By Natalie Singer
Seattle Times staff reporter
A 31-year-old Seattle man was sentenced to 20 years in prison this morning for the 1994 slaying of Seattle police Officer Antonio Terry. Quentin Ervin was serving time for a second-degree-murder conviction in Terry's slaying when the case was refiled as aggravated first-degree murder and attempted first-degree murder after King County prosecutors last year were given a green light to pursue the more serious charges by a state Supreme Court decision.
Ervin last week pleaded guilty to the first-degree-murder charge, and in exchange prosecutors reduced the charge from aggravated murder and dropped an attempted-murder charge.
Senior Deputy Prosecutor Scott O'Toole said his office would seek a 20-year sentence.
On June 4, 1994, Terry stopped to help Ervin and his friend Eric Smiley, whose vehicle had broken down on an Interstate 5 offramp. Terry was in plainclothes when he was fatally shot with a bullet prosecutors said came from a gun fired either by Ervin or Smiley.
"To this day we don't know who fired the fatal shot," O'Toole said after Ervin pleaded guilty.
Smiley was convicted of first-degree murder in 1997 and was sentenced to 33 years in prison.
Ervin originally faced three separate charges: aggravated first-degree murder, attempted first-degree murder and second-degree felony murder — based on the commission of an assault during the crime.
A jury was required to deliberate each charge individually. According to the jurors' instructions, if they couldn't agree or found Ervin not guilty on one charge, they were to move on to the next, less serious charge. If they reached a guilty verdict for any charge, they were to stop.
Unable to come to a verdict on aggravated first-degree murder and then on the attempted first-degree-murder charge after five weeks of deliberation, jurors convicted Ervin in 1996 of second-degree felony murder.
But in 2002, a Supreme Court ruling known as the Andress decision nullified Ervin's conviction by throwing out the law that covered the felony-murder crime. In Andress, the justices said that an assault leading to an unintended death cannot be a murder but instead must be prosecuted as manslaughter.
The state decided to retry him on the first two charges — aggravated first-degree and attempted first-degree murder.
Information from Seattle Times archives is included in this report
Experienced legal counsel to cannabis businesses, entrepreneurs, and patients.
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Tuesday, May 27, 2008
Saturday, May 24, 2008
Two shot at Folklife Festival
By HECTOR CASTRO
P-I REPORTER
Seattle police are investigating a shooting that happened early Saturday evening at the Seattle Center during Northwest Folklife Festival activities.
Police reported that around 6:40 p.m. a man and woman were shot near the center's fountain, though neither person suffered life-threatening injuries.
A suspected gunman was taken into custody and a firearm recovered, police reported.
P-I REPORTER
Seattle police are investigating a shooting that happened early Saturday evening at the Seattle Center during Northwest Folklife Festival activities.
Police reported that around 6:40 p.m. a man and woman were shot near the center's fountain, though neither person suffered life-threatening injuries.
A suspected gunman was taken into custody and a firearm recovered, police reported.
Friday, May 23, 2008
Penalty urged for lewd e-mails at jail
By Nancy Bartley
Seattle Times staff reporter
Five King County corrections officers are facing three-day suspensions for passing sexually explicit videos, cartoons and photos through the county e-mail.
It's the latest in a string of sexual-misconduct offenses and medical complaints that have plagued the jail over the past few years. Jail Superintendent Reed Holtgeerts recommended the suspension for the officers, who have not been named. But before it goes into effect, they have the right to present evidence that might explain their actions.
The e-mails were found in September and a decision to discipline the employees was reached in November. The officers all work at the downtown Seattle jail, said jail spokesman Maj. William Hayes.
The jail issued a statement on the incident only on Wednesday. Hayes said it took the department time to complete its investigation.
A U.S. Department of Justice report released in November criticized the jail for not controlling infectious diseases and for exposing inmates to sexual assaults. The jail has a no-tolerance policy for sexual misconduct, said Hayes.
The jail administration did not agree with the findings of the Justice Department's report, which threatened the county with a lawsuit if the jail's problems were not corrected. At least two inmates died from inadequate medical care and there were three jail suicides in the past three years that were likely preventable, the report noted.
Since then, a former inmate, Matthew Wisecarver, has filed a federal lawsuit alleging jail conditions were so unsanitary he contracted MRSA, an antibiotic-resistant infection. One inmate died of an infection in 2004. In 2003, the number of infections at the jail increased from 291 to 623.
Four King County corrections officers have been convicted of sexual misconduct and related charges over the past several years.
Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com
Seattle Times staff reporter
Five King County corrections officers are facing three-day suspensions for passing sexually explicit videos, cartoons and photos through the county e-mail.
It's the latest in a string of sexual-misconduct offenses and medical complaints that have plagued the jail over the past few years. Jail Superintendent Reed Holtgeerts recommended the suspension for the officers, who have not been named. But before it goes into effect, they have the right to present evidence that might explain their actions.
The e-mails were found in September and a decision to discipline the employees was reached in November. The officers all work at the downtown Seattle jail, said jail spokesman Maj. William Hayes.
The jail issued a statement on the incident only on Wednesday. Hayes said it took the department time to complete its investigation.
A U.S. Department of Justice report released in November criticized the jail for not controlling infectious diseases and for exposing inmates to sexual assaults. The jail has a no-tolerance policy for sexual misconduct, said Hayes.
The jail administration did not agree with the findings of the Justice Department's report, which threatened the county with a lawsuit if the jail's problems were not corrected. At least two inmates died from inadequate medical care and there were three jail suicides in the past three years that were likely preventable, the report noted.
Since then, a former inmate, Matthew Wisecarver, has filed a federal lawsuit alleging jail conditions were so unsanitary he contracted MRSA, an antibiotic-resistant infection. One inmate died of an infection in 2004. In 2003, the number of infections at the jail increased from 291 to 623.
Four King County corrections officers have been convicted of sexual misconduct and related charges over the past several years.
Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com
Wednesday, May 21, 2008
Man arrested after assault, car theft and South Everett chase
By Jennifer Sullivan
Seattle Times staff reporter
Snohomish County sheriff's deputies arrested a man this morning for reportedly attacking two people, stealing a woman's BMW and leading officers on a pursuit through South Everett.
Shortly after 7 a.m., deputies were dispatched to an assisted-living center in the 11300 block of Third Place West after a report of a man walking into the facility and hitting an employee in the face, said sheriff's spokeswoman Rebecca Hover.
The suspect left the center and went to a parking lot across the street and asked a woman to help jump-start his car. The man then pushed the woman out of the way, grabbed her keys and drove off in her BMW, Hover said.
Deputies chased the man to a dead-end street, where he jumped out of the car and ran, Hover said. Deputies set up a containment scene and brought in tracking dogs.
Around 9:30 a.m., a woman in the 9600 block of Lowell-Larimer Road, close to the containment scene, called 911 to report a strange man on her property. The carjacking and assault suspect was booked into the Snohomish County Jail on a variety of charges, Hover said.
Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
Seattle Times staff reporter
Snohomish County sheriff's deputies arrested a man this morning for reportedly attacking two people, stealing a woman's BMW and leading officers on a pursuit through South Everett.
Shortly after 7 a.m., deputies were dispatched to an assisted-living center in the 11300 block of Third Place West after a report of a man walking into the facility and hitting an employee in the face, said sheriff's spokeswoman Rebecca Hover.
The suspect left the center and went to a parking lot across the street and asked a woman to help jump-start his car. The man then pushed the woman out of the way, grabbed her keys and drove off in her BMW, Hover said.
Deputies chased the man to a dead-end street, where he jumped out of the car and ran, Hover said. Deputies set up a containment scene and brought in tracking dogs.
Around 9:30 a.m., a woman in the 9600 block of Lowell-Larimer Road, close to the containment scene, called 911 to report a strange man on her property. The carjacking and assault suspect was booked into the Snohomish County Jail on a variety of charges, Hover said.
Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
Tuesday, May 20, 2008
Latest "groper" attack provides more clues
By Jennifer Sullivan
Seattle Times staff reporter
For two years, Seattle police have been a few steps behind a man they say has attacked nearly two dozen women in Beacon Hill and Rainier Valley.
But after an attack on Saturday morning in the 7500 block of Renton Avenue South, police say they might have a better line on the man they call "the groper." South Precinct Capt. Les Liggins said witnesses to the recent attack have provided sexual-assault-unit detectives with better descriptions of the assailant and the vehicle he was seen driving.
"We're very much on this," Liggins said Monday.
Witnesses to the attack around 10 a.m. Saturday told police they saw a man grope an Asian or Asian-American woman who was walking with a toddler. The woman screamed.
A witness tried to take photos of the man's car and license plate with a cellphone camera, but the suspect knocked the witness down and stole the phone, police said.
The man is described as black, about 5-foot-10, with light-colored shaving bumps on the left side of his face. Earlier descriptions were even more sketchy, and no one had previously provided a vehicle description.
Witnesses said the woman ran north with the child after she was attacked. Police have not yet spoken with her and hope that she comes forward.
Seattle police Lt. James Koutsky said this was the 23rd attack on girls and women in the area since August 2006. None of the victims, who range from teenagers to 52, has been raped or critically injured in the attacks. Most were Asian or Asian American.
Police said the man normally runs off after his victims have screamed for help. Many of the attacks have occurred at bus stops.
Police said this is the first time the man has attacked since March, and the sixth time since January. In January, the suspect grabbed and chased two girls ages 13 and 14.
The attacks have generated fear in several South Seattle neighborhoods. The Chinese Information and Service Center in Seattle has warned women about the attacks and even offered lessons on self-defense tactics. In March, when the center offered a community meeting about the attacks, more than 100 people attended.
Police are asking that anyone with information about the suspect or the most recent attack call the department's sexual-assault unit at 206-684-5575.
Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
Seattle Times staff reporter
For two years, Seattle police have been a few steps behind a man they say has attacked nearly two dozen women in Beacon Hill and Rainier Valley.
But after an attack on Saturday morning in the 7500 block of Renton Avenue South, police say they might have a better line on the man they call "the groper." South Precinct Capt. Les Liggins said witnesses to the recent attack have provided sexual-assault-unit detectives with better descriptions of the assailant and the vehicle he was seen driving.
"We're very much on this," Liggins said Monday.
Witnesses to the attack around 10 a.m. Saturday told police they saw a man grope an Asian or Asian-American woman who was walking with a toddler. The woman screamed.
A witness tried to take photos of the man's car and license plate with a cellphone camera, but the suspect knocked the witness down and stole the phone, police said.
The man is described as black, about 5-foot-10, with light-colored shaving bumps on the left side of his face. Earlier descriptions were even more sketchy, and no one had previously provided a vehicle description.
Witnesses said the woman ran north with the child after she was attacked. Police have not yet spoken with her and hope that she comes forward.
Seattle police Lt. James Koutsky said this was the 23rd attack on girls and women in the area since August 2006. None of the victims, who range from teenagers to 52, has been raped or critically injured in the attacks. Most were Asian or Asian American.
Police said the man normally runs off after his victims have screamed for help. Many of the attacks have occurred at bus stops.
Police said this is the first time the man has attacked since March, and the sixth time since January. In January, the suspect grabbed and chased two girls ages 13 and 14.
The attacks have generated fear in several South Seattle neighborhoods. The Chinese Information and Service Center in Seattle has warned women about the attacks and even offered lessons on self-defense tactics. In March, when the center offered a community meeting about the attacks, more than 100 people attended.
Police are asking that anyone with information about the suspect or the most recent attack call the department's sexual-assault unit at 206-684-5575.
Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
Monday, May 19, 2008
Sunday, May 18, 2008
Monday, May 12, 2008
Two stabbed in Central District
By AMY ROLPH
P-I REPORTER
The Seattle Police Department is investigating a double stabbing that happened in Seattle's Central District neighborhood early Sunday morning.
A call came into police about 4:20 a.m. from an apartment tenant who found a woman in bleeding from stab wounds in the doorway of his residence in the 100 block of Eighth Avenue, police spokesman Mark Jamieson said. Around that same time, someone else reported finding a man bleeding from knife wounds near the intersection of Broadway and Yesler Way.
Both of the victims were transported to nearby Harborview Medical Center with what appeared to police to be life-threatening injuries. Homicide investigators have been dispatched, Jamieson said.
"It is believed that these two incidents are connected, and it is domestic violence in nature," he said.
Police believe it's likely that the couple knows each other.
P-I REPORTER
The Seattle Police Department is investigating a double stabbing that happened in Seattle's Central District neighborhood early Sunday morning.
A call came into police about 4:20 a.m. from an apartment tenant who found a woman in bleeding from stab wounds in the doorway of his residence in the 100 block of Eighth Avenue, police spokesman Mark Jamieson said. Around that same time, someone else reported finding a man bleeding from knife wounds near the intersection of Broadway and Yesler Way.
Both of the victims were transported to nearby Harborview Medical Center with what appeared to police to be life-threatening injuries. Homicide investigators have been dispatched, Jamieson said.
"It is believed that these two incidents are connected, and it is domestic violence in nature," he said.
Police believe it's likely that the couple knows each other.
Saturday, May 10, 2008
Washington State Case Law Update
Supreme Court
State v. Becklin: The court held that a trial court's response in the affirmative to a jury question regarding whether stalking could be accomplished through directing a third party to harass the victim was an accurate statement of the law, and that it was not improper for the judge to issue the answer after jury deliberations had begun, given that both parties had argued the issue to the jury. A copy of the decision may be viewed at: State v. Becklin
State v. Gatewood: The court held that officers did not have specific articulable facts indicating criminal activity observing that the defendant looked surprised as the officers passed the bus stop where he was sitting, turned his body to the right as if to hide something and then, after they had circled back to follow the defendant, observed him walking away from their patrol car. The court found that the officers conducted an impermissible speculative criminal investigation when they subsequently performed a nonconsensual seizure of the defendant, and suppressed all evidence after the stop. A copy of the decision may be viewed at: State v. Gatewood
State v. Weyrich: The Court allowed vacation of a guilty plea when the defendant had not been informed of the possible statutory maximum sentence under the plea, holding that the statutory maximum sentence was a direct consequence of the plea. A copy of the decision may be viewed at: State v. Weyrich
Division One Court of Appeals
State v. Reeves: The Court held that a notebook of photographs depicting minors in sexually explicit conduct in violation of RCW 9.68A.070 did not count as a single unit of prosecution, rather, the court adhered to prior holdings finding that the crime was a unit of prosecution for each photograph, and that prosecuting in such a manner was not a violation of double jeopardy. A copy of the decision may be found at: State v. Reeves
Division Two Court of Appeals
State v. Jones: The defendant's conviction was reversed by the Court, which found that the prosecutor had committed prejudicial misconduct denying the defendant a fair trial by improperly bolstering the credibility of the informant and the arresting officer during closing argument, improperly cross-examining the arresting officer regarding why the informant did not testify, and asserting in closing argument that the informant did not testify because he was afraid of the defendant. A copy of the decision may be viewed at: State v. Jones
Division Three Court of Appeals
State v. Bashaw: Defendant's conviction for selling methamphetamine within 1,000 feet of a school bus stop was upheld by the Court, which found that use of a measuring wheel was appropriate to determine the distance of the sale from the bus stop, and that the jury instruction properly required jury unanimity to impose the sentencing enhancement. A copy of the decision may be viewed at: State v. Bashaw
State v. Montes-Malindas: The Court held that the arresting officers conducted a pretextual stop when they stoped a van for driving without its headlights illuminated, despite the fact that the van had turned its headlights on prior to the stop, based on earlier observations of suspicious behavior of the van's occupants in a parking lot. A copy of the decision may be viewed at: State v. Montes-Malindas
State v. Becklin: The court held that a trial court's response in the affirmative to a jury question regarding whether stalking could be accomplished through directing a third party to harass the victim was an accurate statement of the law, and that it was not improper for the judge to issue the answer after jury deliberations had begun, given that both parties had argued the issue to the jury. A copy of the decision may be viewed at: State v. Becklin
State v. Gatewood: The court held that officers did not have specific articulable facts indicating criminal activity observing that the defendant looked surprised as the officers passed the bus stop where he was sitting, turned his body to the right as if to hide something and then, after they had circled back to follow the defendant, observed him walking away from their patrol car. The court found that the officers conducted an impermissible speculative criminal investigation when they subsequently performed a nonconsensual seizure of the defendant, and suppressed all evidence after the stop. A copy of the decision may be viewed at: State v. Gatewood
State v. Weyrich: The Court allowed vacation of a guilty plea when the defendant had not been informed of the possible statutory maximum sentence under the plea, holding that the statutory maximum sentence was a direct consequence of the plea. A copy of the decision may be viewed at: State v. Weyrich
Division One Court of Appeals
State v. Reeves: The Court held that a notebook of photographs depicting minors in sexually explicit conduct in violation of RCW 9.68A.070 did not count as a single unit of prosecution, rather, the court adhered to prior holdings finding that the crime was a unit of prosecution for each photograph, and that prosecuting in such a manner was not a violation of double jeopardy. A copy of the decision may be found at: State v. Reeves
Division Two Court of Appeals
State v. Jones: The defendant's conviction was reversed by the Court, which found that the prosecutor had committed prejudicial misconduct denying the defendant a fair trial by improperly bolstering the credibility of the informant and the arresting officer during closing argument, improperly cross-examining the arresting officer regarding why the informant did not testify, and asserting in closing argument that the informant did not testify because he was afraid of the defendant. A copy of the decision may be viewed at: State v. Jones
Division Three Court of Appeals
State v. Bashaw: Defendant's conviction for selling methamphetamine within 1,000 feet of a school bus stop was upheld by the Court, which found that use of a measuring wheel was appropriate to determine the distance of the sale from the bus stop, and that the jury instruction properly required jury unanimity to impose the sentencing enhancement. A copy of the decision may be viewed at: State v. Bashaw
State v. Montes-Malindas: The Court held that the arresting officers conducted a pretextual stop when they stoped a van for driving without its headlights illuminated, despite the fact that the van had turned its headlights on prior to the stop, based on earlier observations of suspicious behavior of the van's occupants in a parking lot. A copy of the decision may be viewed at: State v. Montes-Malindas
Wednesday, May 7, 2008
Monday, May 5, 2008
Saturday, May 3, 2008
Man charged with hate crime in taxi driver beating
P-I STAFF
A Renton man accused of using a racial slur while beating up a cab driver and stealing his wallet was charged Friday with first-degree robbery and malicious harassment, a hate crime.
Police say Tejinder S. Dhaliwal, 31, attacked driver Elias Ussuf on April 29 in Tukwila, beating the man so badly he was left unconscious.
Dhaliwal began yelling and swearing, using a derogatory racial term, when Ussuf told Dhaliwal he could not smoke in his cab, according to court documents.
Both men ended up outside the car, where police say Dhaliwal attacked Ussuf, punching him, pounding his face into the pavement, then stole his wallet.
King County prosecutors said Ussuf showed signs of a serious head injury.
Dhaliwal is set to answer to the charges Monday at the Maleng Regional Justice Center in Kent.
A Renton man accused of using a racial slur while beating up a cab driver and stealing his wallet was charged Friday with first-degree robbery and malicious harassment, a hate crime.
Police say Tejinder S. Dhaliwal, 31, attacked driver Elias Ussuf on April 29 in Tukwila, beating the man so badly he was left unconscious.
Dhaliwal began yelling and swearing, using a derogatory racial term, when Ussuf told Dhaliwal he could not smoke in his cab, according to court documents.
Both men ended up outside the car, where police say Dhaliwal attacked Ussuf, punching him, pounding his face into the pavement, then stole his wallet.
King County prosecutors said Ussuf showed signs of a serious head injury.
Dhaliwal is set to answer to the charges Monday at the Maleng Regional Justice Center in Kent.
Alcohol and speed blamed in fatal Eastside crash, police say
By Seattle Times staff
Alcohol and speed were to blame in the crash that killed a 30-year-old Kirkland man early Friday who lost control of his car on Avondale Road Northeast, struck several trees and landed on the side of the road, police said.
Investigators determined the man was driving more than 100 mph and not wearing a seat belt, police said.
The man was traveling south on Avondale Road in the Redmond area shortly before 3 a.m. when residents heard a crash and called 911, police said.
Police Department spokesman Jim Bove said the white Cadillac came to rest on the east side of Avondale Road along Bear Creek, facing the northbound lanes, after it had sheared off several trees and was ripped into sections by the impact of the crash.
The car left a lengthy trail of skid marks before leaving the roadway, Bove said.
"Basically, it did a 360," he said.
A baby seat was found in the back seat of the Cadillac, and investigators were concerned someone might have been ejected from the vehicle, said Bove, but a search was done and no other occupants were found.
Avondale Road has a 40-mph speed limit and was closed for more than seven hours while the investigation was conducted.
Alcohol and speed were to blame in the crash that killed a 30-year-old Kirkland man early Friday who lost control of his car on Avondale Road Northeast, struck several trees and landed on the side of the road, police said.
Investigators determined the man was driving more than 100 mph and not wearing a seat belt, police said.
The man was traveling south on Avondale Road in the Redmond area shortly before 3 a.m. when residents heard a crash and called 911, police said.
Police Department spokesman Jim Bove said the white Cadillac came to rest on the east side of Avondale Road along Bear Creek, facing the northbound lanes, after it had sheared off several trees and was ripped into sections by the impact of the crash.
The car left a lengthy trail of skid marks before leaving the roadway, Bove said.
"Basically, it did a 360," he said.
A baby seat was found in the back seat of the Cadillac, and investigators were concerned someone might have been ejected from the vehicle, said Bove, but a search was done and no other occupants were found.
Avondale Road has a 40-mph speed limit and was closed for more than seven hours while the investigation was conducted.
Judge orders competency evaluation in Carnation slayings
By Mike Carter
Seattle Times Staff Reporter
A King County judge has ordered that Michele Anderson, the 29-year-old Carnation woman accused of killing six members of her family on Christmas Eve, undergo a competency evaluation.
Anderson's defense had asked for the evaluation in a sealed motion, and had sought to close the courtroom so they could argue their case. However, Superior Court Judge Jeffrey Ramsdell said Friday he would not close the courtroom, and that there would be no need anyway because he was granting the request without hearing arguments.
Anderson will be seen by two psychiatrists — one appointed by the defense, the other by prosecutors — while being held in the King County Jail.
Ramsdell said little that shed light on the behavior Anderson's defense has witnessed that has led them to think she may not be competent to stand trial. He said only that her attorneys had filed attorney-client materials under seal that "contain substantive support for the motion ... they have a reason to doubt the defendant's competency."
During Friday's hearing, Anderson attempted to pass a letter written on a sheet of yellow paper to the judge, but Ramsdell said he didn't want to look at it and returned it to her by the court clerk.
The judge explained that he was concerned the letter might contain some information that he would be required to act on — perhaps even pass on to prosecutors — and that he would rather allow the competency evaluation to take place first.
A lawyer for The Seattle Times had filed a motion Thursday opposing closure of the courtroom to the public, saying the defense hasn't publicly provided any compelling reasons to do so.
Anderson's lawyers are trying to persuade King County Prosecutor Dan Satterberg not to seek the death penalty against the woman, saying mental-health problems should make her ineligible for execution.
Anderson and her boyfriend, Joseph McEnroe, are each charged with six counts of aggravated murder in connection with the fatal shootings of Anderson's parents, Wayne, 60, and Judith Anderson, 61; her brother, Scott, and his wife, Erica, both 32; and the couple's two children, Olivia, 5, and Nathan, 3, inside the elder Andersons' Carnation home.
Mike Carter: 206-464-3706 or mcarter@seattletimes.com
Seattle Times Staff Reporter
A King County judge has ordered that Michele Anderson, the 29-year-old Carnation woman accused of killing six members of her family on Christmas Eve, undergo a competency evaluation.
Anderson's defense had asked for the evaluation in a sealed motion, and had sought to close the courtroom so they could argue their case. However, Superior Court Judge Jeffrey Ramsdell said Friday he would not close the courtroom, and that there would be no need anyway because he was granting the request without hearing arguments.
Anderson will be seen by two psychiatrists — one appointed by the defense, the other by prosecutors — while being held in the King County Jail.
Ramsdell said little that shed light on the behavior Anderson's defense has witnessed that has led them to think she may not be competent to stand trial. He said only that her attorneys had filed attorney-client materials under seal that "contain substantive support for the motion ... they have a reason to doubt the defendant's competency."
During Friday's hearing, Anderson attempted to pass a letter written on a sheet of yellow paper to the judge, but Ramsdell said he didn't want to look at it and returned it to her by the court clerk.
The judge explained that he was concerned the letter might contain some information that he would be required to act on — perhaps even pass on to prosecutors — and that he would rather allow the competency evaluation to take place first.
A lawyer for The Seattle Times had filed a motion Thursday opposing closure of the courtroom to the public, saying the defense hasn't publicly provided any compelling reasons to do so.
Anderson's lawyers are trying to persuade King County Prosecutor Dan Satterberg not to seek the death penalty against the woman, saying mental-health problems should make her ineligible for execution.
Anderson and her boyfriend, Joseph McEnroe, are each charged with six counts of aggravated murder in connection with the fatal shootings of Anderson's parents, Wayne, 60, and Judith Anderson, 61; her brother, Scott, and his wife, Erica, both 32; and the couple's two children, Olivia, 5, and Nathan, 3, inside the elder Andersons' Carnation home.
Mike Carter: 206-464-3706 or mcarter@seattletimes.com
Tuesday, April 29, 2008
Medical marijuana knocks Seattle musician off transplant list
By LORI MATSUKAWA / KING 5 News
SEATTLE – A Seattle rock musician is dying after being denied a liver transplant by the University of Washington Medical Center partly because of his use of medical marijuana.
Timothy Garon is dying of liver failure after living with Hepatitis C for decades. The medical marijuana he uses is prescribed by his doctor. However, marijuana use is considered an addictive behavior and a reason to deny a transplant.
Garon's doctor says he didn't know the prescription would affect Garon's eligibility.
"I thought it was very unfair they have these guidelines," said Garon.
Garon's son says if the UW Medical Center transplant committee had told him early on that his father needed to go through a treatment program and stay off pot for 60 days, they might have been able to pull it off, but by the time they found out, Garon was off the list. His condition had deteriorated.
"If they had started things early on six months prior to that, because he went downhill really fast, he may have had a chance," said Lennon Garon, Timothy's son. At least he would've had a chance to get on the list, he would have had a chance to get a new liver and live.
"He's not the first person that this happened to. He's not going to be the last person until these policies are changed."
While unable to comment specifically on Garon's case, the UW Medical Center said in a statement that medical marijuana is never the sole reason for rejecting a patient.
"The committee looks at the period of abstinence the candidate has demonstrated to date, efforts made to maintain this abstinence and the potential to abuse again," writes a medical center spokesperson.
With so few organs available, the UW Medical Center says patients selected are ultimately those with a reasonable chance of survival and a good outcome. In a given year, there are approximately 98,000 patients waiting for organs in the U.S. and only 6,000 donors.
Garon is the lead singer for Nearly Dan, a Steely Dan cover-band. He remains charged with manufacturing marijuana for his arrest in December at a rental home in Mountlake Terrace.
SEATTLE – A Seattle rock musician is dying after being denied a liver transplant by the University of Washington Medical Center partly because of his use of medical marijuana.
Timothy Garon is dying of liver failure after living with Hepatitis C for decades. The medical marijuana he uses is prescribed by his doctor. However, marijuana use is considered an addictive behavior and a reason to deny a transplant.
Garon's doctor says he didn't know the prescription would affect Garon's eligibility.
"I thought it was very unfair they have these guidelines," said Garon.
Garon's son says if the UW Medical Center transplant committee had told him early on that his father needed to go through a treatment program and stay off pot for 60 days, they might have been able to pull it off, but by the time they found out, Garon was off the list. His condition had deteriorated.
"If they had started things early on six months prior to that, because he went downhill really fast, he may have had a chance," said Lennon Garon, Timothy's son. At least he would've had a chance to get on the list, he would have had a chance to get a new liver and live.
"He's not the first person that this happened to. He's not going to be the last person until these policies are changed."
While unable to comment specifically on Garon's case, the UW Medical Center said in a statement that medical marijuana is never the sole reason for rejecting a patient.
"The committee looks at the period of abstinence the candidate has demonstrated to date, efforts made to maintain this abstinence and the potential to abuse again," writes a medical center spokesperson.
With so few organs available, the UW Medical Center says patients selected are ultimately those with a reasonable chance of survival and a good outcome. In a given year, there are approximately 98,000 patients waiting for organs in the U.S. and only 6,000 donors.
Garon is the lead singer for Nearly Dan, a Steely Dan cover-band. He remains charged with manufacturing marijuana for his arrest in December at a rental home in Mountlake Terrace.
Man, 21, charged in shooting after book-release party
By Seattle Times staff
King County prosecutors filed charges today against a 21-year-old Federal Way man in connection with a fatal shooting after a book-release party last month.
Lovelychild Manuel is accused of killing DeVon Guidry, 24, of Renton, after an April 13 party celebrating the release of a book about the rise of hip-hop star Dr. Dre. The King County Medical Examiner's Office said Guidry, who was among nearly 300 people who attended the event, was shot once in the head and once in the chest.
Manuel was arrested April 16 after tipsters contacted authorities to tell police his whereabouts, according to court charging papers. Manuel, who police say is a gang member, has been charged with second-degree murder and second-degree assault.
Manuel is being held at the King County Jail in lieu of $1 million bail.
King County prosecutors filed charges today against a 21-year-old Federal Way man in connection with a fatal shooting after a book-release party last month.
Lovelychild Manuel is accused of killing DeVon Guidry, 24, of Renton, after an April 13 party celebrating the release of a book about the rise of hip-hop star Dr. Dre. The King County Medical Examiner's Office said Guidry, who was among nearly 300 people who attended the event, was shot once in the head and once in the chest.
Manuel was arrested April 16 after tipsters contacted authorities to tell police his whereabouts, according to court charging papers. Manuel, who police say is a gang member, has been charged with second-degree murder and second-degree assault.
Manuel is being held at the King County Jail in lieu of $1 million bail.
Monday, April 28, 2008
Seattle-area police and federal agents round up 55 wanted on arrest warrants
By Jennifer Sullivan
Seattle Times staff reporter
The King County Sheriff's Office announced this morning that officers from several Seattle-area police agencies as well as federal agents have rounded up 55 people wanted on arrest warrants during a special emphasis last week.
Authorities focused on 130 active warrants during the sweep titled Operation CROW (Cops Rounding Up Outstanding Warrants), said sheriff's spokesman Rodney Chinnick. Officers from 20 agencies participated in the emphasis, which lasted from Wednesday through Friday, Chinnick said.
Among the suspects arrested were four wanted in the illegal possession of a firearm, 16 in burglaries, four in robberies, 20 in assaults, three regarding sex crimes, three in identify theft and several on drug charges, Chinnick said.
Investigators are still searching for suspects who remain outstanding.
"We may be out again on a similar operation in six months or a year," Chinnick said.
During the sweep, members of the Pacific Northwest Fugitive Apprehension Task Force seized more than $11,000 in cash, a vehicle, and approximately 3 ½ ounces of cocaine and heroin packaged for distribution.
The sweep comes nearly eight months after 249 people were arrested by federal, state and local law-enforcement agencies during a Puget Sound-area roundup organized by the U.S. Marshals Service.
Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
Seattle Times staff reporter
The King County Sheriff's Office announced this morning that officers from several Seattle-area police agencies as well as federal agents have rounded up 55 people wanted on arrest warrants during a special emphasis last week.
Authorities focused on 130 active warrants during the sweep titled Operation CROW (Cops Rounding Up Outstanding Warrants), said sheriff's spokesman Rodney Chinnick. Officers from 20 agencies participated in the emphasis, which lasted from Wednesday through Friday, Chinnick said.
Among the suspects arrested were four wanted in the illegal possession of a firearm, 16 in burglaries, four in robberies, 20 in assaults, three regarding sex crimes, three in identify theft and several on drug charges, Chinnick said.
Investigators are still searching for suspects who remain outstanding.
"We may be out again on a similar operation in six months or a year," Chinnick said.
During the sweep, members of the Pacific Northwest Fugitive Apprehension Task Force seized more than $11,000 in cash, a vehicle, and approximately 3 ½ ounces of cocaine and heroin packaged for distribution.
The sweep comes nearly eight months after 249 people were arrested by federal, state and local law-enforcement agencies during a Puget Sound-area roundup organized by the U.S. Marshals Service.
Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com
Sunday, April 27, 2008
Heroin, cocaine dealer sentenced to 13 years
By Karen Johnson
Seattle Times staff reporter
A 28-year-old man who sold heroin and cocaine while attending classes at Cascadia Community College in Bothell was sentenced today to 13 years and four months in prison.
At Javier "Cookie" Sanchez-Vasquez's sentencing in U.S. District Court in Seattle, Judge Ricardo Martinez said the volume of drugs and cash found in connection to the operation was "one of the highest we've seen in federal court."
Sanchez-Vasquez was arrested April 9, 2007, when investigators found 35 pounds of cocaine and more than 22 pounds of heroine in his Kirkland home and a "stash house" he kept in North Seattle.
His arrest came after a nine-month investigation by the Drug Enforcement Administration and the Snohomish Regional Drug Task Force.
"The [organization's] tentacles were fairly wide, from South Seattle to North Snohomish [County] and even out to Kirkland," said Adam Cornell, special assistant in the U.S. Attorney's Office at the time of the arrests.
Investigators used a confidential informant and court-authorized telephone taps to confirm Sanchez-Vasquez as the alleged ringleader, according to the U.S. Attorney's Office.
Sanchez-Vasquez and several of his associates, who are in the United States illegally, spoke the indigenous Mexican dialect Mixteco Bajo during their telephone calls, Cornell said. Mixteco Bajo is spoken by about 1 million people and is a regional language in southern Mexico.
In a report released today, Cornell called Sanchez-Vasquez "the head of the snake," because the college student "had time to take classes at community college while his underlings were running around delivering drugs."
Sanchez-Vazquez will likely be deported after serving his prison term, federal officials said.
Three others also have been charged and convicted for their involvement in the drug ring. Wilver Mira-Flores, 27; Carlos Velazquez, 31; Rodolfo Navarro-Gomez, 28; and Ramirez Castro, 31, each pleaded guilty to various drug-related crimes last year.
Investigators seized more that $1.1 million in cash Sanchez-Vasquez had stored in a various places around the state.
Seattle Times staff reporter
A 28-year-old man who sold heroin and cocaine while attending classes at Cascadia Community College in Bothell was sentenced today to 13 years and four months in prison.
At Javier "Cookie" Sanchez-Vasquez's sentencing in U.S. District Court in Seattle, Judge Ricardo Martinez said the volume of drugs and cash found in connection to the operation was "one of the highest we've seen in federal court."
Sanchez-Vasquez was arrested April 9, 2007, when investigators found 35 pounds of cocaine and more than 22 pounds of heroine in his Kirkland home and a "stash house" he kept in North Seattle.
His arrest came after a nine-month investigation by the Drug Enforcement Administration and the Snohomish Regional Drug Task Force.
"The [organization's] tentacles were fairly wide, from South Seattle to North Snohomish [County] and even out to Kirkland," said Adam Cornell, special assistant in the U.S. Attorney's Office at the time of the arrests.
Investigators used a confidential informant and court-authorized telephone taps to confirm Sanchez-Vasquez as the alleged ringleader, according to the U.S. Attorney's Office.
Sanchez-Vasquez and several of his associates, who are in the United States illegally, spoke the indigenous Mexican dialect Mixteco Bajo during their telephone calls, Cornell said. Mixteco Bajo is spoken by about 1 million people and is a regional language in southern Mexico.
In a report released today, Cornell called Sanchez-Vasquez "the head of the snake," because the college student "had time to take classes at community college while his underlings were running around delivering drugs."
Sanchez-Vazquez will likely be deported after serving his prison term, federal officials said.
Three others also have been charged and convicted for their involvement in the drug ring. Wilver Mira-Flores, 27; Carlos Velazquez, 31; Rodolfo Navarro-Gomez, 28; and Ramirez Castro, 31, each pleaded guilty to various drug-related crimes last year.
Investigators seized more that $1.1 million in cash Sanchez-Vasquez had stored in a various places around the state.
By Natalie Singer
By Natalie Singer
Seattle Times staff reporter
A woman who was drunk when she drove 90 mph in the wrong direction on Interstate 5, causing a head-on collision that left one teenager dead and another seriously injured, was sentenced Friday to 6 ½ years in prison, the maximum sentence under state law.
Cerrissa Christensen, who turns 28 today, had a history of driving under the influence and had a blood-alcohol level three times the legal limit when police caught her after the crash that killed Bawny McQuistin, 18, and injured Eric Hillstrom, 19, both of Tacoma.
Before King County Superior Court Judge Nicole MacInnes delivered her sentence, the families of the victims spoke in court about the emotional devastation caused by Christensen, who pleaded guilty last month.
"I don't know where to start," said Sterling Smith, McQuistin's father, his voice breaking. "She walked out of the door one day, never to be seen or held again. I thought we had all the time in the world. She was my baby; she was my sweetie. I miss her terribly."
McQuistin's mother, Leslie, described her daughter as an avid reader, an A student, a snowboarder and a lover of babies, animals and foreign films, who was independent and unique. "She was just testing her wings when she was killed," Leslie McQuistin said.
Sue Hillstrom, mother of Eric Hillstrom — who said in court he has no memory of the accident or some of his life before it — said legislators have not passed tough enough laws for drunken drivers.
"The defendant has a terrible record. If someone somewhere along the line had taken it more seriously, she would not have been on the road," she said.
Christensen, who had a blood-alcohol level of 0.25 percent — well above the legal limit of 0.08 — when her blood was tested after the Oct. 9 crash, cried as she watched a video of Bawny McQuistin's life.
"I hope, someday, you can find the mercy in your hearts to forgive me," she then told the victims' friends and families.
Police said Christensen was speeding south in the northbound lanes of I-5 through Tukwila when officers pulled alongside with their lights flashing.
Other drivers were swerving to avoid her when Christensen's vehicle struck the truck being driven by Eric Hillstrom head-on, killing Bawny McQuistin. Hillstrom suffered severe head injuries, a lacerated liver, bruised lungs and a broken femur and hip.
When questioned afterward, Christensen cursed at the trooper who accused her of hitting and killing someone, charging papers said.
On Dec. 17, 2002, Christensen received a deferred prosecution for what was apparently her first DUI, on the condition she have no traffic violations, consume no alcohol or drugs and refrain from driving without a license for five years, court records show. In that case, her blood-alcohol level was 0.20 percent.
"You knew the potential of what you could do," MacInnes told her. MacInnes said she understood the frustration with the sentencing limit.
"You can't equate months and years in prison with somebody's life, but that is the only ability I have," she said.
Natalie Singer: 206-464-2704 or nsinger@seattletimes.com
Copyright © 2008 The Seattle Times Company
Seattle Times staff reporter
A woman who was drunk when she drove 90 mph in the wrong direction on Interstate 5, causing a head-on collision that left one teenager dead and another seriously injured, was sentenced Friday to 6 ½ years in prison, the maximum sentence under state law.
Cerrissa Christensen, who turns 28 today, had a history of driving under the influence and had a blood-alcohol level three times the legal limit when police caught her after the crash that killed Bawny McQuistin, 18, and injured Eric Hillstrom, 19, both of Tacoma.
Before King County Superior Court Judge Nicole MacInnes delivered her sentence, the families of the victims spoke in court about the emotional devastation caused by Christensen, who pleaded guilty last month.
"I don't know where to start," said Sterling Smith, McQuistin's father, his voice breaking. "She walked out of the door one day, never to be seen or held again. I thought we had all the time in the world. She was my baby; she was my sweetie. I miss her terribly."
McQuistin's mother, Leslie, described her daughter as an avid reader, an A student, a snowboarder and a lover of babies, animals and foreign films, who was independent and unique. "She was just testing her wings when she was killed," Leslie McQuistin said.
Sue Hillstrom, mother of Eric Hillstrom — who said in court he has no memory of the accident or some of his life before it — said legislators have not passed tough enough laws for drunken drivers.
"The defendant has a terrible record. If someone somewhere along the line had taken it more seriously, she would not have been on the road," she said.
Christensen, who had a blood-alcohol level of 0.25 percent — well above the legal limit of 0.08 — when her blood was tested after the Oct. 9 crash, cried as she watched a video of Bawny McQuistin's life.
"I hope, someday, you can find the mercy in your hearts to forgive me," she then told the victims' friends and families.
Police said Christensen was speeding south in the northbound lanes of I-5 through Tukwila when officers pulled alongside with their lights flashing.
Other drivers were swerving to avoid her when Christensen's vehicle struck the truck being driven by Eric Hillstrom head-on, killing Bawny McQuistin. Hillstrom suffered severe head injuries, a lacerated liver, bruised lungs and a broken femur and hip.
When questioned afterward, Christensen cursed at the trooper who accused her of hitting and killing someone, charging papers said.
On Dec. 17, 2002, Christensen received a deferred prosecution for what was apparently her first DUI, on the condition she have no traffic violations, consume no alcohol or drugs and refrain from driving without a license for five years, court records show. In that case, her blood-alcohol level was 0.20 percent.
"You knew the potential of what you could do," MacInnes told her. MacInnes said she understood the frustration with the sentencing limit.
"You can't equate months and years in prison with somebody's life, but that is the only ability I have," she said.
Natalie Singer: 206-464-2704 or nsinger@seattletimes.com
Copyright © 2008 The Seattle Times Company
Friday, April 25, 2008
Crack cocaine offenders in Western Washington get sentences cut
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.
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.
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
Monday, March 10, 2008
WASHINGTON CASE LAW UPDATE
State v. Enlow: The Division Three Court of Appeals overturned David Enlow's conviction for manufacture of methamphetamine, holding that Mr. Enlow was not in direct or constructive possession of the truck in whose bed he was found hiding, and therefore was not in possession of the methamphetamine-making supplies also found in the bed of the truck.
State v. Schaller: The Division One Court of Appeals held that multiple requests to dismiss assigned counsel does not, without more, justify substitution of new counsel. Rather, the court held, there must be good cause to warrant substitution, such as a conflict of interest, an irreconcilable conflict, or a complete breakdown in communication between the defendant and counsel. The court found that the trial court in this case had sufficiently questioned the defendant regarding his communications with his attorneys, and had acted appropriately in finding that new counsel need not be appointed.
State v. Schaller: The Division One Court of Appeals held that multiple requests to dismiss assigned counsel does not, without more, justify substitution of new counsel. Rather, the court held, there must be good cause to warrant substitution, such as a conflict of interest, an irreconcilable conflict, or a complete breakdown in communication between the defendant and counsel. The court found that the trial court in this case had sufficiently questioned the defendant regarding his communications with his attorneys, and had acted appropriately in finding that new counsel need not be appointed.
Saturday, March 8, 2008
Man reports "theft by escort" to police
By BRAD WONG
P-I REPORTER
A Seattle man who hired an escort to "have fun" told police that she stole $170 from him after she went to her car to fetch some condoms.
The man, who is in his 50s and lives on Whitman Avenue North near Lake Union, had called the escort after spotting an advertisement in the Feb. 21 edition of The Stranger, a police report filed Thursday said.
The woman arrived at his apartment late last month for the rendezvous. He agreed to pay her $150 to "have fun" and $20 to cover her gas.
"At some point into the fun," the woman asked the man whether he had condoms, according to the report.
Upon hearing that he did not, she said she would get some from her car.
As the man waited for her to return, he looked out his window and realized the escort was driving away in a silver car.
Since that night, he has called her "numerous times" to get his money back. "But she has not answered or returned his calls," the report said.
The man even called The Stranger to inform the newspaper of what happened.
The police officer who took the report told the man it is against the law in Seattle and the state of Washington to pay someone for sex.
But the man wanted to file a police report in case the woman "was doing this to more of her customers.
P-I REPORTER
A Seattle man who hired an escort to "have fun" told police that she stole $170 from him after she went to her car to fetch some condoms.
The man, who is in his 50s and lives on Whitman Avenue North near Lake Union, had called the escort after spotting an advertisement in the Feb. 21 edition of The Stranger, a police report filed Thursday said.
The woman arrived at his apartment late last month for the rendezvous. He agreed to pay her $150 to "have fun" and $20 to cover her gas.
"At some point into the fun," the woman asked the man whether he had condoms, according to the report.
Upon hearing that he did not, she said she would get some from her car.
As the man waited for her to return, he looked out his window and realized the escort was driving away in a silver car.
Since that night, he has called her "numerous times" to get his money back. "But she has not answered or returned his calls," the report said.
The man even called The Stranger to inform the newspaper of what happened.
The police officer who took the report told the man it is against the law in Seattle and the state of Washington to pay someone for sex.
But the man wanted to file a police report in case the woman "was doing this to more of her customers.
Wednesday, March 5, 2008
City seeking applicants for police review board
By KATHY MULADY
P-I REPORTER
Applications are being accepted by the Seattle City Council for three open seats on a review board charged with civilian oversight of the police.
The Office of Professional Accountability Review Board oversees how citizen misconduct complaints against police officers are handled. All three positions are appointed by the City Council.
The review board was established in May 2002 as part of a city response to community complaints about the police.
One seat on the board is available to someone with a law enforcement background, another seat will go to a lawyer, and the third will be filled by a resident with a background in community involvement, said Nigel Herbig, an aide to Councilman Tim Burgess.
Herbig said applicants should send a letter describing their qualifications and why they want to be on the board. They should also send a resume and contact information for three references. The deadline is March 28 at 5 p.m.
Mail packets to Councilmember Tim Burgess, Seattle City Council, P. O. Box 34025, Seattle, WA 98124-4025, or e-mail the information to tim.burgess@seattle.gov. The letters can also be faxed to 206-684-8587.
P-I REPORTER
Applications are being accepted by the Seattle City Council for three open seats on a review board charged with civilian oversight of the police.
The Office of Professional Accountability Review Board oversees how citizen misconduct complaints against police officers are handled. All three positions are appointed by the City Council.
The review board was established in May 2002 as part of a city response to community complaints about the police.
One seat on the board is available to someone with a law enforcement background, another seat will go to a lawyer, and the third will be filled by a resident with a background in community involvement, said Nigel Herbig, an aide to Councilman Tim Burgess.
Herbig said applicants should send a letter describing their qualifications and why they want to be on the board. They should also send a resume and contact information for three references. The deadline is March 28 at 5 p.m.
Mail packets to Councilmember Tim Burgess, Seattle City Council, P. O. Box 34025, Seattle, WA 98124-4025, or e-mail the information to tim.burgess@seattle.gov. The letters can also be faxed to 206-684-8587.
Tuesday, March 4, 2008
Robbery victim now accused in crime
By ELISA HAHN / KING 5 News
BREMERTON, Wash. – One of the apparent victims in an armed robbery at a grocery store is now accused of taking part in an inside job. Police believe the grocery store clerk planned the crime with two of his friends.
"I was closing up the store and I went to throw some cardboard out and I was met with a gun,” said the former grocery store employee in a KING 5 interview last week.
The 21-year-old worked at Red Apple Market in Bremerton and was one of two employees who were held at gunpoint when robbers entered a back door and forced him to open the safe.
He claimed he was too stressed to return to work.
"It was just way too much looking at where I was zip-tied and where I had a gun to my head, and it was just stressful,” he said.
Now this worker is behind bars, accused of being an accomplice of what police say was an inside job.
The market’s owner and manager says right away he had his suspicions.
"It was just too easy, too staged. It was rehearsed,” said store owner Tim Garguiles.
Garguiles says the accused employee has worked on and off as a clerk and bagger for him for four years.
Police say the two alleged armed robbers were his friends and they used the money for a weeklong spending spree that ended with all of them behind bars, soon to be charged with robbing the store.
"I didn't want to quit. I love that store, I love working there, I love the employees, I love the community, I love all the people,” the employee said.
Garguiles says he felt like a father figure to him, but now he feels betrayed.
"He's going to have a long time to think about what he did and it was very foolish,” he said.
Police say a search of the suspect's home turned up cash, a handgun, and clothing used in the robbery.
Detectives believe the suspects used some of the money for the purchase of a car and for a night of gambling at a casino.
BREMERTON, Wash. – One of the apparent victims in an armed robbery at a grocery store is now accused of taking part in an inside job. Police believe the grocery store clerk planned the crime with two of his friends.
"I was closing up the store and I went to throw some cardboard out and I was met with a gun,” said the former grocery store employee in a KING 5 interview last week.
The 21-year-old worked at Red Apple Market in Bremerton and was one of two employees who were held at gunpoint when robbers entered a back door and forced him to open the safe.
He claimed he was too stressed to return to work.
"It was just way too much looking at where I was zip-tied and where I had a gun to my head, and it was just stressful,” he said.
Now this worker is behind bars, accused of being an accomplice of what police say was an inside job.
The market’s owner and manager says right away he had his suspicions.
"It was just too easy, too staged. It was rehearsed,” said store owner Tim Garguiles.
Garguiles says the accused employee has worked on and off as a clerk and bagger for him for four years.
Police say the two alleged armed robbers were his friends and they used the money for a weeklong spending spree that ended with all of them behind bars, soon to be charged with robbing the store.
"I didn't want to quit. I love that store, I love working there, I love the employees, I love the community, I love all the people,” the employee said.
Garguiles says he felt like a father figure to him, but now he feels betrayed.
"He's going to have a long time to think about what he did and it was very foolish,” he said.
Police say a search of the suspect's home turned up cash, a handgun, and clothing used in the robbery.
Detectives believe the suspects used some of the money for the purchase of a car and for a night of gambling at a casino.
Monday, March 3, 2008
Murder charge filed in shooting death of Renton man
P-I STAFF
A Tacoma man accused of shooting to death a 20-year-old man in Renton last month was charged Monday with second-degree murder.
Police say Kyle Pinney, 18, killed Stephen Brewer on Feb. 23 and left his body in an alley in the 600 block of Index Avenue Northeast next to the guitar case that Brewer had been seen carrying.
Witnesses suggested robbery may have been the motive; they told police Pinney hid the gun in some bushes but was unable to find it when he returned later, according to court documents. Investigators found the weapon Feb. 25.
Pinney, whose criminal history includes a malicious mischief conviction and two gun charges, is set to be arraigned March 12 in King County Superior Court.
A Tacoma man accused of shooting to death a 20-year-old man in Renton last month was charged Monday with second-degree murder.
Police say Kyle Pinney, 18, killed Stephen Brewer on Feb. 23 and left his body in an alley in the 600 block of Index Avenue Northeast next to the guitar case that Brewer had been seen carrying.
Witnesses suggested robbery may have been the motive; they told police Pinney hid the gun in some bushes but was unable to find it when he returned later, according to court documents. Investigators found the weapon Feb. 25.
Pinney, whose criminal history includes a malicious mischief conviction and two gun charges, is set to be arraigned March 12 in King County Superior Court.
Sunday, March 2, 2008
Woman's car seized, ripped up
By LINDA BRILL / KING 5 News
ENUMCLAW, Wash. – An Enumclaw woman who purchased an '06 Ford Fusion on Craigslist said police seized the car as evidence and returned it in poor condition.
When the 21-year-old interior design student purchased the car, she did not know it had been involved in a crime. Four young men are charged with luring a 16-year-old girl into the car and raping her.
After the crime, one of the suspect's relatives sold the car to the Enumclaw woman for $9,000.
A month later, police seized it as evidence - and ripped it up.
"They've taken the upholstery off the seat," she said. They've damaged the pad, they've damaged the head rest and the carpeting."
The bill is estimated at $2,000 in damages.
Her insurance, Country Insurance, has denied a claim, and the city of Bellevue has declined to pay.
"It's completely unfair. Because I'm a complete victim," she said. "I had nothing to do with the crime. Now I'm stuck with the bill I have to pay."
A police spokesman said: "The state crime lab worked hard to do as little damage as possible."
Police had her car for two weeks. They say they had to go over it with a fine tooth comb, and it paid off. The four suspects are charged with rape and awaiting trial.
The car owner says she may try to collect damages from the suspects if they're convicted.
ENUMCLAW, Wash. – An Enumclaw woman who purchased an '06 Ford Fusion on Craigslist said police seized the car as evidence and returned it in poor condition.
When the 21-year-old interior design student purchased the car, she did not know it had been involved in a crime. Four young men are charged with luring a 16-year-old girl into the car and raping her.
After the crime, one of the suspect's relatives sold the car to the Enumclaw woman for $9,000.
A month later, police seized it as evidence - and ripped it up.
"They've taken the upholstery off the seat," she said. They've damaged the pad, they've damaged the head rest and the carpeting."
The bill is estimated at $2,000 in damages.
Her insurance, Country Insurance, has denied a claim, and the city of Bellevue has declined to pay.
"It's completely unfair. Because I'm a complete victim," she said. "I had nothing to do with the crime. Now I'm stuck with the bill I have to pay."
A police spokesman said: "The state crime lab worked hard to do as little damage as possible."
Police had her car for two weeks. They say they had to go over it with a fine tooth comb, and it paid off. The four suspects are charged with rape and awaiting trial.
The car owner says she may try to collect damages from the suspects if they're convicted.
Saturday, March 1, 2008
Three more suspects wanted in North Kitsap burglaries
By JIM FORMAN / KING 5 News
KINGSTON, Wash. – Kitsap County Sheriff's Department officers continue with their investigation into the property crimes that have victimized residents of all communities within North Kitsap.
Detectives arrested another suspect this week, making it half a dozen already captured and charged in the theft of a quarter of a million dollars in property.
Shawn M. Jessep II of Silverdale, 19, is the most recent person charged in connection with these crimes.
New names and faces were released Friday by detectives trying to hunt down three more fugitives linked to the crimes:
Christopher Ryan Berg is 23 and from Poulsbo is wanted for trafficking stolen property.
Jacob Lewis Dubek, 23 and from Poulsbo is a parolee wanted for running from police and violating his parole.
Donald Lloyd Pugh of South Kitsap, 44, is wanted on three counts of burglary and one of trafficking.
The Kitsap County Sheriff's Department says all three were part of the ring targeting Kitsap Sun subscribers who went on vacation. They were targeted because their deliveryman who was given instructions to hold their papers was in on the crimes.
Detectives have finished photographing, compiling and cataloging all the stolen property items that have so far been recovered.
Starting Monday in Port Orchard, and Tuesday in Kingston, victims can go to the sheriff's office to view the catalogue of those stolen items. Victims will need a police report and an appointment to view it and retrieve their stolen goods.
Detectives say the theft ring traded the stolen property for drugs, and it apparently was the drug dealers who turned on the crooks, cracking the case.
KINGSTON, Wash. – Kitsap County Sheriff's Department officers continue with their investigation into the property crimes that have victimized residents of all communities within North Kitsap.
Detectives arrested another suspect this week, making it half a dozen already captured and charged in the theft of a quarter of a million dollars in property.
Shawn M. Jessep II of Silverdale, 19, is the most recent person charged in connection with these crimes.
New names and faces were released Friday by detectives trying to hunt down three more fugitives linked to the crimes:
Christopher Ryan Berg is 23 and from Poulsbo is wanted for trafficking stolen property.
Jacob Lewis Dubek, 23 and from Poulsbo is a parolee wanted for running from police and violating his parole.
Donald Lloyd Pugh of South Kitsap, 44, is wanted on three counts of burglary and one of trafficking.
The Kitsap County Sheriff's Department says all three were part of the ring targeting Kitsap Sun subscribers who went on vacation. They were targeted because their deliveryman who was given instructions to hold their papers was in on the crimes.
Detectives have finished photographing, compiling and cataloging all the stolen property items that have so far been recovered.
Starting Monday in Port Orchard, and Tuesday in Kingston, victims can go to the sheriff's office to view the catalogue of those stolen items. Victims will need a police report and an appointment to view it and retrieve their stolen goods.
Detectives say the theft ring traded the stolen property for drugs, and it apparently was the drug dealers who turned on the crooks, cracking the case.
Friday, February 29, 2008
Rabbi who hit, killed pedestrian gets two years deferred
By Nancy Bartley
Seattle Times staff reporter
Last Yom Kippur, the Jewish Day of Atonement, Rabbi Ephraim Schwartz's anguished prayers went on for eight hours.
It illustrated the despair the West Seattle rabbi felt over the death of Tatsuo Nakata — the man he struck and killed the previous November, one of Schwartz's faithful said Thursday in Seattle Municipal Court, where his rabbinical colleagues, congregants and family packed the court to beg Municipal Court Judge George Holifield for mercy.
In the Nakata family's view, leniency was what Schwartz got.
"It's not enough," sobbed Bernadette Nakata, the victim's sister, after the sentencing.
The morning of Nov. 14, 2006, Schwartz struck Tatsuo Nakata, who was crossing Southwest Admiral Way in a crosswalk at 47th Avenue Southwest. Nakata, 29, who was an aide to then-City Councilman David Della, later died at Harborview Medical Center.
There were no skid marks to show Schwartz tried to brake, Senior Assistant City Attorney Kevin Kilpatrick said. "He wasn't paying attention."
Schwartz, the director of the West Seattle Torah Learning Center, was on his cellphone at the time, according to court testimony.
It was the second time Schwartz had struck someone with his car. The first time was in May 2005, when he struck Ilsa Govan, who was riding her bike along Interlaken Drive East. Schwartz's car crossed the lane and collided with her, she testified at the sentencing.
"I just wish there was something that could have been done after he hit me," Govan said through her tears.
Schwartz was cited for driving on the wrong side of the road, but the charge was later removed from his record. "I feel lucky to be here. I wish Mr. Schwartz would make the decision never to drive again."
The deferred sentence means that if Schwartz, 37, has no infractions of the law after two years the charge will be dropped from his record.
"I'm outraged," City Attorney Tom Carr said. "To be given a deferred sentence after a trial ... ."
In January, a jury found Schwartz guilty of assault-injury by vehicle and the prosecutor wanted him to spend time in jail. Schwartz could have been jailed up to a year.
But Holifield said no jail time would bring Nakata back.
Holifield on Thursday suspended Schwartz's license for two years and told him he would have to reapply through the Department of License, pay any funeral or medical costs from the accident, and do 500 hours of community service outside his Jewish community.
Some 100 letters supporting Schwartz were sent to the judge, and supporters spoke about his care and support. He told the court that as a result of publicity about the case, he's also received anti-Semitic mail.
One of Schwartz's congregants, Carmen Crincoli, said that on Yom Kippur last September it was agonizing to watch Schwartz's prayers go on and on, evidence, he believed, of the rabbi's inner turmoil. He begged the judge not to incarcerate Schwartz.
The judge said that protecting the public from Schwartz's driving was his main concern.
"Regardless or not if he's a good person," Holifield said, "he's a lousy driver."
The King County Prosecutor's Office declined to prosecute Schwartz because he wasn't intoxicated or driving recklessly. Instead, Schwartz was charged with assault-injury by vehicle, a gross misdemeanor, filed by the Seattle city attorney in Seattle Municipal Court.
When speaking to the court, Schwartz at times was tearful and said that a DVD of Nakata's life — sent to him by Nakata's family — rests beside his bed.
"It haunts my night," he said. "Those thoughts were with me on Yom Kippur."
Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com
Seattle Times staff reporter
Last Yom Kippur, the Jewish Day of Atonement, Rabbi Ephraim Schwartz's anguished prayers went on for eight hours.
It illustrated the despair the West Seattle rabbi felt over the death of Tatsuo Nakata — the man he struck and killed the previous November, one of Schwartz's faithful said Thursday in Seattle Municipal Court, where his rabbinical colleagues, congregants and family packed the court to beg Municipal Court Judge George Holifield for mercy.
In the Nakata family's view, leniency was what Schwartz got.
"It's not enough," sobbed Bernadette Nakata, the victim's sister, after the sentencing.
The morning of Nov. 14, 2006, Schwartz struck Tatsuo Nakata, who was crossing Southwest Admiral Way in a crosswalk at 47th Avenue Southwest. Nakata, 29, who was an aide to then-City Councilman David Della, later died at Harborview Medical Center.
There were no skid marks to show Schwartz tried to brake, Senior Assistant City Attorney Kevin Kilpatrick said. "He wasn't paying attention."
Schwartz, the director of the West Seattle Torah Learning Center, was on his cellphone at the time, according to court testimony.
It was the second time Schwartz had struck someone with his car. The first time was in May 2005, when he struck Ilsa Govan, who was riding her bike along Interlaken Drive East. Schwartz's car crossed the lane and collided with her, she testified at the sentencing.
"I just wish there was something that could have been done after he hit me," Govan said through her tears.
Schwartz was cited for driving on the wrong side of the road, but the charge was later removed from his record. "I feel lucky to be here. I wish Mr. Schwartz would make the decision never to drive again."
The deferred sentence means that if Schwartz, 37, has no infractions of the law after two years the charge will be dropped from his record.
"I'm outraged," City Attorney Tom Carr said. "To be given a deferred sentence after a trial ... ."
In January, a jury found Schwartz guilty of assault-injury by vehicle and the prosecutor wanted him to spend time in jail. Schwartz could have been jailed up to a year.
But Holifield said no jail time would bring Nakata back.
Holifield on Thursday suspended Schwartz's license for two years and told him he would have to reapply through the Department of License, pay any funeral or medical costs from the accident, and do 500 hours of community service outside his Jewish community.
Some 100 letters supporting Schwartz were sent to the judge, and supporters spoke about his care and support. He told the court that as a result of publicity about the case, he's also received anti-Semitic mail.
One of Schwartz's congregants, Carmen Crincoli, said that on Yom Kippur last September it was agonizing to watch Schwartz's prayers go on and on, evidence, he believed, of the rabbi's inner turmoil. He begged the judge not to incarcerate Schwartz.
The judge said that protecting the public from Schwartz's driving was his main concern.
"Regardless or not if he's a good person," Holifield said, "he's a lousy driver."
The King County Prosecutor's Office declined to prosecute Schwartz because he wasn't intoxicated or driving recklessly. Instead, Schwartz was charged with assault-injury by vehicle, a gross misdemeanor, filed by the Seattle city attorney in Seattle Municipal Court.
When speaking to the court, Schwartz at times was tearful and said that a DVD of Nakata's life — sent to him by Nakata's family — rests beside his bed.
"It haunts my night," he said. "Those thoughts were with me on Yom Kippur."
Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com
Wednesday, February 27, 2008
Murder charge filed in Maple Valley shooting
P-I STAFF
King County prosecutors charged a 23-year-old Ravensdale man with second-degree murder Wednesday in the shooting death of his friend.
Prosecutors say David Dunn killed Kelly Culp, 47, on Feb. 21, soon after the two picked up breakfast at McDonald's and returned to Culp's Maple Valley house.
Dunn had been doing occasional mechanic work for Culp, who sold used cars and did odd jobs for a repair shop, according to a police document filed in court.
After Culp was found dead with a gunshot wound to the back of the head, King County sheriff's detectives tracked Dunn through surveillance videos and interviews.
Speaking as if referring to a dream, Dunn admitted to police that he killed his friend with a bolt-action rifle, which he said he may have tossed, the court document said.
Police later found Culp's laptop computer under Dunn's bed. No motive for the killing was detailed in the charging papers.
Dunn, who has a juvenile conviction for child molestation, remained in custody on $1 million bail. He is scheduled to be arraigned March 10.
King County prosecutors charged a 23-year-old Ravensdale man with second-degree murder Wednesday in the shooting death of his friend.
Prosecutors say David Dunn killed Kelly Culp, 47, on Feb. 21, soon after the two picked up breakfast at McDonald's and returned to Culp's Maple Valley house.
Dunn had been doing occasional mechanic work for Culp, who sold used cars and did odd jobs for a repair shop, according to a police document filed in court.
After Culp was found dead with a gunshot wound to the back of the head, King County sheriff's detectives tracked Dunn through surveillance videos and interviews.
Speaking as if referring to a dream, Dunn admitted to police that he killed his friend with a bolt-action rifle, which he said he may have tossed, the court document said.
Police later found Culp's laptop computer under Dunn's bed. No motive for the killing was detailed in the charging papers.
Dunn, who has a juvenile conviction for child molestation, remained in custody on $1 million bail. He is scheduled to be arraigned March 10.
Prosecutors won't file felony charges in fatal bike accident
By Seattle Times staff
Prosecutors have decided not to file felony charges against a driver whose dump truck killed 19-year-old bicyclist Bryce Lewis last summer near Seattle's University Bridge.
The truck was turning right, on a green light, from northbound Eastlake Avenue East to Fuhrman Avenue East on Sept. 7. Lewis and a friend were riding straight in the bike lane of Eastlake, toward the bridge, when the truck rolled into their path. There is no evidence the driver was drunk, using drugs or speeding, said Dan Donohoe, spokesman for the King County Prosecuting Attorney's Office.
Witnesses said the trucker was using his turn signal, and apparently did not see the cyclists approaching, Donohoe said. The case is being referred to the city attorney's office for a potential misdemeanor charge.
Prosecutors have decided not to file felony charges against a driver whose dump truck killed 19-year-old bicyclist Bryce Lewis last summer near Seattle's University Bridge.
The truck was turning right, on a green light, from northbound Eastlake Avenue East to Fuhrman Avenue East on Sept. 7. Lewis and a friend were riding straight in the bike lane of Eastlake, toward the bridge, when the truck rolled into their path. There is no evidence the driver was drunk, using drugs or speeding, said Dan Donohoe, spokesman for the King County Prosecuting Attorney's Office.
Witnesses said the trucker was using his turn signal, and apparently did not see the cyclists approaching, Donohoe said. The case is being referred to the city attorney's office for a potential misdemeanor charge.
Tuesday, February 26, 2008
Renton man faces murder charge in party shooting
P-I STAFF
An 18-year-old Renton man accused of shooting another young man at a South Seattle party last month was charged Tuesday with second-degree murder.
Jonathan James Hall will be arraigned March 4 in King County Superior Court in the Jan. 26 death of Perry Henderson, also 18.
Police say the two men had been feuding over a young woman for weeks before they got into an argument outside the party. Henderson took of his shirt and got ready to fight, but several people pulled him away.
Police say Henderson eventually broke free, threw a rock at the young woman's car and kicked Hall's car as they drove past him. Hall is accused of firing at Henderson, shooting him at least four times.
An 18-year-old Renton man accused of shooting another young man at a South Seattle party last month was charged Tuesday with second-degree murder.
Jonathan James Hall will be arraigned March 4 in King County Superior Court in the Jan. 26 death of Perry Henderson, also 18.
Police say the two men had been feuding over a young woman for weeks before they got into an argument outside the party. Henderson took of his shirt and got ready to fight, but several people pulled him away.
Police say Henderson eventually broke free, threw a rock at the young woman's car and kicked Hall's car as they drove past him. Hall is accused of firing at Henderson, shooting him at least four times.
Online chats lead to arrest in rape of Bellevue teen
By JANE McCARTHY / KING 5 News
BELLEVUE, Wash. - Detectives say online chats proved to be key evidence in a case of a Bellevue teen who was raped four times.
The path to the crime began online, when the 16-year-old victim began chatting with the 17-year-old suspects on MySpace.com.
After a while, she thought they'd become friends, and they convinced her to meet them.
They provided her with alcohol, according to detectives, and she consumed a great deal of it in a short amount of time, to the point where she was unable to make any decisions or resist.
That's when the boys pulled their car into a dark parking lot in Bellevue, the victim - and later one of the suspects - told police.
"She was there raped by all four males in the back of the car they were riding in," said Greg Grannis, spokesperson for the Bellevue Police Department.
The suspects might have gotten away with it, but police served a search warrant on the suspects' MySpace pages. Police discovered the chat logs, which then led to the four arrests.
The victim was able to point police to the suspects' MySpace pages, where court documents say they "callously bragged about the assault," and wrote that they "feared (the victim) would contact the police and said they would kill her if she did."
"Not only did they talk about the crime they committed, but they thought that it had worked so well, that they might try it again with another victim," Grannis said.
Allan Kush, of the Internet safety group Wiredsafety.org, is not surprised by the case. He describes a certain naiveté among young online users.
"Because they're very trusting and they think they click, you know, that type of thing," he said. "But what ends up happening are things they never expected or dreamt of."
He says parents must monitor their child's online activities and make it clear that it's never OK to meet privately with someone they've met online.
All four suspects are 17 years old, and have been charged as juveniles.
However, based on the seriousness of the crime, the King County prosecutor may decide to charge them as adults instead.
BELLEVUE, Wash. - Detectives say online chats proved to be key evidence in a case of a Bellevue teen who was raped four times.
The path to the crime began online, when the 16-year-old victim began chatting with the 17-year-old suspects on MySpace.com.
After a while, she thought they'd become friends, and they convinced her to meet them.
They provided her with alcohol, according to detectives, and she consumed a great deal of it in a short amount of time, to the point where she was unable to make any decisions or resist.
That's when the boys pulled their car into a dark parking lot in Bellevue, the victim - and later one of the suspects - told police.
"She was there raped by all four males in the back of the car they were riding in," said Greg Grannis, spokesperson for the Bellevue Police Department.
The suspects might have gotten away with it, but police served a search warrant on the suspects' MySpace pages. Police discovered the chat logs, which then led to the four arrests.
The victim was able to point police to the suspects' MySpace pages, where court documents say they "callously bragged about the assault," and wrote that they "feared (the victim) would contact the police and said they would kill her if she did."
"Not only did they talk about the crime they committed, but they thought that it had worked so well, that they might try it again with another victim," Grannis said.
Allan Kush, of the Internet safety group Wiredsafety.org, is not surprised by the case. He describes a certain naiveté among young online users.
"Because they're very trusting and they think they click, you know, that type of thing," he said. "But what ends up happening are things they never expected or dreamt of."
He says parents must monitor their child's online activities and make it clear that it's never OK to meet privately with someone they've met online.
All four suspects are 17 years old, and have been charged as juveniles.
However, based on the seriousness of the crime, the King County prosecutor may decide to charge them as adults instead.
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