SUPREME COURT
Criminal Mistreatment: Child and Dependant are Not Mutually Exclusive Terms
State v. Mitchell, ___ Wn.2d ___ (Aug. 12, 2010)
Facts: The defendant was convicted of criminal mistreatment for the abuse and neglect of a four year old boy.
Held: The State established beyond a reasonable doubt all of the essential elements of the crime. The terms child and dependent are not mutually exclusive for purposes of establishing whether “people who assume responsibility to provide the basic necessities of life for a dependent person” can be found guilty of criminal mistreatment when the victim is a child.
Persistent Offender: Verdict Finding of Firearm Facially Valid in Determining whether the Defendant Was Armed with a Deadly Weapon
In re Cruze, __ Wn.2d ___ (Aug 12, 2010)
Facts: The defendant was sentenced to life in prison as a persistent offender. Several years after the one year time limit to appeal had passed, he filed a PRP and challenged the second strike conviction, a 1996 drug conviction with a special verdict finding that he was armed with a firearm at the time of the drug crime. In the PRP, he argued that the 1996 conviction was facially invalid and should not qualify as a “most serious offense.”
Held: A deadly weapon verdict is any verdict or finding made in compliance with the procedures of former RCW 9.94A.125 that determines that the defendant used an item that former RCW 9.94A.125 defined as a deadly weapon. Where state established that the defendant was armed with a firearm, and not specifically a deadly weapon, the conviction is facially valid and the one-year time bar applies.
Search/Seizure: Gant Still Applies; No Good Faith Exception for Police
State v Adams, __ Wn.2d ___ (Aug 19, 2010)
Facts: The defendant was arrested on a warrant and his vehicle was searched incident to arrest, yielding drugs. Here, the defendant was not in reaching distance of the passenger compartment at the time of the search, there was no officer safety concern and no need to secure evidence of the crime of arrest. The State argued good faith exception should apply.
Held: There is no good faith exception to the exclusionary rule under the Washington Constitution.
Double Jeopardy: Violated when court explicitly holds vacated less conviction alive for reinstatement should the more serious conviction for the same criminal conduct fail on appeal.
State v. Turner, __ Wn.2d ___ (Aug 19, 2010)
Facts: Two separate defendants were convicted of multiple crimes. Based on double jeopardy some lesser crimes were vacated at sentencing but conditionally. The trial courts issued order stating that if the greater convictions were overturned on appeal, the convictions of the vacated crimes could be reinstated.
Held: In some circumstances that a lesser conviction previously vacated may be revived following appellate reversal of the more serious conviction, but explicit conditional vacation of a lesser conviction violates double jeopardy. The court may not state orally, or include in the judgment and sentence, any reference to the vacated conviction, nor can the court make reference to the vacated conviction at sentencing.
WASHINGTON COURT OF APPEALS
Sentencing/Crime Against Law Enforcement Officer: Sufficient evidence supports the aggravating circumstance that the defendant committed the crime against a law enforcement officer.
Search/Seizure: an unlawful seizure by police does not justify shooting at the police officer when only faced with loss of freedom. A person may only use reasonable and proportional force to resist injury from an officer.
State v Mann, ___ Wn.App.___ (Div. III) (No. 27317-2-III) (Aug.12, 2010)
Facts: The defendant was a passenger in a vehicle stopped for a traffic infraction. He ran from the scene, fleeing after the patrol officer instructed him to stop. Police followed his footprints and found him. Gunfire was exchanged and he was arrested. He was charged with and convicted of assault 1, and other weapons and drug charges, and the aggravator of committing the offense against a law enforcement officer. He received an exceptional sentence of 48 months above the standard range. The defendant challenged the seizure for the first time on appeal.
Held: There was sufficient evidence to show the defendant knew that the victim was a law enforcement officer. The defendant testified that he thought it was the police that found him and told him to surrender, but denied shooting intentionally. Forensic evidence contradicted the defendant’s version of an accidental shooting.
The seizure was unlawful, but that did not excuse the defendant’s conduct of shooting at the officer. A person can use reasonable and proportional force to resist injury from an officer during an arrest but not when faced only with loss of freedom.
71.09: evidence that a respondent may be eligible for the CPP program is not admissible in 71.09 proceeding unless the option would certainly exist upon unconditional release.
In Re Mulkins, ___ Wn.App. ___ (Div I)(No. 63222-1-I)(Aug. 9, 2010)
Facts: The respondent had two prior convictions for child molestation, one juvenile and one adult. Prior to his release from prison on the adult matter, the State filed a 71.09 petition. While serving his sentence, he received a letter from DSHS indicating he might be eligible for a voluntary program of supervision (CPP). He sought to introduce the letter at trial but the court denied it.
Held: A respondent in a 71.09 proceeding is not entitled to present evidence that he is eligible to participate in the CPP program unless the evidence establishes the option would in fact exist for him upon his unconditional release from detention. The letter only indicated he might qualify, not that he had been accepted. The trial court properly refused to allow the letter into evidence.
71.09: A jury demand made after a 71.09 case has been set for trial is generally too late.
71.09: First degree statutory rape is a automatically “crime of sexual violence.”
In Re Coppin, ___ Wn.App.___ (Div I)(No. 64963-9)(Aug 16, 2010)
Facts: The State sought to have Mr. Coppin civilly committed under RCW 71.09. Six days prior to trial Mr. Coppin waived his right to a jury trial. On the first morning of trial he requested a jury trial.
Held: The trial court did not abuse its discretion when it denied Mr. Coppin a jury trial on the first morning of trial. A jury demand made after a 71.09 case has been set for trial is generally too late.
In order to have a person civilly committed under RCW 71.09, the State must show the person has been convicted of or charged with a crime of sexual violence. Here, first degree statutory rape is automatically “crime of sexual violence,” and the State need not specifically show the crime involved violence.
Felony DUI: Whether a prior offense meets the statutory definition of 46.61.5055(13) is not an element of the crime. It is a threshold question of law for the court to determine admissibility of the prior offense at trial.
State v. Chambers, ___ Wn.App.___ (Div I)(No. 61857-1)(Aug 16, 2010)
Facts: The defendant was charged and convicted of felony DUI. Her prior offenses included three Washington convictions and a California conviction. The defense requested a bifurcated trial, which the court denied, then argued that the jury had to find the out of state prior met the definition of prior offense.
Held: The validity of a prior conviction is a question of law and a threshold question of admissibility for the court to decide, but the fact that the defendant has prior convictions that elevate a crime to a felony is a essential element that he State must prove to the jury beyond a reasonable doubt.
Duress Defense: Prior criminal association with others which recklessly contributes to the circumstances of duress is an exception to the defense.
State v. Healy, ___ Wn.App.___ (Div I)(No. 62994-8)(Aug 16, 2010)
Facts: The defendant was tried for burglarizing model homes. He testified that he was forced to commit the crimes by two former associates who threatened him and his 82 year old mother. The jury was instructed on the defense of duress, including optional language explaining that the defense is not available if the defendant recklessly puts himself in a situation likely to result in duress.
Held: Here, the court properly allowed the language in the instruction on the recklessness exception. The defendant testified that he had previously been criminally involved with the associates who forced him to commit these crimes and he failed to avail himself of several non-criminal options when he was threatened.
Prosecutorial Misconduct: A prosecutor may comment on a witness’ veracity as long as the prosecutor does not express a personal opinion and the comments are not intended to incite the passions of the jury.
Sentencing: Because the free crimes aggravator falls into the prior conviction exception to Blakely, notice is not required before the State seeks an exceptional sentence under that aggravator.
State v. Edvalds, ___ Wn.App.___ (Div I)(No. 64953-1)(Aug 16, 2010)
Facts: The defendant was convicted of burglary, theft and possession of drugs. On appeal he alleged prosecutorial misconduct. During trial the prosecutor questioned the defendant’s credibility. He also mentioned surveillance despite an order in limine that the parties not use the term surveillance.
Held: Regarding the comments on the defendant’s credibility, the defendant failed to show on appeal that the comments were improper or created prejudice. A prosecutor may comment on a witness’ veracity as long as the prosecutor does not express a personal opinion and the comments are not intended to incite the passions of the jury. Regarding the mention of surveillance, the prosecutor did his best to abide by the court’s order in limine while having an officer identify the defendant.
After trial but prior to sentencing, the defendant pleaded guilty to several new felonies. The State sought an exceptional sentence on the charges the defendant had taken to trial under the free crimes provision of the SRA. On appeal, the defendant argued the State’s failure to give him notice that it would be seeking an exceptional sentence meant the court could not impose an exceptional sentence. The Court of Appeals disagreed, holding the because the free crimes aggravator falls into the prior conviction exception to Blakely, notice is not required before the State seeks an exceptional sentence under that aggravator.
Indecent Exposure: A witness does not need to observe exposed genitalia to prove the crime of indecent exposure.
Sentencing/Sexual Motivation/404b: The aggravator may be proven by prior convictions if they establish a sexually motivated pattern of behavior.
Double Jeopardy/Unit of Prosecution: The unit of prosecution for indecent exposure is per exposure, not per witness, even if exposure to witnesses is separated by time.
State v. Vars, ___ Wn.App.___ (Div I)(No. 64963-9)(Aug 16, 2010)
Facts: The defendant was charged and convicted of two counts of indecent exposure with sexual motivation for roaming the streets of a Kirkland neighborhood in the early morning hours naked. Two witnesses saw him but did not see his genitalia. On appeal he challenged the sufficiency of the evidence on the underlying crime as well as the aggravator. The trial court allowed in evidence of 3 of the defendant’s 8 similar priors to establish proof of the aggravator.
Held: A witness need not see the offender’s exposed genitalia to establish proof of the underlying crime. If an obscene exposure takes place when another is present, and the offender knew the exposure likely would cause reasonable alarm the offender has committed the crime. Here there was sufficient evidence of the sexual motivation aggravator. The common elements of the prior similar offenses permit the reasonable inference that the conduct was sexually motivated.
Sealed Records: Redacted indigent defense billing records of a closed criminal case may be accessed by the media under GR 15.
State v. Mendez, ___ Wn.App.___ (Div I)(No. 27535-3)(Aug 19, 2010)
Facts: The defendant was charged with Aggravated Murder in Yakima County and the State filed a death penalty notice. The court appointed death penalty qualified attorneys. A “budget judge” that was separate from the trial judge was appointed to address costs and attorney fees. Defense counsel sought an obtained an order sealing the billing records and related documents. After the case resolved, the Yakima Herald sought the billing records under the Public Records Act. The trial court denied the motion. The paper appealed then later moved to intervene, arguing that the records could be unsealed under GR 15 (e)(2) since the case was final. The trial court granted the motion to unseal the documents subject to redactions to protect privileged communications and attorney work product.
Held: The newspaper has standing to intervene to unseal the records, and the court did not err when allowing access to unprivileged materials.
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Friday, August 27, 2010
Thursday, August 26, 2010
Supreme Court Opinions, August 26, 2010
State v. Bunker, No Contact Orders
Former RCW 26.50.110 criminalizes all no-contact order violations and is not limited to contacts with the protected party that are violent, threaten violence or occur in a specifically prohibited place.
State v. Kintz, Stalking
Trial court's interpretation of "separate occasions" upheld where the the acts were "dinstinct, individual, noncontinuance occurence or incident", but not necessarily separated in time. In both incidents, defendant's conduct occurred over a very short period of time.
State v. Meneses, Telephone Harassment (Mens Rea); Double Jeopardy
Telephone Harassment requires that the jury find that the defendant form the intent to harass at the time the call is "made".
Convictions for telephone harassment and intimidating a witness may not violate the double jeopardy protection against multiple punishments for the same offense.
These and all other cases from the last ninety days can be found here:
http://www.courts.wa.gov/opinions/?fa=opinions.recent
Former RCW 26.50.110 criminalizes all no-contact order violations and is not limited to contacts with the protected party that are violent, threaten violence or occur in a specifically prohibited place.
State v. Kintz, Stalking
Trial court's interpretation of "separate occasions" upheld where the the acts were "dinstinct, individual, noncontinuance occurence or incident", but not necessarily separated in time. In both incidents, defendant's conduct occurred over a very short period of time.
State v. Meneses, Telephone Harassment (Mens Rea); Double Jeopardy
Telephone Harassment requires that the jury find that the defendant form the intent to harass at the time the call is "made".
Convictions for telephone harassment and intimidating a witness may not violate the double jeopardy protection against multiple punishments for the same offense.
These and all other cases from the last ninety days can be found here:
http://www.courts.wa.gov/opinions/?fa=opinions.recent
Thursday, August 19, 2010
Supreme Court Opinions, August 19, 2010
Stave v. Adams, Search and Seizure: Gant Still Applies; No Good Faith Exception for Police Acting Under Good Faith
Where the arrested person is not within reaching distance of the passenger compartment of the vehicle at the time of the search and the search was not triggered by officer safety concerns or the need to secure evidence of the crime for which the suspect was arrested, the search violates the 4th amendment and the evidence obtained is the fruit of an illegal search. There is no “good faith” exception to the exclusionary rule in cases that involve police acting under a mistaken but good faith belief that their actions were constitutional.
State v. Turner, Double Jeopardy: Violated when court explicitly holds vacated less conviction alive for reinstatement should the more serious conviction for the same criminal conduct fail on appeal.
A court may violate double jeopardy either by reducing to judgment both the greater and the lesser of two convictions for the same offense or by conditionally vacating the lesser conviction while directing, in some form or another, that the conviction nonetheless remains valid. A judgment and sentence must not include any reference to the vacated conviction-nor may an order appended thereto include such a reference; similarly, no reference should be made to the vacated conviction at sentencing.
These and all other opinions from the last 90 days can be found on the courts web page. Here is a link: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent
Where the arrested person is not within reaching distance of the passenger compartment of the vehicle at the time of the search and the search was not triggered by officer safety concerns or the need to secure evidence of the crime for which the suspect was arrested, the search violates the 4th amendment and the evidence obtained is the fruit of an illegal search. There is no “good faith” exception to the exclusionary rule in cases that involve police acting under a mistaken but good faith belief that their actions were constitutional.
State v. Turner, Double Jeopardy: Violated when court explicitly holds vacated less conviction alive for reinstatement should the more serious conviction for the same criminal conduct fail on appeal.
A court may violate double jeopardy either by reducing to judgment both the greater and the lesser of two convictions for the same offense or by conditionally vacating the lesser conviction while directing, in some form or another, that the conviction nonetheless remains valid. A judgment and sentence must not include any reference to the vacated conviction-nor may an order appended thereto include such a reference; similarly, no reference should be made to the vacated conviction at sentencing.
These and all other opinions from the last 90 days can be found on the courts web page. Here is a link: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent
Thursday, August 12, 2010
Case Law Updates
July 26 – August 6, 2010
Washington State Supreme Court
Death Penalty: The legislature properly delegated authority to DOC to create a protocol for executions.
Brown v. Vail, __ Wn.2d___ (July 29, 2010)
Facts: The appellants were death row inmates who challenged DOC’s three drug protocol for executions.
Held: DOC abandoned the three drug execution protocol in March 2010 and adopted a one drug protocol, making appellants’ argument moot. However, the court addressed appellants’ other arguments. The legislature properly delegated to DOC the authority to establish a protocol for executions.
Harassment: A true threat requires proof that the defendant was at least negligent as to his statements’ effect on listeners. Jury instructions should define true threats.
State v. Schaler, __ Wn.2d___ (July 29, 2010)
Facts: The defendant was convicted of two counts of felony harassment for saying during a mental health exam that he wanted to kill two of his neighbors. However, the jury was not instructed that the defendant’s statements had to be true threats to support a conviction.
Held: A true threat requires proof that the defendant was at least negligent as to his statements’ effect on listeners. In other words, the State must establish that a reasonable person in the defendant’s position would foresee that his statements would be interpreted as a serious expression of intention to carry out the threats. Here, because the jury instructions did not define a true threat, a jury might have convicted the defendant for statements that were not true threats. The error was not harmless.
Judicial Discipline: Judge Eiler violated CJC 3(A)(3).
In re Eiler, __ Wn.2d___ (August 5, 2010)
Facts: Judge Eiler was rude and demeaning to pro se litigants and attorneys in her courtroom.
Held: Judge Eiler violated cannon 3(A)(3) of the Code of Judicial Conduct (CJC), which requires judges to be patient, dignified and courteous. The proper penalty was a 5-day suspension.
Search and Seizure: Probable cause alone will not support a warrantless search. Officers must seek a search warrant unless exigencies make that impractical.
State v. Tibbles, __ Wn.2d___ (August 5, 2010)
Facts: A police officer stopped the defendant’s car for an equipment violation and smelled marijuana. The officer did not arrest the defendant but searched the car and found marijuana. The defendant was not fleeing.
Held: The marijuana should have been suppressed because no exception to the warrant requirement applied to allow the search. Here, the officer could have sought a warrant but did not. The existence of probable cause will support an application for a warrant, but alone it does not support a warrantless search.
Court of Appeals
NGRI: The maximum term a person can be committed for following a finding of NGRI is the statutory maximum sentence for any one of the charged offenses.
State v. Reanier ___ Wash.App.___ (Div I) (August 2, 2010)
Facts: The defendant entered a plea agreement whereby the State amended his charge of second degree assault to two counts of third degree assault. The maximum sentence for third degree assault is 5 years. The court then entered an order of acquittal by reason of insanity and ordered the defendant committed for treatment for 10 years, or two consecutive 5 year terms.
Held: RCW 10.77.025(1) says that, following an acquittal by reason of insanity, the defendant can be committed for a term that does not exceed the maximum sentence. Here, the Court of Appeals held that the five-year maximum sentence for third degree assault was the maximum amount of time the defendant could be committed. The trial court acted illegally when it ran two five year terms consecutively.
Dependency: The Interstate Compact on Placement of Children (ICPC) does not apply to parental placements.
In re Dependency of D. F-M ___ Wash.App.___ (Div I) (August 2, 2010)
Facts: D lived with his mother in Washington, and D’s father lived in Oklahoma. When DSHS sought to limit the mother’s parental rights, D’s father asked to have D live with him in Oklahoma. However, the father’s housing was inadequate under an Oklahoma policy, but not under Washington’s policies. The Washington Court sent D to live with his father in Oklahoma in spite of the housing issue, which resulted in there being no positive interstate compact on placement of children (ICPC) home study.
Held: The ICPC does not apply when a child is placed with that child’s parent, so it was permissible for the court to send D to live with his father in Oklahoma despite the lack of a positive ICPC home study.
Washington State Supreme Court
Death Penalty: The legislature properly delegated authority to DOC to create a protocol for executions.
Brown v. Vail, __ Wn.2d___ (July 29, 2010)
Facts: The appellants were death row inmates who challenged DOC’s three drug protocol for executions.
Held: DOC abandoned the three drug execution protocol in March 2010 and adopted a one drug protocol, making appellants’ argument moot. However, the court addressed appellants’ other arguments. The legislature properly delegated to DOC the authority to establish a protocol for executions.
Harassment: A true threat requires proof that the defendant was at least negligent as to his statements’ effect on listeners. Jury instructions should define true threats.
State v. Schaler, __ Wn.2d___ (July 29, 2010)
Facts: The defendant was convicted of two counts of felony harassment for saying during a mental health exam that he wanted to kill two of his neighbors. However, the jury was not instructed that the defendant’s statements had to be true threats to support a conviction.
Held: A true threat requires proof that the defendant was at least negligent as to his statements’ effect on listeners. In other words, the State must establish that a reasonable person in the defendant’s position would foresee that his statements would be interpreted as a serious expression of intention to carry out the threats. Here, because the jury instructions did not define a true threat, a jury might have convicted the defendant for statements that were not true threats. The error was not harmless.
Judicial Discipline: Judge Eiler violated CJC 3(A)(3).
In re Eiler, __ Wn.2d___ (August 5, 2010)
Facts: Judge Eiler was rude and demeaning to pro se litigants and attorneys in her courtroom.
Held: Judge Eiler violated cannon 3(A)(3) of the Code of Judicial Conduct (CJC), which requires judges to be patient, dignified and courteous. The proper penalty was a 5-day suspension.
Search and Seizure: Probable cause alone will not support a warrantless search. Officers must seek a search warrant unless exigencies make that impractical.
State v. Tibbles, __ Wn.2d___ (August 5, 2010)
Facts: A police officer stopped the defendant’s car for an equipment violation and smelled marijuana. The officer did not arrest the defendant but searched the car and found marijuana. The defendant was not fleeing.
Held: The marijuana should have been suppressed because no exception to the warrant requirement applied to allow the search. Here, the officer could have sought a warrant but did not. The existence of probable cause will support an application for a warrant, but alone it does not support a warrantless search.
Court of Appeals
NGRI: The maximum term a person can be committed for following a finding of NGRI is the statutory maximum sentence for any one of the charged offenses.
State v. Reanier ___ Wash.App.___ (Div I) (August 2, 2010)
Facts: The defendant entered a plea agreement whereby the State amended his charge of second degree assault to two counts of third degree assault. The maximum sentence for third degree assault is 5 years. The court then entered an order of acquittal by reason of insanity and ordered the defendant committed for treatment for 10 years, or two consecutive 5 year terms.
Held: RCW 10.77.025(1) says that, following an acquittal by reason of insanity, the defendant can be committed for a term that does not exceed the maximum sentence. Here, the Court of Appeals held that the five-year maximum sentence for third degree assault was the maximum amount of time the defendant could be committed. The trial court acted illegally when it ran two five year terms consecutively.
Dependency: The Interstate Compact on Placement of Children (ICPC) does not apply to parental placements.
In re Dependency of D. F-M ___ Wash.App.___ (Div I) (August 2, 2010)
Facts: D lived with his mother in Washington, and D’s father lived in Oklahoma. When DSHS sought to limit the mother’s parental rights, D’s father asked to have D live with him in Oklahoma. However, the father’s housing was inadequate under an Oklahoma policy, but not under Washington’s policies. The Washington Court sent D to live with his father in Oklahoma in spite of the housing issue, which resulted in there being no positive interstate compact on placement of children (ICPC) home study.
Held: The ICPC does not apply when a child is placed with that child’s parent, so it was permissible for the court to send D to live with his father in Oklahoma despite the lack of a positive ICPC home study.
Saturday, August 7, 2010
Monday, August 2, 2010
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.
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
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
Wednesday, July 28, 2010
Monday, July 26, 2010
Monday, July 19, 2010
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."
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."
Friday, July 9, 2010
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
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
Monday, July 5, 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.
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.
Tuesday, June 29, 2010
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.
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.
Monday, June 21, 2010
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.
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.
Saturday, June 19, 2010
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.
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.
Thursday, June 17, 2010
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
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.
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.
Wednesday, June 16, 2010
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.
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.
Monday, June 14, 2010
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.
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.
Friday, June 11, 2010
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.
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.
Wednesday, June 9, 2010
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.
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.
Sunday, June 6, 2010
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.
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.
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.
Thursday, May 27, 2010
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.
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.
Tuesday, May 25, 2010
Monday, May 24, 2010
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.
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.
Sunday, May 23, 2010
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.
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.
Saturday, May 22, 2010
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.
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.
Sunday, May 9, 2010
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."
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."
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