more than $3 million payable by his public defender by a U.S. District Court jury in Spokane after spending more than seven months in the Grant County Jail, falsely accused of child molestation.
Grant County public defender Thomas Earl allegedly pocketed much of his fee for representing Vargas, instead of spending it to mount an adequate defense, the jury decided.
Vargas, 45, maintained his innocence, and his alleged victim recanted three days after Vargas was arrested in November 2003. Police and prosecutors knew that, but they took no steps to free Vargas from jail.
Earl apparently was too busy with 500 other cases and failed to adequately represent Vargas, the jury was told. Earl refused to hire an investigator or other experts or pay for a polygraph, witnesses told the jury. He was working under a $500,000 "flat fee" annual contract, a form of compensation that is banned in the state.
Earl's legal conduct led to his disbarment.
The Washington Supreme Court in September toughened conflict-of-interest rules that say attorneys can't put their personal financial interests ahead of the fair trial rights of criminal defendants.
"There's a movie called 'Gideon's Trumpet,' about Clarence Gideon's successful struggle to convince the U.S. Supreme Court there is a constitutional right to counsel," said Seattle criminal appeals attorney Eric Broman.
"This verdict should send a loud and clear message to other counties that shortcuts cannot be taken to underfund public defense systems," he said. The "$3 million verdict is the kind of trumpet those folks should be able to hear."
Joanne Moore, the director of the Washington state Office of Public Defense, said the jury award sends a message that everyone has the right to an attorney for a fair trial.
Grant County was also named a defendant in Vargas' 2006 civil rights suit and settled last month by paying him $250,000 for "ineffective assistance of counsel."
Moses Lake attorneys Garth Dano and George Ahrend filed the civil rights suit. Dano said Earl, when he represented Vargas, lied to the court when he said he was ready for trial.
"The importance of this case is it said, 'Stop lying to the judges and each other, and don't put your financial interests ahead of your client's,' " Dano said Friday.
John Strait, a legal ethics professor at Seattle University, testified as an expert. Flat-fee contracts, he said, "are all illegal and unethical for any attorney to enter into."
The state Supreme Court has barred any Washington lawyer from signing such a contract, Strait said.
The case went to trial Monday before U.S. District Judge Justin Quackenbush, who refused Earl's repeated requests to dismiss the suit.
The jury awarded Vargas $762,000 in compensatory damages and $2.25 million in punitive damages.
It's possible, however, that Vargas won't see any of the money. Earl had canceled his malpractice insurance and is seeking protection from creditors in U.S. Bankruptcy Court.
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Information from: The Spokesman-Review, http://www.spokesmanreview.com
SPOKANE, Wash. —
A Grant County man has been awarded $3 million for spending months in jail because of poor work by his public defender.
Felipe G. Vargas was awarded more than $3 million payable by his public defender by a U.S. District Court jury in Spokane after spending more than seven months in the Grant County Jail, falsely accused of child molestation.
Grant County public defender Thomas Earl allegedly pocketed much of his fee for representing Vargas, instead of spending it to mount an adequate defense, the jury decided.
Vargas, 45, maintained his innocence, and his alleged victim recanted three days after Vargas was arrested in November 2003. Police and prosecutors knew that, but they took no steps to free Vargas from jail.
Earl apparently was too busy with 500 other cases and failed to adequately represent Vargas, the jury was told. Earl refused to hire an investigator or other experts or pay for a polygraph, witnesses told the jury. He was working under a $500,000 "flat fee" annual contract, a form of compensation that is banned in the state.
Earl's legal conduct led to his disbarment.
The Washington Supreme Court in September toughened conflict-of-interest rules that say attorneys can't put their personal financial interests ahead of the fair trial rights of criminal defendants.
"There's a movie called 'Gideon's Trumpet,' about Clarence Gideon's successful struggle to convince the U.S. Supreme Court there is a constitutional right to counsel," said Seattle criminal appeals attorney Eric Broman.
"This verdict should send a loud and clear message to other counties that shortcuts cannot be taken to underfund public defense systems," he said. The "$3 million verdict is the kind of trumpet those folks should be able to hear."
Joanne Moore, the director of the Washington state Office of Public Defense, said the jury award sends a message that everyone has the right to an attorney for a fair trial.
Grant County was also named a defendant in Vargas' 2006 civil rights suit and settled last month by paying him $250,000 for "ineffective assistance of counsel."
Moses Lake attorneys Garth Dano and George Ahrend filed the civil rights suit. Dano said Earl, when he represented Vargas, lied to the court when he said he was ready for trial.
"The importance of this case is it said, 'Stop lying to the judges and each other, and don't put your financial interests ahead of your client's,' " Dano said Friday.
John Strait, a legal ethics professor at Seattle University, testified as an expert. Flat-fee contracts, he said, "are all illegal and unethical for any attorney to enter into."
The state Supreme Court has barred any Washington lawyer from signing such a contract, Strait said.
The case went to trial Monday before U.S. District Judge Justin Quackenbush, who refused Earl's repeated requests to dismiss the suit.
The jury awarded Vargas $762,000 in compensatory damages and $2.25 million in punitive damages.
It's possible, however, that Vargas won't see any of the money. Earl had canceled his malpractice insurance and is seeking protection from creditors in U.S. Bankruptcy Court.
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Information from: The Spokesman-Review, http://www.spokesmanreview.com
Friday, January 30, 2009
DEA Makes First Federal Medical Marijuana Raids Under Obama Administration
January 29, 2009 - South Lake Tahoe, CA, USA
South Lake Tahoe, CA: Federal drug enforcement officials, working cooperatively with state and local police, seized marijuana and cash from a medical marijuana dispensary in Lake Tahoe, California last week. The raid was the first action of its type taken by the US Drug Enforcement Administration (DEA) since President Barack Obama took office on January 20.
While campaigning for the presidency, Obama pledged not to "use Justice Department resources to try and circumvent state (medical marijuana) laws."
No arrests were made in last week's raid, and a new facility has already opened to serve patients in the Lake Tahoe region.
The bust received national media attention, with many news outlets expressing criticism over the raid.
In response to the DEA's actions, several prominent drug law reform groups have asked voters to contact the White House and urge the President to suspend Justice Department activities that target medical marijuana providers who are compliant with their state laws.
In a separate action last week, the DEA also raided two medical marijuana providers in Colorado, but did not make any arrests.
For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500.
South Lake Tahoe, CA: Federal drug enforcement officials, working cooperatively with state and local police, seized marijuana and cash from a medical marijuana dispensary in Lake Tahoe, California last week. The raid was the first action of its type taken by the US Drug Enforcement Administration (DEA) since President Barack Obama took office on January 20.
While campaigning for the presidency, Obama pledged not to "use Justice Department resources to try and circumvent state (medical marijuana) laws."
No arrests were made in last week's raid, and a new facility has already opened to serve patients in the Lake Tahoe region.
The bust received national media attention, with many news outlets expressing criticism over the raid.
In response to the DEA's actions, several prominent drug law reform groups have asked voters to contact the White House and urge the President to suspend Justice Department activities that target medical marijuana providers who are compliant with their state laws.
In a separate action last week, the DEA also raided two medical marijuana providers in Colorado, but did not make any arrests.
For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500.
Thursday, January 29, 2009
Drug dealer arrested in police station bathroom
KING5.com Staff
EVERETT, Wash. – Maybe he really believed in the phrase “Keep your friends close. Keep your enemies closer.”
A 24-year-old Everett man was arrested Wednesday morning for allegedly trying to sell Oxycodone and other drugs inside a stall in the men’s bathroom at the Everett Police Station.
According to Everett Police, a plain-clothed police sergeant and an officer were in the bathroom when they heard the man answer his cell phone and try to make the deal.
Police say the sergeant continued to listen in as the man made several other phone calls in an apparent attempt to sell the drugs.
The man was confronted by officers as he left the bathroom, where police say he admitted to trying to sell the drugs and handed them over.
Police say the man apparently thought he was at a probation office, not a police station.
The suspect was booked into the Snohomish County Jail.
EVERETT, Wash. – Maybe he really believed in the phrase “Keep your friends close. Keep your enemies closer.”
A 24-year-old Everett man was arrested Wednesday morning for allegedly trying to sell Oxycodone and other drugs inside a stall in the men’s bathroom at the Everett Police Station.
According to Everett Police, a plain-clothed police sergeant and an officer were in the bathroom when they heard the man answer his cell phone and try to make the deal.
Police say the sergeant continued to listen in as the man made several other phone calls in an apparent attempt to sell the drugs.
The man was confronted by officers as he left the bathroom, where police say he admitted to trying to sell the drugs and handed them over.
Police say the man apparently thought he was at a probation office, not a police station.
The suspect was booked into the Snohomish County Jail.
Sunday, January 25, 2009
Man held in fatal shooting in Sunnyside
A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.
SUNNYSIDE, Wash. —
A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.
The 25-year-old Sunnyside man was taken into custody late Wednesday at a home in nearby Granger, but Sunnyside police did not announce the arrest until two days later.
The man is being held for investigation of second-degree murder, first-degree assault and second-degree assault.
Police spokeswoman Charlotte Hinderlider says the man is believed to be involved in the death of 22-year-old Jesus (hay-SOOS') Tlaseca Sosa. Sosa was fatally shot and a 20-year-old man and a 16-year-old boy were injured on Jan. 4 at an AM-PM Mini-Mart in Sunnyside.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
SUNNYSIDE, Wash. —
A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.
The 25-year-old Sunnyside man was taken into custody late Wednesday at a home in nearby Granger, but Sunnyside police did not announce the arrest until two days later.
The man is being held for investigation of second-degree murder, first-degree assault and second-degree assault.
Police spokeswoman Charlotte Hinderlider says the man is believed to be involved in the death of 22-year-old Jesus (hay-SOOS') Tlaseca Sosa. Sosa was fatally shot and a 20-year-old man and a 16-year-old boy were injured on Jan. 4 at an AM-PM Mini-Mart in Sunnyside.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
Friday, January 23, 2009
P-I wins award for police series
P-I STAFF
The Seattle P-I has earned a national award for its series on the Seattle Police Department's failure to investigate and discipline itself.
The series, "The Strong Arm of the Law," won the 2009 Excellence in Criminal Justice Reporting Award in the series category given by the John Jay College of Criminal Justice.
Reported by Eric Nalder, Lewis Kamb and Daniel Lathrop, and edited by Rita Hibbard, the series (which ran in January and February 2008) exposed the questionable handling of complaints against Seattle police over the wrongful use of force, and the overuse of obstruction charges used to cover up wrongdoing.
In the single-story category, Christine Young of The Times Herald-Record in Middletown, N.Y., won for her investigation of a man who has spent the past 20 years in prison for the murder of a prostitute.
The Seattle P-I has earned a national award for its series on the Seattle Police Department's failure to investigate and discipline itself.
The series, "The Strong Arm of the Law," won the 2009 Excellence in Criminal Justice Reporting Award in the series category given by the John Jay College of Criminal Justice.
Reported by Eric Nalder, Lewis Kamb and Daniel Lathrop, and edited by Rita Hibbard, the series (which ran in January and February 2008) exposed the questionable handling of complaints against Seattle police over the wrongful use of force, and the overuse of obstruction charges used to cover up wrongdoing.
In the single-story category, Christine Young of The Times Herald-Record in Middletown, N.Y., won for her investigation of a man who has spent the past 20 years in prison for the murder of a prostitute.
Washington legislation would test police for drugs
Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').
OLYMPIA, Wash. —
Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').
He told The Yakima Herald-Republic most people he talks to support the idea. A similar bill died in last year's Legislature.
Random drug testing is opposed by police unions. The incoming president of the Yakima Police Patrolmans Association, Det. Mike Nielsen, says officers want to maintain their constitutional protection from unwarranted invasion of privacy.
The city of Yakima and the police union took the issue to arbitration in 2007, and the arbitrator ruled the city could not impose random drug testing.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
OLYMPIA, Wash. —
Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').
He told The Yakima Herald-Republic most people he talks to support the idea. A similar bill died in last year's Legislature.
Random drug testing is opposed by police unions. The incoming president of the Yakima Police Patrolmans Association, Det. Mike Nielsen, says officers want to maintain their constitutional protection from unwarranted invasion of privacy.
The city of Yakima and the police union took the issue to arbitration in 2007, and the arbitrator ruled the city could not impose random drug testing.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
Demonstration against Granger police chief
More than 30 people demonstrated in front of the Granger City Hall against the return of fired Police Chief Robert Perales.
GRANGER, Wash. —
More than 30 people demonstrated in front of the Granger City Hall against the return of fired Police Chief Robert Perales.
The Yakima Herald Republic reports they carried signs Thursday that said, "How Can Anyone Be Above the Law?"
Perales was fired after he was accused of using a stun gun on an animal control officer and interfering with officers interested in forming a union.
An arbitrator ruled this month that the mayor didn't have convincing proof to fire Perales in May for improper conduct. He was reinstated with back pay.
The 45-year-old chief has been with the department 15 years. He says he has done nothing wrong.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
GRANGER, Wash. —
More than 30 people demonstrated in front of the Granger City Hall against the return of fired Police Chief Robert Perales.
The Yakima Herald Republic reports they carried signs Thursday that said, "How Can Anyone Be Above the Law?"
Perales was fired after he was accused of using a stun gun on an animal control officer and interfering with officers interested in forming a union.
An arbitrator ruled this month that the mayor didn't have convincing proof to fire Perales in May for improper conduct. He was reinstated with back pay.
The 45-year-old chief has been with the department 15 years. He says he has done nothing wrong.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
Tuesday, January 20, 2009
Man charged with possessing weapons arsenal
By PAUL SHUKOVSKY
P-I REPORTER
Bureau of Alcohol, Tobacco, Firearms and Explosives agents charged a 65-year-old Spokane man Tuesday with possession of an arsenal of military weapons and explosives that he had stashed in a Bellevue commercial storage unit.
Ronald Struve's alleged cache of weapons -- which includes dozens of machine guns and blocks of C-4 plastic explosives -- was discovered by a man who purchased at auction the contents of the storage unit at 12863 Northrup Way when rent on the unit lapsed, according to a criminal complaint filed Tuesday.
ATF Special Agent Heidi Wallace received a call from the winning bidder at the auction last November who explained that there were firearms among the items he had purchased "and that he wanted ATF to examine the firearms to determine whether they were legal to possess."
Over the next two days Wallace and other agents found crates of firearms, munitions and high explosives including 54 40MM M406 grenades, the complaint says. They also found silencers, flares, CS gas grenades, 41 pounds of gunpowder and blasting caps.
Agents tracked Struve to Spokane where he was arrested Jan. 6, then returned to Seattle for Tuesday's hearing. Agents initially charged Struve with one count of unlawful storage of explosives and one count of possession of unregistered firearms. The firearms charge carries a maximum sentence of 10 years in prison and a $250,000 fine. Because Strove was charged by complaint, the case will likely be referred to a grand jury, which could return other charges against him.
U.S. Magistrate Judge Mary Alice Theiler ordered Struve held pending a detention hearing later in the week.
An ATF source said after the hearing that there is no evidence that Struve assembled the arsenal for terrorism purposes, but declined to elaborate on what motivated him.
P-I REPORTER
Bureau of Alcohol, Tobacco, Firearms and Explosives agents charged a 65-year-old Spokane man Tuesday with possession of an arsenal of military weapons and explosives that he had stashed in a Bellevue commercial storage unit.
Ronald Struve's alleged cache of weapons -- which includes dozens of machine guns and blocks of C-4 plastic explosives -- was discovered by a man who purchased at auction the contents of the storage unit at 12863 Northrup Way when rent on the unit lapsed, according to a criminal complaint filed Tuesday.
ATF Special Agent Heidi Wallace received a call from the winning bidder at the auction last November who explained that there were firearms among the items he had purchased "and that he wanted ATF to examine the firearms to determine whether they were legal to possess."
Over the next two days Wallace and other agents found crates of firearms, munitions and high explosives including 54 40MM M406 grenades, the complaint says. They also found silencers, flares, CS gas grenades, 41 pounds of gunpowder and blasting caps.
Agents tracked Struve to Spokane where he was arrested Jan. 6, then returned to Seattle for Tuesday's hearing. Agents initially charged Struve with one count of unlawful storage of explosives and one count of possession of unregistered firearms. The firearms charge carries a maximum sentence of 10 years in prison and a $250,000 fine. Because Strove was charged by complaint, the case will likely be referred to a grand jury, which could return other charges against him.
U.S. Magistrate Judge Mary Alice Theiler ordered Struve held pending a detention hearing later in the week.
An ATF source said after the hearing that there is no evidence that Struve assembled the arsenal for terrorism purposes, but declined to elaborate on what motivated him.
Monday, January 19, 2009
WASHINGTON CASE LAW UPDATE
By: Dena Alo-Colbeck
The following cases of note were decided recently in Washington's high courts:
Division Three Court of Appeals:
State v. Bainard: The Court held that the defendant should have been sentenced to a two-year deadly weapons enhancement to his conviction on two counts of second degree murder rather than the five-year firearm enhancement, as the jury found that he was armed with a deadly weapon, not a firearm. The Court also upheld the trial court's vacation of the first-degree arson charge against the defendant, holding that, as the victims were already deceased when the defendant set fire to the building in which they were found, they were not human beings within the definition of the statute requiring a human being to be present in a building to elevate a charge to first degree arson. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/232476.opn.doc.pdf
State v. Francisco: The Court held that the evidence was insufficient to establish the defendant's conviction for minor in possession of alcohol as the State established only that the defendant was inebriated, which is insufficient, without other coorborating evidence, such as proximity to alcohol, to establish an MIP charge. However, the court rejected the defendant's other assignments of error, including error assigned to the court's fialure to grant his motion for a directed verdict, admission of testimony that drug users typically do not give away drugs, failure to sustain his objection to the State testifying about matters not in the record during rebuttal, and the denial of his motion for a mistrial based on prosecutorial misconduct and judicial comments on the evidence. The court found that the detective's comments that drug users generally do not give away drugs was supported by experience and was not prejudicial, as it was countered by subsequent testimony that drug users do sometimes give away drugs. The Court further found that the prosecution's comments that the State must have a court order to obtain a U.A. from the jail were made in response to defense arguments that no dirty U.A. had been produced, and that the trial court's statement supporting the prosecution's assertion that the State must have a court order to obtain a U.A. from the jail was not a comment on the evidence and, even if it was, was not prejudicial to the defendant. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/264998.opn.doc.pdf
In re Detention of C.M.: The court found that the defendant's trial was timely even though not held within thirty days of the time of the defendant's commitment petition as required by statute, holding that the court rule governs over the statute with regard to procedural issues, such as the timing of a commitment trial, and the court rule allowed for extentions for multiple reasons, which extensions were excluded from the time for trial. The court further held that even if the subsequent delays challenged by the defendant were inappropriate, those delays did not prevent the case from being held within the time for trial. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/265676.opn.doc.pdf
In other news, as you know, many clients charged with DUI can now continue to drive with Washington's new Ignition Interlock Device license (IIL). Defendants who have a valid license at the time of the proposed suspension for a pending DUI will qualify for the IID license provided they are not charged with Vehicular Homicide or Vehicular Assault, or have not been convicted of either of these offenses within the past seven years. There is a fee to apply for the license, as well as a $20 monthly fee that goes to assist indigent licensees. Clients are eligible for an IIL even after losing an administrative hearing contesting the suspension of their license. Note that the time to request an administrative hearing has now been shortened from 30 to 20 days. Applications for IILs are available online through DOL at: http://www.dol.wa.gov/forms/500023.pdf.
The following cases of note were decided recently in Washington's high courts:
Division Three Court of Appeals:
State v. Bainard: The Court held that the defendant should have been sentenced to a two-year deadly weapons enhancement to his conviction on two counts of second degree murder rather than the five-year firearm enhancement, as the jury found that he was armed with a deadly weapon, not a firearm. The Court also upheld the trial court's vacation of the first-degree arson charge against the defendant, holding that, as the victims were already deceased when the defendant set fire to the building in which they were found, they were not human beings within the definition of the statute requiring a human being to be present in a building to elevate a charge to first degree arson. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/232476.opn.doc.pdf
State v. Francisco: The Court held that the evidence was insufficient to establish the defendant's conviction for minor in possession of alcohol as the State established only that the defendant was inebriated, which is insufficient, without other coorborating evidence, such as proximity to alcohol, to establish an MIP charge. However, the court rejected the defendant's other assignments of error, including error assigned to the court's fialure to grant his motion for a directed verdict, admission of testimony that drug users typically do not give away drugs, failure to sustain his objection to the State testifying about matters not in the record during rebuttal, and the denial of his motion for a mistrial based on prosecutorial misconduct and judicial comments on the evidence. The court found that the detective's comments that drug users generally do not give away drugs was supported by experience and was not prejudicial, as it was countered by subsequent testimony that drug users do sometimes give away drugs. The Court further found that the prosecution's comments that the State must have a court order to obtain a U.A. from the jail were made in response to defense arguments that no dirty U.A. had been produced, and that the trial court's statement supporting the prosecution's assertion that the State must have a court order to obtain a U.A. from the jail was not a comment on the evidence and, even if it was, was not prejudicial to the defendant. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/264998.opn.doc.pdf
In re Detention of C.M.: The court found that the defendant's trial was timely even though not held within thirty days of the time of the defendant's commitment petition as required by statute, holding that the court rule governs over the statute with regard to procedural issues, such as the timing of a commitment trial, and the court rule allowed for extentions for multiple reasons, which extensions were excluded from the time for trial. The court further held that even if the subsequent delays challenged by the defendant were inappropriate, those delays did not prevent the case from being held within the time for trial. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/265676.opn.doc.pdf
In other news, as you know, many clients charged with DUI can now continue to drive with Washington's new Ignition Interlock Device license (IIL). Defendants who have a valid license at the time of the proposed suspension for a pending DUI will qualify for the IID license provided they are not charged with Vehicular Homicide or Vehicular Assault, or have not been convicted of either of these offenses within the past seven years. There is a fee to apply for the license, as well as a $20 monthly fee that goes to assist indigent licensees. Clients are eligible for an IIL even after losing an administrative hearing contesting the suspension of their license. Note that the time to request an administrative hearing has now been shortened from 30 to 20 days. Applications for IILs are available online through DOL at: http://www.dol.wa.gov/forms/500023.pdf.
Thursday, January 15, 2009
Investigators: Federal Way murder suspect released
By LINDA BYRON / KING 5 News
FEDERAL WAY, Wash. - The young man accused in a fatal shooting at the Federal Way Transit Center a year ago has been set free.
21-year-old Glenn Proctor of Tacoma was charged with second degree murder and has been in the King County Jail for nearly a year awaiting trial.
He appeared in court this afternoon, where King County prosecutors formally dismissed charges against him.
His trial was supposed to begin Tuesday.
"The first thing he said to me was 'I told you I was innocent and I told you I didn't do it,'" Defense attorney Diane Zumwalt said. "I just looked at him and said 'I know. I've known this whole time in my heart that you didn't do it.'"
Zumwalt told KING 5 it's an amazing day.
"It's truly a relief when someone that is innocent of a crime gets the right result," she said.
The shooting happened as the evening commute was winding down at the Federal Way Transit Center just before the Martin Luther King holiday weekend a year ago. An innocent bystander was killed and an eyewitness quickly pointed the finger at Proctor.
Federal Way police issued a warrant and Proctor turned himself in.
"He felt confident that the video surveillance would get him off," Proctor's attorney Mark Prothero told KING 5.
Proctor's defense attorneys say it took months to analyze low quality images from the transit center surveillance tape. By comparing clothing and doing what are called relative cranial measurements, they say they were able to show that Proctor couldn't be the killer.
Prosecutors say that evidence, plus inaccuracies during a re-interview of the eyewitness Tuesday, convinced them to dismiss the case.
"After being locked up 11 months for no reason, it feels real good to get out," Proctor said Thursday.
Glenn Proctor's father, Glenn Roland, found out this morning his son was being released. He was surprised and happy.
"This is a very tragic situation," Glenn Roland said. "I truly feel for the family of the victim, and I understand there's an ongoing investigation."
When asked if he always believed his son was innocent, he said "absolutely."
Prosecutors asked that the case be dismissed without prejudice, meaning they could re-file charges against Proctor later, but they say that's just a standard precaution.
Sr. Deputy Prosecutor Don Raz said they are convinced their eyewitness was inaccurate. It wasn't Proctor, but another man who Federal Way Police are now looking for.
Federal Way police say they're following leads in the case.
FEDERAL WAY, Wash. - The young man accused in a fatal shooting at the Federal Way Transit Center a year ago has been set free.
21-year-old Glenn Proctor of Tacoma was charged with second degree murder and has been in the King County Jail for nearly a year awaiting trial.
He appeared in court this afternoon, where King County prosecutors formally dismissed charges against him.
His trial was supposed to begin Tuesday.
"The first thing he said to me was 'I told you I was innocent and I told you I didn't do it,'" Defense attorney Diane Zumwalt said. "I just looked at him and said 'I know. I've known this whole time in my heart that you didn't do it.'"
Zumwalt told KING 5 it's an amazing day.
"It's truly a relief when someone that is innocent of a crime gets the right result," she said.
The shooting happened as the evening commute was winding down at the Federal Way Transit Center just before the Martin Luther King holiday weekend a year ago. An innocent bystander was killed and an eyewitness quickly pointed the finger at Proctor.
Federal Way police issued a warrant and Proctor turned himself in.
"He felt confident that the video surveillance would get him off," Proctor's attorney Mark Prothero told KING 5.
Proctor's defense attorneys say it took months to analyze low quality images from the transit center surveillance tape. By comparing clothing and doing what are called relative cranial measurements, they say they were able to show that Proctor couldn't be the killer.
Prosecutors say that evidence, plus inaccuracies during a re-interview of the eyewitness Tuesday, convinced them to dismiss the case.
"After being locked up 11 months for no reason, it feels real good to get out," Proctor said Thursday.
Glenn Proctor's father, Glenn Roland, found out this morning his son was being released. He was surprised and happy.
"This is a very tragic situation," Glenn Roland said. "I truly feel for the family of the victim, and I understand there's an ongoing investigation."
When asked if he always believed his son was innocent, he said "absolutely."
Prosecutors asked that the case be dismissed without prejudice, meaning they could re-file charges against Proctor later, but they say that's just a standard precaution.
Sr. Deputy Prosecutor Don Raz said they are convinced their eyewitness was inaccurate. It wasn't Proctor, but another man who Federal Way Police are now looking for.
Federal Way police say they're following leads in the case.
16 arrested in Skagit County drug bust
By SUSANNAH FRAME / KING 5 News
MOUNT VERNON, Wash. - After a year-long investigation involving wire taps and undercover informants, a major drug bust has taken place in the Mt. Vernon area.
The round-up was executed by the Drug Enforcement Administration (DEA), the Skagit County Drug Task Force, the Skagit County Sheriff's Department and other agencies.
A spokesman for the U.S. Attorney's Office, Emily Langley, has confirmed the bust and tells KING 5 16 people have been arrested so far and that the drug being confiscated is Mexican cocaine. At least one of the defendants is a juvenile.
"The drug ring allegedly smuggled 5 to 10 kilos of cocaine per month into the United States from Mexico and distributed it in Skagit County. The ring also allegedly smuggled pound quantities of heroin," Langley said.
In addition to confiscating cocaine and heroin today, agents seized $23,000 in cash, seven vehicles and two firearms.
MOUNT VERNON, Wash. - After a year-long investigation involving wire taps and undercover informants, a major drug bust has taken place in the Mt. Vernon area.
The round-up was executed by the Drug Enforcement Administration (DEA), the Skagit County Drug Task Force, the Skagit County Sheriff's Department and other agencies.
A spokesman for the U.S. Attorney's Office, Emily Langley, has confirmed the bust and tells KING 5 16 people have been arrested so far and that the drug being confiscated is Mexican cocaine. At least one of the defendants is a juvenile.
"The drug ring allegedly smuggled 5 to 10 kilos of cocaine per month into the United States from Mexico and distributed it in Skagit County. The ring also allegedly smuggled pound quantities of heroin," Langley said.
In addition to confiscating cocaine and heroin today, agents seized $23,000 in cash, seven vehicles and two firearms.
Wednesday, January 14, 2009
Seattle police reportedly kill man with knife
KIRO-TV reports Seattle police shot and killed a man with a knife in a confrontation at a motel.
SEATTLE —
KIRO-TV reports Seattle police shot and killed a man with a knife in a confrontation at a motel.
Police responded to a 911 call at 1:17 a.m. Wednesday at a north Seattle motel - Seal's Motel at 120th and Aurora Ave.
The station reports police heard a woman screaming that a man had a knife. Officers broke through a window and confronted the man. Police say when he refused to put the knife down and stepped toward them he was shot.
This is the second fatal police shooting this year in Seattle. Officers shot a man early New Year's Day in the University District when they say he pointed a rifle at them.
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Information from: KIRO-TV, htthttp://www.kirotv.com/index.html
SEATTLE —
KIRO-TV reports Seattle police shot and killed a man with a knife in a confrontation at a motel.
Police responded to a 911 call at 1:17 a.m. Wednesday at a north Seattle motel - Seal's Motel at 120th and Aurora Ave.
The station reports police heard a woman screaming that a man had a knife. Officers broke through a window and confronted the man. Police say when he refused to put the knife down and stepped toward them he was shot.
This is the second fatal police shooting this year in Seattle. Officers shot a man early New Year's Day in the University District when they say he pointed a rifle at them.
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Information from: KIRO-TV, htthttp://www.kirotv.com/index.html
Tuesday, January 13, 2009
Kitsap County man to be retried on murder charge
The Kitsap County prosecutor's office plans to retry a man accused of killing his father.
PORT ORCHARD, Wash. —
The Kitsap County prosecutor's office plans to retry a man accused of killing his father.
The 38-year-old Seabeck man, Martin Warren, was convicted in 2006 and sentenced to life in prison for the fatal shooting in 2004 of Russell Martin.
The conviction was overturned on appeal and returned to Kitsap County.
The Kitsap Sun reports Warren was initially convicted of shooting his father while he watched TV. They had been fighting over use of a car. The son said he had been high on methamphetamine for days and didn't recall.
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Information from: Kitsap Sun, http://www.kitsapsun.com/
PORT ORCHARD, Wash. —
The Kitsap County prosecutor's office plans to retry a man accused of killing his father.
The 38-year-old Seabeck man, Martin Warren, was convicted in 2006 and sentenced to life in prison for the fatal shooting in 2004 of Russell Martin.
The conviction was overturned on appeal and returned to Kitsap County.
The Kitsap Sun reports Warren was initially convicted of shooting his father while he watched TV. They had been fighting over use of a car. The son said he had been high on methamphetamine for days and didn't recall.
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Information from: Kitsap Sun, http://www.kitsapsun.com/
Sunday, January 11, 2009
10 years for drug, weapons charges for Auburn man
P-I STAFF
U.S. District Judge Ricardo Martinez sentenced an Auburn man with five prior felony convictions to 10 years in prison Friday for possession of cocaine with intent to distribute and possession of a stolen firearm.
Roberto Martinez, 33, was arrested last March after a confidential informant for Auburn Police made three drugs buys from him. The buys were followed by a police raid on Martinez' home where officers found drugs, cash, a scale and a .380-caliber semi-automatic pistol sticking out from under a mattress, according to the U.S. Attorney's office.
Assistant U.S. Attorney Andrew Colasurdo, in asking for a lengthy sentence, told the court that Martinez was dealing drugs out of a home he shared with his 10-year-old son.
U.S. District Judge Ricardo Martinez sentenced an Auburn man with five prior felony convictions to 10 years in prison Friday for possession of cocaine with intent to distribute and possession of a stolen firearm.
Roberto Martinez, 33, was arrested last March after a confidential informant for Auburn Police made three drugs buys from him. The buys were followed by a police raid on Martinez' home where officers found drugs, cash, a scale and a .380-caliber semi-automatic pistol sticking out from under a mattress, according to the U.S. Attorney's office.
Assistant U.S. Attorney Andrew Colasurdo, in asking for a lengthy sentence, told the court that Martinez was dealing drugs out of a home he shared with his 10-year-old son.
Man indicted in shooting of witness who had testified against him
A 35-year-old Seattle man believed to be the ringleader of a sophisticated stolen-car ring has been indicted on a charge of witness tampering in connection with a drive-by shooting last May that injured a West Seattle woman and her 10-year-old son.
By Mike Carter
Seattle Times staff report
A 35-year-old Seattle man believed to be the ringleader of a sophisticated stolen-car ring has been indicted on a charge of witness tampering in connection with a drive-by shooting last May that injured a West Seattle woman and her 10-year-old son.
Devaughn Dorsey already was facing a 20-count indictment alleging his involvement in the stolen-car ring. Those charges were filed the day after the 28-year-old woman and her son were shot while standing in front of a kitchen window. Both were seriously injured but survived.
Assistant U.S. Attorney Mike Lang said the woman, who is identified only by her initials, had been a witness before a federal grand jury investigating Dorsey's activities. The woman, who has recovered from her wounds, will testify against him at trial, Lang said.
He said this is the first case of an attack on a federal grand-jury witness that he can recall.
Dorsey has a long criminal history and has been under investigation in connection with a car-theft ring for more than 18 months. Lang said the group is suspected of stealing as many as 50 high-end domestic cars from several King County car dealerships.
The vehicles' identification numbers were either removed or replaced with numbers from wrecked vehicles and then sold. So far, seven people have been indicted in connection with the theft ring. Four of them have pleaded guilty.
The new indictment against Dorsey adds two additional charges: witness tampering and discharging a firearm during a crime of violence. The first charge carries a maximum penalty of up to 30 years in prison. The gun charge would add a mandatory 10-year sentence to anything else he is convicted of.
Lang said that, in effect, convictions likely would send Dorsey to prison for life.
Mike Carter: 206-464-3706 or mcarter@seattletimes.com
By Mike Carter
Seattle Times staff report
A 35-year-old Seattle man believed to be the ringleader of a sophisticated stolen-car ring has been indicted on a charge of witness tampering in connection with a drive-by shooting last May that injured a West Seattle woman and her 10-year-old son.
Devaughn Dorsey already was facing a 20-count indictment alleging his involvement in the stolen-car ring. Those charges were filed the day after the 28-year-old woman and her son were shot while standing in front of a kitchen window. Both were seriously injured but survived.
Assistant U.S. Attorney Mike Lang said the woman, who is identified only by her initials, had been a witness before a federal grand jury investigating Dorsey's activities. The woman, who has recovered from her wounds, will testify against him at trial, Lang said.
He said this is the first case of an attack on a federal grand-jury witness that he can recall.
Dorsey has a long criminal history and has been under investigation in connection with a car-theft ring for more than 18 months. Lang said the group is suspected of stealing as many as 50 high-end domestic cars from several King County car dealerships.
The vehicles' identification numbers were either removed or replaced with numbers from wrecked vehicles and then sold. So far, seven people have been indicted in connection with the theft ring. Four of them have pleaded guilty.
The new indictment against Dorsey adds two additional charges: witness tampering and discharging a firearm during a crime of violence. The first charge carries a maximum penalty of up to 30 years in prison. The gun charge would add a mandatory 10-year sentence to anything else he is convicted of.
Lang said that, in effect, convictions likely would send Dorsey to prison for life.
Mike Carter: 206-464-3706 or mcarter@seattletimes.com
Wednesday, January 7, 2009
Another robbery at bikini barista stand
By TONYA MOSLEY / KING 5 News
TACOMA, Wash. - Bikini barista Kylie Ross said the moment the new customer drove up, she had a gut feeling something wasn't right about him.
“I noticed when I was trying to make small talk that he kept his arm up against his head so the cameras couldn't see him,” she said.
She made his drink anyway, and that's when it happened.
“He just pulled out a gun and opened his car door and leaned in our window and screamed give me all of the money all of the money,” said Ross.
Surveillance video captured the customer grabbing the cash and speeding away, but not before the video camera - and Ross - focused in on some identifying marks.
“His head was shaved bald and he had tattoos all over. It kind of scared me already so it kind of scared me already and he had a teardrop,” she said.
This is not the first time Ross has been in some scary situations. an hour before, she called police after a man exposed himself, and just a few months Ago was the boiling water incident.
“Poured boiling water on a man who was fully exposed also,” she said.
And there's more. Last week, surveillance video captured someone broke into the Java Girls stand stealing money and other items.
Espresso stands are becoming easy targets. Authorities in South King County are investigating a string of robberies at local stands.
But that's not deterring Ross.
“It happens everywhere so I don’t’ think it’s because of the job. I think it’s because we're an easy target,” she said.
TACOMA, Wash. - Bikini barista Kylie Ross said the moment the new customer drove up, she had a gut feeling something wasn't right about him.
“I noticed when I was trying to make small talk that he kept his arm up against his head so the cameras couldn't see him,” she said.
She made his drink anyway, and that's when it happened.
“He just pulled out a gun and opened his car door and leaned in our window and screamed give me all of the money all of the money,” said Ross.
Surveillance video captured the customer grabbing the cash and speeding away, but not before the video camera - and Ross - focused in on some identifying marks.
“His head was shaved bald and he had tattoos all over. It kind of scared me already so it kind of scared me already and he had a teardrop,” she said.
This is not the first time Ross has been in some scary situations. an hour before, she called police after a man exposed himself, and just a few months Ago was the boiling water incident.
“Poured boiling water on a man who was fully exposed also,” she said.
And there's more. Last week, surveillance video captured someone broke into the Java Girls stand stealing money and other items.
Espresso stands are becoming easy targets. Authorities in South King County are investigating a string of robberies at local stands.
But that's not deterring Ross.
“It happens everywhere so I don’t’ think it’s because of the job. I think it’s because we're an easy target,” she said.
Tuesday, January 6, 2009
3 members of armed-robbery ring arrested in West Seattle
Three members of a suspected armed-robbery ring that has targeted convenience stores over the last month have been arrested.
By Sara Jean Green
Seattle Times staff reporter
Map data ©2008 Tele Atlas - Terms of Use
See more mapped stories
Three members of a suspected armed-robbery ring that have been accused of targeting convenience stores over the last month have been arrested.
Since early December, a group of young men armed with handguns and a sawed-off shotgun have either robbed or attempted to rob at least eight convenience stores in West Seattle, White Center and Tukwila, said Seattle police spokesman Mark Jamieson.
At 1:37 a.m. Sunday, someone inside a West Seattle convenience store called 911. Officers arrived at the store, in the 4300 block of Southwest Admiral Way, within a minute, Jamieson said. They set up a perimeter and pulled over the suspects' car within five minutes of the 911 call, he said.
A 21-year-old man and two 18-year-old men were arrested and a handgun was recovered, Jamieson said. At least one suspect, possibly more, is still at large.
"We're happy we have three people in custody but by no means is this over," he said.
No one was hurt in any of the robberies.
In earlier robberies, at least four men in their late teens or early 20s have entered stores with bandannas or hoods covering their faces. One man is usually armed with a sawed-off shotgun or a short-barreled shotgun, he said.
"They're always very aggressive. Sometimes they're successful, sometimes they haven't got anything," he said.
During one robbery attempt in West Seattle, "a clerk chased them off with a stick," Jamieson said. In another attempted robbery at a Tukwila convenience store, "the clerk saw them coming and locked himself in a backroom," he said.
Though the robbers weren't able to open the cash register at that store, Jamieson said they "had hit three other places that night."
Seattle robbery detectives, the King County Sheriff's Office and Tukwila police are investigating.
Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com
By Sara Jean Green
Seattle Times staff reporter
Map data ©2008 Tele Atlas - Terms of Use
See more mapped stories
Three members of a suspected armed-robbery ring that have been accused of targeting convenience stores over the last month have been arrested.
Since early December, a group of young men armed with handguns and a sawed-off shotgun have either robbed or attempted to rob at least eight convenience stores in West Seattle, White Center and Tukwila, said Seattle police spokesman Mark Jamieson.
At 1:37 a.m. Sunday, someone inside a West Seattle convenience store called 911. Officers arrived at the store, in the 4300 block of Southwest Admiral Way, within a minute, Jamieson said. They set up a perimeter and pulled over the suspects' car within five minutes of the 911 call, he said.
A 21-year-old man and two 18-year-old men were arrested and a handgun was recovered, Jamieson said. At least one suspect, possibly more, is still at large.
"We're happy we have three people in custody but by no means is this over," he said.
No one was hurt in any of the robberies.
In earlier robberies, at least four men in their late teens or early 20s have entered stores with bandannas or hoods covering their faces. One man is usually armed with a sawed-off shotgun or a short-barreled shotgun, he said.
"They're always very aggressive. Sometimes they're successful, sometimes they haven't got anything," he said.
During one robbery attempt in West Seattle, "a clerk chased them off with a stick," Jamieson said. In another attempted robbery at a Tukwila convenience store, "the clerk saw them coming and locked himself in a backroom," he said.
Though the robbers weren't able to open the cash register at that store, Jamieson said they "had hit three other places that night."
Seattle robbery detectives, the King County Sheriff's Office and Tukwila police are investigating.
Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com
Sunday, January 4, 2009
Washington State Criminal Case Law Update
By: Dena Alo-Colbeck
The following cases of note were decided recently in Washington's high courts:
Supreme Court:
State v. Nguyen: Reasoning that there is no requirement under Washington law that an offense carry a lesser potential penalty than the charged crime in order to be considered an included offense for which a defendant may be convicted even if not charged, the Supreme Court affirmed that physical control is in fact an included offense of DUI. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/807523.opn.pdf
Division One Court of Appeals:
State v. Lee: The Court affirmed Mr. Lee's conviction for possession of cocaine, holding that the totality of the circumstances supported a finding that the arresting officers had a reasonable and articulable suspicion that the defendant possessed narcotics, based on an informant's statement and observations of one of the officers, and the initiation of a Terry stop was lawful at that point. The Court declined to apply the Aguilar-Spinelli test to the case with regard to the reliability and accuracy of the informant, noting that courts have long applied the totality of the circumstances test to Terry stops rather than the Aguilar-Spinelli test. The Court cited U.S. Supreme Court precedent finding that reasonable suspicion to support a Terry stop may arise from information that is less reliable than that required to establish probable cause. While there must be some indicia of reliability in the informant's tip, the Court explained that, in a totality of the circumstances test, this is but one factor to be considered by the officer, and can be weighed in light of the officer's own observations, his experience in similar situations, and the nature of the crime alleged. The Court conceded that the Aguilar-Spinelli test continues to be the proper test to be applied with regard to informant reliability with regard to search warrants, but noted that such warrants are held to a higher standard than an investigatory stop. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60669-7.pub.doc.pdf
State v. Osman: The Court reversed a superior court determination finding that a missing portion of a district court record was significant and material, finding that RALJ 5.4, which allows the district court to determine whether the missing portion of the record is significant and material, also provides for review under an abuse of discretion standard, not the de novo standard applied by the Superior court. The Court further found that the district court did not abuse its discretion in finding that the missing portion of the tape was not significant or material, and that the missing portion of the tape wsa not necessarily violative of due process until the defendant could demonstrate prejudice thereby. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60359-1.pub.doc.pdf
State v. Alphonse: The Court upheld the defendant's conviction for telephone harassment, finding that the "to convict" instruction, even if erroneous, could not be a basis for overturning the conviction as it had been proposed by the defendant. The Court further found that even with the correct instruction there would have been ample evidence to convict Mr. Alphonse. The Court rejected the defendant's assertion that the calls to a police officer were protected First Amendment speech because they were made as a lawful petition to a government official for redress of grievences, holding that once Mr. Alphonse turned to speech that was designed to harass, intimidate, or embarass the officer, the speech was removed from First Amendment protection and became criminal. The Court further rejected a challenge to the statute itself, finding that the requirement that the speaker form an intent to harass, coupled with the requirement that the speech itself be lew or profane or threatening sufficiently narrowed the harassing speech, and finding that the statute was not vague as it sufficiently described the prohibited speech, and the defendant had not demonstrated that the statute might be arbitrarily or selectively enforced. Finally, the Court did vacate a banishment order prohibiting the defendant from entering the City of Everett that had been imposed as part of the sentence, finding that less restricitive means were available to protect the victims, the restriction was unrelated to rehabilitation, and the order did not allow the defendant to petition to lift the restriction. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/58449-9.pub.doc.pdf
State v. Johnson: The trial court had dated Mr. Johnson's certificate of discharge effective as of the date of the defendant's petition for such certificate, rather than making the certificate effective as of the date that Mr. Johnson completed the terms of his sentence. The Court of Appeals remanded for further findings of fact to determine the date the court was notified that Mr. Johnson had completed the terms of his sentence, holding that this date would be the appropriate date for the certificate. A copy of the decision ay be found online at: http://www.courts.wa.gov/opinions/pdf/61311-1.pub.doc.pdf
State v. Linerud aka Cain: The Court held that when the trial court did not make an initial determination of the length of the defendant's sentence and required the DOC to calculate the defendant's time served to ensure that it did not exceed the statutory maximum, such action rendered the sentence indeterminate and in violation of the SRA. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/60769-3.pub.doc.pdf
State v. Larkins: The Court found that the defendant's Ohio burglary conviction, which rested on his intent to commit a misdemeanor, which category included crimes other than those against persons or property, was not equivalent to a burglary conviction under Washington law, because such conviction would require intent to commit a crime against a person or property only. Thus the matter was remanded for resentencing, with the Ohio conviction to be removed from the defendant's offender score. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/59559-8.pub.doc.pdf
State v. Berg: The Court vacated one conviction of third degree child molestation, finding that the jury was not properly instructed that they must find a separate and distinct act for each identically charged molestation count and the defendant was therefore subjected to double jeopardy. The Court did uphold the remainder of the convictions against the defendant, finding no error in a detective's testimony about other abuse investigations, as the defendant opened the door to that testimony. The Court further remanded for resentencing, finding that the defendant's sentence exceeded the statutory maximum for the crime charged. It upheld, however, a sentencing condition restricting contact with the defendant's biological daughter as a necessary prohibition to protect the child from similar abuse. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60729-4.pub.doc.pdf
Divison Two Court of Appeals:
State v. S.A.W.: The defendant's conviction was reversed and the case remanded for a new hearing due to the juvenile court's failure to conduct an independent assessment, through a CrR 3.5 hearing, of the credibility and voluntariness and, consequently, the admissibility, of the defendant's post-arrest oral incriminating statement, instead basing the admissibility of the statement solely on the trial testimony of one of the investigating officers. The Court heard the case despite the defendant's failure to request a 3.5 hearing prior to trial and his failure to object to the trial court not holding such a hearing, finding that the juvenile court based its adjudication on the defendant's testimony and thus the appeal raised a consittutional issue, because the defendant had the right to "have the voluntariness of an incriminating statement assessed prior to its admission." A copy of this decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36336-4.08.cor.doc.pdf
State v. Harris: The Court affirmed the trial court's calculation of the defendant's offender score, finding that the State proved his prior Louisiana convictions by a preponderance of the evidence through production of packets of documents for each offense including a felony bill of information, a page containing a stamp with specific language, the defendant's fingerprints, and a signature, and an extract of the court minutes for the trial court judge's oral sentencing ruling. Though the documents were did not include certified copies of the judgment and sentence, the Court found the documents provided sufficient to establish the prior convictions when the State on appeal was able to cite a Louisiana statute defining how that state documents a judgment, in essence, that it utilizes the very documents provided by the state at the sentencing hearing. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36725-4.08.doc.pdf
State v. Morgensen: The Court found no error in the trial court's decision to allow the jury to review the audiotape of the witnesses' trial testimony in its entirety during deliberations, holding that the trial court had carefully reviewed the Koontz factors in making that decision. The Court further found that the defendant failed to timely object to having his previous defense counsel preside over his current trial, and thus waived that objection. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36853-6.08.doc.pdf
The following cases of note were decided recently in Washington's high courts:
Supreme Court:
State v. Nguyen: Reasoning that there is no requirement under Washington law that an offense carry a lesser potential penalty than the charged crime in order to be considered an included offense for which a defendant may be convicted even if not charged, the Supreme Court affirmed that physical control is in fact an included offense of DUI. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/807523.opn.pdf
Division One Court of Appeals:
State v. Lee: The Court affirmed Mr. Lee's conviction for possession of cocaine, holding that the totality of the circumstances supported a finding that the arresting officers had a reasonable and articulable suspicion that the defendant possessed narcotics, based on an informant's statement and observations of one of the officers, and the initiation of a Terry stop was lawful at that point. The Court declined to apply the Aguilar-Spinelli test to the case with regard to the reliability and accuracy of the informant, noting that courts have long applied the totality of the circumstances test to Terry stops rather than the Aguilar-Spinelli test. The Court cited U.S. Supreme Court precedent finding that reasonable suspicion to support a Terry stop may arise from information that is less reliable than that required to establish probable cause. While there must be some indicia of reliability in the informant's tip, the Court explained that, in a totality of the circumstances test, this is but one factor to be considered by the officer, and can be weighed in light of the officer's own observations, his experience in similar situations, and the nature of the crime alleged. The Court conceded that the Aguilar-Spinelli test continues to be the proper test to be applied with regard to informant reliability with regard to search warrants, but noted that such warrants are held to a higher standard than an investigatory stop. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60669-7.pub.doc.pdf
State v. Osman: The Court reversed a superior court determination finding that a missing portion of a district court record was significant and material, finding that RALJ 5.4, which allows the district court to determine whether the missing portion of the record is significant and material, also provides for review under an abuse of discretion standard, not the de novo standard applied by the Superior court. The Court further found that the district court did not abuse its discretion in finding that the missing portion of the tape was not significant or material, and that the missing portion of the tape wsa not necessarily violative of due process until the defendant could demonstrate prejudice thereby. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60359-1.pub.doc.pdf
State v. Alphonse: The Court upheld the defendant's conviction for telephone harassment, finding that the "to convict" instruction, even if erroneous, could not be a basis for overturning the conviction as it had been proposed by the defendant. The Court further found that even with the correct instruction there would have been ample evidence to convict Mr. Alphonse. The Court rejected the defendant's assertion that the calls to a police officer were protected First Amendment speech because they were made as a lawful petition to a government official for redress of grievences, holding that once Mr. Alphonse turned to speech that was designed to harass, intimidate, or embarass the officer, the speech was removed from First Amendment protection and became criminal. The Court further rejected a challenge to the statute itself, finding that the requirement that the speaker form an intent to harass, coupled with the requirement that the speech itself be lew or profane or threatening sufficiently narrowed the harassing speech, and finding that the statute was not vague as it sufficiently described the prohibited speech, and the defendant had not demonstrated that the statute might be arbitrarily or selectively enforced. Finally, the Court did vacate a banishment order prohibiting the defendant from entering the City of Everett that had been imposed as part of the sentence, finding that less restricitive means were available to protect the victims, the restriction was unrelated to rehabilitation, and the order did not allow the defendant to petition to lift the restriction. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/58449-9.pub.doc.pdf
State v. Johnson: The trial court had dated Mr. Johnson's certificate of discharge effective as of the date of the defendant's petition for such certificate, rather than making the certificate effective as of the date that Mr. Johnson completed the terms of his sentence. The Court of Appeals remanded for further findings of fact to determine the date the court was notified that Mr. Johnson had completed the terms of his sentence, holding that this date would be the appropriate date for the certificate. A copy of the decision ay be found online at: http://www.courts.wa.gov/opinions/pdf/61311-1.pub.doc.pdf
State v. Linerud aka Cain: The Court held that when the trial court did not make an initial determination of the length of the defendant's sentence and required the DOC to calculate the defendant's time served to ensure that it did not exceed the statutory maximum, such action rendered the sentence indeterminate and in violation of the SRA. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/60769-3.pub.doc.pdf
State v. Larkins: The Court found that the defendant's Ohio burglary conviction, which rested on his intent to commit a misdemeanor, which category included crimes other than those against persons or property, was not equivalent to a burglary conviction under Washington law, because such conviction would require intent to commit a crime against a person or property only. Thus the matter was remanded for resentencing, with the Ohio conviction to be removed from the defendant's offender score. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/59559-8.pub.doc.pdf
State v. Berg: The Court vacated one conviction of third degree child molestation, finding that the jury was not properly instructed that they must find a separate and distinct act for each identically charged molestation count and the defendant was therefore subjected to double jeopardy. The Court did uphold the remainder of the convictions against the defendant, finding no error in a detective's testimony about other abuse investigations, as the defendant opened the door to that testimony. The Court further remanded for resentencing, finding that the defendant's sentence exceeded the statutory maximum for the crime charged. It upheld, however, a sentencing condition restricting contact with the defendant's biological daughter as a necessary prohibition to protect the child from similar abuse. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60729-4.pub.doc.pdf
Divison Two Court of Appeals:
State v. S.A.W.: The defendant's conviction was reversed and the case remanded for a new hearing due to the juvenile court's failure to conduct an independent assessment, through a CrR 3.5 hearing, of the credibility and voluntariness and, consequently, the admissibility, of the defendant's post-arrest oral incriminating statement, instead basing the admissibility of the statement solely on the trial testimony of one of the investigating officers. The Court heard the case despite the defendant's failure to request a 3.5 hearing prior to trial and his failure to object to the trial court not holding such a hearing, finding that the juvenile court based its adjudication on the defendant's testimony and thus the appeal raised a consittutional issue, because the defendant had the right to "have the voluntariness of an incriminating statement assessed prior to its admission." A copy of this decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36336-4.08.cor.doc.pdf
State v. Harris: The Court affirmed the trial court's calculation of the defendant's offender score, finding that the State proved his prior Louisiana convictions by a preponderance of the evidence through production of packets of documents for each offense including a felony bill of information, a page containing a stamp with specific language, the defendant's fingerprints, and a signature, and an extract of the court minutes for the trial court judge's oral sentencing ruling. Though the documents were did not include certified copies of the judgment and sentence, the Court found the documents provided sufficient to establish the prior convictions when the State on appeal was able to cite a Louisiana statute defining how that state documents a judgment, in essence, that it utilizes the very documents provided by the state at the sentencing hearing. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36725-4.08.doc.pdf
State v. Morgensen: The Court found no error in the trial court's decision to allow the jury to review the audiotape of the witnesses' trial testimony in its entirety during deliberations, holding that the trial court had carefully reviewed the Koontz factors in making that decision. The Court further found that the defendant failed to timely object to having his previous defense counsel preside over his current trial, and thus waived that objection. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36853-6.08.doc.pdf
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