Lewis County Sirens.com

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By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – He’s already served his prison time, but Pe Ell resident Todd Phelps got good news in the form of the Washington Court of Appeals reversing his convictions for third-degree rape and second-degree sexual misconduct.

The jury trial stretched over nearly two weeks in the spring of 2012 and the former Pe Ell High School softball coach and log truck driver was given a sentence two days shy of six years.

The attorney for the 52-year-old painted a picture of a coach who became close to a 16-year-old team member because he was worried she was cutting on herself and might commit suicide. The prosecution told jurors of a man who gradually seduced a girl already troubled with low self esteem and depression.

Phelps lost an appeal in 2014, but filed a personal restraint petition. In its decision published last week, the appeals court said the prosecutor committed misconduct by introducing and arguing facts not in evidence about sexual grooming.

“… (T)his misconduct was prejudicial, flagrant, and ill intentioned and that there was no likelihood that this error could have been cured by a proper instruction,” the three-member panel wrote.

The panel held the error resulted in prejudice.

“You cannot get back the six years in prison, but he corrected what he found in error,” Seattle-based attorney Suzanne Lee Elliott said of her client.

Exactly how much time Phelps actually served isn’t clear, as he would have gotten early release with credit for “good time.”

Elliott  said the issues that led to this decision for her client have been an ongoing topic in the appeals court and the state Supreme Court and led to some high profile cases being overturned because of overreach on the part of prosecutors.

Lewis County Prosecutor Jonathan Meyer said his office plans to ask the appeals court to reconsider its decision.

“Let’s not forget, the appeals court originally upheld the conviction,” Meyer said yesterday. “And if we have to retry it, we will.”

Phelps was represented by Centralia defense attorney Don Blair in the 2012 case in Lewis County Superior Court. The state’s case was presented by Lewis County Deputy Prosecutor Debra Eurich and Deputy Prosecutor Will Halstead. Judge Nelson Hunt presided.

In its more than 30-page opinion, the appeals court notes that the state contended its argument about grooming was based on reasonable inferences from the record. The appeals court however held that expert testimony is required if the state intended to rely upon “grooming” to argue and prove its case.

While the issue of grooming was discussed during jury selection and at length during closing arguments, by the deputy prosecutor, there were only two instances during the trial when the term grooming was mentioned in witness testimony, Justice Jill Johanson wrote.

The opinion issued on Jan. 24 was authored by Johanson, with Justices Thomas R. Bjorgen and Linda Cj Lee concurring.

Prosecutor Meyer said yesterday if he doesn’t get the hoped for result in the request for reconsideration, he’ll have to make a decision about asking the state Supreme Court to look at the case.

“If necessary, we’ll retry it, we’ll work with the victim on retrial,” Meyer said.
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For background, read “News brief: Appeals judges reject each of Pe Ell man’s claims on rape conviction” from Wednesday June 18, 2014, here

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A semi truck and trailer loaded with Microsoft products was stolen from a Napavine truck stop along Interstate 5 last night.

The good news is it was found a few miles away about 20 minutes later. The bad news is, it was minus its load, according to authorities.

Napavine Police Department Chief Chris Salyers said he doesn’t yet have a dollar amount for the lost merchandise.

The driver called from Love’s Travel Stop on the 1200 block of Rush Road, where he had parked his big rig, according to authorities.

“He went inside to take a shower, came out and it was gone,” Salyers said.

It seemed as though the thief or thieves used a slim jim to get inside, he said.

While law enforcement was looking for the stolen truck, a citizen called 911 to report suspicious activity at Mary’s Corner, according to the Lewis County Sheriff’s Office.

They observed two tractor trailers plus a gold or tan pickup truck arrive to a parking lot, saw several males in the back of a trailer and then watched one of the semis take off at a high rate of speed, sheriff’s Chief Deputy Dusty Breen said.

The parking lot sits near the intersection of U.S. Highway 12 and Jackson Highway.

When officers arrived just after 10:15 p.m., they found the missing truck, but without its cargo, Breen said.

The truck is owned and operated by Ancor Transport Ltd out of British Columbia, according to Breen.

They said it was the second time an Ancor truck had been jacked with Microsoft products, Breen said.

The description of the second semi was a greenish Peterbilt with a sleeper and a refrigerated semi-trailer, according to the sheriff’s office.

Salyers said Microsoft wanted the found truck impounded, but no local tow company had enough space to keep it, so it was turned over to the driver.

Breen asks that anyone who has any information on the incident to please call the sheriff’s office.

Kathrin L. Turner, seated, waits for a corrections officer to escort her to the Lewis County Jail this afternoon.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Centralia woman who authorities believe cut her own throat and wrists after setting small fires at an apartment complex last fall was taken into custody after responding to a summons to appear in Lewis County Superior Court today.

Kathrin L. Turner, 44, is charged with first-degree arson, for an incident in early November at the apartments where she lived and was manager.

Lewis County Prosecutor Jonathan Meyer told the judge he felt some bail was appropriate even though Turner showed up for court this afternoon.

Temporary defense attorney Rachael Tiller requested a $5,000 unsecured bond, noting her client did come to court as she was ordered, has no felonies in her past and has very close ties to the community.

“She’s resided here almost her entire life, has family here today and also has serious medical needs,” Tiller said.

Judge Joely O’Rourke said after reading the allegations, she believed Turner is a serious threat to community safety. She ordered Turner to be taken into custody and set her bail at $10,000.

Turner, with some kind of medical tubing visible outside her clothing, was asked to take a seat near the rear exit of the courtroom to wait for an escort down to the Lewis County Jail.

Centralia police investigated after two small fires were set on two consecutive mornings at the the 1100 block of Scammon Creek Road. Turner was manager there and told responders she used a fire extinguisher to put out the flames that damaged an approximately 15 square foot area of exterior siding on Nov. 3.

Three days later, Turner was found in the bathroom of a common area of the complex with life-threatening lacerations and taken to Tacoma General Hospital where she spent 45 days, according to authorities.

According to charging papers and police reports, Turner at first said she was attacked by a stranger, but then confessed to setting the building on fire. The reason she gave a detective was she was trying to get a tenant to move out and thought she could scare her away.

Her husband Kenneth Turner was among a small group of supporters with Kathrin Turner in court this afternoon.

“I don’t get any of it,” he said as he left the courthouse without his wife.

Defense attorney David Arcuri was appointed to represent Turner. Her arraignment was scheduled for Thursday.
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For background, read “Perplexing Centralia apartment arson case stalled” from Wednesday December 21, 2016, here

Centralia woman April Kelley is allowed to leave the courtroom free on her personal recognizance after pleading guilty to first-degree theft.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The now-former social services manager for Lewis County acknowledged today she stole more than $100,000 from a bank account she was responsible for as treasurer.

April K. Kelley, 35, was arrested and charged in September after an investigation conducted by the Lewis County Sheriff’s Office. The Centralia woman has remained out of jail on $20,000 bail.

She went before a judge today in Lewis County Superior Court, with more than a dozen supporters seated in the benches behind her.

Kelley pleaded guilty to eight counts of first-degree theft, committed over a less than four-year period ending in the spring of 2014. Six counts of forgery were dropped in a plea agreement struck with the Lewis County Prosecutor’s Office.

Kelley worked at the Lewis County Department of Public Health & Social Services, and in that capacity, served as treasurer for the Association of County Human Services. The money was discovered missing when a new treasurer took over.

Lewis County Superior Court Judge Andrew Toybnee asked Kelley if she understood the elements of the crime, the maximum penalty, if she had any questions and pointed out a box of kleenex as she sniffled.

“Do you understand what the prosecutor will be recommending?” Toynbee asked. “Yes,” Kelley responded.

Each of the counts carries aggravating factors with Kelley admitting to committing a major economic offense and using her position of trust and fiduciary responsibility to carry out the crimes.

Lewis County Prosecutor Jonathan Meyer said he plans to ask for a 10 year sentence.

She was allowed to leave court today, on her personal recognizance and return on Feb. 8 for that hearing. Meyer said he will be asking that day she be taken directly into custody.

The prosecutor has tallied up a bit more than $196,000 in restitution that Kelley will be responsible for. About $28,000 of that is for an audit fee and $5,000 for expert accountant fees.

At one point the defendant realized the association didn’t have enough funds to cover amounts due and got money from a family member to prevent detection of the losses, according to Meyer. The approximately $49,000 she deposited will reduce the restitution amount, he said.

Defense attorney Shane O’Rourke said he wasn’t prepared to speak about how much time he will recommend for his client, as he wants the judge to hear it from him first.

However, the standard sentencing range for the offense is 22 to 29 months in prison, he said. And under the law, an option for a first time offender is zero to 90 days in jail, he said.
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For background, read “News brief: Former treasurer set to plead guilty in theft case” from Thursday January 12, 2017, here

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Attorneys told a judge today the trial for the Centralia woman charged with second-degree murder in the death of her husband should be pushed off into the future.

Janet L. Anderson

Janet L. Anderson, 39, has been held in the Lewis County Jail since she was arrested last month. Forty-one-year-old Ty Anderson’s body was located in their bedroom wrapped in a tarp, with a bullet hole in the back of his neck and another in his lower back, prosecutors have said.

She was charged in Lewis County Superior Court on Dec. 19 and a trial date was set for the week of Feb. 13.

Centralia defense attorney Shane O’Rourke today requested and was granted the postponement, until the week of May 8.

O’Rourke said he could tell early on based on the complexities the real trial date would be further down the road. But it’s standard practice at arraignments to put it on the court schedule within the required amount of time, he said.

“I gauged this one at six to nine months in terms of total time frame,” he said today.

Janet Anderson turned herself in to police the morning of Dec. 17, said she and her husband had been arguing at their home off of West Oakview Avenue and he grabbed his gun and pointed it at her. Prosecutors have said the shooting could have occurred as long as 12 hours earlier.

She has pleaded not guilty and is being held on $1 million bail.
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For background, read “Centralia wife pleads not guilty to murder” from Friday December 23, 2016, here

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – An 18-year-old woman went before a judge today in Lewis County Superior Court accused of lying when she reported to a deputy that a 16-year-old boy tried to rape her.

Sierah L. Daniels is charged with malicious prosecution, a felony with a maximum penalty of five years in prison.

Lewis County Deputy Prosecutor Jessica Blye told the judge Daniels has no prior criminal history and recommended she be allowed release pending trial on a $5,000 unsecured bond. Judge Joely O’Rourke agreed.

Daniels had been summonsed to appear, after the charge was filed at the end of December.

Charging documents describe a Lewis County Sheriff’s Office deputy being dispatched on Dec. 2 for an attempted rape in Mineral and meeting Daniels at the Morton Police Department.

She reportedly told the deputy the boy, now 17, attempted to have sex with her when he showed up to her trailer in Mineral, first asking her and when she said no, forcing her down on the bed.

She said he began to force her knees apart when her husband’s mother walked in, Deputy Prosecutor Jeffrey Schaap wrote in the affidavit regarding probable cause.

However, the deputy then interviewed the boy who said they’d made a plan to meet at her trailer at 6 o’clock before school, according to Schaap, and after he arrived they hugged and her answer to his question was, “I don’t know.”

He reportedly said he was rubbing her thigh when the mother-in-law walked in and he would take a polygraph to prove he did nothing wrong, according to Schaap.

Schaap wrote that when the sheriff’s deputy re-contacted Daniels, she admitted she lied and made up the story to avoid a rift in her marriage.

Daniels was accompanied to court this afternoon by her husband. She was given a court-appointed lawyer and told to return for her arraignment on Jan. 26.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A 50-year-old Winlock man accused by a 6-year-old relative of touching her beneath her underwear was allowed to remain free pending trial on a $10,000 unsecured bond when he appeared in court today.

John M. Stafford was charged in Lewis County Superior Court at the end of December with one count of first-degree child molestation. He was summonsed to appear before a judge this afternoon and did so, accompanied by his parents and his daughter.

Judge Joely O’Rourke set his bail as requested and ordered him not to have any contact with minor children or go anywhere they might congregate.

Court documents state that a Lewis County Sheriff’s Office deputy spoke with the girl’s mother on June 6 and an appointment was arranged with a child forensic interviewer.

The kindergartner allegedly said Stafford sticks his hand down her pants and rubs her panties, he had touched her 33 times and the last time it happened was a the park, Lewis County Deputy Prosecutor Melissa Bohm wrote in charging documents.

The girl’s mom said the last time the child was around Stafford was around Easter.

When the deputy interviewed Stafford, he denied the allegations, according to Bohm.

Outside the court room, Stafford said the accusations were false and in retaliation for an incident he had with the girl’s father in the past, who vowed he would get back at him.

Stafford’s arraignment is scheduled for Jan. 26. First-degree child molestation carries a maximum penalty of life in prison.