Thursday, February 26, 2009

Suspect in Auburn woman's death freed pending further investigation

An Auburn man who was arrested after his former girlfriend was found dead in her apartment Monday will be released from jail today pending further investigation, the King County Prosecutor's Office said.

A 19-year-old Auburn man who was arrested after his former girlfriend was found dead in her apartment Monday will be released from jail today pending further investigation, the King County Prosecutor's Office said.

Today was the deadline for filing charges in connection with the death of Kathleen Eyle, 20. The investigation will continue and a decision on whether to file charges will be made at a later date, the Prosecutor's Office said in a news release.

Police found Eyle dead in her apartment in the 3700 block of Auburn Way South in Auburn early Monday morning after the former boyfriend called 911 to report she was not breathing due to "partying" and drinking, court documents said. A neighbor told police she had heard fighting and saw something or someone go over the balcony 20 to 30 feet above ground, according to court documents.

Investigators found fingerprints on the balcony that indicated someone was hanging from it, the documents said.

Prosecutors said the woman died of a heart rupture from a blow.

Wednesday, February 25, 2009

DUI suspect pulls into Wash. trooper's driveway

The State Patrol says a trooper returning home after his shift found a drunken driving suspect in the driveway of his own home near Zilla.

ZILLAH, Wash.

The State Patrol says a trooper returning home after his shift found a drunken driving suspect in the driveway of his own home near Zillah.

Trooper Trevor Downey first noticed the car Tuesday going 30 mph in a 50 mph zone. As Downey approached, the driver pulled into Downey's driveway and parked in the trooper's garage.

Downey followed and asked what he was doing. The driver replied he lived there.

Downey told him it was his home, then arrested the 31-year-old Yakima County man for investigation of drunken driving. He has three prior DUI convictions.

Monday, February 16, 2009

Plea deal for man in fatal punching in Centralia

A man charged with a fatal punching in Centralia has accepted a plea agreement with Lewis County prosecutors.

CHEHALIS, Wash. —

A man charged with a fatal punching in Centralia has accepted a plea agreement with Lewis County prosecutors.

On Friday 30-year-old Henry E. Langley entered an Alford plea to second-degree manslaughter and was sentenced to eight years in prison.

Langley did not admit he was guilty but conceded that he would likely be convicted if the case went to trial.

He could have gotten a much longer sentence had he been convicted of second-degree murder for the death of 28-year-old Jonathan P. Case of Winlock. Case died after being punched by Langley, falling down and hitting his head on the street Sept. 8 in Centralia.

The confrontation occurred three months after Langley completed a prison term for possession of stolen property.

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Information from: The Chronicle, http://www.chronline.com

Gunfire damages windows at Spokane high school

Gunfire has damaged five large thermal windows and a smaller upper window in a newly remodeled high school library in Spokane.

SPOKANE, Wash. —

Gunfire has damaged five large thermal windows and a smaller upper window in a newly remodeled high school library in Spokane.

Authorities said the shooting at Shadle Park High occurred sometime over the weekend. The bullets did not penetrate the inner part of the double-paned thermal windows but caused the outer part to crack in a web-like pattern.

The cost of repairs has yet to be determined. Dealy Etter of Garco Construction of Spokane says arrangements are being made to replace the windows.

Etter says the library was opened in September following completion of the first stage of a four-phase renovation of Shadle Park.

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Information from: The Spokesman-Review, http://www.spokesmanreview.com

Joe woe: Man loses $300K in Starbucks jewel heist

How much is a cup of coffee at Starbucks? For a jewelry salesman from Kansas, it ended up costing about $300,000.

PARKER, Colo. —

How much is a cup of coffee at Starbucks? For a jewelry salesman from Kansas, it ended up costing about $300,000.

Police say the man stopped for coffee Monday at a Starbucks in Parker, Colo., south of Denver. He was just returning to his car when he was held up. Three masked robbers took three "tubs" of jewelry and a briefcase containing the salesman's handgun.

Police didn't identify the 64-year-old salesman. Parker police spokeswoman Elise Penington says he was in town for a trade show. One of the robbers allegedly brandished a gun, but no one was injured in the robbery.

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Information from: Rocky Mountain News, http://www.rockymountainnews.com/

Friday, February 13, 2009

King Co. Metro bus driver accused of dealing drugs

By DEAN STALEY / KING 5 New

SEATTLE – Police today arrested a 54-year-old King County Metro bus driver who is accused of dealing rock cocaine while on duty.

The suspect, a Seattle man, was taken into custody just before noon while driving Route 42, according to the King County Sheriff's Department. Deputies say the arrest was the result of an investigation that spanned several weeks.

During their investigation, police say they bought cocaine from the suspect along his route. They also bought drugs from him at his south Seattle home. But police say he did not sell to his bus passengers.

"It's not like 'would you like a transfer and some cocaine;' it's nothing like that," Sgt. John Urquhart said. "My understanding is he was meeting his customers while on his route."

The suspect, a 10-year veteran of Metro, was taken into custody near South Leo Street and Beacon Ave. South, and he was expected to be booked into the King County Jail.

Metro has about 2,200 drivers in their system, and they believe this is an isolated incident. Police say they were tipped off by another Metro employee.

In 2002, the suspect was charged in Oregon with pot possession, for which he paid a fine.

Tuesday, February 10, 2009

KingCo deputy in I-405 accident in Bellevue

A King County sheriff's deputy has been involved in a collision on Interstate 405 in Bellevue.

BELLEVUE, Wash.

A King County sheriff's deputy has been involved in a collision on Interstate 405 in Bellevue.

Sheriff's Sgt. John Urquhart says there were only minor injuries in the crash about 6 a.m. Tuesday. He describes the deputy as a woman with 15 to 20 years on the force.

Urquhart says the State Patrol is investigating.

Lockdown at Walla Walla prison after inmate brawl

One of the medium-security units at the Washington state Penitentiary at Walla Walla remains locked down Tuesday while officials investigate a weekend brawl.

WALLA WALLA, Wash.

One of the medium-security units at the Washington state Penitentiary at Walla Walla remains locked down Tuesday while officials investigate a weekend brawl.

A prison spokeswoman, Joni Aiyeku (ah-YEE'-koo), says 195 inmates in Unit 6 are locked down and 30 others who participated in Saturday's fighting are segregated in single cells.

She says officials haven't determined the cause of the fight that broke out among inmates. Two inmates were treated at the prison for cuts. Six guards who broke up the fight had minor injuries. Five were treated at a hospital and returned to work the same day.

Unit 6 is one of four medium-security units at the penitentiary that has a total population of nearly 2,300 prisoners.

Sunday, February 8, 2009

Washington Case Law Update

By: Dena Alo-Colbeck

Division One Court of Appeals:

State v. Releford: The Court held that the State may establish factual comparability for the purposes of establishing that an out of state conviction is comparable to a Washington felony by producing certified copies of the foriegn charging documents and evidence that the defendant pled guilty to those charges, provided that the law of the state where the guilty plea was entered, at the time of the plea, provided that such a plea constituted an admission of the facts alleged in the charging documents. The Court affirmed the finding that Mr. Releford's Oklahoma burglary convictions were comparable to Washington burglary convictions based upon the certified copies of the guilty plea produced by the State, and held that the State did not have to re-prove the Oklahoma charges against Mr. Releford when the law in Oklahoma provided that the guilty plea was an admission by Mr. Releford to the facts alleged to support the burglary charges. The Court further affirmed Mr. Releford's conviction for unlawful possession of a firearm, finding factually incorrect Mr. Releford's contention that the antique replica firearm in his possession still needed several pieces to be operable, instead finding that the firearm actually only needed ammunition, and that under Washington law a weapon does not cease to be a firearm for the purposes of a conviction for unlawful possession of a firearm simply because it is unloaded. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/59701-9.pub.doc.pdf

State v. Wagner-Bennett: The Court found sufficient facts supporting probable cause for Ms. Wagner-Bennett's arrest for theft of a casino ticket when the facts showed that the owner of the cash ticket had left the ticket sitting on top of the machine she had been using for just a few minutes to take care of a cut finger and, when she returned, found Ms. Wagner-Bennett cashing out the remainder of the machine with the ticket left on the machine nowhere in sight and when confronted about the ticket that its owner had left on the machine, Ms. Wagner-Bennett walked away to the other side of the casino. The court found it was possible that Ms. Wagner-Bennett's conduct had been the innocent claiming of property she thought to be abandoned, but it was more likely that she had intended to steal the ticket and the cash in the machine, and that the facts supported a reasonable inference of intent to steal. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/60828-2.pub.doc.pdf


Division Two Court of Appeals:

State v. Draxinger: The Court found that the trial court properly included Mr. Draxinger's four prior DUIs in calculating his offender score after he was convicted of felony DUI, irrespective of the fact that those four priors had already ben used to raise his current DUI to a felony. The Court found that although the prior offenses became elements of the current offense, they could still be utilized in calcluating an offender score. The court further found that the sentencing statute was not ambiguous and was consistent. A copy of the decision may be found online at: http://www.courts.wa.gov/opinions/pdf/36952-4.09.cor.doc.pdf


Division Three Court of Appeals:

State v. Doughty: The Court upheld a Spokane District Court opinion finding that there was sufficient reasonable suspicion for a Terry stop of Mr. Doughty based on an officer's observation of him going into a house thought to be a drug house based on complaints from the neightbors at 3:20 a.m. and staying for just two minutes. The court noted as an aside that Mr. Doughty did not challenge the finding of fact that the house was a drug house, despite a lack of reliable information provided by the State to support that designation, and that the designation of the house as a drug house, coupled with Mr. Doughty's actions, were enough to give the officer reasonable suspicion of criminal activity such that he could legally seize Mr. Doughty. A copy of the decision may be viewed online at: http://www.courts.wa.gov/opinions/pdf/265731.opn.doc.pdf

Friday, February 6, 2009

Cashmere queen loses title over drug bust

The Cashmere Queen contest winner was stripped of her crown after pleading guilty to possession of drug paraphernalia.

CASHMERE, Wash.

The Cashmere Queen contest winner was stripped of her crown after pleading guilty to possession of drug paraphernalia.

The Wenatchee World reports 18-year-old Sara Young was sentenced last month to one year probation and fined $293. She had been a passenger in a car in which a Chelan County sheriff's deputy found marijuana and two pipes.

The Queen Cashmere contest director, Kim Phillips, said the misdemeanor violated the contest's code of conduct. In addition to the title, Young loses a $1,000 scholarship.

The 2008 runner-up, Princess Leah Griffith, will assume the duties of Cashmere queen until the next royalty selection in March.

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Information from: The Wenatchee World, http://www.wenworld.com

Wednesday, February 4, 2009

Seattle bank robber claims he left bomb behind

KING5.com Staff

SEATTLE – Police shut down Fifth Avenue at Union Street in downtown Seattle after a bank robber said he left a bomb behind.

Police evacuated a Washington Mutual branch and sent in a robot after a bank robber left behind a threatening note.

The bomb squad did not find a threat.

The suspect robbed the bank on Fifth Avenue at about 3:30 p.m. Wednesday and got away on foot.

The suspect is still on the loose. He is described as a white male in his 30’s, 6-foot-4 and thin, with light brown hair, no facial hair or glasses. He was wearing a green sports jacket and a maroon tie.

No injuries were reported.

Corrections officer charged in road rage incident

By SCOTT GUTIERREZ
P-I REPORTER

A rookie Pierce County corrections officer has been charged with second-degree assault for pointing his gun at another car during a road rage incident in Burien, according to court documents.

Yury Nijnik, 28, is set for arraignment Feb. 10 at the Regional Justice Center in Kent. He was released from jail last week on $5,000 bail, although a judge prohibited him from carrying a gun while the case is pending.

Nijnik was arrested Jan. 25 after an incident that began when he allegedly cut off another car with two adults and their 12-year-old niece on First Avenue South near South 160th Street. The second driver, Shean Corvari, honked and Nijnik made a derogatory hand gesture, court documents say.

As Corvari drove on, he noticed Nijnik driving recklessly and swerving between lanes. Corvari managed to get ahead of him in traffic and tried to ignore him until Nijnik pulled alongside him and pointed a gun, court documents say.

Corvari turned left on South 144th Street to get away, but Nijnik cut across two lanes and pulled in front of him, slamming his brakes. Nijnik then got out of his car and pressed his Pierce County corrections ID card against Corvari's window with his gun tucked into his waistband, court documents say.

"(Corvari) stated that he felt very threatened and was in fear that Nijnik was going to shoot him or his wife," court documents say.

Nijnik was hired as a corrections officer six months ago and still is in his one-year probationary phase. He had no arrest authority and was carrying his personal weapon, Pierce County Sheriff's Detective Ed Troyer said.

He was placed on paid administrative leave while the Pierce County Sheriff's Office conducts an internal investigation, Troyer said.

"He's on probation, so it doesn't look very good for him," he said.

After the initial confrontation, Corvari had rolled back and bumped into Nijnik's vehicle when a traffic light turned green, court documents say. Nijnik claimed his car had been rammed several times, which caused him to feel threatened, but officers found no visible damage, court documents say.

"The car ... appeared to be in pristine condition," court documents say.

Nijnik denied that he brandished his weapon. When he called 911, he told the dispatcher that the other car's occupants "may" have seen his gun, although he didn't understand how. He said he took his gun out, but placed it in his glove box "in case he got into a fight," court documents say.

He said he then holstered the gun when police arrived, court documents say.

Corvari also has a concealed pistol license, but never drew his weapon. His wife and Nijnik both called 911 and King County sheriff's deputies responded, according to court documents and police.

Tuesday, February 3, 2009

Sheriffinvestigates whether Michael Phelps smoked pot.

(CNN) -- A South Carolina sheriff's office is investigating whether Olympic gold medalist Michael Phelps smoked marijuana on the University of South Carolina campus.

Authorities will file criminal charges if the investigation determines that they are warranted, a spokesman said Tuesday.

"If someone breaks the law in Richland County, we have an obligation as law enforcement to investigate and to bring charges," Sheriff Leon Lott said in a statement.

"The Richland County Sheriff's Department is making an effort to determine if Mr. Phelps broke the law. If he did, he will be charged in the same manner as anyone else. The sheriff has a responsibility to be fair, to enforce the law and to not turn a blind eye because someone is a celebrity."

Phelps admitted "regrettable behavior" on Sunday after a British newspaper published a photograph of him smoking through a bong. The tabloid News of the World showed Phelps using the bong during what it said was a November party at the University of South Carolina, in Richland County.

Both university police and Columbia, South Carolina, police have said they would not pursue charges, according to The State newspaper in Columbia. It was unclear where the party took place, the paper said, or whether it was on the USC campus.

"I engaged in behavior which was regrettable and demonstrated bad judgment," said Phelps, who won a record eight gold medals at the 2008 Olympic Games in Beijing, China, in a statement Sunday.

"I'm 23 years old, and despite the successes I have had in the pool, I acted in a youthful and inappropriate way, not in a manner that people have come to expect from me," he said. "For this, I am sorry. I promise my fans and the public -- it will not happen again."

The U.S. Olympic Committee also issued a statement that said in part, "Michael has acknowledged that he made a mistake and apologized for his actions. We are confident that, going forward, Michael will consistently set the kind of example we all expect from a great Olympic champion."

In 2004, Phelps was arrested on charges of driving under the influence in Salisbury, Maryland. He pleaded guilty and was sentenced to 18 months probation. He also issued an apology after that incident.

Phelps is one of 12 Olympic athletes who have signed on to "My Victory," an initiative launched last year by the U.S. Anti-Doping Agency aimed at keeping competitive sports clean.

Monday, February 2, 2009

Troopers with bogus degrees won't be charged

Criminal charges won't be filed against nine Washington State Patrol troopers who were investigated over whether they knowingly used phony college degrees to obtain higher pay.
OLYMPIA, Wash.

Criminal charges won't be filed against nine Washington State Patrol troopers who were investigated over whether they knowingly used phony college degrees to obtain higher pay.

The chief deputy prosecutor for Thurston County, Jon Tunheim, says a review found insufficient evidence to show the troopers knew the diplomas were from institutions that lacked accreditation.
Tunheim said Monday that it appeared the troopers relied on the State Patrol’s human resources department to determine whether the degrees would qualify them for higher pay.

He added that the troopers requested that their higher incentive pay be discontinued and have repaid the added money.

The troopers were put on paid leave Oct. 13 while the case was investigated. It was not immediately known when the troopers may return to active duty.

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Information from: The Olympian, http://www.theolympian.com

Saturday, January 31, 2009

Grant County man awarded $3M for bad lawyer

A Grant County man has been awarded $3 million for spending months in jail because of poor work by his public defender.

SPOKANE, Wash. —

A Grant County man has been awarded $3 million for spending months in jail because of poor work by his public defender.

Felipe G. Vargas was awarded more than $3 million payable by his public defender by a U.S. District Court jury in Spokane after spending more than seven months in the Grant County Jail, falsely accused of child molestation.

Grant County public defender Thomas Earl allegedly pocketed much of his fee for representing Vargas, instead of spending it to mount an adequate defense, the jury decided.

Vargas, 45, maintained his innocence, and his alleged victim recanted three days after Vargas was arrested in November 2003. Police and prosecutors knew that, but they took no steps to free Vargas from jail.

Earl apparently was too busy with 500 other cases and failed to adequately represent Vargas, the jury was told. Earl refused to hire an investigator or other experts or pay for a polygraph, witnesses told the jury. He was working under a $500,000 "flat fee" annual contract, a form of compensation that is banned in the state.

Earl's legal conduct led to his disbarment.

The Washington Supreme Court in September toughened conflict-of-interest rules that say attorneys can't put their personal financial interests ahead of the fair trial rights of criminal defendants.

"There's a movie called 'Gideon's Trumpet,' about Clarence Gideon's successful struggle to convince the U.S. Supreme Court there is a constitutional right to counsel," said Seattle criminal appeals attorney Eric Broman.

"This verdict should send a loud and clear message to other counties that shortcuts cannot be taken to underfund public defense systems," he said. The "$3 million verdict is the kind of trumpet those folks should be able to hear."

Joanne Moore, the director of the Washington state Office of Public Defense, said the jury award sends a message that everyone has the right to an attorney for a fair trial.

Grant County was also named a defendant in Vargas' 2006 civil rights suit and settled last month by paying him $250,000 for "ineffective assistance of counsel."

Moses Lake attorneys Garth Dano and George Ahrend filed the civil rights suit. Dano said Earl, when he represented Vargas, lied to the court when he said he was ready for trial.
"The importance of this case is it said, 'Stop lying to the judges and each other, and don't put your financial interests ahead of your client's,' " Dano said Friday.

John Strait, a legal ethics professor at Seattle University, testified as an expert. Flat-fee contracts, he said, "are all illegal and unethical for any attorney to enter into."

The state Supreme Court has barred any Washington lawyer from signing such a contract, Strait said.

The case went to trial Monday before U.S. District Judge Justin Quackenbush, who refused Earl's repeated requests to dismiss the suit.

The jury awarded Vargas $762,000 in compensatory damages and $2.25 million in punitive damages.

It's possible, however, that Vargas won't see any of the money. Earl had canceled his malpractice insurance and is seeking protection from creditors in U.S. Bankruptcy Court.

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Information from: The Spokesman-Review, http://www.spokesmanreview.com

Friday, January 30, 2009

DEA Makes First Federal Medical Marijuana Raids Under Obama Administration

January 29, 2009 - South Lake Tahoe, CA, USA

South Lake Tahoe, CA: Federal drug enforcement officials, working cooperatively with state and local police, seized marijuana and cash from a medical marijuana dispensary in Lake Tahoe, California last week. The raid was the first action of its type taken by the US Drug Enforcement Administration (DEA) since President Barack Obama took office on January 20.

While campaigning for the presidency, Obama pledged not to "use Justice Department resources to try and circumvent state (medical marijuana) laws."

No arrests were made in last week's raid, and a new facility has already opened to serve patients in the Lake Tahoe region.

The bust received national media attention, with many news outlets expressing criticism over the raid.

In response to the DEA's actions, several prominent drug law reform groups have asked voters to contact the White House and urge the President to suspend Justice Department activities that target medical marijuana providers who are compliant with their state laws.

In a separate action last week, the DEA also raided two medical marijuana providers in Colorado, but did not make any arrests.

For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500.

Thursday, January 29, 2009

Drug dealer arrested in police station bathroom

KING5.com Staff

EVERETT, Wash. – Maybe he really believed in the phrase “Keep your friends close. Keep your enemies closer.

A 24-year-old Everett man was arrested Wednesday morning for allegedly trying to sell Oxycodone and other drugs inside a stall in the men’s bathroom at the Everett Police Station.

According to Everett Police, a plain-clothed police sergeant and an officer were in the bathroom when they heard the man answer his cell phone and try to make the deal.

Police say the sergeant continued to listen in as the man made several other phone calls in an apparent attempt to sell the drugs.

The man was confronted by officers as he left the bathroom, where police say he admitted to trying to sell the drugs and handed them over.

Police say the man apparently thought he was at a probation office, not a police station.

The suspect was booked into the Snohomish County Jail.

Sunday, January 25, 2009

Man held in fatal shooting in Sunnyside

A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.
SUNNYSIDE, Wash. —

A man has been arrested in a Sunnyside convenience store killing that police say may have been gang related.

The 25-year-old Sunnyside man was taken into custody late Wednesday at a home in nearby Granger, but Sunnyside police did not announce the arrest until two days later.

The man is being held for investigation of second-degree murder, first-degree assault and second-degree assault.

Police spokeswoman Charlotte Hinderlider says the man is believed to be involved in the death of 22-year-old Jesus (hay-SOOS') Tlaseca Sosa. Sosa was fatally shot and a 20-year-old man and a 16-year-old boy were injured on Jan. 4 at an AM-PM Mini-Mart in Sunnyside.

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Information from: Yakima Herald-Republic, http://www.yakima-herald.com

Friday, January 23, 2009

P-I wins award for police series

P-I STAFF

The Seattle P-I has earned a national award for its series on the Seattle Police Department's failure to investigate and discipline itself.

The series, "The Strong Arm of the Law," won the 2009 Excellence in Criminal Justice Reporting Award in the series category given by the John Jay College of Criminal Justice.

Reported by Eric Nalder, Lewis Kamb and Daniel Lathrop, and edited by Rita Hibbard, the series (which ran in January and February 2008) exposed the questionable handling of complaints against Seattle police over the wrongful use of force, and the overuse of obstruction charges used to cover up wrongdoing.

In the single-story category, Christine Young of The Times Herald-Record in Middletown, N.Y., won for her investigation of a man who has spent the past 20 years in prison for the murder of a prostitute.

Washington legislation would test police for drugs

Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').

OLYMPIA, Wash. —

Residents of cities and counties could vote to randomly test police officers for drugs under legislation proposed by Rep. Charles Ross of Naches (na-CHEEZ').

He told The Yakima Herald-Republic most people he talks to support the idea. A similar bill died in last year's Legislature.

Random drug testing is opposed by police unions. The incoming president of the Yakima Police Patrolmans Association, Det. Mike Nielsen, says officers want to maintain their constitutional protection from unwarranted invasion of privacy.

The city of Yakima and the police union took the issue to arbitration in 2007, and the arbitrator ruled the city could not impose random drug testing.

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Information from: Yakima Herald-Republic, http://www.yakima-herald.com