Case Law Updates - July 12-23, 2010

WASHINGTON SUPREME COURT



Statute of Limitations: No tolling of the statute of limitations occurs when the defendant goes out of state for job-related training.

State v. Williamson, ___ Wn.2d ___ (No 84036-9)(July 15, 2010)



Facts: The Defendant was charged with two counts of indecent liberties, one count occurring outside the statute of limitations (SOL) by 14 days. The Defendant had been out of state for job related training for 2 weeks during the relevant time period. The trial court found that there was no evidence that the defendant intended to relocate and dismissed the case. The COA reversed, holding that the mere absence from the state was sufficient to toll the SOL.



Held: Mere absence from the state, without an intent to relocate, does not toll the statute of limitations.



Information/Sufficiency: An information must allege the essential elements to be constitutionally sufficient.

State v. Brown, ___ Wn.2d ___ (No. 84083-1)(July 15, 2010)



Facts: The defendant was charged with escape for failing to return to jail following a furlough granted to allow him to attend drug treatment. The complaint alleged that he escaped from custody “contrary to the form of the Statute in such cases made and provided.” He challenged the information for the first time on appeal.



Held: The information failed to allege the defendant acted knowingly, an essential element of escape. When a challenge to the information is raised for the first time on appeal, the court construes the document liberally, in favor of validity The court asks (1) whether the essential elements appear in any form or can be found by any fair construction and if so (2) whether the defendant was prejudiced. Here, the essential element did not appear by any fair construction. The proper remedy was dismissal without prejudice.



Duress: Duress does not require a direct threat; it may be based on an implicit threat, so long as the perception of the threat is reasonable.

State v. Harvill, ____ Wn.2d ___ (No 82358-8)(July 22, 2010)



Facts: The defendant was charged with delivery of cocaine and asked for a jury instruction on the defense of duress. The trial court denied the instruction on the ground that duress required evidence of an explicit threat. The defendant had testified and presented evidence of an implicit threat, based on his knowledge of the informant and past violent behavior of the informant.



Held: Duress can be asserted based on an implied threat if the perception of a threat is reasonable. The perception of the threat of harm can take into account the history between the actors.



Information/Sufficiency: The court can consider the information as a whole when liberally construing one count in a multiple count information

State v. Nonog, ___ Wn.2d. ___ (No 82094-5 )(July 22, 2010)



Facts: The information charged the defendant with interference with reporting domestic violence without specifying the underlying domestic violence crime. Two other counts in the same information charged crimes of domestic violence occurring on the same day.



Held: The information is liberally construed when challenged for the first time on appeal. The court may consider the whole information when liberally construing the challenged count. Here, the information was sufficient because it reasonably apprised the defendant that the underlying crimes of domestic violence were the ones alleged elsewhere in the same information.



COURT OF APPEALS



Search/Seizure: Dog sniff of area outside of a parked car is not a search.



ER 4040(b): Evidence of prior bad acts properly admitted as circumstantial

evidence connecting the defendant to the crime.



Limiting Instruction: Use of the permissive word “may” in the limiting instruction did not result in the judge commenting on the evidence.



Open Door: A defendant may open the door to inadmissible evidence, even if constitutionally protected, if the rebuttal evidence is relevant.



State v. Hartzell; State v. Tieskotter, ___ Wn.App.___ (Div I)(July 19, 2010)



Facts: These co-defendants were convicted of assault, possession of unlawful firearms and deadly weapon enhancements for shooting into an apartment while a woman and her daughter were sleeping. Police connected the defendants to the crime soon after the event, when investigating other incidents in which the defendants possessed firearms that later were tested and connected to the crime. Evidence of the other incidents was admitted at trial under ER 404(b) to show a connection between the defendants, the guns used and the crime. A limiting instruction was offered.



For defendant Harzell, police used dog to sniff of the area outside the defendant’s car to locate a firearm.



Held: The dog sniff of the air outside the parked car was not a search because the defendant had no expectation of privacy in the air coming from the open window in his vehicle. The prior bad acts evidence was properly admitted because it was circumstantial evidence connecting the defendants to the guns used in the assault. Several other issues were raised and addressed, including open door, maximum sentence, prosecutorial misconduct and sufficiency of the evidence, all resolved against the defendant.



General/specific: Under 9A.76.175 and 46.61.020, charges relating to providing false information to law enforcement, do not punish the same conduct.

State v. Ou, ___ Wn.App.___ (Div I)(July 19, 2010)



Facts: The defendant was charged with knowingly making a false or misleading statement under RCW 9A.76.175, a gross misdemeanor, for providing a false name to a police officer during a traffic stop. On appeal, he argued that he should have been charged under the more specific statute, refusal to give information or giving a false name or address under RCW 46.61.020.



Held: When a specific statute and a general statute punish the same conduct, the statutes are concurrent and the State may only charge under the specific statute. Here, the general statute contained elements the specific statute did not. Moreover, a person could violate 46.61.020 without violating 9A.76.175. Thus, the crimes to do not punish the same conduct.



Dependency: For duress to be grounds to revoke consent to adoption, it must be exerted by the party requesting consent.

In Re the Welfare of M.S., ___ Wn.App.___ (Div I)(July 19, 2010)



Facts: The appellant birth mother voluntarily relinquished her rights to DSHS in exchange for an open adoption arrangement. She later sought to revoke her consent arguing duress based on her mother’s conduct.



Held: Duress exerted by the party requesting the parent’s consent is a basis to revoke the consent. Here, the mother of the birth mother was not he party requesting consent, DSHS was.



Public Trial: The trial court musts consider the Bone-Club factors prior to closing the court room to the public.

State v. Bowen, ___ Wn.App.___ (Div II)(39096-5-II)(July 20, 2010)



Facts: The defendant was arrested for possession of drugs and firearms. At trial, the court conducted some of the voir dire in chambers without conducting the Bone-Club analysis and without considering alternatives. Defense counsel failed to object.



Held: A trial court may close a courtroom under certain circumstances, but it must first apply the Bone-Club guidelines, which include considering less restrictive alternatives to closure. Here, the trial court violated the defendant’s public trial right by conducting voir dire of some of the jurors in chambers because it did not conduct the proper analysis. The court distinguishes this case from St v. Momah and analogizes this case to St v. Strode, both recent cases dealing with a similar issue.



Assault: Forcing unwanted medical attention may constitute an assault.

State v. Koch, ___ Wn.App.___ (Div II)(38429-9-II)(July 20, 2010)



Facts: The defendant was convicted of manslaughter and criminal mistreatment in connection with the death of his father. He had been caring for his father, who was ill and refused medical treatment. Previously, the defendant had slapped his father during an argument pertaining to his father’s need for medical assistance. The father had reported the slap to the police and the defendant was prosecuted for assault. At trial, the defendant produced evidence that his father refused medical care and sought to introduce a jury instruction that forcing unwanted medical attention may constitute an assault. The trial court denied the instruction.



Held: A defendant has a due process right to jury instructions that support his theory of defense if arguably supported by the evidence. Here, the court erred in denying the defendant’s proposed jury instruction.



Exclusion of Witnesses(ER 615): A court must conduct a hearing to determine the factual circumstances surrounding a possible violation of ER 615 before excluding a witness.

State v. Szuka, ___ Wn.App.___ (Div II)(38042-1-II)(July 20, 2010)



Facts: The defendant was charged with bail jumping and other counts. At trial, he planned to call the bail bondsperson as a witness. The judge had seen the defendant and the witness talking outside the courtroom and overheard a part of their conversation including what testimony the witness would provide. The judge advised the parties the next day about what he had overheard and ordered that the witness would not be allowed to testify.



Held: The trial judge erred when excluding the defense witness’ testimony. Here, the trial judge had become a witness when he overheard the conversation. He notified the parties and made a statement about what he heard, but was not subject to cross examination. The trial judge did not conduct a factual hearing into the possible ER 615 violation, and imposing the harshest punishment upon the defendant was improper.



Persistent Offender: An adult conviction for a juvenile defendant is a most serious offense if the juvenile knowingly and intelligently waives a decline hearing and stipulates to adult court jurisdiction.



404(b): Evidence of gang affiliation and witness intimidation may be admitted to show intent and knowledge.

State v. Saenz, ___ Wn.App.___ (Div III)(27683-0-III)(July 13, 2010)

Facts: The defendant was convicted of two counts of assault 1 and unlawful possession of a firearm. A witness testified at trial that he had received threats and was assaulted in jail by a group of inmates that he assumed were acting on behalf of the defendant.



At sentencing the defendant challenged whether a prior offense, a conviction for assault 2 which occurred when the defendant was 15 and which was transferred to adult court qualified as a prior most serious offense. The defendant had waived a decline hearing and had stipulated to adult jurisdiction in that case.



Held: The trial court did not abuse its discretion when it admitted the evidence of gang affiliation and witness intimidation. The trial court weighed the probative value of the evidence against the potential prejudice. The court determined that the evidence of gang affiliation was probative to show that the shooting was intentional not accidental and that the intimidation showed guilty knowledge of the defendant and that in both instances the probative value outweighed the potential prejudice.



The prior conviction for assault 2 when the defendant was 15 may be scored as a most serious offense. The defendant waived the decline hearing and stipulated to jurisdiction of adult court. The waiver was knowing and intelligent.



Guilty Plea: A guilty plea based on mistaken information concerning sentencing consequences is involuntary; a defendant may choose specific performance or may move to withdraw his plea.

In re the Post Sentence Review of Hudgens (Div III) (28423-9)(July 13, 2010)



Facts: The defendant plead guilty to Rape of a Child in the Third Degree and the court sentenced him to a determinate sentence followed by a period of community custody. Neither the parties nor the court knew that he was supposed to receive an indeterminate sentence, the maximum being the statutory maximum and the minimum term within the standard range. The DOC contacted the State about the error and moved to have the sentence amended to comply with the statute. The defendant sought specific performance, which the trial court granted.



Held: The defendant’s plea was involuntary because it was based on a mistake as to the consequences. He was entitled to either seek specific performance or move to withdraw his plea. Here, the defendant’s choice was not unjust and the trial court properly granted his request for specific performance.

50 Reasons to Legalize/Illegalize Marijuana Today

Split on whether or not to make medical or recreational marijuana legal? It is a volatile subject. With proponents on both sides feeling strongly about their issue, putting them together can be a recipe for shouting, talking over each other, and little accomplished. So why not turn to the internet?

Those who support and oppose the idea have taken the time to lay out their arguments. In an effort to portray both sides as fairly as possible, we have gathered 50 reasons to legalize/illegalize marijuana today. They include topics on medical and recreational use, with everyone from doctors to users to parents chiming in.


50 Reasons to Legalize/Illegalize Marijuana Today

Suspected DUI driver in deadly crash once sold her baby

Difficult coexistence between medical marijuana patients, police

Issaquah in shock after Lake Sammamish shootings

KOMO-TV STAFF

Residents of the normally quiet city of Issaquah were in a state of shock a day after gunfire broke out in Lake Sammamish State Park, leaving two men dead and four injured.

"It scares me because I thought Issaquah was a safe town," said resident Emily Miller. "This is the first time I've ever heard of anything like this happening in Issaquah."

Miller said she would "think twice about going to Lake Sammamish State Park again."

"I moved to the east side because I thought it was a safe neighborhood, but now I'm not sure after the shootings," she added.

She wasn't the only one who was troubled by the explosion of violence that came without warning on a classically beautiful Northwest evening.

"It was a beautiful, nice, sunny day -- everybody was celebrating and having a good time -- and then all of a sudden, chaos -- absolute chaos," said one woman who witnessed the shootings. "It's just heartbreaking to know that can happen -- just like that, in the blink of an eye."

Riley Hilliker, who was also at the park during the shootings, said he was "extremely shocked that this would happen at Lake Sammamish State Park.

"You would never think that this would happen here," he said. "It's such a nice place -- gang violence at a state park -- it's shocking."

Another man who was at the park during the shootings said it's "crazy" that shootings would break out out a state park -- or anywhere for that matter.

"This type of violence is uncalled for anywhere in our nation," he said. "We shouldn't have this happen here in America at all, basically. We need to get a handle on gun control and stop these things from happening."

Washington: Proposed Marijuana Legalization Initiative Will Not Qualify For 2010 Ballot

July 8, 2010 - Seattle, WA, USA

Seattle, WA: A statewide ballot measure that sought to remove all state penalties for the possession, cultivation, use, and sale of marijuana by those over eighteen years of age will not qualify for the November 2010 ballot, the measure's proponents have told the Associated Press.

Backers of the volunteer effort said that they collected approximately 200,000 signatures from registered voters in favor of the proposal, known as Initiative 1068. State law requires proponents to collect some 241,000 signatures to qualify for the statewide ballot.

According to a May 2010 University of Washington poll, 52 percent of the state's registered voters said that they supported the measure, and only 35 percent opposed it.

For more information, please visit: http://sensiblewashington.org.

updated: Jul 08, 2010

Troopers issue nearly 700 citations for using cell, texting while driving

By RENTON REPORTER

State troopers have issued nearly 670 citations for cell phone or texting violations since June 10, when holding a cell phone became a primary traffic offense.

At $124 a violation, that's about $83,000 in fines.

The count runs through Thursday, July 1.

The State Patrol district that includes King County leads with the biggest number of stops, 235, and the biggest number of citations, 142.

Texting is a bigger problem in Western Washington than east of the Cascades. On the west side there were 30 citations for texting while driving and only four on the east side.

The bulk of the citations were for cell-phone use.

Even State Patrol Chief John Batiste cited a driver near Joint Base Lewis McChord in Tacoma for talking on his cell phone.

“The fellow was just driving along talking on his phone,” Batiste said in a press release. “He was fully aware of the law and had no excuses.”

Batiste believes compliance has increased since the violation became a primary offense, and that’s making things easier for troopers.

“Those who continue to flout the law are now much easier to spot,” Batiste said.

On June 10, the state’s previous law on cell phones and texting moved from a secondary offense to a primary one. That means officers no longer need some other reason to stop a driver they see texting or holding a cell phone to their ear.

One unique aspect of this law is that the State Patrol did not give a formal grace period, as it typically does with new laws. Because the basic behavior has already been illegal for two years, troopers were told to enforce the new law in exactly the same way as every other violation, according to the press release.

Troopers always have discretion to issue warnings and many did. Along with the more than 670 citations, nearly 500 warnings were issued. That is consistent with the ratio of warnings to citations given for other traffic violations, according to the press release.

During the same period in 2009, only about 110 cell phone and texting citations were issued by the State Patrol. Between 2006 and 2008 in Washington more than 3,000 drivers were involved in collisions while using hand-held wireless devices.

Schene: Teen provoked me, called my wife a prostitute

By JOHN DISCEPOLO and KOMO-TV STAFF

The former King County Sheriff's deputy on his second trial for assault says his alleged victim is to blame for his behavior.

Paul Schene has been charged with fourth-degree assault in the beating of a 15-year-old girl in a holding cell in November 2009.

On the witness stand on Monday, Schene said the victim, Malika Calhoun, assaulted him by kicking off her shoe at him. That shoe was entered as evidence on Monday as Schene told the jury the teen was trying to provoke him with her belligerent behavior.

"She referred to my wife as a prostitute, and said that she had seen my wife out on Pacific Highway," he told the jury. "It seemed like she was trying to piss us off, upset us and antagonize us."

However, Calhoun alleged the opposite when she took the stand last week. The teen admitted she insulted the then-deputy in the minutes before the jail cell attack caught on tape, but said she was only responding to the insults he'd thrown at her.

"He said, 'Well, you're working on the streets. You can work for it' -- (he was implying) that I was a prostitute," she said.

Schene had stopped Calhoun and her friend in a stolen car taken from the woman she lived with at the time. What happened next as Schene put Calhoun in the holding cell has been at the center of a months-long controversy.

Surveillance video captured the attack against Calhoun, who was 15 at the time. The footage shows Schene rush in, kick the girl, force her against a wall, then throw her to the ground. He is also seen punching her twice.

Last week, the prosecutor said Schene later downplayed the incident when he completed the mandatory use-of-force report for his supervisor: "She kicked one of her shoes off, hitting me in the right shin leg, causing me injury and pain. I placed Calhoun in handcuffs, and placed her back on a bench."

Schene said he rushed into the cell when he saw Calhoun kick a shoe toward his groin, and appeared ready to flick the other one.

In court last week, Calhoun admitted she'd aimed her shoe at the then-deputy, because she was mad at Schene over the way he was talking to her.

King County Sheriff Sue Rahr fired Schene last year for multiple violations of department policy, including excessive force.

Schene's first assault trial ended with a hung jury.

Closing arguments will be presented on Tuesday.
Comment on this story at KOMO.

More Belltown violence: Man shot in neck

KOMO-TV STAFF

One man is hospitalized with gunshot wounds to the neck and two other men are under arrest following a drive-by shooting early Sunday in Belltown.

The shooting was the third violent incident in Belltown this weekend.

Officers responded to the scene, in the 500 block of Wall Street, at about 3:30 a.m. after receiving a 911 call about shots fired.

When officers arrived they found a man lying on the ground in front of the building. He had been shot in the neck, just below the jaw, and was rushed to Harborview Medical Center.

An investigation found that the victim and friends had been at a club in the 300 block of First Avenue North.

When they left the club, they noticed a white Camaro following them. The victim and friends were standing out in front of a building when the Camaro drove by and someone from the car fired several shots, police said.

A witness called 911 and gave a good description of the car. An officer waited by the Howell Street on-ramp to Interstate 5 and spotted the Camaro as it pulled onto the freeway.

The officer followed the Camaro as it headed south on I-5 and drove onto the collector-distributor lanes. The car was eventually stopped near South Dearborn Street.

The two occupants were taken into custody without incident. Two witnesses to the shooting positively identified the vehicle.

Officers then backtracked the route of the white Camaro and found a pistol on the roadway that is believed to be the one used in the shooting.

The suspects were booked into King County Jail for investigation of assault. Police say they believe the victim was the intended target of the gunmen.

In the other Belltown incidents this weekend:

• On Friday night, an apartment manager was stabbed in the arm on Friday night as he tried to remove a group of people from the building.

• On Sunday morning at 2:40 a.m. a man was assaulted by four other men when he confronted them about making "cat-calls" at his girlfriend.

• Also, on June 6, a man was shot dead and another was critically injured outside the V Club in Belltown in a shooting that was caught on home video.

Teen girl arrested for armed robbery KOMO-TV STAFF

KOMO-TV STAFF

A teenage girl was arrested Friday afternoon after she and two others robbed a boy of $20 at gunpoint, but the other suspects are still at large.

Seattle police were called to an apartment complex at Rainier and Fontanelle a little before 4 p.m. on a report of an armed robbery. The victim told officers that he was walking through the complex when three people, a male and two females, approached him. He said the male grabbed him and demanded, "give me something", while one of the females displayed a handgun.

The victim gave the male $20, after which he was let go. He then ran home and called 911 to report the incident.

Soon after, officers spotted a teen girl at Rainier and Myrtle who matched the description given by the victim. She was contacted and arrested without incident. The handgun, which was discovered to be an airsoft pellet gun, was also recovered in the arrest. She was taken to the Youth Service Center.

A search of the area failed to turn up the other two suspects.

Felon charged in fatal shooting of 12-year-old boy in Skyway

A felon who police say fatally shot a 12-year-old boy in Skyway after mistaking him for someone else was charged with first-degree murder Thursday.

By Jennifer Sullivan
Seattle Times staff reporter

A felon who police say fatally shot a 12-year-old boy in Skyway after mistaking him for someone else was charged Thursday with first-degree murder.

Curtis Walker, 35, was arrested last month after King County sheriff's investigators told the state Department of Corrections that the man might have a firearm in his possession. Walker, who was on probation and forbidden from having firearms, was arrested at his Des Moines home on May 14, according to Chad Lewis, spokesman for the Department of Corrections (DOC).

The Prosecutor's Office held a news conference Thursday morning to announce the murder charge.

Alajawan Brown had just gotten off a Metro bus on April 29 and was walking in the parking lot of the Cedar Village Apartments, 6230 S. 129th St., when he was struck by gunfire. The boy ran to a nearby 7-Eleven, where he died.

Authorities said Walker mistakenly believed Alajawan was someone he had a dispute with when he opened fire in the parking lot. Authorities say that a total of 20 gunshots were fired, striking Alajawan and an unidentified man.

That man was taken to Harborview Medical Center in Seattle and survived.

It's unclear who shot that man.

According to court records, Walker was convicted in June 2006 of fourth-degree assault, harassment, drug possession and illegal possession of a firearm. According to a Seattle police report, he told his girlfriend that he was "a contract killer" and then threatened to kill her because she knew too much.

Police had found a semi-automatic handgun and cocaine rocks in his sweatpants pocket, prosecutors said. Officers also found marijuana in a pocket of his vest, charging papers said.

Walker pleaded guilty and was given a Drug Offender Sentencing Alternative (DOSA), in which a portion of his prison sentence was suspended so he could attend treatment. He was also ordered to serve probation.

Walker also has four prior convictions for assault, as well as convictions for drug possession, malicious mischief, reckless endangerment, harassment, obstruction, trespassing and violation of a protection order, according to charging documents filed in King County Superior Court.

Walker was arrested by the DOC last month for violating the terms of his probation, Lewis said. Probation officers confronted the man at his home after King County sheriff's deputies notified corrections officials that they had seen him on some sort of video with a gun, Lewis said.

Since May, Walker has been held at the Washington Corrections Center in Shelton and was sentenced by the DOC to remain behind bars until Sept. 4.

During a prayer vigil on May 5, Louketa Brown, one of Alajawan's six siblings, and other family members described the victim as a boy who loved family, drumming and playing football with his Renton Area Athletic Association football team, the Renton Rangers. He was returning home after buying football cleats when he was killed.

Information from Seattle Times archives is included in this report.

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com

Bellevue Police nab axe-wielding man who smashed collection agency

By BELLEVUE REPORTER

Bellevue police last night arrested the man who allegedly smashed the front door of a local collection agency with an axe Tuesday morning.

Police responded to multiple 911 calls about the incident around 9:30 a.m. and began searching for the suspect with help from a K9 team and a King County Sheriff's helicopter.

A receptionist at the collection agency, located in an office park on the 1400 block of 114th Ave. SE, saw the man hitting the door and side glass panes. Shards of glass flew across the room and hit her.

The suspect returned to his workplace in Kent and told coworkers what he had done, police said. Employees at the aerospace-related company heard reports of the incident and called authorities.

Detectives arrested the man without incident. He confessed to the crime and showed officers the axe, which was in the bushes by his office, according to police.

The suspect also admitted to spray painting the word "shyster" on the street in front of the home of one of the collection agency's employees, police said.

Records indicate the man was upset about his wages being garnished, according to police. He is in King County Jail and will be charged later this week.

Suspected squatter of $3.2 million Kirkland home arrested for criminal trespass

By CARRIE WOOD
KIRKLAND REPORTER

Kirkland Police have arrested a 30-year-old woman suspected of squatting in a $3.2 million waterfront home in Kirkland.

The woman was arrested at the home, located at 435 Eighth Ave. West, and booked in the City of Kirkland jail Tuesday.

The house located in the Market neighborhood, was at the center of a dispute between the woman, a Bellevue real estate agent and the bank.

The woman, who moved into the home more than a week ago, told police and neighbors that she owned the home. The women showed police false documents when they came to the house to investigate on June 6, said Kirkland Detective Allan O’Neill.

A thorough investigation of tax logs, utility bills and asset records revealed that First Citizens Bank is the lawful owner of the home. The bank served the woman an eviction notice last week and on Tuesday, Kirkland Police arrived at the residence with bank officials to assist in returning the home back over to the bank.

When police arrived, the woman was not in the house, but she arrived shortly after and was arrested for criminal trespass and booked into jail.

The Reporter will update this story as more details become available.

Homicide probe after dead man found in burning home

KOMO-TV STAFF

A man was found dead inside a Spanaway duplex early Sunday after crews responded to a fire there, and the Sheriff's Office is investigating the death as a homicide.

Crews from Central Pierce Fire & Rescue responded to the scene, in the 300 block of Field Road East in Spanaway, at about 1 a.m.

The fire was a minor one and was quickly extinguished - but crews found the body of a 21-year-old man inside the home who had suffered a violent death, said Pierce County Sheriff's Office spokesman Ed Troyer.

The man was already dead before the fire started, and Troyer said it appears he was killed and then the fire was started by the killer in an attempt to cover it up.

According to family members at the scene, the victim's throat was slit, but officials would not confirm the cause of death, other than to say it was violent - but not a gunshot wound.

Troyer said one or two possible suspects have been identified, and no arrests have been made. He said the motive is under investigation.

But family members told KOMO News that the victim may have been killed in a dispute over a woman.

The woman who owns the duplex was not there because she is currently at Western State Hospital, according to family members.

Family members also said that the 21-year-old victim had attended a barbecue at a friend's house on Saturday night, but the host asked him to leave after he became drunk and obnoxious.

The man left the barbecue without incident, and an hour or two later he was found dead inside the Spanaway duplex.
Comment on this story at KOMO.

Suspect in South Sound espresso stand robberies arrested

KOMO-TV STAFF

A man suspected in a string of coffee stand robberies has been arrested.

Pierce County Det. Ed Troyer said detectives, following a tip, tracked down the suspect's car and pulled him over at approximately 9:30 p.m. The two people who were riding in the car were both taken in for questioning, and the suspect was placed under arrest.

The unidentified man is suspected in a a dozen robberies that have occurred in the area in recent months, most recently late Thursday morning.

Troyer said the robber had a gun and was wearing a red bandana. The robber was not successful at the first location, but was at the second one, Troyer said.

A dozen similar robberies that have occurred around the South Sound area since March, eight of which have occurred in the past two weeks. Café Elite in Fircrest was hit on Wednesday, and the incident was captured on surveillance tape.

The footage shows just as the stand was opening at 5 a.m., a man in a hooded sweatshirt and mask race up to and climb through the stand's window, gun drawn, as the barista set the tip jar outside the window.

Inside, video shows the robber stuffing cash from the register into a sack. Then, the robber points the gun at the barista as he yells at her to get into the bathroom. Once in the bathroom, the barista said the robber pulled electrical tape out of his bag and tied her up.

Moments later, the lights go out and the robber goes back to the register. At one point he makes a mistake and takes off his bandana, giving the camera a brief glimpse of his face.

As he walks out a side door, an outdoor camera captured him pulling down his hood, revealing a bald head.

The stand's owner says the barista was tied up in the bathroom for about five minutes, and when she heard the robber leave, she untied herself and ran to a nearby restaurant to call 911.

In some of the robberies, the robber has stolen the barista's car, driven it a few blocks away and ditched it. Police say it shows these are calculated crimes; they think the robber is parking his car somewhere else so it's not caught on camera and using the barista's car to get back to his own.

Puyallup cop charged in road rage incident

By MARTHA KANG
KOMO-TV STAFF

A Puyallup police officer has been charged in a road rage incident that occurred over Memorial Day weekend.

Mark Delight has been charged with second-degree assault and reckless driving in an incident in which the officer, during his off-duty hours, allegedly chased down another driver and threatened him with a gun.

Investigators said Delight called in on May 31 and said he was following a hit-and-run suspect in an unmarked car and needed backup.

Delight told officers trouble began when he was stopped at an intersection earlier in the day, and the driver in the car behind him honked the horn.

Delight said he "saw that his light had turned green while his attention was elsewhere," and "flipped off the driver behind him" before proceeding, according to the statement of probable cause.

The officer said the driver behind him then passed him "in a reckless manner," then "slammed on his brakes," causing Delight to "'lightly' rear end" the vehicle, the document said.

The driver then took off, weaving in and out of traffic recklessly, Delight said, ultimately turning his vehicle around to strike Delight's vehicle.

When later questioned by detectives, Delight changed his story and said the other driver was making a U-turn when Delight himself "ran into (the car) on the driver's side," adding he only struck the victim because he believed the victim was about to strike him.

The hit driver admitted he'd honked his horn at Delight. He added he'd then passed him, and slowed, because he wanted to return Delight's "flip off," the statement said. But when he slowed, Delight rear-ended him, he said.

The driver said he then saw Delight reaching for something in his vehicle, he told investigators. Fearful he was reaching for a weapon, he took off, wanting to avoid further confrontation, he said.

While speeding off, however, he noticed he was being followed by Delight. In an attempt to lose the car, the driver said he decided to make a U-turn in the 7400 block of 112th Street East. As he turned, however, Delight struck him on the driver side, he told investigators.

The impact of the crash sent the hit car spinning, the driver said, and when it finally came to rest, he saw Delight exiting his car with his gun drawn.

"It was not until Delight had (the driver) on the ground with his gun pointing at him that he realized Delight was a police officer," according to the statement.

Detectives said they've found evidence on the scene that corroborates the hit driver's story. They believe "when (the hit driver) was making his U-turn, Delight crossed the entire oncoming lane and past the shoulder of the road in order to strike (him) on the driver's side of the vehicle," the document said.

Prosecutors said Delight could face additional charges.

Fleeing suspect rams two cop cars in Lake City

KOMO-TV STAFF

A suspect rammed two police cars with a dark '90s-vintage Cadillac while fleeing the scene of a car prowl early Saturday in Lake City, officers said.

Police had responded at the scene, in the 12300 block of 33rd Ave. NE, at about 4:30 a.m. after receiving a report of a car prowl in progress.

As officers were arriving in the area, they spotted the dark-colored Cadillac DeVille four-door leaving the immediate area.

An officer attempted to stop the vehicle, but the driver rammed the the patrol car and refused to stop.

Several other patrol cars were in the area and the Cadillac struck a second one as it fled down Lake City Way NE onto Interstate 5 southbound.

The damage to the patrol cars was minor and none of the officers were injured.

Officers followed the suspect vehicle until it got onto I-5, when officers backed off to prevent a dangerous situation from escalating.

Police said they have enough information on the suspect to continue following up the investigation.

Crooks rob one Ferndale home, get shot at another

KOMO-TV STAFF

FERNDALE -- Robbers raided two households in Ferndale within minutes of one another early Saturday, but the outcomes were markedly different.

The suspects got away with cash in one case - and wound up in the hospital with gunshot wounds in the other.

Investigators say they don't believe the robberies are related - despite their proximity in place and time.

In the first robbery, two men burst into a residence in the 7000 block of Tall Cedars Lane at about 3:25 a.m. and demanded cash. They got away with money and a safe.

The area was searched with K-9 police dogs, but the search was unsuccessful.

The robbers were described as two white males in their 20s, with thin builds and wearing beanie hats. One man stood about 5-foot-5 and the other about 5-foot-9.

In the second robbery, robbers demanded money from a resident in the 1200 block of Lattimore Road.

Another family member interrupted the hold-up. As the robbers left, shots were fired into the fleeing suspects' vehicle.

Shortly afterward, two people showed up at St. Joseph's Hospital in Bellingham with gunshot wounds. The injuries were not considered to be life-threatening.

Both of those suspects are now being interviewed.

Poker players fight state's online gambling law

KOMO-TV STAFF

OLYMPIA -- Online poker players plan to rally on the steps of the state Supreme Court Thursday afternoon to protest the law that makes on-line gambling a felony.

Inside, the director of the state's Poker Players Alliance is making his case before the Supreme Court. They're fighting the 2006 state law that makes online poker players felons. Opponents of the law say it makes no sense because it's legal in any poker room across the state, but not online.

What's worse, they say, is it puts online poker plays in the same category as those caught with child porn, or heroin.

"I'm completely appalled," said Lee Rousso, Poker Players Alliance Washington state director. "Of course, I mean, we're regular, salt of the earth citizens we just happen to like to play America's favorite game in the privacy of our own homes and we should be able to do that."

Those rallying on the steps say they should have the freedom to spend their money how they want.

"Everybody in America should have the choice of where to spend their money," said Tom Myers. "That's why we're in America - the reason why I want that choice is because if I want to sit on my couch and spend $100, I should have that right, it's my $100."

It will take the state Supreme Court anywhere from 6-9 months to hand down a ruling, but Rousso says the losing side will likely appeal to the U.S. Supreme Court because he thinks it's a cutting edge issue across the country.

Pierce Co. Medical MJ Arrest

Officer ordered to stay away from couple

KOMO-TV STAFF

BONNEY LAKE -- A judge has ordered a police officer with a checkered past to steer clear of a man and a woman he arrested. As a result, Officer James Keller may not even be able to answer calls near the pair's home.

But the man who was arrested says he was pounded and pummeled by the very man he thought was supposed to protect him.

Ronald Bobbitt and his sister say they saw a police car tailing them as they turned down their driveway in the early hours of March 13, 2010.

Bobbitt says he stopped before reaching his house. The police became suspicious, and that set off a violent confrontation.

"Drug me out of the frickin' car, and slung me around here," said Bobbitt.

Bobbitt suffered contusions on his head, and bumps and bruises elsewhere during his arrest.

"All he wanted to know was why we stopped in the road. (We) said, 'It's not the road; it's our driveway,'" said Melissa Smith St. John, Bobbitt's sister.

The two were booked into jail for resisting arrest and obstruction of an officer. They were so afraid for their safety that they applied for a protection order against Keller.

A judge found discrepancies in the officer's report, and granted the protection order, agreeing it would be best for everyone if Keller stayed away. The judge issued a 90-day restraining order on May 3.

"Why he has so much anger, why he does what he does scares me," said Bobbitt.

Keller says he was on the lookout for drug trafficking, saw Bobbitt turning without using his signal, and went to investigate.

"That's what I was doing on that street was being a good cop," he said. "All he had to do was just be normal and nice, and everything would have gone smooth. And I would have moved on."

Bonney Lake police refused to comment on this case or discuss Keller's past.

Six years ago, Keller, then a King County deputy, was charged with assaulting an informant. He was later cleared, but still received a 20-day suspension from the sheriff.

Keller was also involved in a fatal shooting of a Federal Way man in 2003. He was later pressured to resign from the sheriff's office.

Bobbitt says there's little evidence Keller has changed his ways since coming to Bonney Lake.

"They have a pattern of hiring these rogue cops," he said.

Bobbitt and his sister still face criminal charges from the incident.

Comment on this story at KOMONews.com.

Auburn police investigate suspicious death

KOMO-TV STAFF

AUBURN -- Police detectives are investigating the suspicious death of a 41-year-old man at an Auburn residence.

Officers responded to the scene, a house in the 100 block of D St. NW, at about noon Saturday after receiving a 911 call from a neighbor, said Sgt. Dave Colglazier of the Auburn police.

The neighbor told police that he had gone to check on the man at the residence. Looking through the window, the neighbor could see the man lying on the floor inside the home.

When officers arrived, they could not get the man to respond to them, so they entered the house to check on him.

Police found that the man was dead with injuries "not consistent with a natural death," Colglazier said.

An investigation was launched, and is continuing.

The name of the victim was not released. There have been no arrests and there was no word on a possible suspect.
Comment on this story at KOMONews.com.

Sheriff defends department in deputy shooting

KOMO-TV STAFF

TACOMA -- The Pierce County sheriff believes his department did everything right in the hours leading up to last Friday's deadly shooting by one of his deputies.

This, despite the fact the deputy's wife raised concerns about her husband shortly before the shooting.

One week ago, Deputy Allen Myron shot and killed his parents-in-law, then later turned the gun on himself.

But one hour before the shooting, Myron's wife spoke to one of his commanders, saying she had concerns about Myron's behavior.

Investigators have said an argument over a failing marriage led to the deadly shooting of Monty and Susan Multanen. Allen blamed his in-laws for meddling in their marriage, and negatively influencing his wife, Sara Myron.

Sara Myron wasn't at their home at the time, but one hour before the shooting, she had contacted her husband's supervisor to express concerns about his recent behavior.

"My understanding is that it was nothing of a major alarm," Tacoma Police Det. Mark Fulghum. "She was just trying to relay that he was a little bit more upset, but there were no threats, no violence, nothing that led her to believe that he was dangerous."

Detectives said Sara Myron never mentioned her husband's suicide attempt from December 2009. In her previous contacts with the Pierce County Sheriff's Department, Sarah Myron also said her husband "never assaulted her, made threats to harm her or anyone else and she did not feel he was dangerous," Fulghum said.

As a result, the supervisor set up an appointment for the following Monday, and Sheriff Paul Pastor believes the supervisor acted appropriately.

"After asking, 'Was there grounds for criminal behavior here? Were there grounds for intervening specifically in a criminal situation?' It sounds as if those grounds were not presented," he said.

The victims' family says no one, not even the sheriff's department, had any way of knowing what was to come.

"I think the sheriff's department acted properly," said Gary Multanen, brother of Monty Multanen. "It's an unfortunate situation. No one knew Allen was going to go into a rage."

Investigators said Allen Myron had been placed on light medical leave for 18 months due to a back injury, but was cleared to return to full patrol three months ago. The 49-year-old deputy was an 11-year veteran of the force.

Gary Multanen says the family is trying to cope the best it can with the tragedy.

"Sara is doing quite well under the circumstances. And my niece is under care, but she's ... it's traumatic for a 15-year-old," he said.

And despite the fact they're a law enforcement family, the Myrons will get no benefits since this was not a death in the line of duty.

A memorial for the Multanens is set for Monday in Vancouver.
Comment on this story at KOMONews.com.

Seattle Police Beating

Speed traps from Wazzu to Western: A guide

By JOEL CONNELLY

During talks with three Washington State University parents one recent weekend, I realized that Cougar Nation is defined not by boundaries but by shared pride and pain.

The pain, with all three, was getting caught in the infamous Colfax speed trap, where WSU-bound motorists accelerate as they leave the Whitman County seat unaware that a 25 mph speed limit is still da law.

It's tough to tell your collegian to behave when you were just zapped!

Colfax isn't the only town to exact tribute from college-bound students and their elders.

A Bellingham-bound friend, with a kid at Western Washington University, was nailed by the Washington State Patrol at another renowned trap, heading off the Samish Summit just short of the first Bellingham turnoff.

Investigative reporters can turn speed trap stories into snoozers. They pour over computer records of where arrests are made, producing dot-covered maps, but manage to ignore the thrill of the hunt and games of wits pitting predator against prey.

With that in mind, here is a thoroughly UNscientific rundown of renowned speed traps, based on testimonies from friends:

# Interstate 5 (King County): Early on Saturday mornings, the State Patrol conceals itself skillfully beneath the concrete pillars of the 145th Street overpass. Patrol officers sometimes zap you just south of the junction of I-5 and I-405. Goin' South: Watch Federal Way.
# Interstate 5 (Snohomish County to Bellingham): A renowned Northwest photographer, with a fiancee in Whatcom County, warns as follows: "Oh yeah, there are three on I-5 between Bellingham and Mt. Vernon, that I've become 'acquainted' with. "From the north, the first is near Lake Padden, the second is on an overpass near the Bow Hill casino. The third, near Mt. Vernon, is the last overpass before you drop down into the valley as you go north."
# S.R. 525 (Whidbey Island): As you head south down Whidbey, just before Freeland, the speed limit goes down to 45 mph. S.R. 525 is still brushy forest on both sides, and there's a long down grade as you approach Honeymoon Bay Rd. U.S. Rep. Jim McDermott, D-Wash., called yours truly on the cell phone just after the House of Representatives approved health care reform, causing me to pull over to take down notes. The trap might have nailed me had McD phoned ten seconds later.

# U.S. 2 (Snohomish County to Spokane): Speed limits as you pass through and leave Gold Bar MUST be obeyed. Don't display a lead foot once highway speeds are again legal: I've watched WSP pursuit from the picnic benches outside Zeke's Drive-In. Once you've pierced the "Cascade Curtain," remember to take foot off pedal around Cashmere. Lots of traffic leaves and enters U.S. 2: The State Patrol reasonably wants you to slow down so as not to hit it. If you get over to the Spokane area, slow down west of Davenport, and heed this warning from the vice chair of the state Democratic Party: "There is a speed trap that everyone should be aware of going south on U.S. 2 just around the Deer Park area, where the speed limit drops slightly." She's been caught, and has "regularly seen others fall prey."

# Interstate 5 (south to Olympia and beyond): A stretch of I-5 just north of the Nisqually River bridge, with a turn and concealed pulloffs, is one of Washington's most renowned and enduring speed traps. The State Patrol can conceal itself, like a lion in the African savannah, in the median between lanes of I-5 just north of Olympia. Coming back from Oregon? Show care north of where I-205 merges into I-5.

# Interstate 90 (Issaquah to Spokane): A Spokane businessman, who doesn't like air travel, knows the road and offers the following counsel: "The two places I consistently slow down because of the bands of roving WSP 'mobile enforcement teams' (often with an aerial component) are as one approaches Moses Lake headed west, and as one comes down off the Rye Grass divide and drops down toward Ellensburg." I would add westbound lanes, just east of Issaquah, where the speed limit lowers and I-90 twists through the Issaquah Alps.

# S.R. 26-U.S. 195 (Vantage to Pullman and WSU): Colfax is not the only place where speed kills insurance rates. Spare the lead foot around Othello, and keep an eagle eye out for the WSP and Adams County law on both sides of the S.R. 26-U.S. 395 junction.

A friend who's a senior at WSU adds this warning: "The biggest issue for students/everyone coming in and out of Pullman is that there is a poorly marked area where the speed limit changes from 60 down to 55: A lot of people get nailed because they think it's legal to drive 60 when the limit has been lowered."

The list here is partial.

As you head off to watch the offspring graduate, or enjoy sunshine after the season we call "NovApril," just remember one of the great refrains in pop music: "I fought the law and the law won."

Kirkland quadruple murderer Conner Schierman sentenced to death

By KEVIN OPSAHL
KIRKLAND REPORTER

As Leonid Milkin left a packed courtroom after hearing the jury’s decision to put Conner Schierman to death, he was heard saying, “Justice has been done.”

Schierman, a former Kirkland resident, met his fate in King County Superior Court Wednesday after being convicted of murdering Leonid’s wife, Olga Milkin, 28; her sons, Justin, 5 and Andrew, 3; and her sister, Lyubov Botvina, 24, nearly four years ago. Milkin was serving with the National Guard in Iraq at the time of the slayings.

The announcement was met with silence and Schierman just shook his head as Judge Gregory Canova read the verdict.

“We're all so relieved that this day has finally come,” Milkin said at a press conference with his family and the Botvina family after the verdict was read. “I'm just glad the justice system worked ... Conner Schierman came in the middle of the night like a thief and stole my family from me. I miss my family greatly. I won't ever forget them.”

Previously, the jury found Schierman guilty of the crime on April 12 and it took them just a day to agree on the sentence. The penalty phase lasted two weeks. The deliberated for a day and a half and were unanimous; otherwise, they would have been required by law to sentence him to life in prison without parole. The decision came at 2 p.m. on May 5.

The last time King County heard a death-penalty case was in 2001, when Dayva Cross was sentenced to death for killing his wife and two of her daughters in Snoqualmie in 1999, according to the prosecutor’s office. Schierman will join eight men on death row.

On Monday, Schierman spoke to a packed court room during an emotional 25-minute statement: “I’ve been told by people I’m going to die, I’m going to hell, but I’m already there.”

Schierman said he was in an alcohol blackout at the time of the murders. He later admitted to burning down the home on the 9500 block of Slater Avenue because he didn’t think anyone would believe he didn’t murder four people. But prosecutors contend it was because he was trying to cover up the crime.

His court-appointed attorney, Jim Conroy, defended Schierman from the very beginning, tried to make a personal appeal to the jury during the penalty phase telling them “who he is, where he came from and how he got here.”

Schierman's sister and mother were among those in an attempt to prevent the jury from sentencing the 28-year-old man to death. His family declined to comment after the sentencing.

Conroy said they would try to appeal the verdict to the state Supreme Court within the next week. He said he took issue with the jury selection and the “inflammatory” statements made by the prosecution in court.

“Conner Schierman is a good person and he’s been convicted of a very horrible crime,” Conroy said. “It’s sad because this thing is so out of context I don’t that anybody will ever known what happened July 17 of 2006. It’s not Conner; it was never Conner.”

Since King County Deputy Prosecutor Scott O’Toole had successfully tied Schierman to the killings through DNA evidence, his case during the penalty phase lasted only a little more than a day. He brought in one family member per victim to testify.

King County Prosecutor Dan Satterberg spoke to reporters at the family press conference in the King County Prosecutor’s Office.

“The death penalty is the law of this state and it is reserved for the worst of the worst of crimes,” said Satterberg, who was not in office when the prosecutors brought the death penalty charge against Schierman. “This (prosecution) team was able to bring that case together for the jury and the jury made what we believe is the right call …These are wonderful people who come to America to live the dream and that dream was shattered.”

Satterberg also called Schierman’s acts, “the worst crimes in the history of this county.” He said the day of the sentence was not about Schierman, but rather to remember the lives he took from both families. Pictures of Olga, Lyubov, Andrew and Justin were flanked on the conference table where family members spoke.

Lyubov Botvina, the mother of Olga and her 24-year-old daughter of the same namesake said she started crying when the verdict was read –and she hasn’t cried in a long time. She said she was glad the justice system worked.

The family members said at the conference that the only thing missing from Schierman’s statement was his apology for murder.

“I understand our lives are not going to be the same ever again,” said Yelena Shidlovski, sister of Lyubov and Olga. “I will never have my two sisters back. And although our lives will go on I am absolutely certain they will be in our hearts forever.”

Man accused of driving 150 mph on 520 Bridge pleads not guilty

By KOMO-TV

A man who troopers said hit 150 mph during a drunken run across the state Route 520 bridge pleaded not guilty on Monday.

Vladislav Orlovskii, of Bellevue, has been charged with DUI and reckless driving in the March 20 incident.

Washington State Patrol Trooper Dan said a trooper spotted Orlovskii's 2008 BMW M6 speeding in the eastbound lanes of SR-520, but the BMW was still quickly pulling away when the trooper reached speeds of 130 mph.

McDonald said the trooper believed the BMW hit about 150 mph while weaving between other cars on the two-lane bridge.

The trooper slowed down when the chase became dangerous, but another trooper east of the high rise on the bridge was able to stop the BMW on the exit ramp to 84th Street in Medina.

Orlovskii was obviously impaired, McDonald said, but the man gave troopers no explanation for why he was driving so fast.

McDonald said that from the time the trooper spotted Orlovskii's vehicle to the time of stop, the BMW traveled 2.59 miles in 1 minute 8 seconds, which is an average speed of 137 mph.

Orlovskii, 24, has been cited previously for multiple driving infractions, including at least twice for reckless driving.

Orlovskii is free on bail pending trial.

Jury finds Everett cop not guilty in fatal shooting of drunken driver

KOMO-TV STAFF

A Snohomish County jury on Monday found an Everett police officer not guilty of second-degree murder and manslaughter in the shooting death of a drunken driving suspect.

Officer Troy Meade's wife cried out, "Yes!" as the verdicts were read.

"I didn't think I was going to go to jail, because I knew I did the right thing," said the officer.

Jurors apparently agreed with Meade, who testified that he felt he had no options other than to shoot Niles Meservey when the man refused to get out of his car.

"My heart goes out to his family, but it was preventable," Meade said. "All he had to do was cooperate, and he just didn't."

During the trial, Meade said Meservey him gave him "nothing but problems" from the minute he arrived on the scene.

"(I explained) that we had received a 911 call...He started swearing, 'This is f-ing entrapment. This is f-ing entrapment' over and over, and over again."

Meservey, 51, of Stanwood, was intoxicated and sitting in his Corvette in the parking lot of Chuckwagon Inn last June when witnesses, worried Meservey would drive away, called police.

Meade was one of several officers who responded and boxed in Meservey's car with their patrol cars.

Meade said Meservey, 51, refused to get out of his Corvette after he had hit him with a Taser. The car lurched and Meade said he thought he was about to be pinned.

"The vehicle started to come at me," Meade testified.

Meade then opened fire, hitting Meservey seven times.

Prosecutors asked Meade why he resorted to opening fire instead of using the Taser again, asking a nearby officer for help or utilizing his pepper spray or baton. Meade said he believed warning shots were not an option since the Taser didn't work the first time.

"It's not that I didn't think of that; I didn't think they were options," he said. "I was in shock. I didn't want to kill somebody."

Snohomish County prosecutors said Meade intentionally killed Meservey, and another officer who was at the scene testified that he didn't believe the shooting was necessary to prevent Meservey from driving away.

Officer Steve Klocker told investigators that after the driver refused to comply, he heard Meade tell him, "I don't know why the (expletive) I'm trying to save your dumb (expletive), maybe to keep you from killing yourself or driving."

Klocker told investigators he remembers seeing the cars' "back-up lights." Klocker also said prior to opening fire, Meade said something along the lines of, "Time to end this, enough is enough."

Meservey's family has also filed a claim against the city of Everett, demanding up to $15 million.

In a written statement released after Monday's verdict was read, Meservey's daughter, Tanda Louden, said she is confident that a jury in a civil case will find Meade responsible for her father's death.

"I am sorry the jury was unable to convict Officer Meade of a crime, but I understand how difficult it is to obtain a conviction where there is a presumption of innocence and a burden of proving the case beyond a reasonable doubt," she said.

Washington's medical-marijuana law

Possession: Marijuana possession is illegal in Washington. But the law provides an "affirmative defense" for qualified medical-marijuana patients and designated caregivers — meaning they still can be arrested and charged but can use their authorizations as defense in court.

Supply: Qualifying patients and designated providers can have a 60-day supply — defined as 24 ounces and 15 plants (any plant at any stage of growth counting as a plant). But a patient may exceed these limits with proven medical need.

Qualifying: To qualify for medical marijuana, the Department of Health says, patients must suffer from a "terminal or debilitating medical condition" such as cancer, HIV, multiple sclerosis, epilepsy, intractable pain, Crohn's disease, hepatitis C, anorexia or others approved by the state Medical Quality Assurance Commission. Depression and anxiety don't qualify.

Doctor: You need a written recommendation from a doctor for medical marijuana — not a prescription. Effective June 1, a new law will allow some other health-care professionals, including naturopaths, to write authorizations.

Provider: A designated provider can provide pot for only one patient at any one time.

Dispensaries: Marijuana dispensaries, where medical pot can be purchased, are not legal in Washington.

Federal law: Medical marijuana is illegal under federal law, but the Justice Department has said it won't target users if they are in strict compliance with state law.

Source: State Department of Health

Man Arrested for Lawnmower DUI

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GUILTY: Schierman faces death penalty in killings of Kirkland family

By KEVIN OPSAHL
KIRKLAND REPORTER

In a packed, emotional courtroom Monday morning, a jury found Conner Schierman guilty of stabbing a Kirkland family to death nearly four years ago and burning down their home to hide the crime.

The verdict set the stage for a "penalty phase" beginning Thursday, where the same jury will determine whether he should receive life in prison without parole or the death penalty.

The jury deliberated for just under 9 hours to determine Schierman’s sentence after he was arrested for the July 17, 2006 killings of Olga Milkin, 28, of Kirkland; her sons, Justin, 5 and Andrew, 3; and her sister, Lyubov Botvina, 24.

The King County Superior Courthouse was packed with family, military veterans, and Kirkland and Redmond fire and rescue personnel. The trial began in January.

As Schierman listened to the final verdict, he sat just a few feet from Olga’s husband Leonid Milkin, who was serving with the National Guard in Iraq at the time of the slayings. Milkin was smiling and seemed relaxed moments before the hearing commenced, but family members declined to comment.

“They’re doing remarkably well, it’s been three and a half years and they’ve come to terms with what’s happened and I think that the idea that justice has been served after three and a half years is very gratifying,” King County Senior Deputy Prosecutor Scott O’Toole told the Reporter after the verdict was read. “They want to see the process move to the end of the penalty phase … they have the faith and trust in the jury.”

The State v. Schierman case is the first death-penalty case heard in King County since 2001, when Dayva Cross was sentenced to death for killing his wife and two of her daughters in Snoqualmie in 1999, according to other news reports. The jury could not comment because of their involvement in the penalty phase.

Schierman, 28, did not testify when his defense council closed their case on April 5 after more than two weeks of testimony.

Defense attorney Jim Conroy made his remarks to reporters after the hearing, saying that he hopes the jury will “get to know” Schierman “by telling them about Conner as a person” in the penalty phase, but did not criticize the jury’s decision.

“We obviously disagree with the outcome,” Conroy said. “We have a lot of work to do.”

Schierman's court-appointed attorney’s strategy to convince the jury of his innocence centered on a "voluntary intoxication" defense, the claim that the Bellevue native had an alcoholic blackout and woke from it to find himself covered in blood, surrounded by the dead. They suggested in closing arguments that a third party could have been involved in the incident.

Schierman later admitted he poured gasoline in and around the home, but could never give an explanation as to how the family was killed.

“If you didn’t know what you had done, wouldn’t you go, ‘oh my god! There’s a madman here … I’m getting out of town,’” Deputy Prosecutor Scott O’Toole said to the jury in his closing statement last week.

Until his arrest, Schierman had no criminal record.

O’Toole was successful in making the state’s case that Schierman was guilty, bringing everyone from police to Schierman's roommates – and even Leonid Milkin himself - to the witness stand. Schierman was accused of entering the home, in the 9500 block of Slater Avenue Northeast, armed with two knives, firearms, gloves and an ax.

O’Toole also used evidence that linked the young man to the killings. Investigators recovered Schierman's DNA from several items found in the Milkin's home, including a pair of men's shorts, a pair of gloves and a knife the Leonid Milkin found in the ruble of the murder site. In addition, Olga's Milkin’s DNA was identified on Schierman's necklace he wore when he was arrested after the killing. DNA of both women was found on the soles of Schierman's shoes.

However, the prosecution could not establish a motive.

In all there were 67 state witnesses and 18 defense witnesses during the jury trial.

Medical marijuana activist claims 'assault by bodily fluid'

By MATT PHELPS
KIRKLAND REPORTER

Finn Hill resident and medical marijuana advocate Steve Sarich has many complaints about how he has been treated by the King County Sheriff's Office in the wake of the home invasion robbery he endured on March 15.

But Sarich's latest complaint against the sheriff's office is the most disgusting - excrement smeared on his walls. In e-mails to the King County Sheriff's Office on April 2 and 5, Sarich claims that detectives spread human feces on the wall behind his bed and nightstand.

Sarich said that he is getting the substance tested but he is sure that it is not dog excrement.

“I have three dogs and I know the difference,” said Sarich in the e-mail. “Chelsea (his girlfriend) and I are willing to take DNA tests to prove it’s not ours. This is ‘assault by bodily fluid.’”

A Sheriff's department press release said that "Sarich offered no motive for detectives defecating in his house and then spreading it on the wall. He did not mention it to detectives who met with him on March 19 and 20 while doing follow-up work on the robbery investigation."

"We took control of the house on Monday (March 15) and he spent the night somewhere else," said King County Sheriff's spokesman John Urquhart. "He did not come back until Tuesday but the detectives were back out there a few times during the remainder of the week."

Urquhart said that a warrant to search his house was obtained for the robbery and for the illegal marijuana plants.

Sarich is currently suing the sherrif's office for taking what he and his lawyer consider a legal number of marijuana plants from his home during the investigation. Sarich has also complained that he cannot purchase a hand gun.

"That has nothing to do with us," said Urquhart. "There is a five day waiting period and under federal law a medical marijuana patient cannot purchase a gun."

Sarich's issue with the King County Sheriff's Office began when he and his girlfriend awoke on the morning of March 15 to intruders attempting to rob his home. The home invasion robbery ended with one of the five intruders and Sarich at the hospital with gun shot wounds. Sarich was released the same day with minor injuries. The wounded 18-year-old, who was not armed, remains hospitalized after his lower leg was amputated due to his injuries. Three of the remaining four (one was armed and exchanged gunfire with Sarich during the home invasion) are still in jail and all five have been charged by the Prosecutor’s Office.

The sheriff's office said that well over 350 marijuana plants were found in the residence, along with processed marijuana and food infused with apparent marijuana. The investigation is continuing and the case has not yet been referred for presecution.