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Dog dead after encounter with Chehalis police officer

Saturday, September 28th, 2013
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Bruce Beauregard reads the police report describing the officer’s version of what happened to his dog.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A 68-year-old Chehalis man has contacted an attorney after retrieving his dog from the city animal shelter and finding it had a broken jaw.

Bruce Beauregard is both steaming mad and broken hearted about his 6-year-old Dachshund-mix he called Rowdy.

Beauregard was alarmed when the police officer sent to collect his pet said the dog was aggressive so he “offered him his boot” and then horrified when he saw his dog sitting in the kennel with his head hanging down and his face smashed up. He said he was afraid to look closely, but when he rushed to his veterinarian, his fears were confirmed.

“The poor little guy, he couldn’t even lick me or lick my face,” he said.

The 16-pound dog was euthanized the same day.

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Rowdy with broken jaw

The city denies the animal was kicked, but it’s an injury the veterinarian said he hasn’t seen in 30 years of practice. The bone was fractured completely, not just cracked, on both sides, according to Dr. Mark Giffey.

“It’s a little unusual to see both the left and right side, because usually there is an impact site,” Giffey said.

Chehalis Police Department Officer Bruce Thompson stated in a written report the Dachshund lunged at him so he offered the left toe of his shoe as a barrier. Thompson wrote the animal bit the toe and as it shook its head from side to side he heard a snapping sound; the dog let go and backed away.

Police Chief Glenn Schaffer said he has absolutely no doubt it happened the way his officer described.

“What Officer Thompson did is what anybody would do if about to get bit,” Schaffer said. “Offering a dog a shoe to bite is better than offering an arm or a hand.”

For Beauregard, a bachelor, whose constant companion is now buried in his backyard, the explanation doesn’t pass the smell test. He’s hoping his lawyer can make things right.

“I want to prosecute the guy that did this,” he said. “It’s awful, uncalled for and totally inhumane.

“If I did that to my neighbor dog, I know would happen to me. I’d be arrested, put in jail and fined for animal cruelty.”

Rowdy’s stay in the city’s temporary animal holding facility at the end of last month was unplanned. It began the evening of Aug. 23 when Beauregard was pulled over by a Chehalis police officer for weaving down South Market Boulevard and arrested for drunk driving.

According to the police report, the small dog in his truck was very aggressive when a second officer came to take the dog away.

Chief Schaffer points out the two officers got Beauregard out of the back of the patrol car and out of his handcuffs so he could assist in moving the dog. Beauregard said he helped them leash and muzzle Rowdy who was understandably upset.

“He was very protective of me, and didn’t like strangers handling me,” he said.

He said he warned them his pet wouldn’t like going to a kennel, wouldn’t be happy and wouldn’t eat.

Rowdy was taken to the city’s shelter off Kresky Avenue and after the officer finished getting breath samples and filling out paperwork, Beauregard was given his citation and then a ride to his home.

He tried to pick his dog up the following day, he said, but was told he had to wait until Monday morning.

Beauregard’s longtime buddy Scott Fanning who went with him described the same kind of puzzlement and apprehension when Officer Thompson addressed the men before opening the shelter door.

“He said, he was pretty aggressive when I was trying to get him. He was attacking me so I offered him my right boot,” Fanning said.

Once they got inside, they saw Rowdy with blood on his face, his jaw hanging and one tooth bent outward.

The officer was saying he thought the dog’s tooth was hurt and Beauregard was getting hot, asking who did it, who was taking care of his dog, Fanning said.  Thompson replied he didn’t know, he said.

Fanning hustled his friend and the dog out the door and to the veterinary office, he said.

Two weeks later, Fanning said he still gets sick thinking about what transpired between a “big cop and a little dog”.

“I’m still crying, I can’t take it,” Fanning said. “He was one of my dog’s best friends.”

At the Chehalis Centralia Veterinary Hospital, Rowdy was shaking like an outboard motor, Beauregard said.

“I think he said we could probably save him, or we could try to save him,” he said. “I don’t recall exactly. I was crying.”

Fanning said he was too upset to stay at the clinic in support of his friend. Both men knew it wasn’t realistic to to send Rowdy to an orthopedic veterinary specialist who would attach metal plates to the fractures.

“When you get a broken jaw, that’s like a death sentence, cause dogs aren’t gonna lay around and suck on a straw and watch TV while they heal,” Fanning said.

Dr. Giffey said he’s thought about it a lot, wondering if the force of a dog’s jaw closing on a boot is strong enough to break the bones. It’s something he’s never encountered in three decades of treating animals, he said.

Whether twisting or shaking could explain it, would be a question for an orthopedist, he said.

“The police officer was the only witness to the injury, so I guess that’s where it stands at,” Giffey said. “I haven’t seen that myself.”

Weeks later, Beauregard is spending more time fishing with his friends and less time at home, because his quiet house reminds him that Rowdy’s dead.

“For six years he slept with me, never left my side,” he said. “Day and night, 24 -seven. It’s pretty strange not having him.”

But hanging out on the Cowlitz River fishing with his buddies who always bring along their dogs isn’t entirely better.

“Out there, all these dogs out there running around, and mine’s not there,” he said.

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Bruce Beauregard holds a rain jacket clad Rowdy at a family birthday party.

Former Winlock school bus driver’s ticket dismissed

Thursday, September 26th, 2013

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Winlock man whose school bus went airborne some 25 feet and came to rest wheels down at the bottom of an embankment off Interstate 5 this past spring got his ticket changed.

Or more specifically, his wife did.

Ronnie H. Withrow, 53, was cited for running a stop sign after the April 9 incident. Withrow said the brakes went out and was praised for navigating the bus between a sign and a guard rail at the northbound exit to state Route 505. None of the passengers which included 32 members of the Toledo-Winlock High School soccer team were seriously injured.

A commercial vehicle inspector with the Washington State Patrol however found no mechanical failures or defects with the braking system. Withrow was suspended and subsequently resigned.

Debbie Withrow hired an attorney and at a contested hearing on July 17, the infraction for failing to stop at the stop sign was dismissed and in its place an infraction was issued for moving defective vehicle unlawful, RCW 46.32.060.

Debbie Withrow said they convinced Lewis County District Court Judge R.W. Buzzard the wreck was caused by defective equipment, bad brakes.

“I’m just glad we were able to clear his name, because to him that was really important,” Debbie Withrow said today.

Ronnie Withrow declined to comment.

Exactly what the judge heard from the two attorneys isn’t clear. It isn’t described in court documents. The Withrow’s attorney didn’t return phone calls seeking information. Lewis County Deputy Prosecutor Kevin Nelson said last week he didn’t recall the details of the negotiations. It was an agreed motion to dismiss the first infraction to issue the new one.

Debbie WIthrow said her husband’s union apparently couldn’t officially assist him, as he was still in his probationary period on the job, but they helped.

“They did look up a bunch of information on those busses that showed those busses did have problem with brakes,” she said. “I took that into the court and showed it to the judge.”

It was a 2009 Thomas full-sized yellow bus, which is back in service now.

Ronnie Withrow had begun driving for the Winlock School District last September. Before that he did the same thing in Rochester for about two years, according to his wife, and also drove trucks after a number of years of working for a local bicycle manufacturer.

The accident has left him quite discouraged, according his wife.

“He totally loved being a bus driver, it was his dream job,” she said. “He loved being with the kids.”

Her husband doesn’t have any interest in trying to get his job back, and didn’t even care to pursue contesting the ticket, she said.

“It was all me, he just curled up in a ball and didn’t want to get out of bed,” Debbie Withrow said.

Trooper Will Finn, a spokesperson for the state patrol, said yesterday the agency stands by its finding there was nothing mechanically wrong with the bus. They blamed the wreck on inattention.

“The court system is the court system,” Finn said. “We have a job to do and the court system has a job to do.”

•••
For background, read “School bus wrecks off I-5 into swamp near Toledo” from Wednesday April 10, 2013 at 7:28 a.m., here

Rochester man loses murder appeal

Friday, September 20th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

Robert J. Maddaus Jr. lost his appeal of his convictions and sentence that put him in prison for life in connection with a weekend of threats and death as he tried to recover cash and pounds of methamphetamine stolen from his Rochester trailer home.

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Robert J. Maddaus Jr.

The admitted drug dealer was found guilty of the first-degree murder of Shaun Peterson, a 42-year-old acquaintance who died handcuffed and shot on an Olympia street early on Nov. 16, 2009.

At his jury trial in Thurston County Superior Court in early 2011, Maddaus was also convicted of two counts of unlawful possession of a firearm and four counts of witness tampering, as well as second-degree assault and attempted kidnapping related to his interrogation of a 25-year-old woman he suspected was involved in the theft.

In a unanimous opinion issued today, the Washington State Court of Appeals, Division II affirmed the convictions, except for one count of witness tampering.

His appeals attorneys argued, and the state conceded, that two counts of tampering related to multiple contacts with Theodore Farmer to persuade him to provide an alibi constituted at the most one unit of tampering. The appeals court agreed.

Today’s decision remands to the trial court to vacate or dismiss one of those counts.

Through his attorneys, Maddaus argued a dozen different reasons and ways the outcome of his trial was wrong. The one point he won on won’t change his sentence of life without the possibility of release, based on the so-called three strikes law.

Among the rejected arguments discussed in the 57-page opinion are that his home was improperly searched, that he was allowed to be  restrained with a leg brace and shock device during trial and challenges to recorded jail phone conversations, jury instructions, the prosecutor’s closing statements and more.

Maddaus was captured in Chehalis about a week and half after Peterson’s death, in a car containing pounds of meth, cocaine and heroin.

At trial, the 41-year-old took the witness stand and denied everything, except that he sold drugs and wanted to find out who had robbed him.
•••

For background, read “Three guesses as to who helped murder suspect Maddaus hide out …” from Sunday Feb. 6, 2011, here

Read the opinion, here

Big Bottom Bust cases ending with plea deals

Wednesday, September 18th, 2013
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Jack W. Mullins, left, prepares to sign his sentencing documents in Lewis County Superior Court.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – His attorney says it was credibility issues with the confidential informant, the deputy prosecutor said he didn’t have enough confidence the informant would cooperate during a trial.

Fifty-seven-year-old Jack Wayne Mullins was sent to jail today for two and half months after making a plea deal, pleading guilty to possession of methamphetamine.

Mullins was one of 10 people swept up in what was dubbed Operation Big Bottom Bust, a June operation in which some two dozen law enforcement officers from multiple agencies descended upon Randle in the Big Bottom Valley in east Lewis County and arrested 10 individuals following a months-long drug investigation.

One person was picked up only on a warrant, but the rest were jailed for allegedly dealing meth. Two were never charged.

Mullins, the oldest of the arrestees, is the sixth of the bunch to have entered into a plea agreement.

The remaining person, Marty Joe Mullins, 48, is scheduled for trial later this year.

The cases were distributed among four deputy prosecutors. Lewis County Chief Criminal Deputy Prosecutor Brad Meagher is handling Marty Mullins’ case.

Meagher declined to say if any kind of plea arrangement was in the works.

“The trial’s a long ways down the road,” Meagher said today.

The investigation and raids were coordinated by the Lewis County Sheriff’s Office Regional Task Force. One of its members, sheriff’s detective Jeffrey S. Humphrey is on paid administrative leave after getting arrested a week and a half ago for driving under the influence in Chehalis.

Whether Humphrey remains a deputy will have no bearing if he can still be a witness, Meagher said. But whether his pending gross misdemeanor case could affect the one drug dealing case left, Meagher said simply, maybe.

Today, in Lewis County Superior Court, Jack Mullins listened as his lawyer and a deputy prosecutor told the judge they agreed he should spend 75 days in jail. He faced a sentencing range for drug possession of zero to six months as he has no criminal history.

Defense attorney Jacob Clark told the judge the $3,000 in fines and fees would be a hardship as his client earns money picking mushroom, with the season starting this time of year.

Jack Mullins asked Judge Nelson Hunt to give him more time before going to jail.

“I work the last four months of the year to pay my bills,” Jack Mullins said. “I’m going to lose my house if I don’t get my taxes paid.”

Hunt imposed the financial obligations, and said he could begin paying $25 each month starting 60 days after his release. Jack Mullins was handcuffed and taken away.

Among the other defendants, Byron O. Daily, 42, is in jail for 75 days having pleaded guilty to possession of meth. Twenty-five-year-old Leah D. Williams who lived with Daily and has children got herself into family drug court and was given 30 days of house arrest for possession, according to Lewis County Deputy Prosecutor Shane O’Rourke.

Still to be sentenced is 52-year-old Diane L. Allison who lives with Jack Mullins; Keith A. Sanders, 42, and Robert D. LaChance Sr., 51. All live in Randle.

LaChance was arrested again earlier this month by the sheriff’s office for possession and delivery of methamphetamine.

Deputy Prosecutor Eric Eiseneberg said today LaChance was looking at  at least five years for one count of delivery of methamphetamine, and he will likely recommend the high end of the standard sentencing range because of the new case.
•••

For background, read “Seven charged for dealing meth in Randle” from Tuesday June 11, 2013, here

Headless, burned dog belonged to Centralia residents

Saturday, September 14th, 2013
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Crom, a Doberman-Labrador-Pit Bull mix, pauses for a photo.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CENTRALIA – Michelle Nelson and Tim Filer buried their dog last week. Yesterday they buried its head.

Nelson, a 28-year-old nursing assistant who lives in Centralia, had been looking for her pet named Crom for days when she heard someone had set fire to a decapitated dog near the railroad tracks in downtown Centralia.

At first, when a police officer showed her photos of the carcass, she didn’t think it was hers. But when she learned the animal still remained laying out on the gravel off Walnut Street, she went to view it in person. It was Crom.

It’s a mystery what happened to the half Doberman, part Labrador and part Pit Bull mix.

“I just wish the cops had more to tell me; it’s pretty brutal,” Nelson said.

Crom was just a little more than a year old and lived with the couple on Pine Street, but recently moved to Main Street near Centralia College. Filer and Nelson had a kind of joint custody agreement after they separated.

“He was a really sweet dog, my dog,” Nelson said. “He just loved everybody.”

Crom was familiar with the downtown neighborhood as they would take walks to see Filer at work on Tower Avenue just blocks from home, she said.

It was a dark and rainy night when he bolted out the door chasing a cat, she said. It was Aug. 28.

Early on the morning of Aug. 31, the fire department was called to the area behind Power Sports and extinguished the fire in between the two sets of tracks.

Centralia Police Department Sgt. Buster said a large bag of clothes and the dog were burned. Buster told Nelson he was wrapped in a sweater. Police didn’t think the animal was alive when it was lit.

No arson investigator was requested. Police advised BNSF to come and remove it because it was on railroad property.

Filer’s mother contacted police two days ago when she got a tip about where Crom’s head might be found. She and Officer Angie Humphrey walked the area and found a mound of rocks along the side of the tracks a few blocks south of where the body had been.

“The collar was still on him,” Humphrey said.

Humphrey said she doesn’t know what happened, but she’d like to find out.

“There’s some pretty morbid individuals out there,” Humphrey said today. “There’s a lot of speculation, but without more information, it’s hard to say.”

It’s difficult to imagine for a train to have decapitated the dog, and what animal is going to lay with its head on the rails anyhow, Humphrey said.

“I’m just kind of speculating, because it’s not normal for a dog to lose its head,” she said.

Humphrey asks if anyone has any information about what happened to the dog, that they call her at the Centralia Police Department, or call Lewis County Crime Stoppers, where they can be anonymous.

Crime Stoppers can be reached at 1-800-748-6422.

Lewis County sheriff’s deputy pleads not guilty to DUI

Friday, September 13th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A plea of not guilty was entered yesterday for the sheriff’s deputy who was arrested for driving under the influence of alcohol in Chehalis over the weekend.

Jeffrey S. Humphrey went before a judge today in Lewis County District Court in Chehalis an hour before the regularly scheduled time with his defense attorney Don Blair and a special deputy prosecutor from Thurston County appointed to handle the case.

Blair filed the plea a day early in writing and today’s appearance was to handle Humphrey’s conditions of release while his case is pending.

According to charging documents, the 40-year-old Chehalis area resident’s breath samples registered at .159 and .143. They were taken at the Lewis County Jail after his arrest early Sunday morning. The legal limit of an alcohol concentration is .08.

Charging documents state Humphrey was stopped by a trooper at an accident scene at the Labree Road offramp of Interstate 5 after he drove past a truck-mounted reader board flashing messages of “Ramp closed” and “Use alternate route”.

The high speed collision around 3:45 a.m. was the end result of a police pursuit in which a car driven by an allegedly intoxicated driver crashed into a guard rail and caught fire. A passenger was airlifted with a broken ankle.

Charging documents give the following account of Humphrey’s arrest: A Washington State Patrol sergeant wearing a reflective vest attempted to get the attention of Humphrey’s westbound gray Ford F150 by waving his arms, yelling and shining his flashlight at the truck. The sergeant chased the truck which eventually stopped and when asked if he saw all the emergency vehicles and road closure sign, Humphrey replied, “sorry.”

Humphrey had three un-named passengers with him and the sergeant smelled a strong odor of intoxicants from the window; Humphrey was described with a blank, far off look on his face, his eyes bloodshot and watery.

The Lewis County Sheriff’s Office deputy who was off duty refused to do field sobriety tests and would not answer when asked how much he’d had to drink.

Humphrey, an 11 year veteran of the sheriff’s office, is on paid administrative leave.

A state patrol spokesperson said earlier this week Humphrey’s vehicle was towed and he he was released from the trooper’s custody at his home.

Lewis County District Court Judge R.W. Buzzard released Humphrey on his own recognizance today, meaning no bail was necessary.

He was also ordered not to consume any alcohol or non-prescribed controlled substances, but the prohibition against entering taverns or bars printed on the standard court form was crossed out.

Humphrey also signed today a waiver of his time for trial which would be 90 days from arraignment for a person not in custody.

The charges were filed on Monday by Lewis County Deputy Prosecutor Paul Masiello.

Lewis County Prosecutor Jonathan Meyer asked his counterpart in Thurston County to select a special deputy prosecutor to handle the case because of appearances of fairness. The special prosecutor is Chad McClellan.

Driving under the influence is gross misdemeanor punishable by up to 364 days in jail and or a $5,000 fine.

A pretrial hearing is scheduled for Dec. 18.

Sheriff’s deputy on paid leave as DUI arrest is investigated

Thursday, September 12th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Lewis County sheriff’s deputy arrested for drunken driving over the weekend while off duty is scheduled to go before a judge tomorrow afternoon.

Jeffrey S. Humphrey has been with the sheriff’s office for 11 years. He is on paid administrative leave, according to the sheriff’s office.

Humphrey was stopped by a trooper early Sunday morning on Interstate 5 in the Chehalis area, according to the Washington State Patrol. He was pulled over when he attempted to drive through the closed area of a collision scene, state patrol spokesperson Stephen Robley said.

Robley said he believed it occurred about 3 a.m.

“He was arrested for DUI, processed and then released,” Robley said. “And the charges were forwarded to the Lewis County prosecutor.”

Robley said he didn’t have many details, and said he didn’t know why the case was referred for a charging decision as opposed to the trooper issuing a citation with a date and time for Humphrey to appear in court.

Robley, who is an agency spokesperson and works patrol in Clark County, said in his work, those decisions and whether to book a person into jail depend on a variety of factors sometimes related to how cooperative an individual is or if they also have a warrant.

Humphrey’s vehicle was towed and he was released from the troopers custody at his home, Robley said.

Lewis County Prosecutor Jonathan Meyer said he asked his counterparts in Thurston County to select a special deputy prosecutor to handle the case because of appearances of fairness. The Lewis County Prosecutors Office represents the sheriff’s office, he said.

The charge was filed on Monday in Lewis County DIstrict Court.

Sheriff Steve Mansfield issued a statement saying his deputy will be processed through the criminal justice system just as anyone else arrested for the same offense would. In addition, an internal investigation will be conducted, according to Mansfield.

Humphrey works on the sheriff’s office drug task force.

One of his recent large cases was the so-called Operation Big Bottom Bust in Randle in June in which 10 residents were arrested following a months-long investigation of under cover purchases of methamphetamine.

Humphrey’s arraignment is set for 2 p.m. tomorrow before Judge Michael Roewe.