Archive for the ‘Top story of the day’ Category

Driver from last summer’s deadly Onalaska wreck back in court

Tuesday, June 7th, 2016

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Joseph W. Rogerson is at risk of losing his deferred prosecution on last summer’s DUI, related to a head-on crash in Onalaska that left three teenagers dead.

Rogerson, now 37, was found to have been traveling in his own lane and not to blame for the July 13 wreck on state Route 508.

The Land Rover was carrying eight young people. Killed were its driver, Arnold W. Mullinax, 17, and Taylor N. Thompson, 13, both from Onalaska. Dakota L. Dunivin, 18, from Chehalis, died the following day at the hospital.

Rogerson, formerly of Chehalis, is being monitored because of his case in Lewis County District Court, but today he went before a judge in Lewis County Superior Court, charged with third-degree assault of a child.

Judge Richard Brosey noted the new case includes an allegation he was drinking and asked if prosecutors have filed a motion to revoke his deferred DUI.

Lewis County Prosecutor Jonathan Meyer said he had not, at this time.

Deferred prosecution is an arrangement in which a defendant can ask the court to defer a finding of guilt in return for agreeing to abide by certain conditions for a certain amount of time, according to Meyer.

Brosey today ordered Rogerson to wear an alcohol monitor bracelet which will detect if he drinks.

Rogerson was arrested on Friday by the Lewis County Sheriff’s Office following an investigation involving a 7-year-old girl who told a counselor at R.E. Bennett Elementary School her step-father hit her in the arm, leaving a bruise.

The sheriff’s office said yesterday the girl, her mother and step-father had gone shooting out in the woods near Pe Ell the weekend before and when the girl tried to get Rogerson to stop hitting her mom, he punched the child. Charging documents in the case indicate the girl told him to stop and hit him in the arm, then he hit the girl in her arm.

Both adults denied it happened, but the girl’s older brother corroborated her statement. Both children told law enforcement they thought the grown ups had been drinking, according to court documents.

Rogerson was released yesterday on $10,000 unsecured bond, and was back in court today after the felony charged was filed.

Defense attorney Joely O’Rourke asked that the conditions of release be altered to allow Rogerson to go back to his home in Pe Ell, saying he was his grandfather’s sole care provider and the child is now with her actual father, based on a court order.

Rogerson’s arraignment is scheduled for June 16.
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For background, read “No felony charges forthcoming from triple-fatality Onalaska wreck” from Friday October 30, 2015, here

Winlock child molestation case from late 1990s resurrected

Saturday, June 4th, 2016
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By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A 60-year-old Toledo-area man appeared in Lewis County Superior Court yesterday in response to a summons, after learning he was accused for the second time of inappropriately touching a 5-year-old girl almost 18 years ago.

Steven M. Nowlen is charged with first-degree child molestation.

According to charging documents, the allegations were investigated when the alleged victim was a child, but recently the now-22-year-old reported the matter to the Lewis County Sheriff’s Office.

Nowlen was distressed to learn news reporters were present during his hearing.

“This isn’t going to be in the newspaper is it,” he asked outside the courtroom. “This is embarrassing.”

Nowlen said the allegation was investigated years ago, and suggested he couldn’t understand why it was getting looked at again.

“I took a lie detector and passed it with flying colors,” he said.

The charge, filed on May 18 in Lewis County Superior Court, alleges sexual contact sometime between Nov. 1, 1998 and March 1, 1999.

The allegation is the child was at her aunts home in Winlock, taking a bath with her cousin and the aunt’s boyfriend touched her between her legs when it was time to get out of the tub.

The court documents indicate the case was re-investigated beginning this past November.

Sheriff’s detective Jeremy Almond gathered records and conducted interviews and found the original case records were incomplete. In 2000, Winlock Police Chief Forrest McPherson suddenly died and there is no record of what happened with the case after the child was examined at St. Peter’s Sexual Assault Clinic.

Lewis County Deputy Prosecutor Sheila Weirth wrote in the court documents that information from the medical examination revealed a condition “which can be seen in children who have been sexually abused, but is not a specific finding of sexual abuse.” The clinic recommended further police investigation.

Nowlen when interviewed by the detective denied ever inappropriately touching the child and told him he passed a polygraph in the 1990s, according to Weirth. There is no record of him taking one at that time, Weirth wrote.

Lewis County Superior Court Judge Richard Brosey was told yesterday afternoon it appeared Nowlen qualified for a court appointed lawyer. Centralia attorney David Arcuri was appointed.

The offense carries a maximum penalty of life in prison.

Prosecutors requested and were granted a $10,000 unsecured bond as a condition of release. Nowlen’s arraignment is scheduled for June 16.

Defendant in Mossyrock knife argument pleads not guilty, will argue self defense

Friday, June 3rd, 2016
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Grace E. Barker turns toward the gallery in Lewis County Superior Court during her hearing.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The woman accused of stabbing her boyfriend in the neck at his Mossyrock home was found competent so her case could continue and pleaded not guilty yesterday in Lewis County Superior Court.

Grace E. Barker, 26, was evaluated at the Lewis County Jail by personnel from the state’s psychiatric hospital, according to her lawyer.

Barker was arrested on April 6 following the incident at the 200 block of Mossyrock Road West, and subsequently charged with first-degree assault. The offense carries a maximum penalty of life in prison.

Defense attorney Shane O’Rourke told a judge yesterday afternoon, his client would be withdrawing her previous plea of not guilty by reason of insanity.

He told the judge that wasn’t a viable route, based on the work they’d done so far on the case. He didn’t offer further detail.

Prosecutors wrote in court documents that Brian Slater was trying to get Barker to leave his residence when she picked up a knife, and he armed himself with a knife and when he threw his down thinking she had done the same, she stabbed him in the throat.

Slater spent about three days at Harborview Medical Center in Seattle with a punctured lung and other injuries before being released. He has said the weapon was 10-inch long stiletto.

Concern about Barker’s mental stability led to postponements and the visit from Western State Hospital.

While she was found competent enough to understand and assist in her own defense, she made the plea of not guilty by reason of insanity a few weeks ago. O’Rourke explained that has to do with the question of whether a person is sane at the time of the incident.

Outside the courtroom yesterday, he reiterated they withdrew that plea only for the general reason he gave the judge.

He will be focused on a self defense argument, O’Rourke said.

Slater, her boyfriend and the father of her child, has said he supports her 100 percent and wants to see her get help instead of a jail cell.

Barker’s trial is scheduled for the week of June 20 in Lewis County Superior Court. She remains held on $500,000 bail.
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For background, read “Mossyrock argument: Two knives, one airlifted, other arrested” from Thursday April 7, 2016, here

News brief: Lewis SWAT taking part in training to protect capitol campus

Friday, June 3rd, 2016
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Courtesy photo by Lewis County Sheriff’s Office.

By Sharyn L. Decker
Lewis County Sirens news reporter

The Lewis County Regional SWAT Team is among five such groups which will join with Olympia’s police and fire departments undergoing an “active threat” readiness exercise tomorrow at the state capitol.

The training is important since more than 6,000 state employees work on the campus daily, according to the Washington State Patrol. In addition, an estimated 500,000 people visit, tour and use the capitol grounds every year.

An estimated 200 first responders – law enforcement officers, firefighters and medical units – will be on campus. Participants will also bring about 50 vehicles to support the exercise.

SWAT teams from the Thurston County Sheriff’s Office, from Pierce County, the Washington State Patrol and from the Federal Bureau of Investigation will be there as well. The Lacey Police Department and multiple divisions from the state patrol are also taking part.

The Washington State Patrol and the Department of Enterprise Serves are coordinating the event.

“While there are no known specific threats to the campus, the training is designed to enhance preparedness, improve coordination and develop consistent response efforts among state, local and federal response agencies should an active threat occur,” the agencies stated in a news release.

Some roadways and parking lots on the west campus will be closed for staging people, equipment and vehicles.
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CORRECTION: Washington State Patrol’s SWAT team took part in this exercise.

 

‘Festering little bombs’: The fire risk of towels with oil residue

Monday, May 23rd, 2016
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Investigators collect bundle of partially burned restaurant towels from Ham Hill Road house fire. / Courtesy photo from Centralia Police Department

By Sharyn L. Decker
Lewis County Sirens news reporter

CENTRALIA – Most people have heard of the dangers of “spontaneous combustion” from oily rags left laying around the garage or workbench.

But how many are aware of the risks associated with a hand towel or dish cloth, for example, used with products one would find in their kitchen cupboards?

Not even Centralia police detective Dave Clary who is trained in fire investigations had come across such a scenario before.

The house fire on Ham Hill Road that took the lives of three children is now labeled with a cause of undetermined. But after two months of investigating, with numerous interviews and examinations that filled more than 50 pages of reports, the experts came up with one possible cause and one probable cause, according to Clary.

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March 4, 2016

It’s possible a compact florescent light bulb in a lamp could have malfunctioned and ignited the fire. Clary knows that because a private investigator hired by the insurance company asked if such bulbs were used in the home and noted they have been known to do that.

He told Clary if he had the bulb, he might be able to tell if it went bad by looking at it. But the fire in that area was so intense that no remains of a bulb were located.

The probable cause of the fire, according to Clary, because its more than 50 percent likely to be the reason it occurred, was from recently laundered oily towels placed in a milk crate near the front door.

Clary, who was the lead police investigator for the fire, said he was previously unaware CFL bulbs could be risky or dangerous.

“But, by the same token, I didn’t know vegetable oil was unstable,” he said.

The recently released reports and photos from the nighttime blaze offer information on previously unanswered questions, detail heroic attempts by police officers and firefighters to rescue the children and shed light on what their mother Sue Tower underwent before eventually standing outside the burning home in what police officers described as in a daze, or in shock.

It was an ordinary week night, a Thursday, and the family shared a dinner of pot roast, potatoes and sourdough bread Tower baked from scratch.

The 40-year-old single mother put her children to bed, reading a story to her youngest, Samuel, and said she closed their bedroom doors after tucking them in. Madeline had been having nightmares, so she slept with her older brother Benjamin that night.

The four had moved in to the rental home the previous April; their father lives in Thurston County.

The children’s bedrooms were on the upper floor of the split level home, with the main living area on the middle level and Tower’s bedroom on the ground floor at the back of the garage.

From her bed, Tower could see up the stairs into the kitchen and said she awoke to a noise like a crack, saw a glow near the stove and saw smoke.

She ran up the stairs twice, the first time in her underwear, the second time after pulling on jeans and a sweatshirt, but was turned back by the intense heat. She grabbed her phone and called 911, and ran out the back door of her bedroom hoping to get in through the back door on the main floor, but realized it was locked and she didn’t have her keys.

Detective Clary’s description of the 911 call characterizes Tower as panicked, out of breath, seemingly terrified and finally not able to speak coherently. She tells the dispatcher there is a fire in her kitchen.

Tower runs back through the house and opens the garage door, thinking that would help get rid of the smoke. A dispatcher tells her that was not the best thing to do.

“Over and over again she tells the dispatcher that she has children in the home,” Clary writes. “She advises that she is in the house downstairs and her children are upstairs and she cannot get to them.”

She goes outside and sees the entire house is on fire.

And she begins to scream.

Benjamin D. Tower, 12; Madeline R. Tower, 10; and Samuel J. Tower, 7, never made it out of their bedrooms, according to the Lewis County coroner. Coroner Warren McLeod said asphyxiation from smoke and carbon monoxide blocked their breathing and it’s more likely than not they did not suffer.

The bedroom door to one of their rooms was found open.

The owner Bill Bates, a former Centralia city council member, told detectives there were smoke detectors throughout the wood-framed house.

Sue Tower said she didn’t hear a smoke alarm. The one on the main floor had recently begun chirping, so she took the battery out and set it on the counter as a reminder to buy a replacement, she told police. She said she hadn’t checked other detectors.

A carbon monoxide detector was plugged in to one of the outlets on the main floor.

The fire was investigated by Riverside Fire Authority Assistant Chief Rick Mack, four fire department investigators, four detectives with the Centralia Police Department and two private investigators hired by Bates’ insurance company.

The reports and photos outline numerous visits to the scene, close examination of several appliances and electrical outlets and the sifting through the debris to collect various items as possible evidence.

The house was heated with an electric forced-air furnace.

The worst fire damage was on the main floor, not in the kitchen but in the living room.

Tower pondered possible causes with authorities, noting an electrical breaker would trip when the microwave was used and that one of the control knobs on the stove sometimes stuck making it difficult to shut off. She mentioned some of the electrical outlets were “loose.”

She was certain she hadn’t been burning any candles, even though she liked them and used them.

The reports reflect that police detectives were also taking note, looking for any suspicious behavior on the mother’s part.

Early on, investigators narrowed the origin of the fire down to an area near the front door, based on burn patterns they observed.

A piece of carpet and pad from the spot was collected to be tested for ignitable liquids.

It wasn’t until almost a week after the fire as detective Clary was contemplating the possible ignition sources that he recalled cloth items they had found and remembered Tower worked at a restaurant where cooking oil would be used.

She told the investigators she had washed a batch of soiled towels that afternoon and after drying them immediately placed them in black plastic milk crate by front door, so she would remember to bring them back to work the next day.

Tower said they use a lot of rice bran oil at Hub City Grub.

The remains of the towels – which Clary said still smelled somewhat of used cooking oil – along with samples of the cooking oil the restaurant uses and towels that didn’t go through the fire were collected for testing.

The results from the lab came back noting the fats detected would  have a low to moderate tendency toward “self heating.”

However, if laundering doesn’t remove all the oils, the cloth would be subject to spontaneous ignition with the additional of heat from drying, when poor dissipation of the heat occurs, the report indicated.

Instances like this have occurred all over the country and cases have even been documented in Centralia, according to the reports.

Something similar happened last summer at a Chehalis night spot, where firefighters responded to a smell that was not quite right just before closing, and eventually found a slightly smoking stack of towels. They had been used to clean up and then washed and dried before being put away, but when an investigator took them outside, he found heavy charring in the center.

Oily rags, dirty or clean, should be stored in something metal with a lid on it, the Chehalis fire investigator said at the time.

Detective Clary found the scenario is what more likely than not led to the deadly fire on the 900 block of Ham Hill Road in Centralia on March 4.

“When Suzanne washed and dried the towels she brought home from the restaurant and then stuffed them into the milk crate, she inadvertently combined the necessary ingredients for the towels to self heat and ultimately break into flame,” Clary writes.

Both detective Clary, Assistant Fire Chief Mack and the insurance investigator agreed they could rule out all the potential causes except for the towels, and except for a bad CFL bulb – since they never found the bulb.

Because more than one possible cause exists, the cause of the fire is officially ruled undetermined. It is also ruled to be accidental.

Sue Tower was stunned after the meeting with investigators, when they explained what they knew.

“It’s a really hard thing to process,” she said. “It’s such a fluke, I don’t even normally bring them home.”

Tower continues on, still not able to plan more than one, maybe two, days in advance.

Every night, she relives the nightmare, she said.

“Sometimes I’m smarter, quicker, I do something different,” she said. “I’m not going to pretend I’m even remotely okay.”

She calls towels with oil residue festering little bombs. Even just vegetable oil, she said.

The former Chehalis native said she began researching and found quite a bit of information, noting television journalist Diane Sawyer did an episode once on the dangers of linseed oil.

“I had no idea, and there are so many people who don’t know,” Tower said.

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For background, read “Heavy hearts as family loses three in Centralia house fire” from Friday March 4, 2016, here

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Investigators took numerous photos at the Ham Hill Road house for their fire investigation, many of them just inside the front door. / Courtesy photo from Centralia Police Department

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Fire investigators working at the scene at the two-story house fire on March 4, 2016.

Suspicious fire breaks out at Winlock fireworks company

Friday, May 20th, 2016
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Crews work to extinguish flames at Jake’s Fireworks. / Courtesy photo by Derrick Paul

Updated at 10:46 a.m.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Investigators are looking into vandalism and a fire that left a large fireworks business in Winlock with an estimated $100,000 loss.

Members of Lewis County Fire District 15 spent about 12 hours yesterday at Jake’s Fireworks on the 700 block of Nevil Road.

Fire Investigator Derrick Paul said he is working with the sheriff’s office on the case.

Paul said when employees got to work they discovered vandalism and walked through the property looking around when they discovered smoke coming from one of the many large metal cargo containers on site.

Most of them are locked and used to store fireworks, but the one was used for recycling, such as cardboard and was unlocked, Paul said.

When they opened it to investigate, and allowed oxygen inside, the fire “really took off,” he said.

The radiant heat ignited contents of other cargo containers, according to Paul.

The vandalism that occurred sometime since the day before included someone tampering with the fire suppression system, according to the Lewis County Sheriff’s Office. Chief Deputy Stacy Brown said their $7,000 water storage bladder had been sliced open.

A tire on one of the trucks was punctured as well, according to Brown.

Paul said between the vandalism and the items destroyed by the blaze, the loss is upwards of $100,000.

Jake’s is a distributor of wholesale fireworks and a fireworks retailer.

Brown said there is a person of interest and the business is working on providing detectives access to a footage from a surveillance system.

Centralia police admit errors in cat cruelty investigation, taking a second look

Wednesday, May 18th, 2016
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An image of Jay the cat shared on Facebook.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Centralia police chief admitted today that police made mistakes in their response and investigation into the death of a cat that suffered what prosecutors called cruel and terrible injuries.

The feline, named Jay, was at one point possibly dropped from a second story balcony and maybe or maybe not, stabbed at an apartment complex in north Centralia last month.

Prosecutors released without charges a 24-year-old who was arrested, calling the evidence murky, and noting the pet’s body was not collected for evidence.

“Fortunately, these types of cases do not occur frequently in our community,” Centralia Police Department Chief Carl Nielsen stated in a news release. “This case brought to light the lack of information and resources we had available for our staff to refer to during the initial investigation.”

Police detectives have been following up on new information and evidence, Nielsen said today. He expects the case will be presented once again to prosecutors late next week, he said.

Nielsen wants the community to know that the Centralia Police Department is currently updating its policies and wanted to personally thank the members of Pasado’s Safe Haven and People for the Ethical Treatment of Animals for their help in both identifying resources for officers, as well as assisting in the crafting of a new policy for the department.

He says he appreciates the passion and concerns shown by the community throughout this incident.

“We have outstanding staff working here, but from time-to-time mistakes will occur,” Nielsen stated. “When those incidents do occur, we will work diligently to correct those mistakes.”

Nielsen was hired as chief of the department just one year ago.

Centralia police responded to the evening incident at the 100 block of Virginia Drive on April 28, and interviewed several individuals, including children.

They arrested the man accused of stabbing the cat, but Lewis County Chief Criminal Deputy Prosecutor Brad Meagher released him the following day without charges, saying someone was very cruel to the cat, but he didn’t have enough evidence to make a case.
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For background read “Man released from jail with no charges in connection with Centralia cat death” from Friday April 29, 2016, here