Wednesday, February 6, 2008

Defendant Slugs Lawyer

Upset defendant smacks his attorney on video. . .ouch!!

Trooper busts YouTube 'drifters' in Bellevue

By TRAVIS PITTMAN / KING5.com

BELLEVUE, Wash. – Police frown upon someone driving recklessly. They tend to get a little more upset when someone does it to show off on camera.

Imagine the reaction of a trooper when it happened right next door to a Washington State Patrol office in Bellevue.

The state patrol says two men who work at a local auto dealership decided to take a late model Infiniti G35 from the dealership Sunday and do a stunt known as "drifting" in a vacant parking lot. At the same time, the men were videotaping the stunt driving to post on YouTube. Troopers say a 21-year-old North Bend man was driving and 21-year-old Bothell man, who was a passenger, also shot some video from the curb.

Their antics caught the attention of a trooper who was pulling into the WSP office next door. The trooper arrested the driver for reckless driving then spotted a video camera on the floorboard of the car which had captured the entire incident.

It turns out, the Infiniti had just been handed over to the car dealership on a trade in. Both men were fired.

The driver was booked on felony malicious mischief and reckless driving charges. The other man was booked on a felony malicious mischief charge.

Drifting, which started in Japan about 10 years ago, is basically trying to get your car to go sideways down a road. It was a key part of the 2006 film "The Fast and the Furious: Tokyo Drift."

Thursday, January 31, 2008

A look at 'force' incidents in which cops weren't disciplined

By ERIC NALDER
P-I INVESTIGATIVE REPORTER

Most police officers accused of using excessive force by citizens are either exonerated because their actions were lawful or the charges are ruled unfounded, meaning the event never happened. If the evidence is inconclusive, the finding is not sustained. If the department feels there was wrongdoing, the finding is sustained, which means misconduct occurred. If policy violations are deemed not willful, or if errors do not rise to the level of misconduct, then the officer is given retraining under a nondisciplinary category called supervisory intervention.

Here are cases in which supervisory intervention was ordered:

# An officer Tased an apparent bystander "before assessing the situation," admitting later she wanted to avoid having to chase the man and leave "other people" at the scene of a disturbance. She also claimed she didn't feel she had to file the normal use-of-force report because "the only force used was to protect the complainant from hurting himself."

# A witness complained an officer Tased a man too long. The witness said her wrist was bent back and she was arrested when she tried to intervene.

# An uninvolved couple told investigators that an officer slammed a skateboarder against a light pole downtown. The investigators rejected the officer's claim that when he confronted the young man over jaywalking he had taken a "bladed stance" with his legs apart and at an angle, and that he held his skateboard across his body, indicating aggression. "For the record, the 'bladed stance' argument is overworked and is not necessarily an indicator of preparation to attack offensively," investigators wrote. Though they didn't buy the officer's claims, the department rejected a recommendation that he be disciplined, and he got supervisory intervention.

# Two officers were parked side by side in their patrol cars when one sarcastically broadcast to a curious passer-by over his loudspeaker, "Haven't you ever seen a police car before?" The exchange ended with the citizen, who taunted the officers, bent over the hood of the car and searched for weapons before being released. Supervisory intervention was imposed on one of the officers who used profanity.

# A woman complained that she was forcefully escorted to a patrol car for violating the dog scoop ordinance, bruising her arm in the process.

# A man complaining about a bad haircut was escorted out of the barbershop by an officer who twisted his arm. When the man reached for the cop's nametag, the officer bumped him and yelled at him, the man said. No supervisor was called to the scene, and the man had a right to have his 'bad haircut' remedied, the department concluded in ordering supervisory intervention.

Thursday, January 24, 2008

Outrage in the courtroom as Skyway shooter is freed

KING5.com staff

SEATTLE - The man who shot and killed three people and wounded three others in an infamous Skyway shootout is a free man tonight.

As part of a plea deal, Dimitri Sicorchuk, 24, was sentenced to 24 months in jail, a sentence he has already completed while awaiting trial.

That has some family members of victims outraged.

Moments after the sentencing, an angry mob approached the prosecutor.

"You should of tried harder," said Don Raz. "We have community members in our community who have been deported to Cambodia for crimes less heinous than this."

Prosecutors say Sicorchuk admits to opening fire during a scuffle at Skyway Bowl on June 20, 2006. One of his best friends was among the dead.

Sicorchuk and his lawyer argued that the shootings were done in self defense. But after two juries couldn't agree on whether he acted in self defense, a plea deal was reached.

The Sun family of West Seattle is outraged. Their loved one, 20-year-old Sophea, was killed in the shooting.

"It broke my heart because my son so young," said Savoeun Keo, Sophea's mother. "It's not fair."

Wednesday, January 23, 2008

Man, 23, is charged with child rape in forced-prostitution case

P-I STAFF

A Seattle man who allegedly had sex with a 12-year-old girl he met downtown and forced her into prostitution was charged Tuesday in King County Superior Court with two counts of second-degree child rape and one count of promoting commercial sexual abuse of a minor.

Steven Leonard, 23, is being held in the King County Jail with bail set at $250,000.

Monday, January 21, 2008

Port Angeles man accused of Craigslist scam

By AKIKO FUJITA
KOMO-TV

Police have arrested a Port Angeles man for stealing thousands from users of the Web site Craigslist.org.

Investigators said the man used bad checks to buy diamond rings on the site, scamming a number of victims from Seattle to Everett.

It all began with one engagement ring. A Snoqualmie man posted an ad on Craigslist, asking for $5,400 for the ring.

Police say the Port Angeles man saw the posting as an opportunity to cash in.

"He portrayed himself as a jewelry broker from Elegance Jewelry Design and so the victim met with him (and) they looked at the ring through a jewelry glass," said Rebecca Munson with the Snoqualmie Police Department.

The two struck a deal at $5,200 and the suspect wrote the seller a business check. But that check turned out to be fake.

"He made it look like he knew what he was talking about," Munson said.

The victim e-mailed every Craigslist user with a posting for a ring for sale and warned them about the scam. He learned the suspect targeted two others.

"Then they had a contact from someone in Seattle who had set up a meeting with our suspect," said Munson.

That's when police jumped in. They set up a sting operation at a Starbucks coffee shop in Queen Anne, where the seller was to meet the suspect. When the man showed up, undercover officers arrested him.

The man was booked at the King County Jail for investigation of first degree theft, financial fraud, forgery and unlawful issuance of a bank check.

News of the latest Craigslist scam has users on high alert.

"I've used it for everything, it's just reliable," said Michael Mathias.

Mathias said he's using Craigslist to sell his grandmother's ring. He doesn't have a buyer yet, but knows what to do when that person comes calling.

"You take the money first, you always ask for cash," he said.

Sunday, January 20, 2008

Routine arrest in Lynnwood area ends with car chase, shot fired

RAY LANE / KING 5 News

LYNNWOOD, Wash. - Snohomish County Sheriff's deputies were getting ready to arrest a man on outstanding felony warrants at an apartment in the Lynnwood area Saturday night when the man took off.

Police say as they were moving in, the 24-year old man, along with a 20-year old woman, jumped into a stolen SUV and drove off, leading deputies on a short car chase.

Before long, the couple drove themselves into a road block.

"The suspects ended up on a dead-end road. The male suspect, who was driving the stolen car, backed the car into a deputy's car. Another deputy at the scene got out of his patrol vehicle and a fired a shot," said Sgt. Jerry Strieck.

The Everett Police Dept. is handling the investigation involving Snohomish County deputies. They say only one shot was fired, and that was by one of the deputies.

Somehow, the bullet shattered the window of an unmarked deputy's car, which was responding to the call. It's not clear how that happened.

Police say the suspect did not fire a weapon.

Both the man and woman were arrested.

The male suspect faces the original charges on those warrants that were issued against him, plus new felony charges, including running from police, and ramming his vehicle into a police car.

The deputy, who has been with the Snohomish County Sheriff's Office for five years, is now on paid administrative leave, a routine procedure in this type of situation.

Monday, January 14, 2008

Ex-hotel manager surrenders to the FBI

$1.4 million in guest payments allegedly stolen

P-I STAFF

A former Tukwila hotel manager accused of stealing $1.4 million by diverting guest payments into his personal bank account turned himself in to the FBI on Monday.

Brian Fleet, 41, had been on the run for more than a year, federal authorities said.

Fleet used his position as general manager of the Residence Inn in Tukwila to defeat the hotel's computerized accounting system and steal checks submitted by month-to-month guests, according to court papers.

Assistant U.S. Attorney Norman Barbosa said he doesn't know why Fleet decided to turn himself in or what his life as a fugitive was like.

An FBI "wanted" poster said "Fleet is known to enjoy golf, gambling (and) attending professional sporting events."

According to court papers, Fleet began intercepting checks and depositing them in his own business account in 1999, continuing until April 2005.

Fleet, who made his first federal court appearance in Seattle on Monday, will remain in custody on four counts of wire fraud pending a detention hearing Friday.

If convicted, he faces up to 20 years in prison and a $250,000 fine.

Sunday, January 6, 2008

Shots fired outside Seattle nightclub

P-I STAFF

Bullets tore into a downtown Seattle business early Sunday morning just feet away from throngs of club-goers.

Just after 1:30 a.m., police were called to the 1900 block of Fourth Avenue after witnesses reported hearing more than a dozen gunshots ring out. Officers were unable to find any victims of the shooting, but the bullets did shatter two large glass windows at an auto shop across the street from Toi Restaurant and Lounge.

Witnesses at the club told police that a man who'd been standing across the street may have been the intended target, according to police. The man did not appear to be injured in the shooting, but had left the scene before police arrived.

According to police reports, security at the nightspot reported seeing a silver Chevy Impala sedan leaving the scene about the time of the shooting. No arrests were made immediately after the incident.

Friday, January 4, 2008

Former Tacoma cop sentenced for child sex crimes

KING5.com Staff

TACOMA, Wash. – A retired Tacoma police officer was sentenced Friday to nearly 20 years in prison for a litany of child sex crimes.

Lee William Giles Jr., 61, received 19 years, 8 months after pleading guilty late last year to first- and second-degree child rape, first-degree child molestation and third-degree assault.

His girlfriend, Maureen Wear, pleaded guilty to the same charges. She will be sentenced at a later date.

From the very beginning, the allegations against Giles were stunning. Prosecutors say Giles repeatedly raped his own girlfriend's young son over a period of years, videotaped the crimes, and that Wear – the victim's own mother – was involved in the attacks.

Court papers indicated that other female family members were also victimized. It was Mounting, gut-wrenching evidence that would doom either defendant during a trial.

Giles faced 17 different counts altogether, but because of the plea deal, that was knocked down to four counts.

Since Giles was a police officer, he most likely will not serve his prison time in a Washington state prison, but rather be sent out of state.

Thursday, January 3, 2008

Poulsbo cop accused of abusing authority to meet wome

By CHRIS DANIELS / KING 5 News

POULSBO, Wash – A Poulsbo Police detective is out of a job following a lengthy investigation into his alleged misuse of his police authority, including efforts to meet women.

The detective resigned after an internal affairs investigation cited several specific instances of abuse.

KING 5 received the 61 page report after filing a public disclosure request into the activities of the detective.

The internal affairs investigation, which was launched in September, was conducted by the Bremerton Police Department. It determined the Poulsbo detective used his access to private police databases to gather information on people for his own personal gain.

Among the findings, the detective:

-- Abused law enforcement authority.

-- Violated harassment policies.

-- Made untruthful statements about his behavior.

The report claims the detective "improperly accessed law enforcement databases for other than official purposes." The report says sometimes, the detective accessed the databases from home "likely… out of curiosity and personal reasons."

The report doesn't explain why he did it, but it says the detective ran checks on a former waitress "he had shown romantic interest in," and that records showed that he "ran the name of a Bremerton Police officer" that "many would consider attractive."

The report does not say what the detective was using the information for, but that others within the Poulsbo Police Department had concerns that he was using his position to meet women and that "he was pursuing women in an unprofessional manner."

The report concludes "his actions nearly meet the elements of the crime of stalking."

The report also attacks the credibility of the detective and his statements about past cases and incidents.

He resigned December 11, 2007 after being confronted with the report.

New Poulsbo Police chief Dennis Swiney says the resignation was not forced and that he does not believe a crime occurred.

The Kitsap County Prosecutor's Office says it was unaware of the allegations until being contacted by KING 5 News.

Tuesday, January 1, 2008

Bank robber caught after dye pack explode

P-I STAFF

A suspected bank robber was arrested Monday after a dye pack placed with the money exploded on him as he was exiting the bank, Bellevue police reported.

The robbery was reported about 12:20 p.m. at a Washington Mutual at 106th Avenue Northeast and Northeast Eighth Street, Bellevue police reported.

The robber handed a note to the teller implying that he had a weapon. Police and the FBI were investigating.

Police shoot at suspected drunk driver who tried to run down officer

P-I STAFF

BREMERTON -- Police shot at a suspected drunken driver Monday night after they say he tried to run down a police officer.

Police encountered the man around 7:40 p.m. when a 911 call reported a woman trying to jump out of his car. When police arrived at the scene, the woman jumped out and fled into nearby woods. An officer pursued her, and that's when the driver accelerated his car towards a second Bremerton police officer trying to stop him, police said.

That officer fired at the car and the driver jumped out and fled on foot.

Police later found the man and arrested him on charges of drunken driving and first degree assault.

Wednesday, December 26, 2007

Kent man who killed intruder had gun permit

Seattle Times staff

A Kent man who shot and killed an intruder inside his condominium Saturday had a concealed-weapons permit, police said.

The 28-year-old homeowner, whose name hasn't been released, shot the unidentified suspect when he returned home around 6 p.m. and saw the man inside, according to Kent police. Police spokesman Paul Petersen said the homeowner "legally possessed the weapon."

The deceased man, believed to be in his mid-20s, has been identified by the King County Medical Examiner's Office, but officials are still trying to reach his family, Petersen said.

Neighbors reported hearing between four to five gunshots, but there were no witnesses other than the homeowner and his girlfriend, Petersen said. After the man was shot, he ran through a broken sliding-glass door and died in the backyard. The glass door was broken before the confrontation, and it's possible that's how the man entered the locked home, Petersen said.

The man who was killed was dressed in black and wore a black hat. He was carrying a satchel-type bag that contained some stolen property from the couple's home, Petersen said.

Monday, December 17, 2007

Cocaine traffic shifts to Pacific, Guard says

P-I STAFF AND NEWS SERVICES

ASTORIA, Ore. -- Coast Guard officials say the bulk of cocaine trafficking over the high seas appears to be shifting from the Caribbean to the Pacific Ocean.

The maritime law enforcement agency nabbed more than 355,000 pounds during the past year, worth an estimated $4.7 billion.

And a recent bust by the Astoria-based Coast Guard cutter Steadfast may have bumped the scales a bit higher.

Crew members seized a Costa Rican fishing vessel and retrieved more than 80 bales of cocaine during a two-month deployment still under way on the Eastern Pacific.

The ship's helicopter crew spotted an 85-foot-long boat Nov. 28, which was reportedly carrying suspicious-looking bags and reversed direction as soon as those aboard noticed the aircraft.

With the helicopter in pursuit, the vessel's crew allegedly began throwing bags and bales of drugs overboard as they sped away from the cutter.

Ultimately, seven people were taken from the vessel and kept aboard the Steadfast that night. Once daylight broke, the Coast Guard seized 81 bales and 49 bricks of cocaine, tipping 4,558 pounds on the scale and carrying an import value of $61 million, according to the agency.

Sunday, December 16, 2007

House Judiciary Leader Criticizes DEA’s Attacks On Medi-Pot Dispensaries

December 13, 2007 - Washington, DC, USA

Washington, DC: Efforts by the US Drug Enforcement Administration (DEA) urging landlords in California to evict tenants who legally dispense medical cannabis to state-authorized patients has drawn public criticism from US Congressman John Conyers (D-MI), Chairman of the House Judiciary Committee.

In a statement issued Friday by the 21-term Congressman, Conyers said: "I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts."

In July, DEA administrators mailed letters to dozens of landlords in Los Angeles warning owners that they risk arrest, up to 20 years in prison, and the loss of their property if they continue renting to cannabis dispensaries. Since that time, similar letters have been sent to the landlords of other medicinal cannabis providers throughout the state, including several in San Francisco, leading to the closure of various high-profile dispensaries.

Last week the Arts District Healing Center, a Los Angeles-based medical cannabis provider, filed a federal lawsuit in US District Court claiming that the DEA extorted its landlord by sending a letter threatening imprisonment and property seizure.

House oversight hearings regarding the DEA’s actions are anticipated to take place early next year.

For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500 or Dale Gieringer, California NORML Coordinator, at (415) 563-5858. A transcript of Representative Conyer’s remarks appear online at: http://judiciary.house.gov/newscenter.aspx?A=889.

Saturday, December 15, 2007

City of Garden Grove v. Sup. Ct. Orange County - Recent California Marijuana Case

Case Name: City of Garden Grove v. Sup. Ct. Orange County, District: 4 DCA ,
Division: 3 , Case #: G036250
Opinion Date: 11/28/2007 , DAR #: 17553

Case Holding:
Health and Safety Code section 11473.5, subdivision (a), permitting the return of controlled substances lawfully possessed by the defendant, is consistent with the Compassionate Use Act [CUA] (Health & Saf. Code, sec. 11362.5) and is not superseded or preempted by federal drug laws. Following a traffic stop by Garden Grove Police officers for failing to yield at a right light, Mr. Kha consented to a search of his car and a small amount of marijuana was seized from a cloth bag. Marijuana possession charges were subsequently dismissed by the prosecution when Mr. Kha provided a statement from his doctor authorizing the use of medical marijuana and the trial court then granted Mr. Kha¢s motion for return of the marijuana. The City of Garden Grove filed the instant petition for writ of mandate/prohibition, challenging the order. The court found the city had standing because constitutional concerns respecting the relationship between state and federal law were implicated and the city would not otherwise be able to obtain judicial review of the trial court¢s order. The court then ruled that for purposes of state law, Mr. Kha, by virtue of meeting the criteria of the CUA, was in legal possession of the marijuana. The City argued that the federal Controlled Substance Act [CSA], prohibiting marijuana possession, nevertheless, justified destruction of Mr. Kha¢s property legally held under the state law. But judicial enforcement of the CSA is precluded because possession of medical marijuana does not constitute an offense under both federal and state laws. (People v. Tilehkooh (2003) 113 Cal.App.4th 1433 [state courts have no authority to enforce federal statutes].) The court also rejected the claim that the supremacy clause [Article VI of the U.S. Constitution] allowed the court to find the federal drug laws preempted state law insofar as allowing return of medical marijuana to qualified users. There is an assumption against preemption and in enacting the CSA, Congress made it clear that it did not intend to preempt the states on the issue of drug regulation. (Gonzales v. Oregon (2006) 546 U.S. 243, 251.) Although the court found against preemption, it made it clear that the CUA does not exempt medical marijuana possession from federal prosecution. Finally, the court found that under the 14th Amendment of the U.S. Constitution, due process does not permit police to retain a person¢s legally possessed property and Mr. Kha¢s property was ordered returned to him. In light of the finding that federal law does not control in this case, the court did not reach the argument that destruction of Mr. Kha¢s marijuana would violate the Tenth Amendment which reserves residual powers of the federal government to the states.

Wednesday, December 12, 2007

Woman pleads guilty to drunk-driving deaths

P-I STAFF

A 20-year-old Jefferson County woman pleaded guilty Tuesday to two counts of involuntary manslaughter in U.S. District Court in Tacoma.

Sela Kalama admitted that in the hours before crashing her car, she had numerous bottles of beer at a party on the Lower Elwha Klallam Indian Reservation, just outside Port Angeles, in Clallam County.

Under sentencing guidelines, Kalama could face up to 36 months in prison. Sentencing is set for March 7. Kalama lives in Queets, near the western edge of the Olympic National Park.

According to reports, Kalama had six teenage passengers in her car March 18 when she drove into the Elwha River at 3 a.m. Four of her passengers escaped, but two passengers, Vanna Francis, 16, and Ronnie Scroggins, 15, were not able to get out of the car and drowned.

Witnesses also said Kalama was texting on her cell phone when the accident happened. She sent one text message about 90 minutes before the car went in the water stating "I'm drunk."

The case was investigated by the FBI, the Clallam County Sheriff's Office and the Lower Elwha Tribal Police.

Monday, December 10, 2007

Judge's "shocking" words at meeting lead to censure

By Stephanie Rice
The (Vancouver, Wash.) Columbian

Clark County Superior Court Judge John Wulle has been censured for "demeaning, offensive and shocking" behavior at a training conference last year.

Wulle, 57, appeared before the state Commission on Judicial Conduct on Friday in SeaTac.

The judge and seven other people from Clark County, including a deputy prosecuting attorney, a juvenile probation officer and a defense attorney, attended "Planning Your Juvenile Drug Court," July 24 to 28, 2006, in Los Angeles.

According to a nine-page document posted on the commission's Web site, Wulle used profanity, made an obscene gesture in response to a request to lower his voice, and referred to Clark County's group facilitator as "the black gay guy" while at the Los Angeles event. Also, after the facilitator said, "Clark County gets a star" for finishing an assignment, Wulle said, "I don't need a star. I'm not a Jew."

Several witnesses said Wulle smelled of alcohol, according to the censure order.

"[Wulle] denies consuming alcohol at any time during the conference," the order reads. "He recalls suffering from a cold and taking cough syrup, and suggests the odor from the cough syrup may have been misconstrued as an odor of alcohol."

For sanctions, Wulle must take 10 hours of judicial-ethics courses and obtain a drug and alcohol evaluation. If a counselor recommends treatment, then the counselor must submit progress reports to the commission every six months.

Wulle must also take seven hours of racial, religious, sexual-orientation and diversity training.

A censure is the most severe disciplinary action the commission issues, short of asking the state Supreme Court to suspend or remove a judge. Wulle is the first Clark County Superior Court judge to be censured, and only the second local Superior Court judge to be disciplined.

In 1995 a judge was "admonished," the lowest form of discipline, for providing written testimony on behalf of a friend in a child-visitation case in another county. Judges are not supposed to give such opinions without a subpoena.

Wulle said Friday he will use the incident as a learning experience.

"It was never my intent to offend anyone, and I apologize to anyone who was offended," he said.

When Wulle first responded to the allegations in February, he denied impropriety. He wrote to the commission that he has learned "that I cannot step out of my role as a judge even when I'm 2,000 miles away."

But Wulle was sent to the conference in the first place because of his role, the commission noted.

"Because of the special position judges hold in society — as standard bearers of fairness and impartiality — a judge's conduct of personal behavior must, at all times, be above reproach," the commission wrote.

"[Wulle's] actions not only reflected poorly on himself, but also on his fellow team members, his court, Clark County and the state of Washington," the commission wrote. "[Wulle's] inappropriate behavior significantly undermined the team's respect for him. Witnesses at the conference variously described his actions as embarrassing, demeaning, offensive and shocking. Several team members discussed [Wulle's] problematic behavior with their colleagues and supervisors — further eroding public regard for him and the judiciary."

The commission said Wulle's conduct "appears to have been an aberration" and that witnesses do not think Wulle is racist, homophobic or anti-Semitic.

Wulle's reputation is "generally that of a thoughtful jurist," the commission wrote.

But the commission said it censured Wulle, as opposed to a less-severe sanction, partly because of his attitude.

Wulle has demonstrated a lack of personal insight, had never apologized and, when confronted by witnesses or other judges who heard about his behavior, has been "dismissive" of their concerns, the commission wrote.

Wulle, a former assistant attorney general, was appointed by Clark County commissioners to the District Court bench in 1997.

In 2000, he was elected to an open seat on the Superior Court bench. He will be up for re-election next year.

Clark County did start a juvenile drug court this year, but after presiding Superior Court Judge Robert Harris learned about Wulle's behavior at the conference he reassigned the project to Judge James Rulli.

Harris was out of town Friday, but Judge Barbara Johnson, the second-most senior member of the bench, said the censure order is taken seriously.

"We hope that the appropriate steps are taken to learn from it and move on," she said.