Tuesday, April 27, 2010

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

KOMO-TV STAFF

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

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

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

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

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

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

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

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

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

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

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

Meade then opened fire, hitting Meservey seven times.

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

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

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

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

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

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

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

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

Wednesday, April 21, 2010

Washington's medical-marijuana law

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

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

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

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

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

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

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

Source: State Department of Health

Tuesday, April 13, 2010

GUILTY: Schierman faces death penalty in killings of Kirkland family

By KEVIN OPSAHL
KIRKLAND REPORTER

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

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

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

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

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

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

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

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

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

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

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

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

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

Until his arrest, Schierman had no criminal record.

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

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

However, the prosecution could not establish a motive.

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

Friday, April 9, 2010

Medical marijuana activist claims 'assault by bodily fluid'

By MATT PHELPS
KIRKLAND REPORTER

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

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

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

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

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

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

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

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

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

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

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

Thursday, April 1, 2010

Oak Harbor sweep nets dealers, drugs and guns

By JESSIE STENSLAND
WHIDBEY NEWS TIMES

Investigators with the Oak Harbor police and the Naval Criminal Investigative Service took five suspected drug dealers off the streets of the city in the last two weeks, according to police.

Oak Harbor Police Detective Carl Seim said that officers seized significant amounts of heroin, methamphetamine and marijuana — as well as a car, guns, grow equipment and cash — in four separate, unrelated drug busts.

Seim said the investigators served the first search warrant at a home on Highway 20, just north of Ault Field Road, on March 17. He said he was able to obtain the search warrant after a confidential informant made multiple controlled buys of pot from the suspect, 43-year-old Robert Berka.

The officers discovered marijuana grow operations in two sheds. Seim indicated the set-up was somewhat sophisticated and included a giant exhaust fan and filter to reduce the pot odor on the outside.

The officers found 125 plants in various stages of growth, as well as a couple of ounces of pot in the house. In addition, there was marijuana-laced butter, pot-enhanced baked goods and liquor infused with the weed, according to police.

Berka had “a medical marijuana card,” Seim said, but he had more pot than the amount allowed under state law. Berka was arrested on suspicion of possession of marijuana with intent to deliver. The police seized the marijuana and the growing equipment.

Then on Friday, the police and NCIS team served three different search warrants. Seim said they saw one of the suspects, 43-year-old Lisa Kamiya, driving away, so they had a patrol officer pull her over. The officers found 4.5 grams of meth, along with a couple of unidentified pills and a small amount of pot, in a pouch she had in the front of her pants, according to Seim.

Investigators were able to obtain a search warrant of Kamiya’s home based on an informant’s previous controlled buys of meth from her, Seim said. They found drug paraphernalia, scales and numerous plastic baggies at her home.

The officers arrested Kamiya on suspicion of possession of meth with intent to deliver.

“She was well known in the meth community as a dealer and a user,” Lt. Tim Sterkel with the Oak Harbor Police Department said. “It’s a substantial arrest for the community.

Next, the team turned their attention to 27-year-old Caleb Love and 25-year-old Joel Raymond. Seim said the two men, who “hang out together,” had sold both heroin and cocaine to an informant in controlled drug purchases.

On Friday, the investigators noticed Love driving away with Raymond, so they pulled them over. Seim said the officers saw a glass container with heroin in plain view in the car. Also, Love had a pouch that contained black tar heroin and a Visine bottle with liquid heroin, the detective indicated.

The police seized the 1996 Cadillac Deville and brought it to the police department to search. A stun gun and a laptop computer, possibly stolen, were found in the car, according to the police.

The detective said that the team also served a search warrant on Love’s residence and found more heroin, a loaded shotgun and a 9mm handgun. Love is a convicted felon, Seim said, and not allowed to possess firearms.

In all, the police reported they seized more than an ounce of heroin, which is worth around $800 on the street.

Both Love and Raymond were arrested on suspicion of possession of heroin with intent to deliver.

Finally, the team served a search warrant on the home of an 18-year-old man suspected of dealing pot to kids. The investigators had previously documented a confidential informant making controlled buys of pot from the suspect, Mark Delacruz, according to police.

“We received information from the high school that he was dealing to students outside the commissary on the Seaplane Base,” Seim said.

The investigators searched his home and found $640 in cash and drug paraphernalia. Seim said they arrested Delacruz on suspicion of possession of marijuana with intent to deliver based on the prior controlled buys.

Sunday, March 28, 2010

State trooper suspected of driving drunk and attempted cover-up

KOMO-TV STAFF

A veteran sergeant with the Washington State Patrol is accused of driving under the influence, then trying to get the help of a rookie trooper to cover it up.

WSP investigators said Sgt. Coy C. Clark was off duty early Saturday when he drove his car off the road in Puyallup along Canyon Road near 104th Street.

Clark, a 21-year veteran of the force, called his rookie trooper on duty.

"He called an on-duty trooper that works for him to respond, and assist him. And upon the trooper getting there, he got indications the off-duty sergeant may be possibly DUI," said Capt. Jason Berry.

Suspecting Clark was intoxicated, the young trooper called for backup.

Clark passed a breathalyzer test, but failed a field sobriety test and was placed under arrest.

The State Patrol said Clark's actions imply he wanted to cover up the fact he may have been drunk driving. The 22-year-old rookie had a tough decision to make, but ultimately decided to call in backup, officials said.

"Faced with a precarious situation of 'what do I do here with my sergeant that's called me to help?' he did the right thing reporting the potential misconduct," said Berry.

Clark has been placed on paid administrative leave. His case has been forwarded to the Pierce County Prosecutor's Office.

Monday, March 22, 2010

Investigators say drunken driver caused fatal I-5 crash

KOMO-TV

Investigators say a crash that killed a man on Interstate 5 in Everett early Monday was caused by a drunken driver.

Washington State Patrol Trooper Keith Leary said a man driving a pickup truck in the southbound lanes of the freeway drifted out of his lane about 2:30 a.m. and slammed into an empty flatbed truck that was parked on the shoulder of the highway.

The passenger in the pickup truck died at the scene, and the driver was taken to Providence Colby Hospital.

Leary said the driver was believed to be drunk at the time of the crash, and investigators found several open beer containers in the wrecked truck.

No one was inside the flatbed truck that was hit.

Troopers shut down two of the southbound lanes of I-5 at the crash scene near the Everett Mall for several hours while they collected evidence and worked to clear the vehicles.

Leary said the crash was one of 60 suspected drunken driving cases troopers dealt with over the weekend.

"This is why we're out here every single day, to get these folks out and off the road so something like this doesn't happen," he said.

The driver was expected to be booked into the Snohomish County Jail for investigation of vehicular homicide when he is released from the hospital.

The name of the man who was killed has not been released.

Federal Way police officer dies following incident with stolen vehicle

By FEDERAL WAY MIRROR

From the Federal Way Police Department:

At 1:15 a.m. March 21, Federal Way police were dispatched to a suspicious vehicle located in the 33300 Block of 26th Avenue SW in Federal Way. The vehicle was described as a dark colored Lincoln SUV with two persons sleeping in the back. The vehicle was backed up against an unoccupied residence.

Federal Way police officers responded to the area of the vehicle. Once officers were on-scene, it was determined the vehicle was reported as stolen by the King County Sheriff’s Office. As the officers approached, applied vehicle stopping devices, and initiated verbal commands, the driver of the vehicle started the engine and began to flee against the verbal commands of officers. As the vehicle left the area, it struck/rammed three Federal Way marked patrol vehicles. Two Federal Way police officers fired their weapons at the driver and the vehicle.

The vehicle was subsequently found nearby. The driver was found hiding in a carport area of a residence and was taken into custody without incident by Federal Way police officers. The suspect driver is a 17-year-old Hispanic male with an extensive criminal history and is a convicted felon. The suspect suffered a non-life threatening bullet wound to his arm and was transported to Harborview Medical Center for treatment. There is currently one suspect occupant from the stolen vehicle at large.

The two Federal Way Police Officers who discharged their weapons were not injured. They have been placed on paid administrative leave (standard procedure) pending the outcome of an investigation.

While this officer Involved shooting incident was being investigated, Federal Way police officers maintained a perimeter around the crime scene. At approximately 6:45 a.m., one of the perimeter officers was found collapsed in his patrol vehicle.

Federal Way police officers initiated CPR, which continued with the arrival of the King County Medic One unit. Officers and medics were unable to revive the officer and he was pronounced dead at approximately 7:21 a.m. Saturday. The cause of death is unknown at this time and the officer's name has not been released. An autopsy is scheduled for March 22. The officer was 35 years old and had been with the Federal Way police for four and a half years. He is survived by his wife, two children and extended family. The couple had a third child due in May.

Stay tuned for an updated report as more information becomes available.

Friday, March 12, 2010

Alleged cop killer launches into tirade in court

KOMO-TV STAFF

The man accused of murdering Seattle police officer Timothy Brenton launched a verbal barrage in court Thursday afternoon, stunning spectators and apparently even his own lawyer.

Christopher Monfort, accused of killing Brenton in cold blood on Oct. 31, lashed out against Paul Schene, the former King County deputy accused in a well-publicized November 2008 holding cell beating incident.

In his outburst, Monfort compared Schene to Adolf Hitler, and then referred to "the savage beating of Malika Calhoun," the teenage girl who was beaten in the holding cell incident.

Investigators believe that the holding cell beating, which was captured on videotape and broadcast widely across TV and the Internet, prompted Monfort's attack on Officer Brenton and his partner.

Monfort then launched into a rambling rant about the founding fathers and "the price of freedom."

Monfort's defense attorney, Julie Lawry, urged him to keep quiet.

"Don't do this, don't do this," she repeated at the start of his nearly eight-minute outburst, but her pleas fell on deaf ears.

All of this happened before the judge walked in - and before court started. Once the judge entered the courtroom, Monfort did not speak again.

Meanwhile, the accused killer's mother sat in the King County courtroom with her head in her hands.

Monfort has been charged with one count of aggravated first-degree murder in connection with Brenton's shooting death on Halloween night as he sat in his patrol car with a junior officer.

He also faces three counts of attempted first-degree murder for allegedly shooting at the junior officer on the same night, and also taking aim at two other officers on the day of his arrest.

In addition, Monfort is charged with first-degree arson in connection with the Oct. 22 firebombing of four Seattle police vehicles at a city maintenance yard.

Monfort has pleaded not guilty to all charges.

Monday, March 8, 2010

Shotgun-toting man threatens father at school bus stop

KOMO-TV STAFF

A scary scene unfolded at a school bus stop on Fox Island when a man with a gun threatened a father as he dropped off his son and then tried to run him off, the father says.

And the father, Mark Fowler, has got the photo to back him up his account of what happened.

Fowler says he was on the public easement - well outside anyone's private property - when he parked his car at the bus stop to drop off his son.

That's when he says a neighbor came out and threatened him with a shotgun.

Despite the possible danger, Fowler snapped a photo of the man with his cell phone. The photo shows the man gripping the shotgun in his right hand.

Cell phone photo shows a man approaching the Fox Island school bus stop with a shotgun. Fowler says: "I ask him what he's going to do with it. And he tells me if I don't get off his property, he's going to show me what he's going to do with it. Now, that sounds like a threat to me."

Pierce County sheriff's detectives say the man in the photo is Kevin Wray, whose house is behind the bus stop.

Fowler says if he's going to be threatened - what could Wray do to his son or to the other children who wait at the stop for the school bus to come.

"Why would anybody in their right mind bring a shotgun to a bus stop if they're not planning on trying to intimidate somebody, or plan on using it?" says Fowler.

Deputies showed up and arrested Wray, who got out on bond later that day.

KOMO News tried to contact Wray but he didn't answer his door or return phone calls.

Wray's next-door neighbor, Hank Weber, thinks things just got out of hand.

"I don't think anybody around here condones that," Weber says. "And I'm sure, if you asked Kevin right now, I'm sure he would say that was a bad mistake."

Weber says parents dropping off their kids do a lot of damage along the private road where Wray lives.

He says they use front lawns as turnarounds, which rips up the grass and damages landscaping - and Wray has spent years trying to change it.

"I think Kevin has tried in the past to be as cordial as possible, and has in a lot of instances not gotten anywhere," says Weber.

Since the shotgun incident, the school district has created alternative bus stop locations so parents who don't feel safe using the one near Wray's house have somewhere else to go.

Sunday, February 28, 2010

Marijuana petitioners clash with ACLU over legalization effort

By ANDY HOBBS
COVINGTON REPORTER

A grass-roots campaign is under way to legalize marijuana in Washington state.

Sensible Washington is the political committee behind Initiative 1068, which seeks to remove criminal penalties involving adult use, possession and cultivation of marijuana. I-1068 needs 241,153 valid voter signatures by the July 2 deadline in order to appear on November's election ballot.

Despite a well-known stance for the reform of marijuana laws, the American Civil Liberties Union (ACLU) of Washington has drawn criticism from activists for not supporting the initiative.

ACLU of Washington issued a statement regarding its stance on I-1068, citing the absence of regulatory measures.

"While a large majority of Washingtonians support reducing the penalty for adult possession of marijuana from a crime to a civil penalty, support for legalization is less solid," according to the statement. "And those who do support full legalization understand that ‘legalization’ means treating marijuana similarly to alcohol – taxing and regulating it. Passing an initiative that does not provide for any regulation would be distinctly difficult."

An ACLU of Washington spokesman deferred all comments to the statement, which said a rejection of the initiative would be a setback for "our ongoing reform movement."

Philip Dawdy, campaign director and co-author of I-1068, is disappointed in the ACLU's stance. He said a regulation mechanism in addition to the legalization proposal could have jeopardized the initiative by opening the door to a legal challenge for "single issue violation."

"They've got time and money and institutional prestige invested in legalization. We're a challenge to them in terms of the ownership of this issue," Dawdy said of the ACLU. "We didn't set it up like that."

The recently failed marijuana decriminalization bill in the state Legislature is proof that the decision should go directly to Washington voters, Dawdy said.

"People have just hit the wall with marijuana prohibition," he said. "It's time for the people to do this."

Signatures

Federal Way resident Ray Arment will lead signature-gathering efforts in Federal Way, Fife, Milton and Des Moines. So far, a handful of volunteers have joined Arment, a medical marijuana patient himself.

Four years ago, Arment injured his neck and back in a fall, eventually becoming hooked on pain medication until trying marijuana as medicine.

"I'm completely off prescription drugs," said Arment, 48. "I feel like I'm an example that it can work. It's all about responsibility and accountability."

However, his involvement with I-1068 is aimed at another form of relief: Fear of arrest.

"Of course I'm nervous. I got two kids and a house," he said.

Rally

CannaCare, a medical marijuana clinic based in Kirkland, led a press conference Feb. 24 on the Legislature steps in Olympia.

In addition to supporting I-1068, speakers at the rally called on state legislators to provide more legal protection for medical marijuana patients.

Steve Sarich, executive director of CannaCare, said legislators have outright failed to address the issue while tackling more trivial bills such as SB 6284, which recognizes "Leif Erickson Day," or SB 5192, which allows dogs in bars.

Sarich also criticized State v. Fry, the Jan. 21 State Supreme Court decision ruling regarding one patient whose marijuana supply was seized by police during a home search. The court upheld that police had probable cause to search the home after smelling marijuana, and that the patient exceeded the 60-day supply limit of 24 ounces and 15 plants.

"It's time to finally provide protection to arrest and prosecution of patients," he said. "The State v. Fry case has now proven to us we have no constitutional rights in the state of Washington."

Sarich is among local marijuana activists at odds with the ACLU, citing a lack of communication between the organization and the citizens. Patient registries, $100 tickets under a decriminalization bill and similar regulation processes are a violation of privacy that could lead to arrest and more, he said.

"That would be the ultimate shopping list," Sarich said. "Let the ACLU know that we will picket outside their offices the first time they bring it up."

Renton resident Don Skakie, a South King County coordinator for Sensible Washington, noted that I-1068 will likely need revision by lawmakers.

"We're gonna give the Legislature something to deal with that they have to deal with. They won't be able to duck us anymore," he said. "We're going to get people out of prison, we're going to get money back into the economy and we're going to put farmers in Eastern Washington to work."

One activist credits medical marijuana for saving his life. Ric Smith, a patient advocate for Green Cross and a Sensible Washington initiative co-sponsor, was dying of AIDS in the mid-1990s. Marijuana helped restore his appetite, and by eating more food, his body was able to tolerate doctor-prescribed steroids, which made his body strong enough to then tolerate medications.

"Munchies save lives," said Smith, 46, who hopes to someday see marijuana legalized and taxed. "As a taxpayer, let me pay for something I use."

Background

In 1998, Washington state voters approved a law that removed criminal penalties and established a defense for qualified patients who possess or cultivate cannabis for medicinal use.

In 2008, the "60-day" supply for patients was defined as 24 ounces and 15 plants; both numbers have attracted intense debate from medical marijuana advocates. The law allows patients to exceed these limits if the patient can prove medical need, according to the Washington State Department of Health.

Technically, the cannabis clinics are illegal. Federal law classifies marijuana as a Schedule 1 drug, in the same league as heroin. Washington's medical marijuana laws help patients with a legal defense in local or state courts. Federal laws ultimately trump state laws, however, and do not recognize the medical use of marijuana.

Learn more

• To learn more about Sensible Washington and I-1068, visit sensiblewashington.org.

• To learn more about volunteering, contact Bonnie Fond, field director for Western Washington, at bonnfong@gmail.com or (206) 718-7316.

• Other information specific to South King County is available by e-mailing sensiblesouthkingcounty@gmail.govaclu.jpgsteve.sarich.jpg

This article was originally published in the Covington Reporter on February 26, 2010.
Andy Hobbs can be reached at editor@federalwaymirror.com.

Thursday, February 25, 2010

Man sentenced in Island County’s first felony DUI case

By JESSIE STENSLAND
WHIDBEY NEWS TIMES

Island County’s first drunk driver to be charged with a felony DUI under a relatively new state law was recently sent to prison for more than four years.

Kelly Wayne Shields, a 45-year-old Oak Harbor resident, pleaded guilty in Island County Superior Court Feb. 16 to felony driving under the influence, driving while license suspended or revoked and possession of 40 grams or less of marijuana.

Judge Vickie Churchill sentenced Shields to four years and three months in prison, which was the recommendation set forth by the prosecution and defense under a plea bargain.

“Mr. Shields’ life is marked by poor decisions and a complete disregard for the safety of others,” Deputy Prosecutor Eric Ohme said. “Hopefully, this guilty plea will be the start of better decisions in the future.

Normally, driving under the influence is a misdemeanor offense, which carries a maximum penalty of a year in jail. But a 2007 state law turned a DUI into a felony offense under certain circumstances. Prosecutors can charge someone with a felony DUI if he or she has four or more prior DUI offenses or a single past conviction of an intoxication-related vehicular assault or vehicular homicide charge.

In Shields’ case, he was previously convicted of vehicular assault, though he also has a history of driving-related crimes.

In 2004, Shields rolled a car on Campbell Road and injured his passenger after drinking at a South Whidbey bar, according to court documents. The car went off the road, hit a dirt embankment and rolled onto its top. The female passenger suffered a laceration to the head and three of her fingers were crushed severely enough that they had to be amputated.

Shields’ blood-alcohol content was measured at 0.13 at two hours and 38 minutes after the crash. On June 24, 2005, Judge Churchill sentenced him to a year and two months in prison.

According to Ohme, Shields’ criminal history also included convictions for two DUIs, attempting to elude a pursuing police vehicle, reckless driving, hit and run, and possession of heroin.

In the recent incident, State Patrol Trooper Larry Provoncha saw a car weaving and breaking erratically just outside of Oak Harbor on Heller Road Jan. 29. The trooper pulled the car over and arrested Shields on suspicion of DUI. His blood-alcohol content was 0.23, which is nearly three times the legal limit of 0.08.

In addition, Shields’ license was suspended and he had a small amount of pot in his pocket.

Shields’ attorney, Darrin Hall of Coupeville, said his client quickly agreed to the plea bargain with a sentence recommendation at the bottom of the standard sentencing range.

“He understood it was an uphill battle and took the high road,” Hall said.

In prison, Shields is required to undergo an evaluation for substance abuse and comply with treatment recommendations.

This article was originally published in the Whidbey News Times on February 23, 2010.

South Whidbey activist restarts drive to decriminalize marijuana

By ROY JACOBSON
SOUTH WHIDBEY RECORD

South End activist Steve Erickson has put himself on the business end of the statewide push to decriminalize marijuana.

“Unfortunately, the Legislature has failed to act,” Erickson said on Monday.

“If the politicians don’t have the courage to act, then the people will,” he said.

Erickson said several bills that would change the law were submitted during the past Legislative session, “but none of them came up for a vote.

Erickson is the volunteer field organizer for Island County in the effort to put Initiative 1068 on the November ballot.

He has called a meeting this week to explain the measure and how to gather signatures, and to pass out petitions.

The meeting will be from 7 to 8:30 p.m. Thursday, Feb. 25, at the Freeland Library, 5495 Harbor Ave.

Erickson is working for free on behalf of Sensible Washington, the statewide group gathering signatures in support of I-1068. He said about 80 people attended a recent organizational meeting in Seattle.

“There are meetings being held all over the state,” he said.

The measure would remove state civil and criminal penalties for persons 18 years or older who “cultivate, possess, transport, sell, or use marijuana.

Restrictions and penalties for persons younger than 18 would be retained.

Erickson said he got involved because he thinks there are better things to do than to keep more than a million people in jail for possessing small amounts of marijuana.

He said he’s also opposed to law enforcement officials harassing people who have pot prescriptions, and to having farmers miss out on a profitable new crop.

I-1068 needs 241,000 valid signatures by Friday, July 2, to be placed on the November ballot.

Erickson said that means that 330,000 or more signatures probably need to be collected.

“I really think people are going to get a lot more,” he said. “This really cuts across political lines.

All the polls say its time to end this war on people,” he added.

He said when the issue was raised in California, a drive to collect

400,000 signatures wound up with 700,000.

“It’s going to happen sooner or later,” Erickson predicted. “And the later is this November.

For information about Thursday’s meeting, the petition drive or Sensible Washington, contact Erickson at Sensible.WA.Whidbey@gmail.com or call 579-2332.

This article was originally published in the South Whidbey Record on February 24, 2010.

Roy Jacobson can be reached at rjacobson@southwhidbeyrecord.com.

Sunday, February 21, 2010

11 Redmond High students arrested in drug bust

By BILL CHRISTIANSON
REDMOND REPORTER

Redmond High School is the center of attention this afternoon after Redmond Police arrested and charged 11 students for violation of the uniform controlled substance act following a seven-month undercover operation.

Starting around 8:30 this morning, police officers swept through the school and city, finding and arresting two 15-year-olds, six 16-year-olds and three 17-year-olds, according to Redmond Police spokesperson, Jim Bove. There may be more arrests as the investigation is ongoing, Bove said.

It was the biggest school drug bust since 2003, when police arrested five Redmond High students for illegal drugs, according to Bove.

During the undercover operation, officers purchased marijuana, cocaine, heroin, methamphetamine, MDMA, and a variety of prescription medications.

Redmond Police and Lake Washington School District officials along with Mayor John Marchione are calling it a "wake-up call" for the community.

"Adults are naive if they think there's not drugs in every high school," Marchione told The Reporter following a ribbon cutting ceremony at Eastside Basketball Club Friday afternoon. "The fact that we can be proactive in reaching out to kids in both rehabilitation and enforcement is important. To pretend drugs don't exist in high school perpetuates the problem. They're there and if people are shocked if they are found at Redmond High — or any high school — I think they are naive."

The most alarming part about the bust was "the variety of drugs," Bove said.

"We hope it's a wake-up call to what's going on in our society," Bove said. "We hope families use this as a learning opportunity and have conversations with their children, know who their friends are, and educate them on the negative effects of using controlled substances.

"This school is a large and positive part of our community and we share in the school’s no-tolerance mission," Bove continued. "This in no way reflects the overall student body.

The undercover operation was a collaborative effort with the Redmond High School administration and part of a well-planned undercover operation, targeting the use, possession, and distribution of illegal substances on and off campus since the beginning of the school year.

Bove said all of the charges, which includes use, possession and distribution of illegal substances, "stemmed from the students delivering the drugs to our staff." In other words, the undercover officers never sold drugs to the students, they only bought them from the students, Bove said.

Bove did confirm that the teenage suspects were processed and released this afternoon following the morning arrests. Redmond Police will forward the charging documents to the King County Prosecutor's Office, probably sometime early next week, Bove said.

"It was a collaborative effort," Bove said. "The Lake Washington School District has a zero tolerance for drugs and so do we. We are not happy this is occurring in our schools, but we hope this makes an impact of getting (drugs) out of our schools and city."

School administrators will sit down with the arrested students and their families and conduct their own investigation, according to Kathryn Reith, Lake Washington School District Communications Director. From there, they will determine the consequences — most likely a suspension of some sort, Reith said.

"There have to be consequences, but we also want to make sure the student continues their education," Reith said. "We want to help them get back on track."

Reith made clear that the arrests "are not a reflection that there is a (drug) problem at Redmond High." Instead "it is a reflection that this is an issue at all high schools," she said.

Reith cited the 2008 Washington State Healthy Use Survey, which stated that 20.4 percent 10th-graders around the state admitted to using illegal drugs in the last 30 days, while 11 percent of 10th-graders at Redmond High said they tried illegal drugs.

As for high school seniors, the state percentage was 24.6 and the Redmond percentage was 22.7, Reith said.

"I can bet you a lot of parents will be talking with their kids tonight and that's a very positive thing to happen," Reith said. "This is a wake-up call for some people."

Marchione, who has a college-age son and a daughter who attends Redmond High, said that he and his wife have been very proactive in educating their children about the dangers of illegal drugs.

"It was a problem in high school when I was kid, it doesn't surprise me that drugs are still around my kids in high school," Marchione said. "It was always a concern of mine from day one to work with my kids constantly so it's not a problem in my family."

This article was originally published in the Redmond Reporter on February 19, 2010.
Bill Christianson can be reached at editor@redmond-reporter.com.

Six arrested in Mill Creek prostitution stin

KOMO-TV STAFF

MILL CREEK -- The quiet Snohomish County town of Mill Creek was the unlikely location for an undercover prostitution sting operation that resulted in six arrests on Friday.

Five women were arrested on suspicion of soliciting prostitution and one man also was arrested on suspicion of promoting prostitution, police said. One woman also was busted for possession of marijuana.

Mill Creek police spokeswoman Sgt. Kate Hamilton said she is not surprised to find prostitution happening in the quiet, mostly upscale town of gated communities.

"It goes on everywhere. I think it's one of those adult activities that can happen anywhere," she said. "No, I am not surprised. I think it's something that maybe the citizens aren't aware of - but it's just something that's going on, probably, like an underbelly - it happens everywhere."

During the sting, police officers responded to advertisements posted in the "adult service" category on the Craigslist web site, and arranged for a meeting at an apartment in Mill Creek.

Undercover officers posed as "Johns" at the apartment and greeted the unsuspecting women when they arrived.

After the women offered the officers sexual services in exchange for cash, other officers entered the apartment and arrested the suspects.

All of the women were interviewed to determine their level of involvement in prostitution and investigated for the possibility of underage exploitation. All were adults over 18 and were booked in to the Snohomish County Jail.

"The ladies were told this is not a safe thing to do, and requested not to return to Mill Creek again," Hamilton said.

The sting was part of a special operations plan dubbed "Operation Dial-up," created after a regional sting uncovered underage girls being exploited for prostitution.

Teacher arrested on suspicion of having sex with student

By AUBURN REPORTER

Auburn police arrested a teacher at Auburn Adventist Academy Tuesday on suspicion of having sex with a female teenage student, KOMO News 4 reported Saturday.

Police Spokesman Sgt. David Colglazier told KOMO that Scott A. Spies, 49, was subsequently booked into the Norm Maleng Regional Justice Center in Kent,

Spies is being held on $150,000 bail for investigation of molestation, indecent liberties and sex with a minor.

Spies has been fired and school officials are helping the girl and providing counselors for other students.

Sgt. Colglazier told KOMO the relationship appears to have started in February 2009, when the girl, now 16, was 15. He said it became sexual last fall after she returned from a visit to Thailand.

The two had intercourse about 15 times - usually at the teacher's Auburn apartment - Colglazier told KOMO.

The sexual relationship continued until about two weeks ago, Colglazier told KOMO.

When administrators began to hear the rumors that Spies was taking the girl back to his apartment in Auburn they started an investigation.

Spies, who graduated from the school in 1979, has a master's degree in theology.

This article was originally published in the Auburn Reporter on February 20, 2010.

Thursday, February 18, 2010

Man attacked by machete-wielding thieves

By MARLEE GINTER
KOMO-TV STAFF

Police are trying to track down four machete-wielding thieves who robbed a man in broad daylight near a school.

The incident took place at approximately 6:30 p.m. Saturday near Mountlake Terrace High School.

Police say the thieves hid in the bushes along 44th Ave. W., then attacked the man while he was walking home from a store. One of the attackers was armed with a machete, investigators said.

"I don't know if it's a convenience sake of having a weapon, or if it's an intimidation factor because it is large," said Det. Sgt. Doug Hansen. "Sometimes it's used as an intimidation factor. Anytime a weapon is used, we have grave concern."

The men ordered the victim to empty his pockets. When he failed to comply, they got rough, police said.

"Punched him in the jaw, in the head. He fell, phone came out of his pocket. They grabbed his phone and kept on running. He had to walk some distance to his home before he could call us," said Hansen.

Area residents were shaken by the attack on a high-traffic road that many joggers, walkers and bicyclists frequent.

"We run through here on our lunch time, and it seems pretty safe here. And we see other people running, too. It kind of surprises me," said jogger Michael Hequibal.

School officials at the high school say they haven't had any problems, but police advise caution in the area.

Someone later found the victim's cell phone and turned it in to police.

Anyone with information on the Saturday robbery is urged to contact police immediately.

The incident took place at approximately 6:30 p.m. Saturday near Mountlake Terrace High School.

Police say the thieves hid in the bushes along 44th Ave. W., then attacked the man while he was walking home from a store. One of the attackers was armed with a machete, investigators said.

"I don't know if it's a convenience sake of having a weapon, or if it's an intimidation factor because it is large," said Det. Sgt. Doug Hansen. "Sometimes it's used as an intimidation factor. Anytime a weapon is used, we have grave concern."

The men ordered the victim to empty his pockets. When he failed to comply, they got rough, police said.

"Punched him in the jaw, in the head. He fell, phone came out of his pocket. They grabbed his phone and kept on running. He had to walk some distance to his home before he could call us," said Hansen.

Area residents were shaken by the attack on a high-traffic road that many joggers, walkers and bicyclists frequent.

"We run through here on our lunch time, and it seems pretty safe here. And we see other people running, too. It kind of surprises me," said jogger Michael Hequibal.

School officials at the high school say they haven't had any problems, but police advise caution in the area.

Someone later found the victim's cell phone and turned it in to police.

Anyone with information on the Saturday robbery is urged to contact police immediately.

Thursday, February 11, 2010

Renton man pleads guilty in connection to drug cartel

By CELESTE GRACEY
RENTON REPORTER

A Renton man pleaded guilty to his connection to the notorious drug cartel "La Familia" Feb. 4.

Arturo Barajas Garcia, 32, acknowledged that he managed the local distribution of methamphetamine and cocaine, according to U.S. District Court documents.

His Oct. 21 arrest was a part of a massive nationwide crackdown on the cartel.

Police found about 200 grams of methamphetamine and a .45-caliber gun at Garcia's residence in Benson Hill on the 15800 block of 118th Avenue Southeast.

He acquired the drugs "for the purpose of reselling the narcotics to others in the community," according to the documents.

Garcia is expected to receive 13 to 17 years in prison.

As a part of his agreement, he also forfeited about $230,000 cash, seven guns, a 2008 Chevy Silverado and a house in Monroe, according to the documents.

The documents describe a court-authorized phone tap, where Garcia arranged a deal for six pounds of methamphetamine.

Sending a co-conspirator to northern California, he paid $47,000 for the drugs.

During the Oct. 21 arrests, police found about 950 grams of methamphetamine in the same 2000 Honda Accord used to transport the drugs from California.

Garcia has been charged with conspiracy to distribute and money laundering.

His sentencing is scheduled for May 7. He's currently in police custody.

This article was originally published in the Renton Reporter on February 8, 2010.

Wednesday, February 3, 2010

Bellevue parents plead not guilty to starving infant

By BELLEVUE REPORTER

The young Bellevue parents accused of starving their baby to keep the girl from getting fat pleaded not guilty to criminal mistreatment.

Sam Labberton, 24, and Brittainy Labberton, 21, were arraigned Monday in King County Superior Court.

A judge reportedly ordered the couple not to contact the infant and their other daughter, 2 years old, except for supervised visits.

The younger daughter was hospitalized in October for failure to gain sufficient weight, and charging papers allege that the couple admitted to ignoring a pediatrician's advice to feed the child more.

Brittainy described the baby to investigators as "the exorcist," saying she was a fussy eater and often threw up her food, according to prosecutors.

Doctors determined there were no medical factors for the infant's gaunt condition after she ate readily and gained weight at the hospital.

Brittainy and Samuel both told investigators that they thought the baby was getting fat after the girl started gaining weight under foster care, according to charging papers.

Child protective services eventually took the couple's 2-year-old and placed her in foster care after Brittainy talked about killing herself and the child, according to charging documents.

This article was originally published in the Bellevue Reporter on February 2, 2010.