P-I STAFF
Thousands of crack cocaine convicts around the country -- including 29 from Western Washington -- have had their prison sentences cut since the federal government eased harsh penalties for crack that critics said were racially biased because the majority of offenders are black.
In December, over the objections of the Justice Department, the U.S. Sentencing Commission voted to ease the way courts meted out penalties for drug crimes to rectify disparities in the way judges have treated crack crimes versus those involving powder cocaine. Four out of five crack defendants are black, while most powder cocaine convicts are white.
The new sentencing guidelines, which took effect in March, allowed nearly 20,000 people convicted of crack cocaine offenses to seek retroactive reductions in their prison time. About 1,600 federal inmates were eligible for immediate release.
About five inmates from Western Washington have been released so far, according to Assistant U.S. Attorney Doug Whalley. He said the cases of two dozen more inmates are being reviewed to determine if they are eligible for sentence reductions.
Experienced legal counsel to cannabis businesses, entrepreneurs, and patients.
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Friday, April 25, 2008
Wednesday, April 23, 2008
Judge declares mistrial in alleged murder-for-hire case
By Seattle Times staff
A King County judge this afternoon declared a mistrial in the second trial of a 19-year-old Des Moines man accused of killing another man in an alleged murder-for-hire plot prosecutors say was hatched by the victim's wife.
Superior Court Judge Steven Gonzalez declared the mistrial in Wilson Sayachack's trial after a witness who claimed Sayachack had confessed to the slaying recently came forward. Defense attorneys had asked for the mistrial so they could investigate the man's claims.
Sayachack was 16, prosecutors said, when he fatally shot Ronald Whitehead, 61, on March 18, 2005, in a slaying police said was made to look like a carjacking. He is being tried as an adult.
Sayachack's first trial ended in a mistrial on Feb. 7 after a jury deadlocked 9-3 in favor of acquittal. Testimony in his second trial had begun on April 15.
Whitehead was driving to work when he was shot four times at South 188th Street and Eighth Avenue South near SeaTac, according to police. His body was pushed from the car.
His Ford Mustang was found two days later a few miles away.
According to charging papers, Sayachack hid in the trunk of Whitehead's car the morning of the shooting as Whitehead headed to work. Jon Ogden, who was Whitehead's stepson, was in the passenger seat.
Sayachack allegedly climbed through the folding back seat and shot Whitehead in the back of the head, charging papers say. Police say that Whitehead's wife, Velma Ogden-Whitehead, paid Sayachack $1,000 for the killing.
A King County judge this afternoon declared a mistrial in the second trial of a 19-year-old Des Moines man accused of killing another man in an alleged murder-for-hire plot prosecutors say was hatched by the victim's wife.
Superior Court Judge Steven Gonzalez declared the mistrial in Wilson Sayachack's trial after a witness who claimed Sayachack had confessed to the slaying recently came forward. Defense attorneys had asked for the mistrial so they could investigate the man's claims.
Sayachack was 16, prosecutors said, when he fatally shot Ronald Whitehead, 61, on March 18, 2005, in a slaying police said was made to look like a carjacking. He is being tried as an adult.
Sayachack's first trial ended in a mistrial on Feb. 7 after a jury deadlocked 9-3 in favor of acquittal. Testimony in his second trial had begun on April 15.
Whitehead was driving to work when he was shot four times at South 188th Street and Eighth Avenue South near SeaTac, according to police. His body was pushed from the car.
His Ford Mustang was found two days later a few miles away.
According to charging papers, Sayachack hid in the trunk of Whitehead's car the morning of the shooting as Whitehead headed to work. Jon Ogden, who was Whitehead's stepson, was in the passenger seat.
Sayachack allegedly climbed through the folding back seat and shot Whitehead in the back of the head, charging papers say. Police say that Whitehead's wife, Velma Ogden-Whitehead, paid Sayachack $1,000 for the killing.
Tuesday, April 22, 2008
Seahawks' Bernard released from jail
P-I STAFF
Seahawks defensive lineman Rocky Bernard was released from jail on his own recognizance Tuesday after spending the night in the King County Jail for allegedly assaulting his ex-girlfriend.
Bernard, 29, appearing at his hearing in a red jail jumpsuit, had been arrested by Seattle police early Monday for fourth-degree domestic violence assault, a misdemeanor.
The victim told police that just before the assault, she and a friend saw Bernard in an altercation with another woman at a Seattle nightclub. He allegedly walked over to the victim, who is the mother of one of his children, and punched her in the forehead. She and her friend ran off and called police later.
Seahawks defensive lineman Rocky Bernard was released from jail on his own recognizance Tuesday after spending the night in the King County Jail for allegedly assaulting his ex-girlfriend.
Bernard, 29, appearing at his hearing in a red jail jumpsuit, had been arrested by Seattle police early Monday for fourth-degree domestic violence assault, a misdemeanor.
The victim told police that just before the assault, she and a friend saw Bernard in an altercation with another woman at a Seattle nightclub. He allegedly walked over to the victim, who is the mother of one of his children, and punched her in the forehead. She and her friend ran off and called police later.
Monday, April 21, 2008
Man exposing himself at SeaTac apartments
By TRAVIS PITTMAN / KING5.com
SEATAC, Wash. – A man who has exposed himself in public nearly a dozen times is getting bolder by getting physical with his victims.
The King County Sheriff's Office says the man has struck at least 11 times, exposing himself to women in SeaTac apartment complexes. In some cases, he has grabbed or groped the women as they walked past him. One of the victims was just 11-years-old.
The cases string from late February to as recently as April 13. The most frequently hit complex is the Carriage Windsor Apartments at 3608 S. 180th Street, where the suspect has struck seven times. There were also three cases at the Windsor Heights Apartments at 17229 32nd Avenue S. and one at the Hunt Club Apartments at 3726 S. 180th Street. Detectives think there may have been more, unreported cases.
The incidents all occurred between about 5 p.m. and 9:30 p.m.
The suspect is in his mid-20's. He is 5-feet 6 inches to 5-feet 8 inches tall with olive skin. He always wears a hoodie with the hood clinched up around his face and blue or black jeans.
SEATAC, Wash. – A man who has exposed himself in public nearly a dozen times is getting bolder by getting physical with his victims.
The King County Sheriff's Office says the man has struck at least 11 times, exposing himself to women in SeaTac apartment complexes. In some cases, he has grabbed or groped the women as they walked past him. One of the victims was just 11-years-old.
The cases string from late February to as recently as April 13. The most frequently hit complex is the Carriage Windsor Apartments at 3608 S. 180th Street, where the suspect has struck seven times. There were also three cases at the Windsor Heights Apartments at 17229 32nd Avenue S. and one at the Hunt Club Apartments at 3726 S. 180th Street. Detectives think there may have been more, unreported cases.
The incidents all occurred between about 5 p.m. and 9:30 p.m.
The suspect is in his mid-20's. He is 5-feet 6 inches to 5-feet 8 inches tall with olive skin. He always wears a hoodie with the hood clinched up around his face and blue or black jeans.
Saturday, April 19, 2008
Videotaped beating was not used in courtroom
By JIM FORMAN / KING 5 News
LYNNWOOD, Wash. - The case of the Florida cheerleader beating that was videotaped has ignited a storm of controversy and concern over violence among young people.
But long before the Florida case, there was a brutal beating in Lynnwood, Wash.
Laura Eberhard was on the receiving end of the attack by her boyfriend's ex-girlfriend. The incidence was videotaped and, within days, it was on YouTube and MySpace.
Now nearly a year after the beating, Laura is working two jobs, and working to move on. But while the bruises have healed, the emotional scars remain.
After the beating, Laura went to police. During their investigation, they took pictures, interviewed witnesses, and even got a confession.
But it was the video that would make the case. At least that's what Laura thought.
“Like what case? There never was a case. It was like in and out, a slap on the hand, here you go, like have a nice life,” she said.
Laura says, when it came time for trial, the judge never looked at the video, ultimately sentencing the aggressor simply to home monitoring and 8 hours of anger management classes.
Laura believes there need to be tougher penalties for those who decide to turn to violence and then turn around and share it with the world.
Laura says YouTube took the video down right away, but it took a lot more work with MySpace.
LYNNWOOD, Wash. - The case of the Florida cheerleader beating that was videotaped has ignited a storm of controversy and concern over violence among young people.
But long before the Florida case, there was a brutal beating in Lynnwood, Wash.
Laura Eberhard was on the receiving end of the attack by her boyfriend's ex-girlfriend. The incidence was videotaped and, within days, it was on YouTube and MySpace.
Now nearly a year after the beating, Laura is working two jobs, and working to move on. But while the bruises have healed, the emotional scars remain.
After the beating, Laura went to police. During their investigation, they took pictures, interviewed witnesses, and even got a confession.
But it was the video that would make the case. At least that's what Laura thought.
“Like what case? There never was a case. It was like in and out, a slap on the hand, here you go, like have a nice life,” she said.
Laura says, when it came time for trial, the judge never looked at the video, ultimately sentencing the aggressor simply to home monitoring and 8 hours of anger management classes.
Laura believes there need to be tougher penalties for those who decide to turn to violence and then turn around and share it with the world.
Laura says YouTube took the video down right away, but it took a lot more work with MySpace.
Tuesday, April 15, 2008
Woman drives SUV into building
By MIMI JUNG / KING 5 News
SHELTON, Wash. - A driver went on a rampage in Shelton Monday evening, using her SUV as a battering ram.
She took out several parked cars before driving straight through the Department of Corrections building.
The 39-year-old woman driving a Landrover played bumper cars, slamming into several vehicles before ramming her car into the building over and over again and driving into an office.
State trooper said the woman was intoxicated but refused a breath test.
Nobody was injured. The woman was arrested.
It was not immediately clear why she went on the rampage.
SHELTON, Wash. - A driver went on a rampage in Shelton Monday evening, using her SUV as a battering ram.
She took out several parked cars before driving straight through the Department of Corrections building.
The 39-year-old woman driving a Landrover played bumper cars, slamming into several vehicles before ramming her car into the building over and over again and driving into an office.
State trooper said the woman was intoxicated but refused a breath test.
Nobody was injured. The woman was arrested.
It was not immediately clear why she went on the rampage.
Teen to plead guilty in adult court
By Jennifer Sullivan
Seattle Times staff reporter
A 16-year-old boy accused of fatally shooting a man during a burglary in White Center last fall has agreed to plead guilty in adult court to second-degree murder.
Jonathan Newman was 15 when he was charged with first-degree murder in King County Juvenile Court shortly after Craig Hoffman, 46, was killed when he interrupted a burglary in his home on Oct. 19.
During a hearing Monday in Juvenile Court, Deputy Prosecutor Amy Montgomery and defense attorney Christopher Carney signed off on an agreement that the case be handled in adult court with the stipulation that Newman would plead guilty to second-degree murder with a firearm. Juvenile Court Judge Leroy McCullough remanded Newman's case to adult court.
Montgomery said the Prosecutor's Office plans to seek a sentence of up to 23 years in prison. Newman is scheduled to enter his plea Wednesday morning at the Regional Justice Center in Kent.
Montgomery said Monday that prosecutors have a strong case against Newman. She said two other teens arrested in the burglary have pleaded guilty in juvenile court and promised to testify against Newman.
According to charging papers, the three teens saw Hoffman drive away from his home in the 11000 block of 14th Avenue Southwest on the morning of Oct. 19 and Newman entered through an open garage. He then let the other two boys in through the front door. When Hoffman returned a short time later, the boys raced out of the house with stolen items in hand, court documents said.
Montgomery said Newman shot Hoffman as the homeowner was chasing the teens off his property.
Montgomery also said in court that Newman committed nearly 20 burglaries in the months before Hoffman's death. She said he stored what he took in a mobile home on his parents' property, and that some items were sold and the rest were traded for drugs.
Newman's attorney declined to comment about the case after Monday's hearing.
Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
Seattle Times staff reporter
A 16-year-old boy accused of fatally shooting a man during a burglary in White Center last fall has agreed to plead guilty in adult court to second-degree murder.
Jonathan Newman was 15 when he was charged with first-degree murder in King County Juvenile Court shortly after Craig Hoffman, 46, was killed when he interrupted a burglary in his home on Oct. 19.
During a hearing Monday in Juvenile Court, Deputy Prosecutor Amy Montgomery and defense attorney Christopher Carney signed off on an agreement that the case be handled in adult court with the stipulation that Newman would plead guilty to second-degree murder with a firearm. Juvenile Court Judge Leroy McCullough remanded Newman's case to adult court.
Montgomery said the Prosecutor's Office plans to seek a sentence of up to 23 years in prison. Newman is scheduled to enter his plea Wednesday morning at the Regional Justice Center in Kent.
Montgomery said Monday that prosecutors have a strong case against Newman. She said two other teens arrested in the burglary have pleaded guilty in juvenile court and promised to testify against Newman.
According to charging papers, the three teens saw Hoffman drive away from his home in the 11000 block of 14th Avenue Southwest on the morning of Oct. 19 and Newman entered through an open garage. He then let the other two boys in through the front door. When Hoffman returned a short time later, the boys raced out of the house with stolen items in hand, court documents said.
Montgomery said Newman shot Hoffman as the homeowner was chasing the teens off his property.
Montgomery also said in court that Newman committed nearly 20 burglaries in the months before Hoffman's death. She said he stored what he took in a mobile home on his parents' property, and that some items were sold and the rest were traded for drugs.
Newman's attorney declined to comment about the case after Monday's hearing.
Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
Sunday, April 13, 2008
Edmonds man pleads guilty to tax fraud
By Seattle Times staff
An Edmonds computer programmer faces up to three years in federal prison after pleading guilty to a charge that he filed a fraudulent tax return.
Lyle R. Larson, the 43-year-old owner of the software-development and computer-consulting company, Red Planet Corp., claimed he made less than $22,000 in 2000 — even though he earned more than $1.5 million that year, according to the U.S. Attorney's Office for Western Washington. He used his unreported earnings to buy cars, a yacht and real estate.
Larson pleaded guilty in U.S. District Court in Seattle on Friday. He is expected to be sentenced in July and faces a maximum punishment of three years behind bars, one year of supervised release and a fine of $250,000. Larson is also to pay full restitution and remains liable for civil penalties, interest and back taxes owed to the Internal Revenue Service.
"Cheating on your federal income taxes is a good way to get yourself federally prosecuted," said Special Agent Dan Wardlaw, a spokesman for the FBI in Seattle, which investigated Larson's case.
An Edmonds computer programmer faces up to three years in federal prison after pleading guilty to a charge that he filed a fraudulent tax return.
Lyle R. Larson, the 43-year-old owner of the software-development and computer-consulting company, Red Planet Corp., claimed he made less than $22,000 in 2000 — even though he earned more than $1.5 million that year, according to the U.S. Attorney's Office for Western Washington. He used his unreported earnings to buy cars, a yacht and real estate.
Larson pleaded guilty in U.S. District Court in Seattle on Friday. He is expected to be sentenced in July and faces a maximum punishment of three years behind bars, one year of supervised release and a fine of $250,000. Larson is also to pay full restitution and remains liable for civil penalties, interest and back taxes owed to the Internal Revenue Service.
"Cheating on your federal income taxes is a good way to get yourself federally prosecuted," said Special Agent Dan Wardlaw, a spokesman for the FBI in Seattle, which investigated Larson's case.
Friday, April 11, 2008
15-year-old Burien girl arrested in connection with stabbing death of Kent man
By Seattle Times staff
King County sheriff's investigators have arrested a 15-year-old Burien girl for investigation of homicide in connection with the stabbing death of a 49-year-old Kent man on April 4.
Deputies were called to the man's home on Tuesday to check on him, said sheriff's spokesman John Urquhart. Deputies found the man slain in the garage, with apparent stab wounds.
Investigators tested fingerprints on a knife found near the man's body and the print came back to the girl, Urquhart said.
The King County Medical Examiner's Office is investigating the slaying, but is still trying to identify the man.
The girl, who is being held at the King County Youth Service Center, has had "numerous contacts" with police in the past, including an arrest for prostitution, Urquhart said. She was arrested on Thursday.
King County sheriff's investigators have arrested a 15-year-old Burien girl for investigation of homicide in connection with the stabbing death of a 49-year-old Kent man on April 4.
Deputies were called to the man's home on Tuesday to check on him, said sheriff's spokesman John Urquhart. Deputies found the man slain in the garage, with apparent stab wounds.
Investigators tested fingerprints on a knife found near the man's body and the print came back to the girl, Urquhart said.
The King County Medical Examiner's Office is investigating the slaying, but is still trying to identify the man.
The girl, who is being held at the King County Youth Service Center, has had "numerous contacts" with police in the past, including an arrest for prostitution, Urquhart said. She was arrested on Thursday.
Tuesday, April 8, 2008
Two arrested in fatal stabbing outside bar
P-I STAFF AND NEWS SERVICES
SPANAWAY -- Two men have been arrested in the fatal stabbing of a man outside a bar in Spanaway, southeast of Tacoma.
A motorcycle gang is being blamed for the death of the 39-year-old Spanaway man late Saturday night in the parking lot of The Bullseye Sports Lounge.
Pierce County sheriff's Detective Ed Troyer said the man reportedly argued with a group at the bar and was jumped by several men in the parking lot. He was pronounced dead at St. Joseph Medical Center in Tacoma.
Troyer said the killers apparently fled on three motorcycles and in a 1980s gold sedan. Two men were arrested Sunday, and an online jail roster shows that Barry Ford and Mike Robert McCreven were booked Sunday night for investigation of first-degree murder.
SPANAWAY -- Two men have been arrested in the fatal stabbing of a man outside a bar in Spanaway, southeast of Tacoma.
A motorcycle gang is being blamed for the death of the 39-year-old Spanaway man late Saturday night in the parking lot of The Bullseye Sports Lounge.
Pierce County sheriff's Detective Ed Troyer said the man reportedly argued with a group at the bar and was jumped by several men in the parking lot. He was pronounced dead at St. Joseph Medical Center in Tacoma.
Troyer said the killers apparently fled on three motorcycles and in a 1980s gold sedan. Two men were arrested Sunday, and an online jail roster shows that Barry Ford and Mike Robert McCreven were booked Sunday night for investigation of first-degree murder.
Woman charged in man's drug death
P-I STAFF AND NEWS SERVICES
MOUNT VERNON -- A 19-year-old Mount Vernon woman has been charged with providing a lethal mix of cocaine and heroin to a 52-year-old man.
According to court documents, Patrick Brady of Stanwood was found dead Feb. 23 in a Mount Vernon hotel room with syringes and needles. Brady had injection marks on his arm.
Tarah Lynn Deutsch will be arraigned April 10 on charges of controlled substance homicide, second-degree manslaughter and delivery of a controlled substance.
Deutsch had been arrested Feb. 27 on unrelated charges.
Deutsch told police she bought heroin and cocaine that they both injected, and Brady was alive when she left the room.
MOUNT VERNON -- A 19-year-old Mount Vernon woman has been charged with providing a lethal mix of cocaine and heroin to a 52-year-old man.
According to court documents, Patrick Brady of Stanwood was found dead Feb. 23 in a Mount Vernon hotel room with syringes and needles. Brady had injection marks on his arm.
Tarah Lynn Deutsch will be arraigned April 10 on charges of controlled substance homicide, second-degree manslaughter and delivery of a controlled substance.
Deutsch had been arrested Feb. 27 on unrelated charges.
Deutsch told police she bought heroin and cocaine that they both injected, and Brady was alive when she left the room.
Thursday, April 3, 2008
Seattle man charged in hit-and-run death
By Seattle Times staff
A 21-year-old Seattle man was charged today with three felony counts in connection with the Monday hit-and-run death of a 92-year-old man on Rainier Avenue South.
Jeffrey Brouse was charged with vehicular homicide, hit-and-run and vehicle theft.
Police say that Brouse stole a 2004 GMC Envoy from his uncle and collided with Salvatore Vito Covello's vehicle at Rainier Avenue South and South Holly Street, according to charging documents filed in King County Superior Court.
Covello, who was returning home after visiting a nearby senior center, died at the scene. Brouse ran from the stolen vehicle to his uncle's house nearby and was arrested, court papers said. Police say that Brouse had a breath-alcohol content higher than the legal limit of 0.08.
A 21-year-old Seattle man was charged today with three felony counts in connection with the Monday hit-and-run death of a 92-year-old man on Rainier Avenue South.
Jeffrey Brouse was charged with vehicular homicide, hit-and-run and vehicle theft.
Police say that Brouse stole a 2004 GMC Envoy from his uncle and collided with Salvatore Vito Covello's vehicle at Rainier Avenue South and South Holly Street, according to charging documents filed in King County Superior Court.
Covello, who was returning home after visiting a nearby senior center, died at the scene. Brouse ran from the stolen vehicle to his uncle's house nearby and was arrested, court papers said. Police say that Brouse had a breath-alcohol content higher than the legal limit of 0.08.
Wednesday, April 2, 2008
Pre-screened border crosser busted for smuggling pot
By HECTOR CASTRO
P-I REPORTER
Border Patrol agents arrested a man this week who was signed up for the Nexus program, an electronic pass program in which members submit to background checks in return for a speedier crossing at the border.
Despite that extra layer of security, the 41-year-old Lacey man was found with 4.4 pounds of what authorities said was high grade marijuana in the cargo area of his 1999 Jeep Cherokee.
Officials with U.S. Customs and Border Protection said that on Sunday night, the man was crossing the border into the United States and was selected for an intense search after entering one of the lanes set aside for people in the Nexus program. Authorities did not say why the man was selected to be searched.
But during the ensuing inspection, a box was found in the vehicle. When officers opened it, they allegedly found four sealed packages of marijuana, packed with coffee grounds. They immediately arrested the driver.
Nexus began in June 2002 and was meant to give people who cross the border frequently a way of avoiding the long lines at the U.S.-Candadian border. Participants undergo a background screening and are then issued a card with an embedded radio transponder. The drivers can wave the card at a receiver, which allows border agents to view the person's background information and photo.
Participants are generally considered to be low-risk travelers.
P-I REPORTER
Border Patrol agents arrested a man this week who was signed up for the Nexus program, an electronic pass program in which members submit to background checks in return for a speedier crossing at the border.
Despite that extra layer of security, the 41-year-old Lacey man was found with 4.4 pounds of what authorities said was high grade marijuana in the cargo area of his 1999 Jeep Cherokee.
Officials with U.S. Customs and Border Protection said that on Sunday night, the man was crossing the border into the United States and was selected for an intense search after entering one of the lanes set aside for people in the Nexus program. Authorities did not say why the man was selected to be searched.
But during the ensuing inspection, a box was found in the vehicle. When officers opened it, they allegedly found four sealed packages of marijuana, packed with coffee grounds. They immediately arrested the driver.
Nexus began in June 2002 and was meant to give people who cross the border frequently a way of avoiding the long lines at the U.S.-Candadian border. Participants undergo a background screening and are then issued a card with an embedded radio transponder. The drivers can wave the card at a receiver, which allows border agents to view the person's background information and photo.
Participants are generally considered to be low-risk travelers.
Sunday, March 30, 2008
Suspect in high speed police chase had child on his lap
By BERNARD CHOI / KING 5 News
MOUNTLAKE TERRACE, Wash. – A 19-month-old child was recovered safely after being caught in the middle of a high speed police chase with her father Saturday afternoon.
That chase reached speeds of 100 miles per hour down I-5 south of Mountlake Terrace. Police said the baby's father held the child on his lap the whole way.
He was arrested Saturday afternoon and is likely to be charged with eluding police and endangering a child.
Police say the incident started in a Mountlake Terrace Park, where they were called to help a baby having seizures.
"The individual refused to comply with officer's commands to hand over the child and surrender himself," said Sgt. Craig McCaul, of Mountlake Terrace Police.
Police say the man, who had outstanding warrants, got into his car with child on lap and raced down I-5, weaving through traffic.
"All the while the 19-month-old child is in the lap of the gentleman," McCaul said.
Detectives tracked down the father at a Lake City apartment, and he led police on a foot chase for several blocks before he was arrested.
MOUNTLAKE TERRACE, Wash. – A 19-month-old child was recovered safely after being caught in the middle of a high speed police chase with her father Saturday afternoon.
That chase reached speeds of 100 miles per hour down I-5 south of Mountlake Terrace. Police said the baby's father held the child on his lap the whole way.
He was arrested Saturday afternoon and is likely to be charged with eluding police and endangering a child.
Police say the incident started in a Mountlake Terrace Park, where they were called to help a baby having seizures.
"The individual refused to comply with officer's commands to hand over the child and surrender himself," said Sgt. Craig McCaul, of Mountlake Terrace Police.
Police say the man, who had outstanding warrants, got into his car with child on lap and raced down I-5, weaving through traffic.
"All the while the 19-month-old child is in the lap of the gentleman," McCaul said.
Detectives tracked down the father at a Lake City apartment, and he led police on a foot chase for several blocks before he was arrested.
Kitsap County WA man arrested twice in 1 day for drunk driving
A 48-year-old Kitsap County man was arrested twice in the same day by State Patrol troopers for drunken driving.
The Seabeck man's arrest on Friday night was his fifth drunken-driving arrest. He was found to have a blood-alcohol level of more than four times the legal limit.
The State Patrol says the man also was arrested on Friday morning, when he had a blood-alcohol level of nearly five times the legal limit.
The Seabeck man's arrest on Friday night was his fifth drunken-driving arrest. He was found to have a blood-alcohol level of more than four times the legal limit.
The State Patrol says the man also was arrested on Friday morning, when he had a blood-alcohol level of nearly five times the legal limit.
Tuesday, March 25, 2008
Police name person of interest in Lakewood fatal shooting
By ROBERTA ROMERO / KING 5 News and KING5.com
LAKEWOOD, Wash. - Police have named a person of interest in the fatal shooting of a young man early Tuesday.
Police are looking for 19-year-old James Laron Ellis. Ellis is 5-foot-7 and 160 pounds.
Police warn that Ellis may be armed and dangerous. He has an outstanding misdemeanor arrest warrant.
Shooting at 2 a.m.
Early Tueday morning, officers responded to calls of shots fired at the Laurel Garden Apartments in the 6600 block of 150th St. SW in Lakewood.
When they arrived at an apartment, they found the 20-year-old male victim dead of a gunshot to the head. The victim's girlfriend and another friend, who both live at the apartment, were there at the time.
Police say three people, all known to the victim, had arrived at the apartment earlier and were let inside. An argument ensued, then one of the suspects pulled out a gun and shot the man. The suspects fled; the victim died at the scene.
"It looks like the motive was robbery," said Sgt. Mike Zaro, Lakewood Police Dept. "We had three suspects that knew the victim and he had something of value there."
Neighbors in the area awoke to police searching for the suspects.
"We've had canine tracks, we've had helicopters in the air, we've been doing everything we can to try and find them in this area," said Zaro.
The police canine unit found one of the suspects about a half a mile from the crime scene, hiding out in a garage. The shooter was on the run, but witnesses, including the victim's girlfriend, were able to tell police his name.
The Laurel Garden Apartments is known to police. Residents say there have been a number of crimes in the complex. Most residents keep to themselves, but some had met the 20-year-old victim.
Lakewood police believe the robbery may have been linked to drugs. They say if necessary, they will release a description of the suspects to the public Tuesday afternoon.
LAKEWOOD, Wash. - Police have named a person of interest in the fatal shooting of a young man early Tuesday.
Police are looking for 19-year-old James Laron Ellis. Ellis is 5-foot-7 and 160 pounds.
Police warn that Ellis may be armed and dangerous. He has an outstanding misdemeanor arrest warrant.
Shooting at 2 a.m.
Early Tueday morning, officers responded to calls of shots fired at the Laurel Garden Apartments in the 6600 block of 150th St. SW in Lakewood.
When they arrived at an apartment, they found the 20-year-old male victim dead of a gunshot to the head. The victim's girlfriend and another friend, who both live at the apartment, were there at the time.
Police say three people, all known to the victim, had arrived at the apartment earlier and were let inside. An argument ensued, then one of the suspects pulled out a gun and shot the man. The suspects fled; the victim died at the scene.
"It looks like the motive was robbery," said Sgt. Mike Zaro, Lakewood Police Dept. "We had three suspects that knew the victim and he had something of value there."
Neighbors in the area awoke to police searching for the suspects.
"We've had canine tracks, we've had helicopters in the air, we've been doing everything we can to try and find them in this area," said Zaro.
The police canine unit found one of the suspects about a half a mile from the crime scene, hiding out in a garage. The shooter was on the run, but witnesses, including the victim's girlfriend, were able to tell police his name.
The Laurel Garden Apartments is known to police. Residents say there have been a number of crimes in the complex. Most residents keep to themselves, but some had met the 20-year-old victim.
Lakewood police believe the robbery may have been linked to drugs. They say if necessary, they will release a description of the suspects to the public Tuesday afternoon.
Monday, March 24, 2008
Saturday, March 22, 2008
Washington State Case Law Update
State V. Burke : The Washington State Supreme Court held that Mr. Burke's refusal to speak to police on the night of his arrest for rape of a child, including his failure to provide police with evidence that he reasonably believed his partner was of legal age to consent, could not be commented on by the State during its case in chief as possible evidence of Mr. Burke's guilt. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/785287.opn.pdf
State V. Chavez : The Washington State Supreme Court held that a juvenile charged with a serious violent crime does not have the right to a jury trial. The court further held that the provision in the assault statute allowing the judiciary to define assault is not a violation of the separation of powers doctrine. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/792658.opn.pdf
State V. Abrams : The Washington State Supreme Court held that, in light of decisions by the United States Supreme Court requiring the materiality of a false statement in a perjury prosecution to be deteremined by the jury, the language of Washington's perjury statute, RCW 9A.72.010(1) is constitutionally infirm, as it requires the trial judge to determine the materiality of a false statement as a matter of law, thus depriving the defendant of a jury determination of an element of the crime charged. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/794812.opn.pdf
State V. McKague : The Division Two Court of Appeals held that marijuana seized during a search of defendant's home while looking for his brother, the subject of an outstanding DOC felony probation violation warrant, when the address on the search warrant did not match the address searched and officers searched areas known to be occupied only by the defendant who was not named on the warrant without defendant's permission. The Court noted that a subesequently obtained warrant did not cure the initial illegal entry into the residence. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/35336-9.08.doc.pdf
State V. Berrier : The Division Two Court of Appeals held that aggrivating factors justifying an exceptional sentence need not be included in the State's information when a case is filed, but may be set forth in a separate notice of intent to seek an exceptional sentence. The court did reverse the exceptional sentence in this case, however, holding that there was insufficient evidence to support the trial court's finding of three aggravating factors. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/35470-5.08.doc.pdf
Spokane v. Wilcox : The Division Three Court of Appeals held that the administrative suspension of a driver's license for a DUI conviction is not a punishment subject to Blakely protections, and the defendant is therefore not entitled to a jury determination of a refusal to submit to a breath test. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/240304.opn.doc.pdf
State V. Chavez : The Washington State Supreme Court held that a juvenile charged with a serious violent crime does not have the right to a jury trial. The court further held that the provision in the assault statute allowing the judiciary to define assault is not a violation of the separation of powers doctrine. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/792658.opn.pdf
State V. Abrams : The Washington State Supreme Court held that, in light of decisions by the United States Supreme Court requiring the materiality of a false statement in a perjury prosecution to be deteremined by the jury, the language of Washington's perjury statute, RCW 9A.72.010(1) is constitutionally infirm, as it requires the trial judge to determine the materiality of a false statement as a matter of law, thus depriving the defendant of a jury determination of an element of the crime charged. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/794812.opn.pdf
State V. McKague : The Division Two Court of Appeals held that marijuana seized during a search of defendant's home while looking for his brother, the subject of an outstanding DOC felony probation violation warrant, when the address on the search warrant did not match the address searched and officers searched areas known to be occupied only by the defendant who was not named on the warrant without defendant's permission. The Court noted that a subesequently obtained warrant did not cure the initial illegal entry into the residence. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/35336-9.08.doc.pdf
State V. Berrier : The Division Two Court of Appeals held that aggrivating factors justifying an exceptional sentence need not be included in the State's information when a case is filed, but may be set forth in a separate notice of intent to seek an exceptional sentence. The court did reverse the exceptional sentence in this case, however, holding that there was insufficient evidence to support the trial court's finding of three aggravating factors. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/35470-5.08.doc.pdf
Spokane v. Wilcox : The Division Three Court of Appeals held that the administrative suspension of a driver's license for a DUI conviction is not a punishment subject to Blakely protections, and the defendant is therefore not entitled to a jury determination of a refusal to submit to a breath test. A copy of the decision may be viewed at: http://www.courts.wa.gov/opinions/pdf/240304.opn.doc.pdf
Wednesday, March 19, 2008
Woman pleads guilty to false rape report
By Peyton Whitely
Seattle Times Eastside bureau
A 22-year-old former Woodinville woman pleaded guilty Tuesday to making a false rape accusation against a local college professor last June.
King County District Court Judge Peter Nault called the case one of the "saddest" he'd ever seen in court and one that is likely to have long-term impact on future investigations.
"That we hurry to castigate a person who turns out to be entirely innocent ... I don't know how it could be worse," said Nault, saying the incident will make it harder for real sexual victims to bring their cases forward.
Nault accepted a guilty plea from Katherine M. Clifton, accused of making false statements to a public servant.
Those statements led to the rape charge last summer against the professor who subsequently spent nine days in jail and was placed on leave from his job.
Clifton declined to comment at the hearing but filed a detailed statement saying that she had been sexually abused by her grandfather, who was convicted of rape of a child in 1994.
"In order to understand why, I have to explain what has happened to me in my past that has forever affected me," she wrote.
Clifton, who now lives in Ellensburg, was sentenced to serve 365 days in jail, with 357 days suspended, and to pay a $5,000 fine, with $4,750 suspended, plus other conditions that include probation and community service. Nault also ordered her to pay the professor's attorney fees.
The professor declined to discuss the charges, saying he wants to put the past behind him, and asked not to be identified.
The King County Prosecutor's Office concedes a mistake was made in the original prosecution but said it was acting on the best information available at the time.
"In hindsight, what was presented to us was an allegation of a violent rape," said Ian Goodhew, deputy chief of staff. "That doesn't mean the investigation stopped."
Clifton was "an extremely articulate and credible victim," said Sgt. John Urquhart, Sheriff's Office spokesman. "There was no reason to suspect she wasn't telling the truth."
The investigation started July 9, when Clifton met with a detective, according to court records.
She described a series of contacts with the professor beginning the previous March. She showed police e-mail messages she said were from the professor which said he had "romantic feelings" and seemed to promise to raise her grade if she agreed "to a few conditions."
Clifton also told detectives the professor "randomly showed up at locations she frequented" at least 15 times.
She said that at 7 a.m. on July 5 the professor went into her Woodinville house and raped her.
On July 10, detectives contacted the professor, who denied all the charges and said he'd never seen Clifton off the school campus. He acknowledged exchanging e-mails with her but said the ones she provided to police had been altered.
The professor was charged with first-degree rape and burglary on July 12. The Prosecutor's Office asked for $500,000 bail, describing the professor as "an extreme threat to the victim and the community."
But as detectives continued working, it became clear that the text in the e-mails had been changed. None of the professor's fingerprints were found at Clifton's house. A sexual-assault examination found no evidence of rape.
The detective also checked on a supposed court order shown by Clifton to people at the college that seemed to bear the heading "In the Superior Court of Washington State for King County" and apparently ordered her not to talk about the professor.
But the judge's signature was illegible and the case number didn't match any King County filings.
On July 25, Clifton told detectives she had forged a judge's signature and made up a legal document on her computer.
On July 26 the charges were dismissed, and a day later Clifton was charged with making false statements to a public servant.
Clifton's attorney, Kelly Faoro, said her client has "extremely deep remorse" for the false statements and realizes that "none of this makes it any better" for the professor.
The professor now has his job back, but said in court documents that the experience would stay with him.
"Even though I did absolutely nothing wrong ... my rape and burglary with sexual-motivation charges, albeit false, will remain in the court records forever," he swore in one filing.
King County Deputy Prosecuting Attorney Shelby Smith said Clifton's actions will also "harm the community of sexual-assault victims," who will find their cases more difficult to pursue.
"Other victims will be treated with more scrutiny," she said.
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com.
Seattle Times Eastside bureau
A 22-year-old former Woodinville woman pleaded guilty Tuesday to making a false rape accusation against a local college professor last June.
King County District Court Judge Peter Nault called the case one of the "saddest" he'd ever seen in court and one that is likely to have long-term impact on future investigations.
"That we hurry to castigate a person who turns out to be entirely innocent ... I don't know how it could be worse," said Nault, saying the incident will make it harder for real sexual victims to bring their cases forward.
Nault accepted a guilty plea from Katherine M. Clifton, accused of making false statements to a public servant.
Those statements led to the rape charge last summer against the professor who subsequently spent nine days in jail and was placed on leave from his job.
Clifton declined to comment at the hearing but filed a detailed statement saying that she had been sexually abused by her grandfather, who was convicted of rape of a child in 1994.
"In order to understand why, I have to explain what has happened to me in my past that has forever affected me," she wrote.
Clifton, who now lives in Ellensburg, was sentenced to serve 365 days in jail, with 357 days suspended, and to pay a $5,000 fine, with $4,750 suspended, plus other conditions that include probation and community service. Nault also ordered her to pay the professor's attorney fees.
The professor declined to discuss the charges, saying he wants to put the past behind him, and asked not to be identified.
The King County Prosecutor's Office concedes a mistake was made in the original prosecution but said it was acting on the best information available at the time.
"In hindsight, what was presented to us was an allegation of a violent rape," said Ian Goodhew, deputy chief of staff. "That doesn't mean the investigation stopped."
Clifton was "an extremely articulate and credible victim," said Sgt. John Urquhart, Sheriff's Office spokesman. "There was no reason to suspect she wasn't telling the truth."
The investigation started July 9, when Clifton met with a detective, according to court records.
She described a series of contacts with the professor beginning the previous March. She showed police e-mail messages she said were from the professor which said he had "romantic feelings" and seemed to promise to raise her grade if she agreed "to a few conditions."
Clifton also told detectives the professor "randomly showed up at locations she frequented" at least 15 times.
She said that at 7 a.m. on July 5 the professor went into her Woodinville house and raped her.
On July 10, detectives contacted the professor, who denied all the charges and said he'd never seen Clifton off the school campus. He acknowledged exchanging e-mails with her but said the ones she provided to police had been altered.
The professor was charged with first-degree rape and burglary on July 12. The Prosecutor's Office asked for $500,000 bail, describing the professor as "an extreme threat to the victim and the community."
But as detectives continued working, it became clear that the text in the e-mails had been changed. None of the professor's fingerprints were found at Clifton's house. A sexual-assault examination found no evidence of rape.
The detective also checked on a supposed court order shown by Clifton to people at the college that seemed to bear the heading "In the Superior Court of Washington State for King County" and apparently ordered her not to talk about the professor.
But the judge's signature was illegible and the case number didn't match any King County filings.
On July 25, Clifton told detectives she had forged a judge's signature and made up a legal document on her computer.
On July 26 the charges were dismissed, and a day later Clifton was charged with making false statements to a public servant.
Clifton's attorney, Kelly Faoro, said her client has "extremely deep remorse" for the false statements and realizes that "none of this makes it any better" for the professor.
The professor now has his job back, but said in court documents that the experience would stay with him.
"Even though I did absolutely nothing wrong ... my rape and burglary with sexual-motivation charges, albeit false, will remain in the court records forever," he swore in one filing.
King County Deputy Prosecuting Attorney Shelby Smith said Clifton's actions will also "harm the community of sexual-assault victims," who will find their cases more difficult to pursue.
"Other victims will be treated with more scrutiny," she said.
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com.
Thursday, March 13, 2008
King County Councilmember Jane Hague gets 6 months probation for DUI charge
By Peyton Whitely
Seattle Times Eastside burea
Metropolitan King County Councilmember Jane Hague was placed on six months of probation today for a driving-under-the-influence charge brought against her last summer, with the expectation that if she meets the conditions of the court continuance, the charge will be reduced to reckless driving.
Hague said she was pleased with the legal outcome of the charge filed after she was stopped while driving on Highway 520 on her way back to Bellevue from Seattle in June.
"I'm very happy to have this concluded," she said. "It's been a learning experience. I'm really sorry this did occur."
Hague said she now looks forward to working with law-enforcement agencies and nonprofit organizations to warn against the dangers of drunken driving.
"I've learned a tremendous amount of humility," Hague added. "This is an opportunity to use my public position to a greater good."
The continuance of Hague's case was approved by King County District Court Judge Peter Nault in Redmond after he was presented with an agreed order negotiated by the defense and prosecution in the case.
Special Prosecutor Lynn Moberly, named to bring the charges to prevent possible conflicts of interest with the King County Prosecutor's Office, said the recommendation was arranged through extended negotiations.
Moberly said she had little choice but to agree to the probationary conditions because Hague had no previous criminal history and because Nault had earlier ruled that blood-alcohol readings taken at the time of the arrest couldn't be admitted as evidence during a trial.
Hague was arrested June 2 by a King County deputy sheriff just west of Interstate 405 after he reported seeing her car being driven erratically on Highway 520.
She was arrested and charged on July 16 with DUI after an investigation, with the filing made under her married name of Jane Hague Springman.
The case had gone through several continuances before the latest court session.
Under the new continuance, which Nault described as a "contract between you and the state," Hague will appear again before the court in about six months to face a sentence through the agreed disposition, with the DUI charge then to be reduced to reckless driving if she meets the conditions of the continuance.
The conditions include 75 hours of community service, installation of an ignition-interlock device,an alcohol-and-drug evaluation, alcohol-information school, attendance at a DUI victims' panel, three public-service announcements and no criminal violations.
If those terms are met, Moberly said she will recommend that Hague be sentenced to 365 days in jail, to be suspended; pay a $5,000 fine, with about $4,600 suspended, leaving a payment of about $900 for court costs and other penalties, and undergo a 30-day license suspension.
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com
Seattle Times Eastside burea
Metropolitan King County Councilmember Jane Hague was placed on six months of probation today for a driving-under-the-influence charge brought against her last summer, with the expectation that if she meets the conditions of the court continuance, the charge will be reduced to reckless driving.
Hague said she was pleased with the legal outcome of the charge filed after she was stopped while driving on Highway 520 on her way back to Bellevue from Seattle in June.
"I'm very happy to have this concluded," she said. "It's been a learning experience. I'm really sorry this did occur."
Hague said she now looks forward to working with law-enforcement agencies and nonprofit organizations to warn against the dangers of drunken driving.
"I've learned a tremendous amount of humility," Hague added. "This is an opportunity to use my public position to a greater good."
The continuance of Hague's case was approved by King County District Court Judge Peter Nault in Redmond after he was presented with an agreed order negotiated by the defense and prosecution in the case.
Special Prosecutor Lynn Moberly, named to bring the charges to prevent possible conflicts of interest with the King County Prosecutor's Office, said the recommendation was arranged through extended negotiations.
Moberly said she had little choice but to agree to the probationary conditions because Hague had no previous criminal history and because Nault had earlier ruled that blood-alcohol readings taken at the time of the arrest couldn't be admitted as evidence during a trial.
Hague was arrested June 2 by a King County deputy sheriff just west of Interstate 405 after he reported seeing her car being driven erratically on Highway 520.
She was arrested and charged on July 16 with DUI after an investigation, with the filing made under her married name of Jane Hague Springman.
The case had gone through several continuances before the latest court session.
Under the new continuance, which Nault described as a "contract between you and the state," Hague will appear again before the court in about six months to face a sentence through the agreed disposition, with the DUI charge then to be reduced to reckless driving if she meets the conditions of the continuance.
The conditions include 75 hours of community service, installation of an ignition-interlock device,an alcohol-and-drug evaluation, alcohol-information school, attendance at a DUI victims' panel, three public-service announcements and no criminal violations.
If those terms are met, Moberly said she will recommend that Hague be sentenced to 365 days in jail, to be suspended; pay a $5,000 fine, with about $4,600 suspended, leaving a payment of about $900 for court costs and other penalties, and undergo a 30-day license suspension.
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com
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