Saturday, March 14, 2009

Soliciting prostitutes could become more costly

By CHRIS DANIELS / KING 5 News

KENT, Wash. – Should police be allowed to impound cars used by men who solicit prostitutes?

That's the pitch from the Kent Police Department, which is pitching the idea as a new way to deter prostitution in their city.

"Our neighborhood along Pacific Highway South deserves better, and that's part of the initiative and that's part of the message to change the paradigm," says Kent Police Chief Steve Strachan.

Strachan's department has recently been cracking down on the crime in recent months, while pitching a proposal to State Lawmakers.

Two bills are now in the Legislature which would impound the cars of suspected Johns, and force them to pay a $500 fine to get it back.

"All of those dollars (would) go to a state fund that funds intervention and prevention, so instead of Johns approaching the girls, we have service workers approaching them," Strachan says.

The local chapter of the ACLU says it has no objections to the bill in its current form, and is not taking a stance on the issue.

The two bills:

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1362&year=2009

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5934&year=2009

Suspended Wash. policeman found not guilty

A suspended policeman has been acquitted of first-degree assault and reckless endangerment by a Spokane County Superior Court jury for shooting a man in the head two years ago.
SPOKANE, Wash.

A suspended policeman has been acquitted of first-degree assault and reckless endangerment by a Spokane County Superior Court jury for shooting a man in the head two years ago.

A city spokeswoman told The Spokesman-Review after Friday afternoon's verdict that 45-year-old officer Jay Olsen will be paid all his back pay according to civil service rules. He is a 16-year veteran of the Spokane Police Department.

Following his acquittal, Olsen was placed on paid administrative leave pending the outcome of an internal affairs investigation. He had been on unpaid layoff status since his April 2007 arrest.

Olsen was charged with first-degree assault and two counts of reckless endangerment after a chase Feb. 26, 2007, that ended in the shooting of 29-year-old Shonto Pete in a Spokane neighborhood. He was off duty at the time of the shooting.

The bullet that hit Pete in the head lodged in his scalp.

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

Tuesday, March 10, 2009

Manslaughter charge in Fort Lewis girl's death

The Army has charged a 19-year-old soldier from Indiana in the fatal drug overdose of a 16-year-old girl at a Fort Lewis barracks.


FORT LEWIS, Wash.

The Army has charged a 19-year-old soldier from Indiana in the fatal drug overdose of a 16-year-old girl at a Fort Lewis barracks.

Pvt. Timothy E. Bennitt, a heavy construction equipment operator from Rolling Prairie, Ind., faces charges of involuntary manslaughter, wrongful use and distribution of controlled substances, and conspiracy to use controlled substances. He is assigned to the 555th Engineer Brigade.

The girl, Leah King, a high school sophomore from Lakewood, had been dating Bennitt for about a month, officials said. She was found dead in the barracks early on Feb. 15. Another 16-year-old girl was found unconscious and eventually recovered. Army pathologists and investigators determined that King overdosed on an antidepressant marketed as Xanax and a painkiller called oxymorphone, some of which she had apparently inhaled after the pills were crushed.

Army officials said Bennitt, 19, is also under investigation for distributing drugs to other soldiers, including oxycodone and marijuana, and taking drugs himself. If convicted of all charges he could face up to 82 years in confinement, forfeiture of all pay and allowances, and a dishonorable discharge.

The charges against him will be presented to an investigating officer in an Article 32 hearing, the equivalent of a civilian grand jury, and that officer will recommend whether to proceed with a court martial.

King's death revealed that many juveniles from the area enter Fort Lewis with soldiers to attend parties. In response, the base changed its procedures to require all minors to be signed in at the Fort Lewis visitor center, and to deny access to those who do not appear to have a legitimate reason for being on base. Officials also increased the number of random checks they do of cars entering the base to ensure minors aren't entering the post inappropriately.

Bennitt entered the Army in June 2007 and reported to Fort Lewis that December, after training at Fort Sill, Okla., and Fort Leonard Wood, Mo. He has not deployed to Iraq or Afghanistan.

Monday, March 9, 2009

Criminals could be free from probation

By MADELYN FAIRBANKS
P-I REPORTER

OLYMPIA -- A bill that would allow certain criminal offenders to say goodbye to their community supervision made it through another one of the Legislature's hoops this week, but concern about the measure remains.

At the bill's first hearing in the House, Don Pierce, executive director of the Washington Association of Sheriffs and Police Chiefs, supported the bill "with some discomfort," but felt that if the Legislature must make cuts in the Department of Corrections, supervision of low- to moderate-risk offenders would be the right place.

Lawmakers, facing an $8 billion budget deficit, are looking for ways to save money.

The bill's original sponsor, Sen. James Hargrove, D-Hoquiam, estimates the cost savings to the state to be roughly $40 million for the next biennium, with $1.5 million in savings for the current biennium if the Legislature moves quickly enough.

"This measure, if enacted, will have some level of adverse affect on community safety," Pierce said. "But other places would have a much more significant impact on the community we're sworn to protect."

Senate Bill 5288, which would lower the number of criminal offenders on parole or probation, reflects suggestions made by the governor to reduce the growing budget deficit by making cuts in the Corrections Department.

The current, revised bill would eliminate supervision of low- and moderate-risk offenders unless they were convicted of a violent offense, a crime against a person, or ordered to chemical dependency treatment.

Their supervision would be terminated after six months if they have not reoffended.

Those offenders categorized as high risk, or low to moderate risk convicted of a sex offense, would still be supervised.

Rep. Bruce Dammeier, R-Puyallup, is concerned that the bill doesn't address the issue of domestic violence seriously enough.

"I will be looking very closely to the areas of gross misdemeanants with relation to domestic violence," Dammeier said.

Under the current wording of the bill, gross misdemeanants would not be supervised by parole or probation.

There are 4,300 gross misdemeanants who would be unsupervised under SB 5288.

"I'm sensitive to the fact that we need to protect" domestic crime victims, Dammeier said.

Some domestic violence offenders are put in the high-risk or gross misdemeanant probationer category -- under current law, these types of offenders are under supervision by a corrections officer.

SB 5288 would eliminate their supervision completely.

Hargrove said changing the bill so that these specific levels of domestic violence offenders would be supervised would cut the majority of the state's potential savings.

"We looked at that, and I believe that such a large percentage of those, if you included all domestic violence offenses, your savings would drop to about $10 million," Hargrove said.

"In other words, it's a huge chunk of that bottom category, so it was a very big moving piece."

Although some domestic violence offenders won't escape supervision because their relative threat to the community will put them in a high-risk to reoffend category, Ginger Richardson, a community corrections officer in King County, is concerned that their convictions, and therefore their categorizations, won't accurately depict the seriousness of their threat level.

"It's usually about the fifth or sixth time that (domestic violence victims) finally call the cops, that they go forward with filing charges.

"They've got to survive, they've got kids, things like that," Richardson said.

Richardson also worried that with the elimination of supervision for some domestic violence offenders who are categorized as misdemeanants by having pleaded down their charges, corrections officers would have no way of enforcing the offender to go to treatment.

"Many just wouldn't go," Richardson said.

The cost-savings would ultimately mean a big job loss for community corrections officers.

Eldon Vail, secretary of the Department of Corrections, estimates that nearly 300 jobs would be lost.

"Primarily how to save money will be laying off staff," Vail said.

Thursday, March 5, 2009

Army captain charged with stealing $690,000

An Army captain stationed at Fort Lewis has been charged with stealing nearly $700,000 from the government while he was serving in Iraq.

PORTLAND, Ore.

An Army captain stationed at Fort Lewis has been charged with stealing nearly $700,000 from the government while he was serving in Iraq.

A federal grand jury in Portland indicted Capt. Michael Dung Nguyen on charges of theft of government property, money laundering and structuring financial transactions.

The indictment alleges that between April 2007 and February, the 28-year-old Nguyen stole more than $690,000 in U.S. currency entrusted to him as the battalion civil affairs officer in Muqdadiyah, Iraq.

Prosecutors say the funds were designated for local commanders in Iraq and Afghanistan to respond to urgent humanitarian relief and reconstruction.

The indictment resulted from an Internal Revenue Service investigation after IRS agents tracked large cash deposits.

Monday, March 2, 2009

Threat to kill Wash. municipal judge reported

One man has been arrested and police are looking for a second man after a threat to kill Tacoma Municipal Court Elizabeth Verhey was reported.

TACOMA, Wash.

One man has been arrested and police are looking for a second man after a threat to kill Tacoma Municipal Court Elizabeth Verhey was reported.

Pierce County prosecutors have charged Ronald Ewing, 51, with intimidating a judge and felony harassment. Darrel Talbott, 61, also was charged and is being sought by police.

Prosecutors said a witness told police that he heard Ewing and Talbott discussing killing the judge sometime in February.

Court papers said the witness told police that Talbott ordered guns by telephone and that the two men discussed "taking a 'long shot' at the judge with a rifle." The News Tribune reported the men were apparently angry at a sentence she gave Talbott.

The court papers said the witness told police the threats were made at a house in Tacoma.

The documents said Ewing mentioned that Verhey was about to sentence him, and Talbott responded by saying he wanted to harm her.

"The witness expressed the belief that Talbott was angry enough to kill Judge Verhey," the papers said.

Talbott has been before Verhey many times and Ewing had a scheduled court date Wednesday in Tacoma Municipal Court, according to the papers. They didn't specify what the charge is, but KING-TV reported that the judge was scheduled to sentence Talbott for a drunken driving charge this month.

Tacoma police spokesman Mark Fulghum said Ewing was arrested Thursday. He was arraigned in Pierce County Superior Court Friday.

Meanwhile, Verhey is refusing to talk to the media because of safety concerns and didn't let television cameras in her courtroom last week.

Court Administrator Yvonne Pettus said she was working with officials at the County-City Building to ensure that courtrooms are secure.

"The judge is just being careful, changing driving routes, that kind of thing," Pettus said.

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Information from: The News Tribune, http://www.thenewstribune.com

Seattle Marijuana Policy Review Panel Concludes I-75 Working As Intended

From NORML Website

January 3, 2008 - Seattle, WA, USA

Seattle, Washington: Initiative 75, passed by the Seattle, WA voters in September of 2003, requires that "the Seattle Police Department and City Attorney’s Office shall make the investigation, arrest and prosecution of marijuana offenses, when the marijuana was intended for adult personal use, the city’s lowest law enforcement priority." The ordinance subsequently adopted by the Seattle City Council to implement the new policy included provisions for the president of the city council to appoint an eleven-member Marijuana Policy Review Panel to assess and report on the effects of this ordinance.

Today, following more than three years of meetings and reviews, the Marijuana Policy Review Panel issued their final report, including the following conclusions and findings:

I. I-75 was implemented and following its implementation there were reductions both in the number of Seattle Police Department marijuana incident referrals and in the number of Seattle City Attorney filings of marijuana charges, although it is impossible to say whether these reductions were the result of I-75;

II. There is no evidence of any adverse effect of the implementation of I-75, including specifically

1. no evident increase in marijuana use among youth and young adults:

2. no evident increase in crime; and

3. no adverse impact on public health.

III. There is some evidence of arguably positive effects from I-75in the following substantive areas examined:

1. Fewer adults experiencing the consequences of involvement in the criminal justice system due to their personal use of marijuana; and,

2. A small reduction in the amount of public safety resources dedicated to marijuana possession cases and a corresponding slight increase in availability of these resources for other public safety priorities.

The panel then recommended that the City Council (1) keep the current ordinance in effect; (2) require the City Attorney’s Office to provide the city council with an annual report describing the disposition of each case in which an individual was referred for misdemeanor marijuana charges, tracking the disposition of the charges, including an analysis of the racial and gender breakdown of those referred for prosecution; and (3) disband the Marijuana Policy Review Panel.

NORML Board member Dominic Holden, a Seattle resident who led the successful effort to pass I-75 and is one of the 11-members appointed by the City Council President to serve on the review panel, stated:

"The panel’s report is the first of its kind in the US to show that de-prioritizing marijuana enforcement has no negative impact on society. In contrast, this report shows that the measure freed up limited law enforcement resources to focus on violent and dangerous crime. This is the result that initiative backers and endorsers, including the League of Women Voters, promised voters when I-75 was on the ballot.

To view the final version of Seattle’s Marijuana Policy Review, visit http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe?s1=&s2=&s3=&s4=marijuana&Sect4=AND&l=20&Sect2=THESON&Sect3=PLURON&Sect5=CFCF1&Sect6=HITOFF&d=CFCF&p=1&u=%2F%7Epublic%2Fcfcf1.htm&r=1&f=G

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.