Lewis County Sirens.com

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The mother of the 4-year-old Winlock boy whose bruises and wounds led to child assault charges for her live-in boyfriend in December was arrested yesterday, just hours after the boyfriend pleaded guilty to reduced charges.

Heather L. McNurlin, 23, was charged in Lewis County Superior Court today with third-degree assault of a child, as an accomplice.

Lewis County Deputy Prosecutor Joely O’Rourke said McNurlin was present when the abuse was inflicted, and some of it was even her idea. She wasn’t charged earlier, because she was a witness for her boyfriend’s case, O’Rourke said.

The Lewis County Sheriff’s Office investigation began when the child was brought by his grandmother to the hospital emergency room to be looked at on Nov. 30. Among the boy’s various injuries were bruises on the outsides of his legs he said he got from “knife hand” spankings because he broke house rules by stealing food.

The mother said she and 31-year-old  Ryon T. Connery had been in a dating relationship about four months. The little boy was taken out of the home McNurlin and Connery shared and placed with his grandmother.

Charging documents in McNurlin’s case allege Connery had her permission to punish her child by ordering him, for example, to do “wall sits” for approximately five minutes, sometimes with a weighted bag over his head. In one instance when the boy took bread without permission and also wet his pants, he was taken outside and hosed off with cold water, at night, according to the allegations.

McNurlin explained to a detective her son was on a very strict diet of only fruits and vegetables, the documents state.

The couple attend marital arts classes in Longview, and when queried by a detective, the instructor – a 20-year practitioner of martial arts – said he could not hold a wall sit for more than one minute.

When the boy was brought to the hospital, he had a broken finger he said occurred when he dropped a weight on it, a scraped nose he said was from falling on his face trying to get away from a spanking and he spoke of being dunked in a dirty outdoor pool, according to charging documents.

A doctor who reviewed the case opined the child was malnourished and was the victim of starvation as well as abuse, both mentally and physically, according to the documents.

Connery was initially charged with two charges of second-degree child assault, but O’Rourke told a judge yesterday the evidence didn’t include intention on Connery’s part, so she and defense attorney David Arcuri agreed to one count of third-degree child assault.

Judge Richard Brosey accepted Connery’s guilty plea during the short hearing yesterday morning.

The lawyers said they both will recommend 16 months of incarceration when Connery is sentenced next month.

This afternoon, when McNurlin was brought before Judge Brosey, O’Rourke and defense attorney Bob Schroeter both said McNurlin is working very hard at her parenting classes as required in the dependency action which is underway.

McNurlin’s bail was set at a $5,000 unsecured bond and the judge said she may only have contact with her son as allowed by the court in the separate civil action.

Her arraignment is scheduled for Feb. 1 with a court-appointed attorney.
•••

For background, read “Child assault charged in case of 4-year-old Winlock boy” from Thursday December 5, 2013, here

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Lewis County sheriff’s deputy arrested for drunken driving two weeks ago quit today, rather than continue through the internal process that likely would have ended with him getting fired.

Sheriff Steve Mansfield said he was notified this morning Chris Fulton was resigning, effective today.

Fulton 31, was pulled over by a trooper on Jan. 4 just before 1 a.m. for speeding southbound on Interstate 5 through Centralia. He said he’d had a few drinks at the casino and thought he was okay to drive, but found himself in the back of a patrol car even before blowing a blood alcohol content reading of .172.

He was placed on paid administrative leave from his job. He has pleaded not guilty in Lewis County District Court.

Mansfield said the nearly six-year veteran of his office was a top performer and a valued employee, but drinking and driving among his employees is unacceptable and won’t be tolerated.

It was just four months earlier when another deputy was arrested for driving under the influence. Deputy Jeffrey S. Humphrey received some serious sanctions, but didn’t lose his job.

Mansfield said the internal review for Fulton was not yet finished, but in looking at the entire situation, the most likely outcome was going to be termination. And Fulton probably realized that, he said.

A significant difference in the two cases was how Fulton appeared to attempt to use his position as a deputy to influence the trooper who stopped him, according to Mansfield.

“If you look at the report, one of the things that stood out was his conversation with the trooper about who he was, there was an indication he was a police officer,” Mansfield said. “That’s substantially different from Humphrey’s case. Humphrey did not do that.”

Mansfield in a news release today attempted to share the philosophy behind the balance he tries to strike regarding his responsibilities to the public and to his employees.

“Your sheriff’s office is committed to serving the public and achieving our mission in a way that promotes trust, is responsible, respectful, fair and caring,” he wrote. “Employees who are unable or unwilling to uphold this commitment cannot work for the Lewis County Sheriff’s Office.”

In an interview, he spoke of the high priority society has placed – and for good reasons – on keeping impaired drivers off the roads and the procedures he has in place for getting assistance for substance abuse issues to employees who might need it.

Mansfield has admitted from the beginning what an embarrassing position he finds himself in.

“It is what it is,” he said. “It’s sad and tragic for a number of reasons. We’re going to work real hard to make sure the public doesn’t lose trust with us in doing our job.”

There is very high bar for a deputy to be able to continue working for him should they get arrested for something like this, according to Mansfield.

In Humphrey’s case, the sheriff imposed a two-week unpaid suspension, demoted the deputy and tied his continued employment to the conditions imposed by the court.

“A DUI is huge,” Mansfield said. “But if someone is hurt, or you try to use your influence, that’s basically a nail in the coffin.”
•••

For background, read “Report: Off-duty deputy seemed to want favorable treatment during DUI  stop” from Wednesday January 8, 2014, here

Medics prepare to transport ATV accident victim on Grimes Road / Courtesy photo by Lewis County Fire District 2

Updated

By Sharyn L. Decker
Lewis County Sirens news reporter

A 17-year-old Toledo boy whose ATV lost a tire and flipped several times earlier today has been airlifted to a Seattle trauma center.

Deputies are investigating the incident that occurred about 1:20 p.m. today at the 300 block of Grimes Road near Toledo, according to the Lewis County Sheriff’s Office.

Chief Civil Deputy Stacy Brown said in a news release the teen was traveling on the roadway when a rear tire came off its rim, possibly due to low air pressure.

The young man’s head hit the pavement, according to Brown. He wasn’t wearing a helmet.

Lewis County Fire District 2 Chief Grant Wiltbank said he was knocked out, but conscious when the fire department arrived.

He was flown from the Toledo Airport to Harborview Medical Center in Seattle.

Updated at 5:48 p.m.

By Sharyn L. Decker
Lewis County Sirens news reporter

A 70-year-old Cottage Grove, Ore. man was killed upon impact when his car traveling at a high rate of speed slammed into a concrete wall in Vader this morning.

Deputies and troopers responding about 11:30 a.m. found the vehicle was southbound on Winlock-Vader Road and failed to stop at the stop sign, crossing state Route 506 and hitting the wall in front of a former gas station, according to the Lewis County Sheriff’s Office.

Chief Civil Deputy Stacy Brown said the driver was ejected.

A dog that was with him survived with a possible broken back, and is being treated, according to Brown.

Brown said it’s not yet clear why the collision occurred. Law enforcement officers remain on the scene investigating, she said.

Trooper Will Finn, a spokesperson from the Washington State Patrol, said there were no signs of braking.

The Lewis County Coroner’s Office will be attempting to locate next-of-kin, before which the man’s name would not be released.

Updated at 12:09 p.m.

By Sharyn L. Decker
Lewis County Sirens news reporter

A 63-year-old Toledo man is dead after a logging accident yesterday afternoon about four miles east of Toledo.

It appeared he was working alone when a tree fell on him, according to Lewis County Fire District 2.

“My understanding is the deceased was overdue and a relative or relatives went to the job site and found him,” Fire Chief Grant Wiltbank said.

The Lewis County Sheriff’s Office said it occurred between 3 p.m. and 5 p.m. yesterday in a wooded area at the 200 block of Maw Road. Firefighters, medics and deputies responded to the call at 5 p.m.

The Lewis County Coroner’s Office identifies him as Alex Oberg.

Sheriff’s spokesperson Sgt. Rob Snaza said it appeared the victim was employing a “domino” tree falling technique in which saw cuts were made to multiple trees in order to create a cascade of falling trees.

Wind gusts may have caused some to fall while he was cutting others, Snaza said.

The state Department of Labor and Industries and the coroner’s office are conducting investigations, according to Snaza.

Coroner Warren McLeod said an autopsy is scheduled for tomorrow, but there is no reason to think it was anything other than an accident.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – There are hungry kids in Onalaska.

Tawyna White, one of the four “lunch ladies” at the rural school district who has helped cook and serve meals since 2005 sees it and has been contemplating for the past couple of years what to do.

“When kids eat lunch or breakfast, sometimes they come up and tell me they’re still hungry,” White said. “So I wonder, if they’re getting hungry when they’re getting food here, are they hungry on the weekend?”

The school district southwest of Chehalis teaches somewhere around 750 children, and two-thirds of them reside in households whose financial situations qualify them for free or reduced price lunches, according to White.

Part of White’s job involves processing those applications and the need seems to be growing, she said.

Onalaska has its share of “homeless” families, a descriptor that includes those who reside with relatives, non relatives or maybe even in just a travel trailer, but it’s not only them, White said.

“A lot of families are just struggling to make ends meet,” she said. “It seems to be especially since the recession; it hasn’t gotten any better for out here yet.”

Even with food stamps and a local food bank some children don’t get enough to eat, she said.

The idea White has been considering, is something already done at an elementary school in Centralia and also in Longview, she said.

It’s a way to help make sure needy students don’t go hungry on weekends.

It’s called the backpack snack program and the way it works is each qualifying child will receive a backpack filled with snacks and food to take home each Friday and  then on Monday, they would return it to the school again to be replenished at the end of the week.

The program is starting now, with whatever donations of new or used-but-in-very-good-condition backpacks and non-perishable food items the community can give.

“I just decided before Christmas break, I’m going to get it going now,” White said.

They’re not yet set up to accept cash donations. And they can’t take fresh fruits or vegetables or anything that is perishable because there is no place to store it, she said.

Her ultimate goal is to send food home with everybody that needs it, she said. She estimates that’s between 200 and 300 youngsters. “But that’s just a dream right now.”

The Lewis County Sheriff’s Office Association learned of White’s plan last week. Yesterday, they put up a collection box at the sheriff’s office in Chehalis.

Items can be brought there, or to the Pizza Girl on state Route 508, or to the Onalaska Elementary-Middle school office between the hours of 7:30 a.m. and 4 p.m.

The following is a list of what they could use. They don’t need to actually be name brand goods:

• Back packs, new or in very good condition
• Chicken Top Ramen
• Beef Top Ramen
• Quaker Instant Oatmeal
• Carnation Instant Breakfast drink mix
• Nutri-grain Breakfast bars
• Instant Mac ‘n Cheese
• Quaker Chewy granola bars
• Stretch Island Fruit Co. fruit leather strip
• Tree Top fruit chews
• Del Monte fruit cup
• Annie’s Homegrown cracker / cookie
• Austin’s Cracker (peanut butter / cheese)
• Capri Sun Juice
• Canned soup
• Any other non-perishable nutritious items that a child would enjoy

•••

CORRECTION: This news item has been updated to reflect the correct name of the Pizza Girl.

The Washington State Supreme Court listens to oral arguments in March in the case of Stephen C. Johnson. / Courtesy image from TVW

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Lewis County case which could have eliminated an enormous part of the state’s system of driver’s license suspension has ended without that result.

In a five to four decision, the Washington State Supreme Court upheld a Lewis County man’s conviction for driving while license suspended in the third degree.

The court declined to address Stephen C. Johnson’s attorneys’ claim of “driving while poor” concluding Johnson wasn’t poor enough in the right way to have standing to make the challenge.

However, the nine justices did decide Johnson was poor enough he should have been entitled to appointed counsel for his appeal. The case was remanded to Lewis County District Court to address that issue.

The case was argued to the Supreme Court last March by Olympia attorney Kevin Hochhalter and Lewis County Deputy Prosecuting Attorney Shane O’Rourke. It’s opinion was issued on Thursday.

Johnson appealed the conviction on two grounds, first, his attorneys argued the DWLS 3rd statute did not actually forbid his continued driving, in his particular case, after he contested and lost his 2007 civil infraction for driving with an expired license.

He was fined $260, he did not pay and the court notified the state Department of Licensing he failed to pay, so they suspended his license. His arrest for DWLS 3rd – a criminal misdemeanor – came in September 2008 when a Lewis County sheriff’s deputy spotted his truck driving without a rear bumper or mud flaps and pulled him over.

Johnson contended that because the notice of infraction did not expressly require him to pay a fine, he had not violated its terms. The majority of the court disagreed with him.

In a nine-page dissent authored by Justice Charles K. Wiggins, he and the remaining members of the court however, sided with Johnson’s lawyers on that point.

On the second aspect of Johnson’s appeal, his lawyers argued that because he is indigent, the suspension was invalid under the Fourteenth Amendment to to the United States Constitution’s due process and equal protection clauses.

But that argument, that the state or the court should have but didn’t inquire about his ability to pay the $260 infraction –  before sending off notice to DOL  – simply did not get examined by the Supreme Court.

The Lewis County man may be poor, but he had assets, according to the court.

In the record was his testimony he had no income and had not worked for 30 years, but owned a $300,000 home free and clear.

The court said Johnson could have borrowed money to pay the original traffic fine.

Since he didn’t meet the necessary definition for indigence, the full court agreed, he didn’t have standing to challenge the suspension on that basis.

Finally, however, for the purposes of qualifying for a court-appointed lawyer for his appeal, Johnson should have been found indigent, the court said.

Under Washington state statute he met its requirements in that he received state aid in the form of food stamps and energy assistance, the court wrote.

The Supreme Court ordered Lewis County District Court to enter an order designating Johnson indigent, or indigent and able to contribute, and if the latter, then determine the costs he should bear for his appeal.
•••

For background, read the decision here.

Watch and listen to appeals attorney Kevin Hochhalter and Lewis County Deputy Prosecuting Attorney Shane O’Rourke address the court in March, here