KING5.com Staff
EVERETT, Wash. – Maybe he really believed in the phrase “Keep your friends close. Keep your enemies closer.”
A 24-year-old Everett man was arrested Wednesday morning for allegedly trying to sell Oxycodone and other drugs inside a stall in the men’s bathroom at the Everett Police Station.
According to Everett Police, a plain-clothed police sergeant and an officer were in the bathroom when they heard the man answer his cell phone and try to make the deal.
Police say the sergeant continued to listen in as the man made several other phone calls in an apparent attempt to sell the drugs.
The man was confronted by officers as he left the bathroom, where police say he admitted to trying to sell the drugs and handed them over.
Police say the man apparently thought he was at a probation office, not a police station.
The suspect was booked into the Snohomish County Jail.
Experienced legal counsel to cannabis businesses, entrepreneurs, and patients.
Seattle, Washington (206) 728-0200
Thursday, January 29, 2009
Sunday, January 25, 2009
Man held in fatal shooting in Sunnyside
A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.
SUNNYSIDE, Wash. —
A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.
The 25-year-old Sunnyside man was taken into custody late Wednesday at a home in nearby Granger, but Sunnyside police did not announce the arrest until two days later.
The man is being held for investigation of second-degree murder, first-degree assault and second-degree assault.
Police spokeswoman Charlotte Hinderlider says the man is believed to be involved in the death of 22-year-old Jesus (hay-SOOS') Tlaseca Sosa. Sosa was fatally shot and a 20-year-old man and a 16-year-old boy were injured on Jan. 4 at an AM-PM Mini-Mart in Sunnyside.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
SUNNYSIDE, Wash. —
A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.
The 25-year-old Sunnyside man was taken into custody late Wednesday at a home in nearby Granger, but Sunnyside police did not announce the arrest until two days later.
The man is being held for investigation of second-degree murder, first-degree assault and second-degree assault.
Police spokeswoman Charlotte Hinderlider says the man is believed to be involved in the death of 22-year-old Jesus (hay-SOOS') Tlaseca Sosa. Sosa was fatally shot and a 20-year-old man and a 16-year-old boy were injured on Jan. 4 at an AM-PM Mini-Mart in Sunnyside.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
Friday, January 23, 2009
P-I wins award for police series
P-I STAFF
The Seattle P-I has earned a national award for its series on the Seattle Police Department's failure to investigate and discipline itself.
The series, "The Strong Arm of the Law," won the 2009 Excellence in Criminal Justice Reporting Award in the series category given by the John Jay College of Criminal Justice.
Reported by Eric Nalder, Lewis Kamb and Daniel Lathrop, and edited by Rita Hibbard, the series (which ran in January and February 2008) exposed the questionable handling of complaints against Seattle police over the wrongful use of force, and the overuse of obstruction charges used to cover up wrongdoing.
In the single-story category, Christine Young of The Times Herald-Record in Middletown, N.Y., won for her investigation of a man who has spent the past 20 years in prison for the murder of a prostitute.
The Seattle P-I has earned a national award for its series on the Seattle Police Department's failure to investigate and discipline itself.
The series, "The Strong Arm of the Law," won the 2009 Excellence in Criminal Justice Reporting Award in the series category given by the John Jay College of Criminal Justice.
Reported by Eric Nalder, Lewis Kamb and Daniel Lathrop, and edited by Rita Hibbard, the series (which ran in January and February 2008) exposed the questionable handling of complaints against Seattle police over the wrongful use of force, and the overuse of obstruction charges used to cover up wrongdoing.
In the single-story category, Christine Young of The Times Herald-Record in Middletown, N.Y., won for her investigation of a man who has spent the past 20 years in prison for the murder of a prostitute.
Washington legislation would test police for drugs
Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').
OLYMPIA, Wash. —
Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').
He told The Yakima Herald-Republic most people he talks to support the idea. A similar bill died in last year's Legislature.
Random drug testing is opposed by police unions. The incoming president of the Yakima Police Patrolmans Association, Det. Mike Nielsen, says officers want to maintain their constitutional protection from unwarranted invasion of privacy.
The city of Yakima and the police union took the issue to arbitration in 2007, and the arbitrator ruled the city could not impose random drug testing.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
OLYMPIA, Wash. —
Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').
He told The Yakima Herald-Republic most people he talks to support the idea. A similar bill died in last year's Legislature.
Random drug testing is opposed by police unions. The incoming president of the Yakima Police Patrolmans Association, Det. Mike Nielsen, says officers want to maintain their constitutional protection from unwarranted invasion of privacy.
The city of Yakima and the police union took the issue to arbitration in 2007, and the arbitrator ruled the city could not impose random drug testing.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
Demonstration against Granger police chief
More than 30 people demonstrated in front of the Granger City Hall against the return of fired Police Chief Robert Perales.
GRANGER, Wash. —
More than 30 people demonstrated in front of the Granger City Hall against the return of fired Police Chief Robert Perales.
The Yakima Herald Republic reports they carried signs Thursday that said, "How Can Anyone Be Above the Law?"
Perales was fired after he was accused of using a stun gun on an animal control officer and interfering with officers interested in forming a union.
An arbitrator ruled this month that the mayor didn't have convincing proof to fire Perales in May for improper conduct. He was reinstated with back pay.
The 45-year-old chief has been with the department 15 years. He says he has done nothing wrong.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
GRANGER, Wash. —
More than 30 people demonstrated in front of the Granger City Hall against the return of fired Police Chief Robert Perales.
The Yakima Herald Republic reports they carried signs Thursday that said, "How Can Anyone Be Above the Law?"
Perales was fired after he was accused of using a stun gun on an animal control officer and interfering with officers interested in forming a union.
An arbitrator ruled this month that the mayor didn't have convincing proof to fire Perales in May for improper conduct. He was reinstated with back pay.
The 45-year-old chief has been with the department 15 years. He says he has done nothing wrong.
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Information from: Yakima Herald-Republic, http://www.yakima-herald.com
Tuesday, January 20, 2009
Man charged with possessing weapons arsenal
By PAUL SHUKOVSKY
P-I REPORTER
Bureau of Alcohol, Tobacco, Firearms and Explosives agents charged a 65-year-old Spokane man Tuesday with possession of an arsenal of military weapons and explosives that he had stashed in a Bellevue commercial storage unit.
Ronald Struve's alleged cache of weapons -- which includes dozens of machine guns and blocks of C-4 plastic explosives -- was discovered by a man who purchased at auction the contents of the storage unit at 12863 Northrup Way when rent on the unit lapsed, according to a criminal complaint filed Tuesday.
ATF Special Agent Heidi Wallace received a call from the winning bidder at the auction last November who explained that there were firearms among the items he had purchased "and that he wanted ATF to examine the firearms to determine whether they were legal to possess."
Over the next two days Wallace and other agents found crates of firearms, munitions and high explosives including 54 40MM M406 grenades, the complaint says. They also found silencers, flares, CS gas grenades, 41 pounds of gunpowder and blasting caps.
Agents tracked Struve to Spokane where he was arrested Jan. 6, then returned to Seattle for Tuesday's hearing. Agents initially charged Struve with one count of unlawful storage of explosives and one count of possession of unregistered firearms. The firearms charge carries a maximum sentence of 10 years in prison and a $250,000 fine. Because Strove was charged by complaint, the case will likely be referred to a grand jury, which could return other charges against him.
U.S. Magistrate Judge Mary Alice Theiler ordered Struve held pending a detention hearing later in the week.
An ATF source said after the hearing that there is no evidence that Struve assembled the arsenal for terrorism purposes, but declined to elaborate on what motivated him.
P-I REPORTER
Bureau of Alcohol, Tobacco, Firearms and Explosives agents charged a 65-year-old Spokane man Tuesday with possession of an arsenal of military weapons and explosives that he had stashed in a Bellevue commercial storage unit.
Ronald Struve's alleged cache of weapons -- which includes dozens of machine guns and blocks of C-4 plastic explosives -- was discovered by a man who purchased at auction the contents of the storage unit at 12863 Northrup Way when rent on the unit lapsed, according to a criminal complaint filed Tuesday.
ATF Special Agent Heidi Wallace received a call from the winning bidder at the auction last November who explained that there were firearms among the items he had purchased "and that he wanted ATF to examine the firearms to determine whether they were legal to possess."
Over the next two days Wallace and other agents found crates of firearms, munitions and high explosives including 54 40MM M406 grenades, the complaint says. They also found silencers, flares, CS gas grenades, 41 pounds of gunpowder and blasting caps.
Agents tracked Struve to Spokane where he was arrested Jan. 6, then returned to Seattle for Tuesday's hearing. Agents initially charged Struve with one count of unlawful storage of explosives and one count of possession of unregistered firearms. The firearms charge carries a maximum sentence of 10 years in prison and a $250,000 fine. Because Strove was charged by complaint, the case will likely be referred to a grand jury, which could return other charges against him.
U.S. Magistrate Judge Mary Alice Theiler ordered Struve held pending a detention hearing later in the week.
An ATF source said after the hearing that there is no evidence that Struve assembled the arsenal for terrorism purposes, but declined to elaborate on what motivated him.
Monday, January 19, 2009
WASHINGTON CASE LAW UPDATE
By: Dena Alo-Colbeck
The following cases of note were decided recently in Washington's high courts:
Division Three Court of Appeals:
State v. Bainard: The Court held that the defendant should have been sentenced to a two-year deadly weapons enhancement to his conviction on two counts of second degree murder rather than the five-year firearm enhancement, as the jury found that he was armed with a deadly weapon, not a firearm. The Court also upheld the trial court's vacation of the first-degree arson charge against the defendant, holding that, as the victims were already deceased when the defendant set fire to the building in which they were found, they were not human beings within the definition of the statute requiring a human being to be present in a building to elevate a charge to first degree arson. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/232476.opn.doc.pdf
State v. Francisco: The Court held that the evidence was insufficient to establish the defendant's conviction for minor in possession of alcohol as the State established only that the defendant was inebriated, which is insufficient, without other coorborating evidence, such as proximity to alcohol, to establish an MIP charge. However, the court rejected the defendant's other assignments of error, including error assigned to the court's fialure to grant his motion for a directed verdict, admission of testimony that drug users typically do not give away drugs, failure to sustain his objection to the State testifying about matters not in the record during rebuttal, and the denial of his motion for a mistrial based on prosecutorial misconduct and judicial comments on the evidence. The court found that the detective's comments that drug users generally do not give away drugs was supported by experience and was not prejudicial, as it was countered by subsequent testimony that drug users do sometimes give away drugs. The Court further found that the prosecution's comments that the State must have a court order to obtain a U.A. from the jail were made in response to defense arguments that no dirty U.A. had been produced, and that the trial court's statement supporting the prosecution's assertion that the State must have a court order to obtain a U.A. from the jail was not a comment on the evidence and, even if it was, was not prejudicial to the defendant. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/264998.opn.doc.pdf
In re Detention of C.M.: The court found that the defendant's trial was timely even though not held within thirty days of the time of the defendant's commitment petition as required by statute, holding that the court rule governs over the statute with regard to procedural issues, such as the timing of a commitment trial, and the court rule allowed for extentions for multiple reasons, which extensions were excluded from the time for trial. The court further held that even if the subsequent delays challenged by the defendant were inappropriate, those delays did not prevent the case from being held within the time for trial. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/265676.opn.doc.pdf
In other news, as you know, many clients charged with DUI can now continue to drive with Washington's new Ignition Interlock Device license (IIL). Defendants who have a valid license at the time of the proposed suspension for a pending DUI will qualify for the IID license provided they are not charged with Vehicular Homicide or Vehicular Assault, or have not been convicted of either of these offenses within the past seven years. There is a fee to apply for the license, as well as a $20 monthly fee that goes to assist indigent licensees. Clients are eligible for an IIL even after losing an administrative hearing contesting the suspension of their license. Note that the time to request an administrative hearing has now been shortened from 30 to 20 days. Applications for IILs are available online through DOL at: http://www.dol.wa.gov/forms/500023.pdf.
The following cases of note were decided recently in Washington's high courts:
Division Three Court of Appeals:
State v. Bainard: The Court held that the defendant should have been sentenced to a two-year deadly weapons enhancement to his conviction on two counts of second degree murder rather than the five-year firearm enhancement, as the jury found that he was armed with a deadly weapon, not a firearm. The Court also upheld the trial court's vacation of the first-degree arson charge against the defendant, holding that, as the victims were already deceased when the defendant set fire to the building in which they were found, they were not human beings within the definition of the statute requiring a human being to be present in a building to elevate a charge to first degree arson. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/232476.opn.doc.pdf
State v. Francisco: The Court held that the evidence was insufficient to establish the defendant's conviction for minor in possession of alcohol as the State established only that the defendant was inebriated, which is insufficient, without other coorborating evidence, such as proximity to alcohol, to establish an MIP charge. However, the court rejected the defendant's other assignments of error, including error assigned to the court's fialure to grant his motion for a directed verdict, admission of testimony that drug users typically do not give away drugs, failure to sustain his objection to the State testifying about matters not in the record during rebuttal, and the denial of his motion for a mistrial based on prosecutorial misconduct and judicial comments on the evidence. The court found that the detective's comments that drug users generally do not give away drugs was supported by experience and was not prejudicial, as it was countered by subsequent testimony that drug users do sometimes give away drugs. The Court further found that the prosecution's comments that the State must have a court order to obtain a U.A. from the jail were made in response to defense arguments that no dirty U.A. had been produced, and that the trial court's statement supporting the prosecution's assertion that the State must have a court order to obtain a U.A. from the jail was not a comment on the evidence and, even if it was, was not prejudicial to the defendant. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/264998.opn.doc.pdf
In re Detention of C.M.: The court found that the defendant's trial was timely even though not held within thirty days of the time of the defendant's commitment petition as required by statute, holding that the court rule governs over the statute with regard to procedural issues, such as the timing of a commitment trial, and the court rule allowed for extentions for multiple reasons, which extensions were excluded from the time for trial. The court further held that even if the subsequent delays challenged by the defendant were inappropriate, those delays did not prevent the case from being held within the time for trial. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/265676.opn.doc.pdf
In other news, as you know, many clients charged with DUI can now continue to drive with Washington's new Ignition Interlock Device license (IIL). Defendants who have a valid license at the time of the proposed suspension for a pending DUI will qualify for the IID license provided they are not charged with Vehicular Homicide or Vehicular Assault, or have not been convicted of either of these offenses within the past seven years. There is a fee to apply for the license, as well as a $20 monthly fee that goes to assist indigent licensees. Clients are eligible for an IIL even after losing an administrative hearing contesting the suspension of their license. Note that the time to request an administrative hearing has now been shortened from 30 to 20 days. Applications for IILs are available online through DOL at: http://www.dol.wa.gov/forms/500023.pdf.
Thursday, January 15, 2009
Investigators: Federal Way murder suspect released
By LINDA BYRON / KING 5 News
FEDERAL WAY, Wash. - The young man accused in a fatal shooting at the Federal Way Transit Center a year ago has been set free.
21-year-old Glenn Proctor of Tacoma was charged with second degree murder and has been in the King County Jail for nearly a year awaiting trial.
He appeared in court this afternoon, where King County prosecutors formally dismissed charges against him.
His trial was supposed to begin Tuesday.
"The first thing he said to me was 'I told you I was innocent and I told you I didn't do it,'" Defense attorney Diane Zumwalt said. "I just looked at him and said 'I know. I've known this whole time in my heart that you didn't do it.'"
Zumwalt told KING 5 it's an amazing day.
"It's truly a relief when someone that is innocent of a crime gets the right result," she said.
The shooting happened as the evening commute was winding down at the Federal Way Transit Center just before the Martin Luther King holiday weekend a year ago. An innocent bystander was killed and an eyewitness quickly pointed the finger at Proctor.
Federal Way police issued a warrant and Proctor turned himself in.
"He felt confident that the video surveillance would get him off," Proctor's attorney Mark Prothero told KING 5.
Proctor's defense attorneys say it took months to analyze low quality images from the transit center surveillance tape. By comparing clothing and doing what are called relative cranial measurements, they say they were able to show that Proctor couldn't be the killer.
Prosecutors say that evidence, plus inaccuracies during a re-interview of the eyewitness Tuesday, convinced them to dismiss the case.
"After being locked up 11 months for no reason, it feels real good to get out," Proctor said Thursday.
Glenn Proctor's father, Glenn Roland, found out this morning his son was being released. He was surprised and happy.
"This is a very tragic situation," Glenn Roland said. "I truly feel for the family of the victim, and I understand there's an ongoing investigation."
When asked if he always believed his son was innocent, he said "absolutely."
Prosecutors asked that the case be dismissed without prejudice, meaning they could re-file charges against Proctor later, but they say that's just a standard precaution.
Sr. Deputy Prosecutor Don Raz said they are convinced their eyewitness was inaccurate. It wasn't Proctor, but another man who Federal Way Police are now looking for.
Federal Way police say they're following leads in the case.
FEDERAL WAY, Wash. - The young man accused in a fatal shooting at the Federal Way Transit Center a year ago has been set free.
21-year-old Glenn Proctor of Tacoma was charged with second degree murder and has been in the King County Jail for nearly a year awaiting trial.
He appeared in court this afternoon, where King County prosecutors formally dismissed charges against him.
His trial was supposed to begin Tuesday.
"The first thing he said to me was 'I told you I was innocent and I told you I didn't do it,'" Defense attorney Diane Zumwalt said. "I just looked at him and said 'I know. I've known this whole time in my heart that you didn't do it.'"
Zumwalt told KING 5 it's an amazing day.
"It's truly a relief when someone that is innocent of a crime gets the right result," she said.
The shooting happened as the evening commute was winding down at the Federal Way Transit Center just before the Martin Luther King holiday weekend a year ago. An innocent bystander was killed and an eyewitness quickly pointed the finger at Proctor.
Federal Way police issued a warrant and Proctor turned himself in.
"He felt confident that the video surveillance would get him off," Proctor's attorney Mark Prothero told KING 5.
Proctor's defense attorneys say it took months to analyze low quality images from the transit center surveillance tape. By comparing clothing and doing what are called relative cranial measurements, they say they were able to show that Proctor couldn't be the killer.
Prosecutors say that evidence, plus inaccuracies during a re-interview of the eyewitness Tuesday, convinced them to dismiss the case.
"After being locked up 11 months for no reason, it feels real good to get out," Proctor said Thursday.
Glenn Proctor's father, Glenn Roland, found out this morning his son was being released. He was surprised and happy.
"This is a very tragic situation," Glenn Roland said. "I truly feel for the family of the victim, and I understand there's an ongoing investigation."
When asked if he always believed his son was innocent, he said "absolutely."
Prosecutors asked that the case be dismissed without prejudice, meaning they could re-file charges against Proctor later, but they say that's just a standard precaution.
Sr. Deputy Prosecutor Don Raz said they are convinced their eyewitness was inaccurate. It wasn't Proctor, but another man who Federal Way Police are now looking for.
Federal Way police say they're following leads in the case.
16 arrested in Skagit County drug bust
By SUSANNAH FRAME / KING 5 News
MOUNT VERNON, Wash. - After a year-long investigation involving wire taps and undercover informants, a major drug bust has taken place in the Mt. Vernon area.
The round-up was executed by the Drug Enforcement Administration (DEA), the Skagit County Drug Task Force, the Skagit County Sheriff's Department and other agencies.
A spokesman for the U.S. Attorney's Office, Emily Langley, has confirmed the bust and tells KING 5 16 people have been arrested so far and that the drug being confiscated is Mexican cocaine. At least one of the defendants is a juvenile.
"The drug ring allegedly smuggled 5 to 10 kilos of cocaine per month into the United States from Mexico and distributed it in Skagit County. The ring also allegedly smuggled pound quantities of heroin," Langley said.
In addition to confiscating cocaine and heroin today, agents seized $23,000 in cash, seven vehicles and two firearms.
MOUNT VERNON, Wash. - After a year-long investigation involving wire taps and undercover informants, a major drug bust has taken place in the Mt. Vernon area.
The round-up was executed by the Drug Enforcement Administration (DEA), the Skagit County Drug Task Force, the Skagit County Sheriff's Department and other agencies.
A spokesman for the U.S. Attorney's Office, Emily Langley, has confirmed the bust and tells KING 5 16 people have been arrested so far and that the drug being confiscated is Mexican cocaine. At least one of the defendants is a juvenile.
"The drug ring allegedly smuggled 5 to 10 kilos of cocaine per month into the United States from Mexico and distributed it in Skagit County. The ring also allegedly smuggled pound quantities of heroin," Langley said.
In addition to confiscating cocaine and heroin today, agents seized $23,000 in cash, seven vehicles and two firearms.
Wednesday, January 14, 2009
Seattle police reportedly kill man with knife
KIRO-TV reports Seattle police shot and killed a man with a knife in a confrontation at a motel.
SEATTLE —
KIRO-TV reports Seattle police shot and killed a man with a knife in a confrontation at a motel.
Police responded to a 911 call at 1:17 a.m. Wednesday at a north Seattle motel - Seal's Motel at 120th and Aurora Ave.
The station reports police heard a woman screaming that a man had a knife. Officers broke through a window and confronted the man. Police say when he refused to put the knife down and stepped toward them he was shot.
This is the second fatal police shooting this year in Seattle. Officers shot a man early New Year's Day in the University District when they say he pointed a rifle at them.
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Information from: KIRO-TV, htthttp://www.kirotv.com/index.html
SEATTLE —
KIRO-TV reports Seattle police shot and killed a man with a knife in a confrontation at a motel.
Police responded to a 911 call at 1:17 a.m. Wednesday at a north Seattle motel - Seal's Motel at 120th and Aurora Ave.
The station reports police heard a woman screaming that a man had a knife. Officers broke through a window and confronted the man. Police say when he refused to put the knife down and stepped toward them he was shot.
This is the second fatal police shooting this year in Seattle. Officers shot a man early New Year's Day in the University District when they say he pointed a rifle at them.
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Information from: KIRO-TV, htthttp://www.kirotv.com/index.html
Tuesday, January 13, 2009
Kitsap County man to be retried on murder charge
The Kitsap County prosecutor's office plans to retry a man accused of killing his father.
PORT ORCHARD, Wash. —
The Kitsap County prosecutor's office plans to retry a man accused of killing his father.
The 38-year-old Seabeck man, Martin Warren, was convicted in 2006 and sentenced to life in prison for the fatal shooting in 2004 of Russell Martin.
The conviction was overturned on appeal and returned to Kitsap County.
The Kitsap Sun reports Warren was initially convicted of shooting his father while he watched TV. They had been fighting over use of a car. The son said he had been high on methamphetamine for days and didn't recall.
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Information from: Kitsap Sun, http://www.kitsapsun.com/
PORT ORCHARD, Wash. —
The Kitsap County prosecutor's office plans to retry a man accused of killing his father.
The 38-year-old Seabeck man, Martin Warren, was convicted in 2006 and sentenced to life in prison for the fatal shooting in 2004 of Russell Martin.
The conviction was overturned on appeal and returned to Kitsap County.
The Kitsap Sun reports Warren was initially convicted of shooting his father while he watched TV. They had been fighting over use of a car. The son said he had been high on methamphetamine for days and didn't recall.
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Information from: Kitsap Sun, http://www.kitsapsun.com/
Sunday, January 11, 2009
10 years for drug, weapons charges for Auburn man
P-I STAFF
U.S. District Judge Ricardo Martinez sentenced an Auburn man with five prior felony convictions to 10 years in prison Friday for possession of cocaine with intent to distribute and possession of a stolen firearm.
Roberto Martinez, 33, was arrested last March after a confidential informant for Auburn Police made three drugs buys from him. The buys were followed by a police raid on Martinez' home where officers found drugs, cash, a scale and a .380-caliber semi-automatic pistol sticking out from under a mattress, according to the U.S. Attorney's office.
Assistant U.S. Attorney Andrew Colasurdo, in asking for a lengthy sentence, told the court that Martinez was dealing drugs out of a home he shared with his 10-year-old son.
U.S. District Judge Ricardo Martinez sentenced an Auburn man with five prior felony convictions to 10 years in prison Friday for possession of cocaine with intent to distribute and possession of a stolen firearm.
Roberto Martinez, 33, was arrested last March after a confidential informant for Auburn Police made three drugs buys from him. The buys were followed by a police raid on Martinez' home where officers found drugs, cash, a scale and a .380-caliber semi-automatic pistol sticking out from under a mattress, according to the U.S. Attorney's office.
Assistant U.S. Attorney Andrew Colasurdo, in asking for a lengthy sentence, told the court that Martinez was dealing drugs out of a home he shared with his 10-year-old son.
Man indicted in shooting of witness who had testified against him
A 35-year-old Seattle man believed to be the ringleader of a sophisticated stolen-car ring has been indicted on a charge of witness tampering in connection with a drive-by shooting last May that injured a West Seattle woman and her 10-year-old son.
By Mike Carter
Seattle Times staff report
A 35-year-old Seattle man believed to be the ringleader of a sophisticated stolen-car ring has been indicted on a charge of witness tampering in connection with a drive-by shooting last May that injured a West Seattle woman and her 10-year-old son.
Devaughn Dorsey already was facing a 20-count indictment alleging his involvement in the stolen-car ring. Those charges were filed the day after the 28-year-old woman and her son were shot while standing in front of a kitchen window. Both were seriously injured but survived.
Assistant U.S. Attorney Mike Lang said the woman, who is identified only by her initials, had been a witness before a federal grand jury investigating Dorsey's activities. The woman, who has recovered from her wounds, will testify against him at trial, Lang said.
He said this is the first case of an attack on a federal grand-jury witness that he can recall.
Dorsey has a long criminal history and has been under investigation in connection with a car-theft ring for more than 18 months. Lang said the group is suspected of stealing as many as 50 high-end domestic cars from several King County car dealerships.
The vehicles' identification numbers were either removed or replaced with numbers from wrecked vehicles and then sold. So far, seven people have been indicted in connection with the theft ring. Four of them have pleaded guilty.
The new indictment against Dorsey adds two additional charges: witness tampering and discharging a firearm during a crime of violence. The first charge carries a maximum penalty of up to 30 years in prison. The gun charge would add a mandatory 10-year sentence to anything else he is convicted of.
Lang said that, in effect, convictions likely would send Dorsey to prison for life.
Mike Carter: 206-464-3706 or mcarter@seattletimes.com
By Mike Carter
Seattle Times staff report
A 35-year-old Seattle man believed to be the ringleader of a sophisticated stolen-car ring has been indicted on a charge of witness tampering in connection with a drive-by shooting last May that injured a West Seattle woman and her 10-year-old son.
Devaughn Dorsey already was facing a 20-count indictment alleging his involvement in the stolen-car ring. Those charges were filed the day after the 28-year-old woman and her son were shot while standing in front of a kitchen window. Both were seriously injured but survived.
Assistant U.S. Attorney Mike Lang said the woman, who is identified only by her initials, had been a witness before a federal grand jury investigating Dorsey's activities. The woman, who has recovered from her wounds, will testify against him at trial, Lang said.
He said this is the first case of an attack on a federal grand-jury witness that he can recall.
Dorsey has a long criminal history and has been under investigation in connection with a car-theft ring for more than 18 months. Lang said the group is suspected of stealing as many as 50 high-end domestic cars from several King County car dealerships.
The vehicles' identification numbers were either removed or replaced with numbers from wrecked vehicles and then sold. So far, seven people have been indicted in connection with the theft ring. Four of them have pleaded guilty.
The new indictment against Dorsey adds two additional charges: witness tampering and discharging a firearm during a crime of violence. The first charge carries a maximum penalty of up to 30 years in prison. The gun charge would add a mandatory 10-year sentence to anything else he is convicted of.
Lang said that, in effect, convictions likely would send Dorsey to prison for life.
Mike Carter: 206-464-3706 or mcarter@seattletimes.com
Wednesday, January 7, 2009
Another robbery at bikini barista stand
By TONYA MOSLEY / KING 5 News
TACOMA, Wash. - Bikini barista Kylie Ross said the moment the new customer drove up, she had a gut feeling something wasn't right about him.
“I noticed when I was trying to make small talk that he kept his arm up against his head so the cameras couldn't see him,” she said.
She made his drink anyway, and that's when it happened.
“He just pulled out a gun and opened his car door and leaned in our window and screamed give me all of the money all of the money,” said Ross.
Surveillance video captured the customer grabbing the cash and speeding away, but not before the video camera - and Ross - focused in on some identifying marks.
“His head was shaved bald and he had tattoos all over. It kind of scared me already so it kind of scared me already and he had a teardrop,” she said.
This is not the first time Ross has been in some scary situations. an hour before, she called police after a man exposed himself, and just a few months Ago was the boiling water incident.
“Poured boiling water on a man who was fully exposed also,” she said.
And there's more. Last week, surveillance video captured someone broke into the Java Girls stand stealing money and other items.
Espresso stands are becoming easy targets. Authorities in South King County are investigating a string of robberies at local stands.
But that's not deterring Ross.
“It happens everywhere so I don’t’ think it’s because of the job. I think it’s because we're an easy target,” she said.
TACOMA, Wash. - Bikini barista Kylie Ross said the moment the new customer drove up, she had a gut feeling something wasn't right about him.
“I noticed when I was trying to make small talk that he kept his arm up against his head so the cameras couldn't see him,” she said.
She made his drink anyway, and that's when it happened.
“He just pulled out a gun and opened his car door and leaned in our window and screamed give me all of the money all of the money,” said Ross.
Surveillance video captured the customer grabbing the cash and speeding away, but not before the video camera - and Ross - focused in on some identifying marks.
“His head was shaved bald and he had tattoos all over. It kind of scared me already so it kind of scared me already and he had a teardrop,” she said.
This is not the first time Ross has been in some scary situations. an hour before, she called police after a man exposed himself, and just a few months Ago was the boiling water incident.
“Poured boiling water on a man who was fully exposed also,” she said.
And there's more. Last week, surveillance video captured someone broke into the Java Girls stand stealing money and other items.
Espresso stands are becoming easy targets. Authorities in South King County are investigating a string of robberies at local stands.
But that's not deterring Ross.
“It happens everywhere so I don’t’ think it’s because of the job. I think it’s because we're an easy target,” she said.
Tuesday, January 6, 2009
3 members of armed-robbery ring arrested in West Seattle
Three members of a suspected armed-robbery ring that has targeted convenience stores over the last month have been arrested.
By Sara Jean Green
Seattle Times staff reporter
Map data ©2008 Tele Atlas - Terms of Use
See more mapped stories
Three members of a suspected armed-robbery ring that have been accused of targeting convenience stores over the last month have been arrested.
Since early December, a group of young men armed with handguns and a sawed-off shotgun have either robbed or attempted to rob at least eight convenience stores in West Seattle, White Center and Tukwila, said Seattle police spokesman Mark Jamieson.
At 1:37 a.m. Sunday, someone inside a West Seattle convenience store called 911. Officers arrived at the store, in the 4300 block of Southwest Admiral Way, within a minute, Jamieson said. They set up a perimeter and pulled over the suspects' car within five minutes of the 911 call, he said.
A 21-year-old man and two 18-year-old men were arrested and a handgun was recovered, Jamieson said. At least one suspect, possibly more, is still at large.
"We're happy we have three people in custody but by no means is this over," he said.
No one was hurt in any of the robberies.
In earlier robberies, at least four men in their late teens or early 20s have entered stores with bandannas or hoods covering their faces. One man is usually armed with a sawed-off shotgun or a short-barreled shotgun, he said.
"They're always very aggressive. Sometimes they're successful, sometimes they haven't got anything," he said.
During one robbery attempt in West Seattle, "a clerk chased them off with a stick," Jamieson said. In another attempted robbery at a Tukwila convenience store, "the clerk saw them coming and locked himself in a backroom," he said.
Though the robbers weren't able to open the cash register at that store, Jamieson said they "had hit three other places that night."
Seattle robbery detectives, the King County Sheriff's Office and Tukwila police are investigating.
Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com
By Sara Jean Green
Seattle Times staff reporter
Map data ©2008 Tele Atlas - Terms of Use
See more mapped stories
Three members of a suspected armed-robbery ring that have been accused of targeting convenience stores over the last month have been arrested.
Since early December, a group of young men armed with handguns and a sawed-off shotgun have either robbed or attempted to rob at least eight convenience stores in West Seattle, White Center and Tukwila, said Seattle police spokesman Mark Jamieson.
At 1:37 a.m. Sunday, someone inside a West Seattle convenience store called 911. Officers arrived at the store, in the 4300 block of Southwest Admiral Way, within a minute, Jamieson said. They set up a perimeter and pulled over the suspects' car within five minutes of the 911 call, he said.
A 21-year-old man and two 18-year-old men were arrested and a handgun was recovered, Jamieson said. At least one suspect, possibly more, is still at large.
"We're happy we have three people in custody but by no means is this over," he said.
No one was hurt in any of the robberies.
In earlier robberies, at least four men in their late teens or early 20s have entered stores with bandannas or hoods covering their faces. One man is usually armed with a sawed-off shotgun or a short-barreled shotgun, he said.
"They're always very aggressive. Sometimes they're successful, sometimes they haven't got anything," he said.
During one robbery attempt in West Seattle, "a clerk chased them off with a stick," Jamieson said. In another attempted robbery at a Tukwila convenience store, "the clerk saw them coming and locked himself in a backroom," he said.
Though the robbers weren't able to open the cash register at that store, Jamieson said they "had hit three other places that night."
Seattle robbery detectives, the King County Sheriff's Office and Tukwila police are investigating.
Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com
Sunday, January 4, 2009
Washington State Criminal Case Law Update
By: Dena Alo-Colbeck
The following cases of note were decided recently in Washington's high courts:
Supreme Court:
State v. Nguyen: Reasoning that there is no requirement under Washington law that an offense carry a lesser potential penalty than the charged crime in order to be considered an included offense for which a defendant may be convicted even if not charged, the Supreme Court affirmed that physical control is in fact an included offense of DUI. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/807523.opn.pdf
Division One Court of Appeals:
State v. Lee: The Court affirmed Mr. Lee's conviction for possession of cocaine, holding that the totality of the circumstances supported a finding that the arresting officers had a reasonable and articulable suspicion that the defendant possessed narcotics, based on an informant's statement and observations of one of the officers, and the initiation of a Terry stop was lawful at that point. The Court declined to apply the Aguilar-Spinelli test to the case with regard to the reliability and accuracy of the informant, noting that courts have long applied the totality of the circumstances test to Terry stops rather than the Aguilar-Spinelli test. The Court cited U.S. Supreme Court precedent finding that reasonable suspicion to support a Terry stop may arise from information that is less reliable than that required to establish probable cause. While there must be some indicia of reliability in the informant's tip, the Court explained that, in a totality of the circumstances test, this is but one factor to be considered by the officer, and can be weighed in light of the officer's own observations, his experience in similar situations, and the nature of the crime alleged. The Court conceded that the Aguilar-Spinelli test continues to be the proper test to be applied with regard to informant reliability with regard to search warrants, but noted that such warrants are held to a higher standard than an investigatory stop. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60669-7.pub.doc.pdf
State v. Osman: The Court reversed a superior court determination finding that a missing portion of a district court record was significant and material, finding that RALJ 5.4, which allows the district court to determine whether the missing portion of the record is significant and material, also provides for review under an abuse of discretion standard, not the de novo standard applied by the Superior court. The Court further found that the district court did not abuse its discretion in finding that the missing portion of the tape was not significant or material, and that the missing portion of the tape wsa not necessarily violative of due process until the defendant could demonstrate prejudice thereby. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60359-1.pub.doc.pdf
State v. Alphonse: The Court upheld the defendant's conviction for telephone harassment, finding that the "to convict" instruction, even if erroneous, could not be a basis for overturning the conviction as it had been proposed by the defendant. The Court further found that even with the correct instruction there would have been ample evidence to convict Mr. Alphonse. The Court rejected the defendant's assertion that the calls to a police officer were protected First Amendment speech because they were made as a lawful petition to a government official for redress of grievences, holding that once Mr. Alphonse turned to speech that was designed to harass, intimidate, or embarass the officer, the speech was removed from First Amendment protection and became criminal. The Court further rejected a challenge to the statute itself, finding that the requirement that the speaker form an intent to harass, coupled with the requirement that the speech itself be lew or profane or threatening sufficiently narrowed the harassing speech, and finding that the statute was not vague as it sufficiently described the prohibited speech, and the defendant had not demonstrated that the statute might be arbitrarily or selectively enforced. Finally, the Court did vacate a banishment order prohibiting the defendant from entering the City of Everett that had been imposed as part of the sentence, finding that less restricitive means were available to protect the victims, the restriction was unrelated to rehabilitation, and the order did not allow the defendant to petition to lift the restriction. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/58449-9.pub.doc.pdf
State v. Johnson: The trial court had dated Mr. Johnson's certificate of discharge effective as of the date of the defendant's petition for such certificate, rather than making the certificate effective as of the date that Mr. Johnson completed the terms of his sentence. The Court of Appeals remanded for further findings of fact to determine the date the court was notified that Mr. Johnson had completed the terms of his sentence, holding that this date would be the appropriate date for the certificate. A copy of the decision ay be found online at: http://www.courts.wa.gov/opinions/pdf/61311-1.pub.doc.pdf
State v. Linerud aka Cain: The Court held that when the trial court did not make an initial determination of the length of the defendant's sentence and required the DOC to calculate the defendant's time served to ensure that it did not exceed the statutory maximum, such action rendered the sentence indeterminate and in violation of the SRA. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/60769-3.pub.doc.pdf
State v. Larkins: The Court found that the defendant's Ohio burglary conviction, which rested on his intent to commit a misdemeanor, which category included crimes other than those against persons or property, was not equivalent to a burglary conviction under Washington law, because such conviction would require intent to commit a crime against a person or property only. Thus the matter was remanded for resentencing, with the Ohio conviction to be removed from the defendant's offender score. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/59559-8.pub.doc.pdf
State v. Berg: The Court vacated one conviction of third degree child molestation, finding that the jury was not properly instructed that they must find a separate and distinct act for each identically charged molestation count and the defendant was therefore subjected to double jeopardy. The Court did uphold the remainder of the convictions against the defendant, finding no error in a detective's testimony about other abuse investigations, as the defendant opened the door to that testimony. The Court further remanded for resentencing, finding that the defendant's sentence exceeded the statutory maximum for the crime charged. It upheld, however, a sentencing condition restricting contact with the defendant's biological daughter as a necessary prohibition to protect the child from similar abuse. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60729-4.pub.doc.pdf
Divison Two Court of Appeals:
State v. S.A.W.: The defendant's conviction was reversed and the case remanded for a new hearing due to the juvenile court's failure to conduct an independent assessment, through a CrR 3.5 hearing, of the credibility and voluntariness and, consequently, the admissibility, of the defendant's post-arrest oral incriminating statement, instead basing the admissibility of the statement solely on the trial testimony of one of the investigating officers. The Court heard the case despite the defendant's failure to request a 3.5 hearing prior to trial and his failure to object to the trial court not holding such a hearing, finding that the juvenile court based its adjudication on the defendant's testimony and thus the appeal raised a consittutional issue, because the defendant had the right to "have the voluntariness of an incriminating statement assessed prior to its admission." A copy of this decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36336-4.08.cor.doc.pdf
State v. Harris: The Court affirmed the trial court's calculation of the defendant's offender score, finding that the State proved his prior Louisiana convictions by a preponderance of the evidence through production of packets of documents for each offense including a felony bill of information, a page containing a stamp with specific language, the defendant's fingerprints, and a signature, and an extract of the court minutes for the trial court judge's oral sentencing ruling. Though the documents were did not include certified copies of the judgment and sentence, the Court found the documents provided sufficient to establish the prior convictions when the State on appeal was able to cite a Louisiana statute defining how that state documents a judgment, in essence, that it utilizes the very documents provided by the state at the sentencing hearing. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36725-4.08.doc.pdf
State v. Morgensen: The Court found no error in the trial court's decision to allow the jury to review the audiotape of the witnesses' trial testimony in its entirety during deliberations, holding that the trial court had carefully reviewed the Koontz factors in making that decision. The Court further found that the defendant failed to timely object to having his previous defense counsel preside over his current trial, and thus waived that objection. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36853-6.08.doc.pdf
The following cases of note were decided recently in Washington's high courts:
Supreme Court:
State v. Nguyen: Reasoning that there is no requirement under Washington law that an offense carry a lesser potential penalty than the charged crime in order to be considered an included offense for which a defendant may be convicted even if not charged, the Supreme Court affirmed that physical control is in fact an included offense of DUI. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/807523.opn.pdf
Division One Court of Appeals:
State v. Lee: The Court affirmed Mr. Lee's conviction for possession of cocaine, holding that the totality of the circumstances supported a finding that the arresting officers had a reasonable and articulable suspicion that the defendant possessed narcotics, based on an informant's statement and observations of one of the officers, and the initiation of a Terry stop was lawful at that point. The Court declined to apply the Aguilar-Spinelli test to the case with regard to the reliability and accuracy of the informant, noting that courts have long applied the totality of the circumstances test to Terry stops rather than the Aguilar-Spinelli test. The Court cited U.S. Supreme Court precedent finding that reasonable suspicion to support a Terry stop may arise from information that is less reliable than that required to establish probable cause. While there must be some indicia of reliability in the informant's tip, the Court explained that, in a totality of the circumstances test, this is but one factor to be considered by the officer, and can be weighed in light of the officer's own observations, his experience in similar situations, and the nature of the crime alleged. The Court conceded that the Aguilar-Spinelli test continues to be the proper test to be applied with regard to informant reliability with regard to search warrants, but noted that such warrants are held to a higher standard than an investigatory stop. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60669-7.pub.doc.pdf
State v. Osman: The Court reversed a superior court determination finding that a missing portion of a district court record was significant and material, finding that RALJ 5.4, which allows the district court to determine whether the missing portion of the record is significant and material, also provides for review under an abuse of discretion standard, not the de novo standard applied by the Superior court. The Court further found that the district court did not abuse its discretion in finding that the missing portion of the tape was not significant or material, and that the missing portion of the tape wsa not necessarily violative of due process until the defendant could demonstrate prejudice thereby. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60359-1.pub.doc.pdf
State v. Alphonse: The Court upheld the defendant's conviction for telephone harassment, finding that the "to convict" instruction, even if erroneous, could not be a basis for overturning the conviction as it had been proposed by the defendant. The Court further found that even with the correct instruction there would have been ample evidence to convict Mr. Alphonse. The Court rejected the defendant's assertion that the calls to a police officer were protected First Amendment speech because they were made as a lawful petition to a government official for redress of grievences, holding that once Mr. Alphonse turned to speech that was designed to harass, intimidate, or embarass the officer, the speech was removed from First Amendment protection and became criminal. The Court further rejected a challenge to the statute itself, finding that the requirement that the speaker form an intent to harass, coupled with the requirement that the speech itself be lew or profane or threatening sufficiently narrowed the harassing speech, and finding that the statute was not vague as it sufficiently described the prohibited speech, and the defendant had not demonstrated that the statute might be arbitrarily or selectively enforced. Finally, the Court did vacate a banishment order prohibiting the defendant from entering the City of Everett that had been imposed as part of the sentence, finding that less restricitive means were available to protect the victims, the restriction was unrelated to rehabilitation, and the order did not allow the defendant to petition to lift the restriction. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/58449-9.pub.doc.pdf
State v. Johnson: The trial court had dated Mr. Johnson's certificate of discharge effective as of the date of the defendant's petition for such certificate, rather than making the certificate effective as of the date that Mr. Johnson completed the terms of his sentence. The Court of Appeals remanded for further findings of fact to determine the date the court was notified that Mr. Johnson had completed the terms of his sentence, holding that this date would be the appropriate date for the certificate. A copy of the decision ay be found online at: http://www.courts.wa.gov/opinions/pdf/61311-1.pub.doc.pdf
State v. Linerud aka Cain: The Court held that when the trial court did not make an initial determination of the length of the defendant's sentence and required the DOC to calculate the defendant's time served to ensure that it did not exceed the statutory maximum, such action rendered the sentence indeterminate and in violation of the SRA. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/60769-3.pub.doc.pdf
State v. Larkins: The Court found that the defendant's Ohio burglary conviction, which rested on his intent to commit a misdemeanor, which category included crimes other than those against persons or property, was not equivalent to a burglary conviction under Washington law, because such conviction would require intent to commit a crime against a person or property only. Thus the matter was remanded for resentencing, with the Ohio conviction to be removed from the defendant's offender score. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/59559-8.pub.doc.pdf
State v. Berg: The Court vacated one conviction of third degree child molestation, finding that the jury was not properly instructed that they must find a separate and distinct act for each identically charged molestation count and the defendant was therefore subjected to double jeopardy. The Court did uphold the remainder of the convictions against the defendant, finding no error in a detective's testimony about other abuse investigations, as the defendant opened the door to that testimony. The Court further remanded for resentencing, finding that the defendant's sentence exceeded the statutory maximum for the crime charged. It upheld, however, a sentencing condition restricting contact with the defendant's biological daughter as a necessary prohibition to protect the child from similar abuse. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/60729-4.pub.doc.pdf
Divison Two Court of Appeals:
State v. S.A.W.: The defendant's conviction was reversed and the case remanded for a new hearing due to the juvenile court's failure to conduct an independent assessment, through a CrR 3.5 hearing, of the credibility and voluntariness and, consequently, the admissibility, of the defendant's post-arrest oral incriminating statement, instead basing the admissibility of the statement solely on the trial testimony of one of the investigating officers. The Court heard the case despite the defendant's failure to request a 3.5 hearing prior to trial and his failure to object to the trial court not holding such a hearing, finding that the juvenile court based its adjudication on the defendant's testimony and thus the appeal raised a consittutional issue, because the defendant had the right to "have the voluntariness of an incriminating statement assessed prior to its admission." A copy of this decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36336-4.08.cor.doc.pdf
State v. Harris: The Court affirmed the trial court's calculation of the defendant's offender score, finding that the State proved his prior Louisiana convictions by a preponderance of the evidence through production of packets of documents for each offense including a felony bill of information, a page containing a stamp with specific language, the defendant's fingerprints, and a signature, and an extract of the court minutes for the trial court judge's oral sentencing ruling. Though the documents were did not include certified copies of the judgment and sentence, the Court found the documents provided sufficient to establish the prior convictions when the State on appeal was able to cite a Louisiana statute defining how that state documents a judgment, in essence, that it utilizes the very documents provided by the state at the sentencing hearing. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36725-4.08.doc.pdf
State v. Morgensen: The Court found no error in the trial court's decision to allow the jury to review the audiotape of the witnesses' trial testimony in its entirety during deliberations, holding that the trial court had carefully reviewed the Koontz factors in making that decision. The Court further found that the defendant failed to timely object to having his previous defense counsel preside over his current trial, and thus waived that objection. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/36853-6.08.doc.pdf
Thursday, January 1, 2009
Seattle settles libel suit with former cop
The city of Seattle has agreed to pay $12,000 to settle a libel suit filed by former police officer John Powers alleging, among other things, that city officials leaked defamatory statements to Seattle Times reporters.
By Maureen O'Hagan
Seattle Times staff repo
The city of Seattle has agreed to pay $12,000 to settle a libel suit filed by former police officer John Powers alleging, among other things, that city officials leaked defamatory statements to Seattle Times reporters.
The settlement puts to rest a $6 million federal lawsuit Powers filed in 2006, claiming that false information cost him his job and his reputation. The city has not admitted to any wrongdoing as part of the settlement.
Powers, an eight-year veteran, was a key figure in a lengthy FBI investigation into alleged on- and off-duty misconduct by several Seattle police officers who patrolled the Belltown neighborhood.
The Seattle Times wrote about the investigation, which stemmed from allegations that Powers and others in 2004 and 2005 accepted favors from businesses and overlooked illegal drug use.
The investigation did not result in criminal charges. However, Powers was fired in 2005 after Police Chief Gil Kerlikowske found several instances of misconduct, including supplying cocaine to a former girlfriend. A civil-service commission later upheld his firing, finding "a wide-ranging pattern of misconduct."
A decision to strip Powers of his license to be a law-enforcement officer is on appeal, according to the city attorney's office.
Under the terms of the settlement, the money will go directly to Powers' attorney, Susan Rae Sampson, as partial payment of her costs and fees.
According to a statement by the city attorney's office, the settlement was a business decision to resolve the case economically. Several city employees were named in the lawsuit, which meant the city was required to hire outside counsel, rather than relying solely on city attorneys.
"The amount represents a fraction of what it would have cost the city to pursue the case through complete dismissal," the statement said.
The Times was not named in the lawsuit; however, three reporters were subpoenaed to reveal their confidential sources. Those subpoenas were ultimately withdrawn.
Maureen O'Hagan: 206-464-2562 or mohagan@seattletimes.com
By Maureen O'Hagan
Seattle Times staff repo
The city of Seattle has agreed to pay $12,000 to settle a libel suit filed by former police officer John Powers alleging, among other things, that city officials leaked defamatory statements to Seattle Times reporters.
The settlement puts to rest a $6 million federal lawsuit Powers filed in 2006, claiming that false information cost him his job and his reputation. The city has not admitted to any wrongdoing as part of the settlement.
Powers, an eight-year veteran, was a key figure in a lengthy FBI investigation into alleged on- and off-duty misconduct by several Seattle police officers who patrolled the Belltown neighborhood.
The Seattle Times wrote about the investigation, which stemmed from allegations that Powers and others in 2004 and 2005 accepted favors from businesses and overlooked illegal drug use.
The investigation did not result in criminal charges. However, Powers was fired in 2005 after Police Chief Gil Kerlikowske found several instances of misconduct, including supplying cocaine to a former girlfriend. A civil-service commission later upheld his firing, finding "a wide-ranging pattern of misconduct."
A decision to strip Powers of his license to be a law-enforcement officer is on appeal, according to the city attorney's office.
Under the terms of the settlement, the money will go directly to Powers' attorney, Susan Rae Sampson, as partial payment of her costs and fees.
According to a statement by the city attorney's office, the settlement was a business decision to resolve the case economically. Several city employees were named in the lawsuit, which meant the city was required to hire outside counsel, rather than relying solely on city attorneys.
"The amount represents a fraction of what it would have cost the city to pursue the case through complete dismissal," the statement said.
The Times was not named in the lawsuit; however, three reporters were subpoenaed to reveal their confidential sources. Those subpoenas were ultimately withdrawn.
Maureen O'Hagan: 206-464-2562 or mohagan@seattletimes.com
Barkley 'disappointed' after DUI arrest
(CNN) -- Basketball commentator and former hoops star Charles Barkley was arrested Wednesday in Scottsdale, Arizona, on suspicion of drunken driving, a police spokesman said.
Barkley issued a brief statement, saying, "I am disappointed that I put myself in that situation. The Scottsdale police were fantastic. I will not comment any further as it is a legal matter."
Lt. Eric Shuhandler of the Gilbert Police Department said an officer pulled Barkley over after he ran a stop sign in Scottsdale's Old Town area, a trendy spot known for its nightclubs and bars. Gilbert and Scottsdale are in the Phoenix metro area.
"The officer identified the driver of the 2005 Infiniti as Charles Barkley," according to a written statement from police. "Mr. Barkley was administered the standard field sobriety tests after the odor of intoxicating liquor was detected."
At a news conference later in the day, Shuhandler said Barkley's "performance on the field sobriety test revealed there was probable cause to make an arrest."
Barkley declined to take a breath test to measure his blood-alcohol level, Shuhandler said earlier.
"When he arrived at the station, police administered a blood test, which is customary of our police department to do," he said, adding that Barkley consented to the blood test.
It will take "a few days" for the crime lab to test the blood sample and determine Barkley's blood-alcohol level, Shuhandler said.
The former NBA power forward was cited for driving while impaired and released.
"It was a pretty routine arrest," Shuhandler said.
Barkley's sport-utility vehicle was impounded under mandatory vehicle impound laws, police said.
Shuhandler said Barkley behaved professionally during the booking and was "very respectful and cordial with our officers."
Barkley, 45, is a commentator for TNT's coverage of the NBA.
In October, he told CNN's Campbell Brown that he plans to run for governor of his home state of Alabama in 2014, saying, "I can't screw up Alabama. We are number 48 in everything and Arkansas and Mississippi aren't going anywhere."
Although he is well known for entertaining comments and a cocky attitude, he also compiled an impressive résumé as a professional basketball player.
A Hall of Famer and 11-time All-Star, Barkley is one of four players in history to rack up more than 20,000 points, 10,000 rebounds and 4,000 assists in a career. He also earned the NBA's most valuable player designation in 1993 and brought home gold medals with the U.S. Olympic basketball team in 1992 and 1996.
His commanding performance on the court earned him the nicknames "Sir Charles" and the "Round Mound of Rebound."
Barkley was drafted out of Auburn University in 1984 by the Philadelphia 76ers and played 16 seasons with the Sixers, Phoenix Suns and Houston Rockets before he was permanently sidelined in 1999 with a ruptured tendon in his left knee.
Barkley issued a brief statement, saying, "I am disappointed that I put myself in that situation. The Scottsdale police were fantastic. I will not comment any further as it is a legal matter."
Lt. Eric Shuhandler of the Gilbert Police Department said an officer pulled Barkley over after he ran a stop sign in Scottsdale's Old Town area, a trendy spot known for its nightclubs and bars. Gilbert and Scottsdale are in the Phoenix metro area.
"The officer identified the driver of the 2005 Infiniti as Charles Barkley," according to a written statement from police. "Mr. Barkley was administered the standard field sobriety tests after the odor of intoxicating liquor was detected."
At a news conference later in the day, Shuhandler said Barkley's "performance on the field sobriety test revealed there was probable cause to make an arrest."
Barkley declined to take a breath test to measure his blood-alcohol level, Shuhandler said earlier.
"When he arrived at the station, police administered a blood test, which is customary of our police department to do," he said, adding that Barkley consented to the blood test.
It will take "a few days" for the crime lab to test the blood sample and determine Barkley's blood-alcohol level, Shuhandler said.
The former NBA power forward was cited for driving while impaired and released.
"It was a pretty routine arrest," Shuhandler said.
Barkley's sport-utility vehicle was impounded under mandatory vehicle impound laws, police said.
Shuhandler said Barkley behaved professionally during the booking and was "very respectful and cordial with our officers."
Barkley, 45, is a commentator for TNT's coverage of the NBA.
In October, he told CNN's Campbell Brown that he plans to run for governor of his home state of Alabama in 2014, saying, "I can't screw up Alabama. We are number 48 in everything and Arkansas and Mississippi aren't going anywhere."
Although he is well known for entertaining comments and a cocky attitude, he also compiled an impressive résumé as a professional basketball player.
A Hall of Famer and 11-time All-Star, Barkley is one of four players in history to rack up more than 20,000 points, 10,000 rebounds and 4,000 assists in a career. He also earned the NBA's most valuable player designation in 1993 and brought home gold medals with the U.S. Olympic basketball team in 1992 and 1996.
His commanding performance on the court earned him the nicknames "Sir Charles" and the "Round Mound of Rebound."
Barkley was drafted out of Auburn University in 1984 by the Philadelphia 76ers and played 16 seasons with the Sixers, Phoenix Suns and Houston Rockets before he was permanently sidelined in 1999 with a ruptured tendon in his left knee.
Tuesday, December 30, 2008
Police investigating teen girl's death
P-I STAFF
Authorities are investigating the death of a 16-year-old girl found inside her apartment in the 200 block of Alaskan Way South, Seattle police reported Tuesday.
There were no signs of struggle or foul play but the King County Medical Examiner's Office has yet to determine how the girl died.
On Monday, the girl's father called police about 11:15 a.m. to the apartment, where the girl lived with her mother. The father had been unable to reach his daughter and went to check on her. He found her unconscious on a bedroom floor, police spokeswoman Renee Witt said.
Medics pronounced her dead at the scene, Witt said.
Homicide detectives were called to investigate, which is required any time there is a death involving someone under the age of 18, Witt said.
Authorities are investigating the death of a 16-year-old girl found inside her apartment in the 200 block of Alaskan Way South, Seattle police reported Tuesday.
There were no signs of struggle or foul play but the King County Medical Examiner's Office has yet to determine how the girl died.
On Monday, the girl's father called police about 11:15 a.m. to the apartment, where the girl lived with her mother. The father had been unable to reach his daughter and went to check on her. He found her unconscious on a bedroom floor, police spokeswoman Renee Witt said.
Medics pronounced her dead at the scene, Witt said.
Homicide detectives were called to investigate, which is required any time there is a death involving someone under the age of 18, Witt said.
Prosecutors appeal Ressam sentence
P-I STAFF
The U.S. Attorney's Office in Seattle appealed Tuesday the 22-year sentence imposed on convicted terrorist Ahmed Ressam.
An alert customs officer in Port Angeles thwarted Ressam's plot to bomb Los Angeles International Airport during the millennium holiday rush in 1999 when she stopped him as he drove off the Victoria ferry with a trunk full of explosives.
An appeals court sent the case back to U.S. District Judge John Coughenour for resentencing because of his failure at Ressam's original sentencing in 2005 to clearly enumerate how he had calculated Ressam's sentence under federal guidelines. Coughenour rejected a request from prosecutors at a Dec. 3 hearing that Ressam be sentenced to life in prison because he has stopped cooperating with investigators, instead re-imposing a 22-year sentence.
At the time, prosecutors said they intended to appeal.
The U.S. Attorney's Office in Seattle appealed Tuesday the 22-year sentence imposed on convicted terrorist Ahmed Ressam.
An alert customs officer in Port Angeles thwarted Ressam's plot to bomb Los Angeles International Airport during the millennium holiday rush in 1999 when she stopped him as he drove off the Victoria ferry with a trunk full of explosives.
An appeals court sent the case back to U.S. District Judge John Coughenour for resentencing because of his failure at Ressam's original sentencing in 2005 to clearly enumerate how he had calculated Ressam's sentence under federal guidelines. Coughenour rejected a request from prosecutors at a Dec. 3 hearing that Ressam be sentenced to life in prison because he has stopped cooperating with investigators, instead re-imposing a 22-year sentence.
At the time, prosecutors said they intended to appeal.
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