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Judge Brosey eyes retirement, Chehalis lawyer to seek election to the court

Wednesday, March 30th, 2016

Updated at 1:59 p.m.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – After nearly 18 years on the bench, Lewis County Superior Court Judge Richard Brosey announced this morning he won’t be seeking re-election, and a local defense attorney who previously worked as a deputy prosecutor and before that as a federal law enforcement officer has declared her candidacy

Joely O’Rourke, 41, of Chehalis, said she’s excited to earn the opportunity to serve as a Superior Court judge.

“Judge Brosey’s commitment to Lewis County has been exemplary,” O’Rourke said in a news release this morning. “I’m looking forward to continuing the same dedication to public and judicial service he showed on the bench.”

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Joely O’Rourke

O’Rourke is currently in private practice, where she represents defendants at their first appearance on criminal charges in both Lewis County District Court and Lewis County Superior Court. She also serves as an attorney for the Lewis County Family Treatment Court where she represents parents in dependency actions.

The Edmonds native is a graduate of the University of Washington and Gonzaga University Law School.

From 2009 until October 2014, she worked at the Lewis County Prosecuting Attorney’s Office as a deputy prosecutor in the criminal division. She says she successfully prosecuted those accused of violent offenses, specifically domestic violence assaults, sex offenses and crimes against children.

O’Rourke also served as the drug court prosecutor and was a member of a multi-disciplinary task force, a group tasked with preparing child sexual abuse cases for prosecution.

But before she was a lawyer, she was a special agent with NCIS.

Beginning in January 2003, O’Rourke investigated major crimes involving military installations ashore, abroad and afloat as a special agent with the Naval Criminal Investigative Service.

During her time as a special agent, O’Rourke also worked in counter-terrorism, where she was assigned as the Intelligence Liaison providing threat assessments to the commanding officer of Naval Base San Diego.

She served on the protection details for Vice President Dick Cheney, Secretary of the Navy Donald Winters and also for the Chairman of the Joint Chiefs of Staff of Pakistan.

In May 2008, O’Rourke traveled to Galway, Ireland to testify as the Investigating Special Agent in a trial against an international terrorist who threatened to kill President George W. Bush and attack several US aircraft carriers.

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Judge Richard Brosey

Lewis County has three superior court judges who preside over felony and high-money civil cases.

In mid-December, Judge Nelson Hunt let it be known he was not planning to run this fall for another term, and Adna resident Andrew Toynbee announced he would seek election to the post.

Judge Brosey this morning stated he would complete his final four-year term, which ends in January.

The 67-year-old will have served as a Superior Court judicial officer for a total of 23 years.

Brosey said he’s always believed judges should serve the term for which they were elected and that they ought to retire before health or age dictates that they should.

“I will be 68 years old in December; it is time to spend more time with my wife and grandchildren and let someone else do this job,” he said in his announcement. “It has been a great honor and a pleasure to serve the citizens of Lewis County.”

The Lewis County native has presided over approximately 275 jury trials, including several of the largest and longest civil cases in county history, and has also handled numerous criminal cases, including multiple victim and “cold case” homicides.

Brosey served as the court’s first full-time court commissioner for four and a half years and was appointed July 1, 1998, by then-Gov. Gary Locke as the county’s third superior court judge after the state legislature created the position. He was elected that fall to retain the position and has subsequently been re-elected four times.

“My wife and I are looking forward to enjoying the slower pace of the next chapter of our lives,” Brosey stated.

O’Rourke resides in Chehalis with her husband, Shane O’Rourke, and their son.

Shane O’Rourke is also a local attorney and partner in the law firm of Buzzard O’Rourke in Centralia.

The O’Rourkes are actively involved in the community, including volunteering with the Chehalis School District, Chehalis Rotary, Chehalis Little League, East Lewis County Relay for Life, the Drug Court Give Back program and are both currently on the board of Lewis County Legal Aid.

Victimized Chihuahua expected to make full recovery

Friday, March 25th, 2016
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Richard J. Eng waits to be taken back to the jail after his court hearing on Wednesday in Lewis County Superior Court.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The 29-year-old man accused of throwing a small dog against a table in anger told a deputy he and “Spike” don’t have good rapport.

Richard J. Eng reportedly said when he was leaving the Chehalis area home to get away from an argument with his wife, the Chihuahua mix got aggressive and he wanted to avoid getting bit.

“Therefore he picked up Spike and threw him across the house and fled the scene in his vehicle,” Lewis County Deputy Prosecutor Melissa Bohm wrote in charging documents.

The incident occurred just before 8 p.m. on Tuesday at the residence on the 500 block of Highway 603 southwest of Chehalis.

The responding deputy described the 8-inch tall dog, wrapped in a blanket and being held by its owner, as whimpering with a swollen and bleeding eye.

Lewis County Sheriff’s Office Chief Deputy Stacy Brown said this morning the pet is expected to make a full recovery.

The two and a half year old pup was examined and treated at Fords Prairie Animal Clinic, Brown said. Spike was bruised and had trauma to his right eye, but was given medication and returned to its owner, according to Brown.

Eng was arrested that night and charged the following day in Lewis County Superior Court with first-degree animal cruelty. The offense carries a maximum penalty of five years in prison and a $10,000 fine.

Judge James Lawler allowed Eng to be released from jail on a $20,000 signature bond.

Charging documents and the sheriff’s office give the following account of what took place:

A neighbor called 911 and the arriving deputy made contact with Eng’s wife and her mother. A young boy identified as Eng’s son was in the living room crying.

Eng’s mother-in-law said she was sleeping on the couch with her dog when Eng came downstairs, took the dog from her and threw it against a kitchen table.

She said she got up and went outside and was holding her injured pet in the carport.

As Eng was getting ready to leave, he allegedly grabbed it from her arms and tossed it into an outside garbage can.

The deputy located Eng at Wal-Mart and questioned him.

He reportedly told of being woke up by his wife and having a verbal argument, and then leaving.

When asked if anything happened with a dog, Eng said yes and described a bad experience from the past.

He said several months ago he got bit, when he tried to remove a cheeseburger wrapper from the Chihuahua’s mouth while it was choking.

“Therefore he and Spike do not have good rapport,” Prosecutor Bohm wrote of Eng’s description of their relationship.

So when Eng was leaving the house, he was trying not to get bit, he said. He allegedly admitted throwing Spike a second time because it was barking and/or acting aggressive toward him.

His arraignment is scheduled for March 31 in Lewis County Superior Court.
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For background, read “News brief: Angry man injures tiny dog” from Wednesday March 23, 2016, here

Remembrance for Ben, Maddy and Sam Tower

Thursday, March 24th, 2016
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More than 400 people came together at the Northwest Sports Hub in Centralia last night to remember Ben, Maddy and Sam Tower.

Wednesday March 23, 2016, Centralia

Watch “Celebration of Life honors Centralia siblings who died in fire” from KING 5 News

And watch “Memorial held for 3 children who died in Centralia house fire” from Q13 Fox News

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“Less than three weeks ago they went to sleep, and they woke up in heaven,” Cyndi Pollard, principal of Evergreen Christian School in Olympia.

Plea deal negotiated in 2008 sandwich shop hold up

Tuesday, March 22nd, 2016
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Thomas L. Pleasant and his lawyer Don Blair appear before a judge in Lewis County Superior Court today.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A former Centralia man already imprisoned for life pleaded guilty today to robbing the Chehalis Subway store back in 2008.

Thomas L. Pleasant, 50, was brought from prison to Lewis County last month following his letter to the court requesting the languishing case get handled.

Pleasant was charged in Lewis County in 2008 with first-degree robbery and first-degree rape, but was already in custody for three robberies in Cowlitz County. He’s serving a sentence of life without parole.

He went before a judge today in Lewis County Superior Court, where Senior Prosecuting Attorney Will Halstead said they’d made a plea deal.

Halstead told the judge there were evidentiary issues, and that he could provide more detail at the sentencing hearing.

Pleasant pleaded guilty today to first-degree robbery and second-degree assault.

What the victim described as a gun that looked like a long .22 with a silencer was a pellet gun, according to Pleasant and his lawyer.

He confessed to a Chehalis detective back in 2008 to the July 16, 2008 hold up at the Twin City Town Center, saying he tied up the female worker with an electrical cord and put her in a walk-in cooler.

The rape charge was dropped. Pleasant has denied the rape allegation.

He also noted in his letter to the court that he would be in danger if he went back to prison with such an offense on his record.

Judge Nelson Hunt asked Halstead if the victim was accepting of the plea deal. Halstead said she didn’t like it, but understood it.

Defense attorney Don Blair told the judge they were not ready for sentencing, as he needed to further study his client’s Colorado conviction for second-degree assault, which may or may not count as a “strike” offense.
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For background, read “Suspect from 2008 Subway robbery initiated reopening his case” from Monday March 7, 2016, here

Insurance Commissioner: Centralia agent failed to remit customer premiums

Tuesday, March 22nd, 2016

By Sharyn L. Decker
Lewis County Sirens news reporter

The license for a Centralia insurance agent has been revoked after an audit revealed that he misappropriated nearly $30,000 in consumers’ premium payments, according to the Washington state Office of the Insurance Commissioner.

Insurance Commissioner Mike Kreidler announced the enforcement action against Matthew G. Gingerich earlier this month. It took effect on Feb. 22.

Gingerich was fired from employment with American Family Insurance following an internal audit, according to the state agency. His business address was on the 1100 block of Harrison Avenue in Centralia.

He was licensed for property, casualty, life and disability insurance in this state beginning in October 2008.

The OIC states that Gingerich put the consumers’ insurance accounts in a hold status so they would not receive a notice that their policies were canceled for nonpayment. As of February, Gingerich had not yet repaid the money, according to OIC.

The order revoking his license states that Gingerich also submitted homeowner policies to the insurer with no down payments, transferred money from his premium trust account into his business account and provided false bank statements to the auditor.

American Family was able to correct the policies of all but one affected consumer, whom they could not identify.

The Feb. 12 order indicates OIC began its investigation after receiving notice April 24, 2014 that American Family terminated Gingerich for cause. Gingerich’s license expired at the end of 2014 and he did not renew it.

An OIC spokesperson indicated any criminal proceedings would be separate.

“We referred the case to our special investigation unit, they have the case,” spokesperson Kara Klotz said today. “We can’t say much other than it was referred to them and they are looking into it.”

Kreidler’s office oversees Washington’s insurance industry to ensure that companies, agents and brokers follow state laws. They have the option of handling violations with probation, suspension, refusal to renew or revocation. They also issue fines.

Last year, the office revoked the licenses of 60 insurance agents and brokers.

If Gingerich disagrees with the revocation, he may demand a hearing within 90 days from the date of the order. Attempts to contact Gingerich for comment were unsuccessful.

Centralia mugging victim struck with hatchet

Saturday, March 19th, 2016

Updated at 6:10 p.m.

By Sharyn L. Decker
Lewis County Sirens news reporter

Centralia police are investigating an attack on a man last night in which an unknown person hit him in the head with a hatchet and stole his wallet.

The 33-year-old victim was walking home from a convenience store, according to the Centralia Police Department.

Officers were called at 9:09 p.m. to the scene, at the 400 block of West Pine Street, according to police. Medics were dispatched to the area at the same time for a trauma patient.

The victim sustained a laceration to his head and was transported to the emergency room at Providence Centralia Hospital for treatment, according to Sgt. Dave Ross.

Ross indicated the injuries were not life threatening, but he wasn’t certain how serious they were.

Reflections: Tower children loved their Centralia schools

Friday, March 18th, 2016
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Ben, Maddy, Sam and Sue Tower. / Courtesy photo

By Sharyn L. Decker
Lewis County Sirens news reporter

CENTRALIA – Sue Tower speaks softly, sometimes with a trace of a smile when she talks about her children.

Eight days after she lost all three of them in one night in a house fire, she sits down at a Centralia coffee house because she wants to share memories of her little ones.

The 40-year-old old single mother who grew up in Chehalis confesses, she didn’t want to continue living, during the first few days.

But she knows now she must, she said.

“Otherwise, their lives will have been in vain,” she said. “So I have to carry the light, and go on.”

Tower wanted to share about her children’s life, not their death.

Already she’s had to answer question after question from investigators, recalling for them even the tiniest details about that day, and the night that followed.

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Sue Tower wants to talk about her children.

She doesn’t know what started the fire, but knows, for example, for sure she wasn’t burning candles that day, because she was out of candles and matches both, she said.

The conversation conveys at least part of the story, of three young lives cut short.

The family moved to Centralia, to the split-level home on Ham Hill Road last April.

The kids finished out the school year at Centennial Elementary School in Olympia. Before that, they attended Evergreen Christian School in Olympia.

Recently she had been contemplating moving, but her children were concerned about the possibility of giving up the new life they’d come to like very much, according to Tower.

“They came to me and said, ‘Mom, we can move, but we want to stay in our schools’,” she said. “They loved their teachers.”

Their home had become a hub for the youngsters and their friends, with a backyard trampoline, rabbits and chickens.

“I remember my kids that afternoon, they had their friends over,” Tower said. Her tone is peaceful.

Had it been a weekend, all of them would have ended up spending the night, she said.

“They had amazing friends, for just starting (school) in September,” she said.

Most important to Tower right now, is to keep the memory of Ben, Maddy and Sam alive.

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Ben Tower
2003 – 2016

Benjamin D. Tower, 12, was a sixth grader at Washington Elementary School.

“A teddy bear, so sensitive, Mr. Pay-it-forward,” she said.

Her oldest was already wearing a size 14 shoe, and was going to be tall, she said.

He was captain of his football team, the Leathernecks.

“I feel for the kids on the line against him, he packed a punch,” she said. “But he’s the first to go help them up.”

Even in the land of Seahawks football mania, Ben was a staunch Broncos fan, she said.

She’s calls him a chicken whisperer, a boy who would greet them  outside each morning, saying, “Hi babies.” They followed him around, she said.

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Maddy Tower
2005 – 2016

Madeline R. Tower, 10, was a fourth grader at Washington Elementary School.

“Maddy was my quiet soul, she loved to read,” Tower said.

So much, that when she and her friend Natalie got together for a play day, they’d sit side by side and read, she said.

Maddy’s rabbit allowed her to dress it in doll clothes and be photographed, many times in many outfits.

Last summer, she had a bad bicycle accident, that left her with a concussion and broken teeth.

One of the children’s favorite places was Northwest Sports Hub at Borst Park in Centralia. Tower and her partner Jay Ryan opened the restaurant Hub CIty Grub there together.

It felt to the kids like their own personal playground, she said.

On a recent night, at already 9 p.m., Maddy begged her mother to take her and Natalie to the Hub, so they could play glow-in-the-dark frisbee. She broke her foot and was put on crutches, Tower said.

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Sam Tower
2008 – 2016

Samuel J. Tower, 7, was a second grader at Edison Elementary School.

Her youngest had possibly as many as three girlfriends, she said.

“Sam was my active child,” she said.

He played soccer this past fall, and was so successful his coaches asked her how many years he’d been doing it, she said.

Tower said he was a master climber, a runner and skilled on the trampoline.

“He was at the point he could do back flips, seven in a row, and stick it,” she said. “And incredibly smart. All of them.”

Like his siblings, he swam.

“All my kids, since they were itty bitty babies,” their mother said.

Tower is staying in Centralia, feeling gratitude and feeling humbled by so much support from so many and for the police and firefighters who came early the morning of March 4.

“I’m trying to make a list to send thank yous, but I don’t know if I’ll ever be able to do that,” she said. “This is something that happens to other people, not me. I had plans.”

Now, she’s planning a celebration of life for Ben, Maddy and Sam.

It’s set for 6 p.m. on Wednesday, at the Northwest Sports Hub.

Everyone is welcome, but she hopes nobody comes dressed in black, she said.

“I want to honor them in a positive way,” she said.

Their father, Brad Tower, was making separate arrangements for a memorial in Olympia, she said.

Tower requests no flowers, at least not cut flowers.

She’s working with Lewis County Commissioner Edna Fund, on something like a bench that could be placed at the Hub, maybe with plantings, she said.

She suggests that instead of flowers, people might find ways to support some of the things her children valued.

Maybe the Centralia pool, maybe the school library, maybe Camp Cispus, she said. Ben was very much looking forward to a school trip there this year, she 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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