Archive for the ‘Top story of the day’ Category

Heroin overdose for one leads to prison for another

Thursday, March 19th, 2015
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Robert T. Lusk faces Lewis County Superior Court Judge James Lawler this afternoon in Chehalis.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Chehalis man who provided the heroin that killed 23-year-old Tyson J. Anderson two years ago admitted what he did in court today, and will go to prison.

Robert T. Lusk, 37, has been locked up awaiting trial since his arrest last June.

Anderson died of a drug overdose one night – after he and his girlfriend went out to dinner and then shopping at Wal-Mart – at her apartment in Centralia. It took more than a year, but Centralia police tracked down who he’d gotten it from.

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Tyson J. Anderson, April 2013

Lusk pleaded guilty today to controlled substance homicide, clearing his throat slightly before answering the judge, hands cuffed in his lap.

The offense doesn’t include any elements of maliciousness or intent for a person to die. Only that he delivered the heroin to Anderson, that Anderson used the heroin and Anderson died from the heroin.

Anderson was a fairly new drug court participant at the time, and the father of a little girl.

Lusk faces a maximum penalty of 10 years in prison. The standard sentencing range that applies, given his criminal history, is 68 to 100 months of incarceration.

In exchange for his guilty plea, Lewis County prosecutors dropped a second charge of delivery of heroin, related to the same incident. Lewis County Senior Deputy Prosecutor Will Halstead indicated to the judge this afternoon, that would have been “folded into it anyway.”

Halstead put in its place one count of first-degree driving with a suspended license, a charge actually out of Thurston County.

Defense attorney Erik Kupka and Halstead scheduled a hearing for sentencing on April 1. They said they have agreed to recommend to the judge at that time that Lusk be given 68 months and one day.
•••

For background, read “Centralia heroin death leads to criminal charge for person who allegedly supplied the drug” from Wednesday June 11, 2014, here

Centralia police officer asks judge to order citizen to stop harassing him

Thursday, March 19th, 2015
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Mike Lowrey, far left, and Bo Rupert, far right, are seated before Lewis County District Court Judge Wade Samuelson.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Centralia police officer is seeking an anti-harassment order against a 20-year-old local man, who has been calling him crooked and corrupt on social media.

“He posted pictures of my family on Instagram, after he posted I should be executed,” Officer Michael Lowrey said.

“I think he’s taken it too far.”

Twenty-year-old Bo D. Rupert is currently prohibited from contacting Lowrey or Lowrey’s four children, based on a temporary court order put in place last month.

The two men have gone before a judge in Lewis County DIstrict Court twice, but an anti-harassment hearing has not yet been conducted because Rupert requested the two different judges remove themselves from the case.

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Bo Rupert

Rupert contends Lowrey has, while on duty, taken part in stopping him from videotaping public employees, unlawfully demanded his identification, and on various occasions when their paths have crossed in public, called him vulgar names.

The final straw, according to Rupert, was a day in which he claims Lowrey got a teenager banned from a local business, after the teen told the officer he wanted to speak with his uncle, and said his uncle was Rupert.

“Pretty much I had all I was going to take off him, after that,” Rupert said. “My pictures on Instagram and the amount of worry it made him feel, measured up to nothing compared to how I felt about my nephew.”

Lowrey, who has been a Centralia police officer for about 15 years, is making the request as a private citizen, his lawyer Shane O’Rourke said after the most recent hearing, held Monday morning in Lewis County District Court in Chehalis.

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Michael Lowrey

O’Rourke said his client is aware that as a public servant, he has to tolerate a certain level of unpleasantness from some members of the public.

“Mr. Rupert is well known for engaging in a particular type of behavior,” he said. “His attempts to antagonize go beyond what you deal with on a day to day basis.”

O’Rourke said police officers are still, first and foremost, citizens and don’t have to be subjected to that.

It is a rare and unusual occurrence, as far as he’s aware, O’Rourke said, for a police officer to ask for such a court order.

The temporary order allows for contact between the two for legitimate police business, he said.

Court documents show the 42-year-old officer made the formal request on Feb. 13. A temporary order was put in place the same day, but did not require Rupert to stay 1,000 feet away, as requested.

Lowrey checked boxes on the petition for order for protection from harassment and stalking form indicating Rupert’s ongoing behavior caused him to feel seriously alarmed, annoyed or emotional distressed.

Lowrey said on Monday it’s not getting videotaped on the job that’s bothering him. He wrote in his request that with the current backlash against law enforcement, he believes it endangers his family when Rupert posts photos of him, off duty, with his young daughter, along with comments that he is corrupt.

In a declaration in support of Lowrey’s petition, Centralia police Sgt. Stacy Denham writes that in his career of more than 20 years, he’s dealt with all kinds of individuals who don’t like police, and go  out of their way to discredit officers simply for entertainment.

“All of these individuals pale in comparison to Bo Rupert,” Denham writes.

He notes Rupert’s numerous convictions for false reporting, calling it an incredible addiction to trying to get others in trouble. He writes that Rupert’s new means of attack is to follow officers around and videotape them, berating them with profanities in an attempt to get a rise out of them.

Denham described Rupert’s activities as escalating into yelling at Centralia Police Department staff through the glass and calling all officers inside a laundry list of unacceptable slurs.

Among the screenshots from social media in the petition is a Facebook post by Rupert in which he wrote:

“The police must be returned to their original purpose to protect and serve WE THE PEOPLE, any that are not and refuse to do so should be executed for treason!!!!!!! Starting with Mike Lowrey, Sgt. Stacey Denham, and Phillip Reynolds”

Rupert, who said he lives part time in Chehalis and part time in Centralia, says he’s a volunteer for a police accountability group called “Peaceful Streets Lewis County”,  the local chapter of a national organization which video records police officers and other government employees while they perform their public duties.

In his general affidavit submitted in response to the case, Rupert writes that he usually picks two nights each week to film, listens for calls over a police radio scanner and arrives on scene staying a safe distance away. He states he also often advises people of their rights and records the interactions.

He claims in writing an instance outside the Centralia library in which Lowrey called him a name, stepped out of his patrol car and said if there were not people around, he would “kick his (blank) ass.”

“It was that moment when I decided from then on I was going to expose his corruption and the content of his character,” Rupert wrote.

In an interview after Monday’s hearing, Rupert acknowledged the Facebook post, paraphrasing it from memory to say, “I wrote to a Facebook status ‘Treasonous officers who create insurrection against the constitution should be executed,’ and I named the officers doing that.”

“I never said I was gonna pickup a gun and shoot Officer Lowrey,” he said.

Rupert said if Lowrey is successful in getting the temporary order made more permanent, he will appeal, because it could have other consequences.

“You can bet I’m not going to let someone use the court system, the legal system, to abuse and oppress people,” he said.

The anti-harassment order hearing is scheduled for March 30, when a pro-tem judge both sides agree upon is to be brought in.

Toddler’s body still at morgue more than five months after death

Wednesday, March 18th, 2015

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – It was a month ago the Lewis County coroner initiated a civil action, asking a judge to decide which funeral home he can call to pick up the body of a toddler – who died last autumn – from the coroner’s office.

Coroner Warren McLeod felt he was at an impasse because the unmarried parents of 3-year-old Jasper Henderling-Warner couldn’t agree about which mortuary should cremate the child.

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Jasper Henderling-Warner

McLeod yesterday said he’s still waiting, but now it’s for the court system.

“It’s keeping me awake at night,” McLeod said yesterday.

Jasper is the subject of a homicide case, and from his death on October 5 until the end of January, McLeod was not allowed to release his body. The Lewis County Prosecutor’s Office had issued a hold order in case lawyers for the accused wanted to get a second autopsy.

Jasper died from what the coroner called chronic battered child syndrome. The Vader couple who were caring for him, Danny and Brenda Wing, remain jailed pending a trial in May.

McLeod hoped the request for a declaratory judgement filed Feb. 11 in Lewis County Superior Court would help move the process along, so Jasper could be laid to rest.

The hope was each parent would be served quickly with a summons and complaint, and respond within the 20 days allowed. And then a judge would hold a hearing and make them agree or make a decision.

However, McLeod yesterday said he learned the legal documents were served by the Cowlitz County Sheriff’s Office not upon the father, Casey Henderling, but upon Henderling’s roommate in Longview. McLeod said he called Henderling’s phone number on Monday, and was told he no longer lived there.

The mother, Nikki Warner, has been calling his office repeatedly, McLeod said.

But it turns out the Clark County Sheriff’s Office is four to six weeks behind getting documents served. It could be another two to three weeks before they get the court papers to Warner who lives in the Vancouver area, he said.

Meanwhile, Jasper’s body continues to be stored at the Lewis County Corner’s Office in Chehalis.

Jasper’s parents do agree they want to split the ashes following cremation, according to McLeod.

He said he realized in December Henderling and Warner didn’t agree on where Japer’s body would be taken care of, and tried to help them resolve the differences. A no-contact order prevents the parents from communication with each other, according to the court documents.

On Jan. 28, McLeod was freed from the prosecutor’s hold on the body, and tried for two weeks to get unified direction from the parents before filing the civil action on Feb. 11.
•••

For background, read “Toddler’s body lingers at morgue more than four months” from Thursday February 19, 2015, here

Sirens: Daily police and fire roundup

Monday, March 16th, 2015

BEDROOM BURGLED

• Someone broke into a home on the 3900 block of Jackson Highway south of Chehalis between 3:40 p.m. and 4:40 p.m. on Friday, rifling through a 22-year-old woman’s bedroom. It was the second time within a week it had happened, according to the Lewis County Sheriff’s Office. The woman was home alone when she heard a knock on the window, and called her roommate who asked a neighbor to check on her, Chief Stacy Brown said. The neighbor took her home and when the roommate returned, he discovered the burglary, Brown said. Missing is $200 worth of quarters, according to Brown.

BREAK-IN CENTRALIA

• A 19-year-old Rochester resident was arrested around 3:30 a.m. today for second-degree burglary in connection with an incident at the 400 block of Kearny Street. Dustin P. McLean was booked into the Lewis County Jail, according to the Centralia Police Department. Further details were not immediately available.

• Centralia police took a report of a burglary at the 1400 block of Windsor Avenue yesterday in which someone broke in and took a portable heater. The item was found in the backyard, according to the Centralia Police Department.

BARN BURGLED CHEHALIS

• The Lewis County Sheriff’s Office reports this morning that sometime between last Wednesday and Thursday, someone got into a barn on the 800 block of Logan Hill Road in Chehalis and stole a Craftsman two-piece tool box and a heavy-duty four-wheeled wagon. The loss is estimated at $500, according to the sheriff’s office.

SHERIFF: MORTON BURGLARY SOLVED

• A tip on Friday led to the arrest of two individuals for a November break-in in the Morton area in which a 68-year-old resident lost about $5,000 worth of household goods, fishing poles and tools, the Lewis County Sheriff’s Office reported this morning. Deputies were told by someone they had seen the two males with the property and in a subsequent contact by a detective, the suspects admitted involvement in the burglary at the 100 block of Chapman Road, according to the sheriff’s office. Booked into the Lewis County Jail for residential burglary were Ricky D. Osborne Sr. 48, from Morton, and Brian J. Elmore, no age given, also of Morton, Chief Stacy Brown said.

VEHICLE THEFT

• A stolen 2000 Ford F350 pickup truck was recovered yesterday at the 100 block of Cedar Lane in Glenoma, according to the the Lewis County Sheriff’s Office. The owner, who lost it in Lakewood, couldn’t be located so the vehicle was impounded, the sheriff’s office reports.

CAR PROWL

• Two people were arrested about 11 o’clock yesterday morning when a neighbor saw them trying to get into someone else’s vehicle at on the 600 block of Northeast Franklin Avenue in Chehalis. Stacy L. Weighall, 50, was arrested for second-degree vehicle prowl and then released, according to the Chehalis Police Department. Booked into the Lewis County Jail for theft and vehicle prowl was Michael W. Thomas, 29, of Chehalis, according to police.

• Police were called to Wal-Mart in Chehalis about 5:50 p.m. on Friday where someone had gone inside an unlocked vehicle and taken a cell phone.

• Chehalis police were called about 10 a.m. on Friday regarding an overnight vehicle prowl on the 1400 block of Southwest Mills Street. A cell phone charger was among the items stolen from the unlocked vehicle parked in front of its residence, according to the Chehalis Police Department.

IMPOSTOR ARRESTED

• A 33-year-old man who produced a driver’s license that was not his when contacted by an officer about 3 a.m. today along Southwest Interstate Avenue in Chehalis was arrested for possession of another person’s identification, a misdemeanor, according to the Chehalis Police Department. Phillip R. Johnston, was booked into the Lewis County Jail, according to police.

GRAFFITI ON RESIDENCE

• A resident of the 400 block of Kearny Street in Centralia called police about 5:20 p.m. yesterday to report graffiti left on the outside of his home. It happened sometime during the previous few days,  according to the Centralia Police Department.

DOMESTIC ASSAULT

• A 43-year-old Chehalis man was arrested on Saturday after an incident the night before in which he allegedly slapped and choked his fiancee during an argument, and threatened several times to kill her. Michael G. McBride was booked into the Lewis County Jail for second-degree assault and for harassment, according to the Lewis County Sheriff’s Office.

SLEEPING IN CHURCH

• A 25-year-old Winlock man found asleep on a pew in a church on the 4200 block of Jackson Highway south of Chehalis yesterday morning was arrested and booked into the Lewis County Jail. Deputies responding sometime after 8 a.m. learned he wanted a place to get out of the rain, get way from an unsafe place he was staying, and to charge his cell phone, according to the Lewis County Sheriff’s Office. Matthew R. Istre allegedly broke a glass door to get inside but didn’t take anything, according to the sheriff’s office. He was arrested for first-degree criminal trespass and third-degree malicious mischief, Chief Stacy Brown said.

CHIMNEY FIRE

• Firefighters were called noon yesterday to a chimney fire at the 400 block of Southwest Cascade Avenue in Chehalis. There were flames coming out the chimney, but they used their special nozzle to extinguish it, according to the Chehalis Fire Department. There was no damage, Capt. Casey Beck said.

COLLISION

• A 52-year-old Kelso man and his 52-year-old passenger from Onalaska were uninjured when they crashed a pickup truck into a bridge on the 200 block of Krueger Road in Onalaska on Saturday afternoon, Lewis County Sheriff’s office Chief Deputy Stacy Brown said this morning. A deputy responding about 2:45 p.m. noted the truck sustained major damage and the two appeared intoxicated, Brown said.They were transported by ambulance to Providence Centralia Hospital and an arrest for driving under the influence depends upon the results of a blood test, according to the sheriff’s office.

AND MORE

• And as usual, other incidents such as arrests for warrants, malicious mischief, driving under the influence, driving with suspended license; responses for alarm, disputes, shoplifting, hit and run, vandalism, suspicious circumstances, possible sexual assault, collision on city street; complaints about a female asking customers for money, a man on a bicycle urinating outdoors … and more.

Accused Vader drug dealers plead not guilty

Friday, March 13th, 2015
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Francisco J. Guerrero, left, and his girlfriend Jennifer M. Hayes, wait while attorneys finish signing documents during their arraignment in Lewis County Superior Court.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Vader couple arrested after an investigation into what police called a large supplier of heroin in Lewis and Cowlitz counties appeared in court yesterday afternoon with their lawyers for a brief hearing.

Francisco “Poncho” Guerrero, 36, is represented by James K. Morgan; and Jennifer M. Hayes, 33, is represented by John Hays. Both attorneys have offices in Longview.

When police searched the home on Alpine Court on Dec. 29, they seized heroin, cocaine, cash and a handgun, as well as a motorcycle. The investigation was conducted by the Centralia Police Department’s special Anti-Crime Team, Chehalis police detectives and the federal Drug Enforcement Administration.

For unspecified reasons, police did not arrest them until last week. They have been free on bail and returned to Lewis County Superior Court yesterday afternoon for arraignment.

Hayes is charged with two counts of possession with intent to deliver, involving heroin and cocaine.

Guerrero is charged similarly, along with one count of delivery of heroin and one count of first-degree unlawful possession of a firearm.

Both pleaded not guilty yesterday to all charges.

Defense attorney Hays told Judge Nelson Hunt he’d like to schedule a review hearing for next week, as he discovered the prosecutor got a judge to seal the document police presented to secure the search warrant.

Lewis County Deputy Prosecutor Paul Masiello told the judge the state would oppose any request for unsealing. He said the office policy is to withhold that information in order to protect confidential informants, and once that information becomes known by the defense, any possible plea deals are taken off the table.

Judge Hunt agreed they could set a hearing for next Thursday afternoon to take up the matter.

Hunt also scheduled their trials for the week of May 11.
•••

For background, read “Sirens: Daily police and fire roundup – POLICE: VADER HEROIN DEALING COUPLE BUSTED” from Saturday March 7, 2015, here

Centralia drug case leads to lengthy prison term

Thursday, March 12th, 2015
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Sebastian Haller waits as his lawyer shuffles through documents after his sentencing in Lewis County Superior Court.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A drug case from last spring in which Centralia police arrested two brothers and their mother at their home on the 1000 block of Yakima Street is over.

Prosecutors dropped charges against 59-year-old Kathy Challender.

Arthur T. Haller-Heilman, 32, took a deal and got 20 months, and should be getting out around September.

Sebastian Haller, 36, went to trial and lost.

He was sentenced yesterday to 16 years in prison.

Defense attorney Sam Groberg appealed to the judge for less time.

“He’s looking at a minimum of seven years, which is a real long time,” Groberg said. “Even though he does have a history, he’s still a relatively young man.”

Lewis County Prosecutor Paul Masiello noted Haller had an offender score of 19 – from previous convictions – meaning he was subject to a longer term.

“I’m sure the court recalls Mr. Haller picked up these charges while waiting for the last case,” Masiello said.

A jury in Lewis County Superior Court two weeks ago found Haller guilty of two counts of delivery of heroin, one count of possession with intent to deliver heroin, possession of methamphetamine, possession of methadone, possession of oxycodone and three counts of witness tampering.

Centralia police raided the home the morning of May 8, finding only small amounts of narcotics. Centralia’s then Anti-Crime Team Sgt. Jim Shannon said their primary suspect was in the bathroom flushing the toilet.

The action was part of an undertaking that began two months earlier targeting street-level and mid-level heroin suppliers because of the increase in the number of heroin and opiate related deaths over the previous year in Lewis and southern Thurston counties, according to police.

The city reviewed the Yakima Street case to determine if the property might be subject to seizure and forfeiture as a drug nuisance, according to Shannon.

Masiello and Groberg said yesterday that Haller’s grandparents owned the house, and they understood the couple was cooperating with the city in a deal to sell the property and share the proceeds with the city.

Haller expressed his surprise when Judge Lawler handed down the sentence.

“For getting high?” he blurted out. “You’re talking about 16 years for getting high?”

Lawler said no, it was more than that, and repeated the numerous offenses the jury found him guilty of.

The two lawyers disagreed about how the so-called school zone enhancement should apply. Groberg said he understood two mandatory years consecutive to the rest of the sentence.

Masiello said even though the issue is being questioned on appeals, his office felt the law provided for applying three of the enhancements, separately, meaning an extra six years.

Lawler sided with Masiello.

The judge imposed numerous legal financial obligations, and ordered Haller to pay them at a rate of $25 each month.
•••

For background, read “Drug officer: Another raid, but battling heroin deaths will take more than police” from Friday May 9, 2014, here

Feds decline to prosecute former Lewis County Jail sergeant

Wednesday, March 11th, 2015

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The U.S. Department of Justice looked into the events that led to the firing of a Lewis County Jail guard last summer involving mistreatment of an inmate and has concluded it will not file any federal criminal charges.

Trevor S. Smith, a 10-year-veteran of the  Lewis County Sheriff’s Office, was terminated last June for abusing his authority and allowing inmates to suffer.

The Chehalis resident was subsequently arrested for computer trespass, for allegedly snooping into secure jail computer records. Earlier this year, Smith was given a 90-day sentence of electronic home monitoring, after a plea deal in which local prosecutors agreed not to file any charges of assault that could have occurred during his time as a corrections officer.

However, before Sheriff Steve Mansfield left office, he had asked the FBI to investigate Smith for inmate civil rights violations, according to Jail Chief Kevin Hanson.

On Friday, the sheriff’s office received a letter from the Department of Justice, informing them their investigation of the complaint was finished.

“After careful consideration, we concluded that the evidence does not establish a prosecutable violation of the federal criminal civil rights statutes,” Section Chief Robert J. Moossy Jr., of the criminal section of DOJs Civil Rights Division, wrote.

New Undersheriff Wes Rethwill informed the Lewis County Board of Commissioners yesterday of the news.

“There’s still more to come, fallout from that,” Rethwill told the board. “But that’s been taken off the table.”

Smith was disciplined in 2013 for directing that an inmate be kept in a restraint chair for approximately twelve hours without food, water or restroom breaks. Then on Jan. 25 of last year, an inmate with mental health issues was not offered any kind of relief – such as water or decontamination – for more than five hours after the discharge of pepper spray into his closed cell. Sheriff Mansfield described both inmates as assaultive.

Rethwill didn’t elaborate to commissioners about what other fallout he expects, but Hanson said a lawyer representing the pepper sprayed inmate has made a request for the documents in the case.

And former Undersheriff-Chief of Staff Steven Walton who handled Smith’s termination, indicated in a document during those proceedings that Smith put the sheriff’s office and the county in “an indefensible position in a future litigation process.”

Moossy in his letter noted the DOJ decision to close the matter should not be seen as a vindication of Smith’s actions.

The Criminal Section of the DOJ Civil Rights Division enforces federal criminal civil rights laws, such as the willful abuse of authority by law enforcement officers that deprives individuals of liberties and rights defined in the United States Constitution or federal law.

They evaluate allegations of civil rights violations to determine whether the evidence and circumstances of the case warrant a federal criminal prosecution.

Hanson said in his 24 years with the jail, they have never asked the FBI to investigate an employee’s treatment of inmates.

Moossy named the inmate from the January 2014 incident as Wellington Waggener.

Waggener, then 24, was arrested by Centralia police on Jan. 18, 2014, after he was told not to come back but returned to a business on the 300 block of North Tower Avenue and then allegedly fought with officers who attempted to detain him.

Less than a month earlier, he was detained by multiple officers in the middle of Interstate 5 in Chehalis, following a call from Green Hill School giving police a heads up about an employee acting strangely and being made to leave the juvenile detention facility.
•••

For background, read “Former jail sergeant admits three felonies, gets immunity regarding inmate treatment” from Wednesday January 28, 2015, here