Lewis County Sirens.com

Diagram of crime scene at 101 Wings Way, in the Salkum-Onalaska area

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The man who was at the Wings Way house when four people were shot is among the witnesses who will testify this afternoon as John A. Booth Jr.’s triple murder trial continues in Lewis County Superior Court.

John Lindberg hid in a bathroom when the guns came out during the events of Aug. 21, 2010 in the Salkum-Onalaska area, according to Chief Criminal Deputy Prosecutor Brad Meagher.

Somehow when the two men, allegedly Booth and his former cell mate Ryan J. McCarthy, fled the home, they forgot Lindberg was there, Meagher has said.

This morning jurors heard from a Washington State Patrol detective who diagramed the crime scene, from the sheriff’s office evidence director and from a Spokane deputy who found a 9 mm handgun in an attic where Booth was arrested days after the slayings.

More to come.

John A. Booth Jr., right, listens with his attorney Roger Hunko, as opening statements are made in his murder trial.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Almost 16 months after the three fatal shootings in Salkum, and following nearly two full days of jury selection in the Chehalis courthouse, the prosecution outlined what they believe the evidence will show about the deaths of David West Sr. 52, David West Jr., 16, and Tony E. Williams, 50, as well as the non-fatal shooting of Denise Salts, then 51.

John A. Booth Jr. was “taxing” various people on behalf of Robbie Russell, Chief Criminal Deputy Prosecutor Brad Meagher told a jury this afternoon.

Meagher said Booth was at the West’s house on Aug. 21, 2010 trying to get money from West Sr., when West Sr. brought out a shotgun and then was shot dead.

“But then, he had to think about what to do after,” Meagher said. “What he did is started going around the house shooting witnesses.”

Salkum, Aug. 21, 2010

Booth, now 32, has pleaded not guilty to murder and other offenses related the only triple homicide in recent memory in Lewis County.

The former Onalaskan had been released from prison less than a year earlier, and lived and worked in the Tacoma area where he was supposed to still be under the supervision of a community corrections officer.

Today in Lewis County Superior Court, in between sessions that finally pared a jury pool from 170 individuals down to 12 plus three alternates, Booth’s lawyer continued to raise concerns about his client’s chance for a fair trial.

Attorney Roger Hunko, and Booth himself, spoke to the judge about the potential the jurors could be prejudiced given a large number law enforcement officers in the courtroom, as well as the possibility jurors might discern Booth is wearing restraints beneath his clothing.

Booth is outfitted with a “laser belt” and a leg brace.

“When he moves his legs (the strap) shows,” Hunko told the judge.

The defendant addressed Judge Richard Brosey directly, complaining that the day before there were “10 cops in the courtroom.”

“You know what I’m saying?” Booth asked the judge. “That kinda gives ’em an idea I, John Booth, is too dangerous. He can’t be here without ’em.”

Brosey replied he wasn’t going to tell the sheriff’s office security detail how to do its job and that the only reason the strap would show was if Booth moved around and let that happen.

The judge noted jurors might come to a similar conclusion anyhow, since the defendant is charged with three murders plus attempted murder.

When Chief Criminal Deputy Prosecutor Meagher addressed the eight-man, four-woman jury, he graphically explained why the two charges of first-degree, premeditated and intentional, murder were filed on behalf of two of the victims.

“Tony Williams and David West Jr. weren’t just shot, they were executed,” Meagher said.

Williams was shot in the right eye, “showing he was looking right down the barrel of that gun when Mr. Booth shot him,” Meagher said. David Jr. was shot in his bedroom, and when he came out, was shot right down in his skull, Meagher said.

Meagher said one witness would describe being visited by Booth the same day because he owed Russell money.

“He will say he had been put on ‘unlimited status’ meaning anytime Booth shows up, you have to pay him,” Meagher said.

Another witness is going to testify he went to West Sr.’s house that afternoon, as West Sr. was attempting to sell a $6,000 boat for $1,000, Meagher said.

“Well, the reason he needed the money, is he knew Booth was coming to tax him,” Meagher said.

And Booth would be identified by two witnesses, Meagher said. West Sr.’s ‘significant other’, Salts, will describe how Booth put a gun to her face and shot her, Meagher said.

And John Lindberg will tell of arriving to the house on Wings Way off Gore Road at the same time as Booth and Ryan McCarthy, Meagher said.

Lindberg will testify West Sr. was really upset and asked him for money after West Sr. and Booth talked outside, he said. Lindberg only had $100, according to Meagher.

Jurors will hear how West Sr. then grabbed a shotgun and then Booth pulled a gun and shot West Sr., Meagher said.

Lindberg hid in the bathroom, thinking he was next, Meagher said. “There were more gunshots,” Meagher said.

“For whatever reason, they forgot about him when they left,” Meagher said.

Soon after, Lindberg met up with an approaching sheriff’s deputy and looked at a photo to identify Booth, according to Meagher.

In just a little more than 30 minutes of opening statements, Meagher also told jurors a fully loaded pistol found in the attic of the Spokane home where Booth was subsequently arrested, had Booth’s DNA on it.

Booth is also charged with unlawful possession of a firearm and attempted extortion.

“The reason for the ‘attempted’ is it wasn’t completed,” Meagher said. “He didn’t get any money out of these people. He shot them instead.”

Defense attorney Hunko deferred making an opening statement.

The trial will resume at 9:30 a.m. tomorrow.

Chief Criminal Deputy Prosecutor Brad Meagher waits for the jury to be seated.

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Read from Saturday Aug. 21, 2010, “Manhunt spreads to Spokane and beyond after three fatally shot in Onalaska” on Lewis County Sirens, here

John A. Booth Jr., far right, stands behind his attorney Roger Hunko, as prosecutors and the judge discuss jury selection.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The top floor of the Lewis County courthouse was packed today with about twice as many potential jurors as usual in the attempt to seat a panel for a triple-murder trial that has seen extensive coverage in the news media for more than a year.

Former Onalaskan John A. Booth Jr. for the first time today shed his red and white striped jail garb and appeared in a navy jacket, slacks and a tie for the proceedings in Chehalis.

Booth, 32, is charged with murder and other offenses related to the August 2010 gunshot deaths in Salkum of  David West Sr. 52, West’s 16-year-old son David West Jr. and a friend Tony E. Williams, 50, of Randle. He is also charged with attempted murder of West Sr.’s girlfriend, Denise Salts, then 51 years old.

The potential jurors were pared from 170 down to 77 by the end of today. Lewis County Superior Court Judge Richard Brosey told those remaining he thought jury selection was about halfway finished when he sent them home for the day.

Brosey warned them not talk about the case, read about the case or do any research on the Internet about it.

“Don’t do any “tweets”, don’t do any blogs, none of that ” Brosey said.

Booth’s lawyer, Roger Hunko of Port Orchard, had unsuccessfully attempted to get the trial moved to another county, citing extensive pre-trial publicity.

While a large number of potential jurors were excused citing work conflict issues with a trial the judge said could go until the end of next week, most of the courtroom time today was spent on individual voire dire.

About 28 individuals wrote in a questionnaire they had heard or read about the case and already formed an opinion.

They were brought into the courtroom one at a time so attorneys could inquire further, without having other potential jurors hearing any of the details they might bring up.

Nearly all of them were excused.

Chief Criminal Deputy Prosecutor Brad Meagher is handling the case, with assistance from Deputy Prosecutor Will Halstead.

Prosecutors have alleged Booth and Ryan J. McCarthy visited the house on Wings Way in connection with collecting money for drug debts or a “perceived” debt owed to Robert “Robbie” S. Russell.  One of the victims, West Sr. was a witness in a pending case against Russell.

The victims were all shot in the head.

McCarthy, 30, was sentenced in September to a little more than 14 years for his role following an Alford plea deal. Russell, early on named a person-of-interest in the triple homicide, was not charged in the case, but was sent to prison following unrelated convictions.

Booth is charged with:

• Second-degree murder in the death of David West Sr., while armed with a firearm.

• First-degree murder, premeditated, in the death of David West Jr., while armed with a firearm, and demonstrating an egregious lack of remorse.

• First-degree murder, premeditated, in the death of Tony E. Williams, while armed with a firearm, and demonstrating an egregious lack of remorse.

• Attempted first-degree murder, premeditated, in regard to Denise Salts, while armed with a firearm.

• Attempted extortion of David West Sr. between Aug 8 and Aug, 21, 2010.

• First-degree unlawful possession of a firearm.

•••

Correction: This news story has been updated to reflect Ryan McCarthy’s correct age.

•••

Read background on the case:

• “West Sr. pointed shotgun telling pair of ex-cons to leave his house, triggering triple homicide, unsealed court documents allege” from Saturday Sept. 4, 2010 here

• “Unsealed document: More details on Salkum slayings” from Monday Sept. 6, 2010 here

Fire survivor "Boozer" rests after making small attempts to play with a ball.

By Sharyn  L. Decker
Lewis County Sirens news reporter

WINLOCK – Boozer, an 11-year-old black Labrador, is slowly recovering from burns that singed his face and fur and left wounds on his paws and an elbow.

He and two female Labradors escaped or were rescued when a small barn used as a kennel went up in flames early last week at the Winlock home of Tina and Bill Powe and their two teenaged children.

Ten other dogs and a litter of five-week-old puppies weren’t so lucky.

Tina Powe

Many more of the family’s Labradors and some who are being boarded temporarily were unhurt because they were housed in another building and an outside kennel.

The Powe property is home of Pridezion Labrador Retrievers, a breeding and obedience training facility on the 700 block of South Military Road.

“Some people think it’s kind of silly to hurt this bad over it, but they were family,” Tina Powe said.

Powe calls the building that burned the “nursery”. It’s where retired dogs and puppies slept in pens.

The fire investigator says the cause of the fire will be listed as undetermined.

There was just too much damage to pinpoint it, but more than likely was related to a heat lamp, Fire Investigator Jay Birley said yesterday.

Exactly what happened is somewhat unclear.

Firefighters from three departments called about 6:30 a.m. on Nov. 22 found the metal barn fully involved in flames and fought it defensively.

Tina Powe said she was awakened by dogs barking and saw a glow through a window. When she opened her front door, Boozer and two female Labradors were standing on the front steps, she said.

She and her husband went outside and tried to rescue dogs, she said.

“Oh my God it was hot, so hot,” she said. “And I didn’t know smoke was solid.”

Bill Powe ended up with burns on his hands and stomach. Tina Powe collapsed.

“It felt like my spirit was leaving me. I felt like I was dying,” she said dissolving into a sob and then taking a moment to breathe slowly. “I can’t talk about that.”

Friends of the family, two men and two teenage boys took care of retrieving the casualties and took them to Aberdeen to be cremated.

They are all together in an oversized wooden urn that yesterday sat on a china hutch in the family’s dining room.

They’ve gotten the go-ahead from the insurance company  to tear down the building, and yesterday worked on reinforcing the outdoor kennel with tarps for warmth.

The contents were not insured, so they face replacing all their dog-care supplies, such as food and supplements, blankets, toys and leashes, she said.

Boozer, a retired stud and hunting dog, rested on a blanket in the living room.

His eyes itch, she said. His paws are still swollen, but the skin has grown back. He’s been on antibiotics and pain medicine.

“This has taken a lot out of him,” Tina Powe said.

Just yesterday morning, she said, his ball was nearby, tucked inside a “chucker” and he was trying to get it out to play.

“This is how I knew he was okay,” she said.

The small barn that was used a a nursery for Pridezion Labrador Retrievers will soon be torn down.

By Sharyn  L. Decker
Lewis County Sirens news reporter

Fire broke out in a Centralia home last night on North Tower Avenue causing extensive damage.

Firefighters called about 7:45 p.m. said it appeared the fire was burning toward the front of the house but then discovered it had may have begun in an attic near the rear, Riverside Fire Authority Capt. Terry Ternan said.

A resident who was sleeping was awakened by a smoke detector and escaped out the front door, Ternan said.

His wife and children were not home at the time, and they will all stay with relatives, Ternan said.

The one-story wood frame house is on the 1000 block of North Tower Avenue.

The man was evaluated by paramedics, Ternan said he assumed for smoke inhalation.

The cause is under investigation.

A Mossyrock family was a little more fortunate yesterday when an RV inside their carport caught fire.

Lewis County Fire District 3 was called about 1:20 p.m. to the 300 block of Mossyrock Road West.

“It extended to the garage area but the house virtually had no damage at all,” Fire Chief Doug Fosburg said.

Nobody was home at the time, Fosburg said.

More than a dozen firefighters battled the blaze that appeared to have originated with an electrical issue in the motor home, according to Fosburg.

“We got the fire knocked down pretty good, but we spent a lot of time overhauling to make sure there weren’t any hot spots,” he said.

A garage, storage area, carport and motor home burn on the 300 block of Mossyrock Road West. / Courtesy photo by Taryn Houghtelling

Todd D. Phelps, left, passes defense attorney Bob Schroeter as he leaves the courtroom in Chehalis.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A now-former softball coach at Pe Ell High School went before a judge this afternoon to face an additional charge in connection with alleged sexual contacts with a 16-year-old player on the girls’ team.

Todd D. Phelps, 52, of Pe Ell, is charged with third-degree rape now as well as second-degree sexual misconduct with a minor.

The new count followed further investigation of an incident that allegedly occurred in July in which the girl said Phelps asked her to meet him at his brother’s Pe Ell residence to discuss cuts to her legs and asked her to lower her pants, according to charging documents.

Charging documents allege he kissed her, touched her and suggested more, and she said told him, “No, please don’t.” They engaged in sex and she said “she was very scared and just wanted it to be over,” charging documents allege.

Phelps resigned at the end of April after two years as an assistant coach. His resignation was because of a violation of school policy regarding social contact with students, according to the school district superintendent.

He was summoned into Lewis County Superior Court today where Judge Richard Brosey said he could remain free if he signed a $25,000 unsecured appearance bond.

Phelps was scheduled to return to court Dec. 8 to make his plea.

Phelps was arrested last month following the report about two incidents made in September to the Lewis County Sheriff’s Office.

At the time, he was charged only with second-degree sexual misconduct with a minor in connection with an April 2 encounter with the girl. On that day, according to charging documents, he had asked her to stop by his house and asked her to take off her pants so he could see some cuts on her legs.

She told a deputy Phelps began hugging her, pulled her into his lap and kissed her.

She described her relationship to him as that of a student and coach, and as part of a “second family,” charging documents state.

Third-degree rape carries a maximum penalty of five years in prison. Second-degree sexual misconduct with a minor is a gross misdemeanor with a maximum penalty of 364 days in jail.

If convicted, Phelps would be required to register as a sex offender.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Christina Kelley’s uncle died yesterday and she was asked by her aunt to handle his burial arrangements.

He owns a plot with six graves in Centralia, and wants to be put to rest there, where his grandson and mother-in-law already slumber beneath the ground.

However, the grave is inside Greenwood Cemetery, a memorial park caught in legal limbo.

Kelley, who lives in Monroe, said she couldn’t reach cemetery owner John Baker, who she’s been told is barred from his home, which doubles as a cemetery office.

Kelley spoke with Jennifer Duncan, the woman who served as temporary caretaker while Baker spent time in prison last year. Duncan told her that although she currently holds the license to make burials, she’s banned by court order from the property.

“The immediate problem, is we’ve got a family member who needs to be buried,” Kelley said on Monday. “If I could go dig the hole myself, I would.”

It’s a problem, Kelly said, as she made a round of phone calls looking for a solution.

Her uncle, Charles L. Sticklin, a 1959 graduate of Centralia High School, is a grandson of the cemetery’s founder, she said.

He’s been in and out of the hospital for the past month, and his heart finally gave out Monday morning, she said. He died in a veterans hospital in Meridian, Idaho, she said.

Kelley contacted the state cemetery board and was told they can’t help her, she said.

Joe Vincent, the administrator of the state Funeral and Cemetery Board, confirmed that Duncan as the licensee, is the only individual allowed to authorize burials, but the property rights of Baker somehow “carry more weight than burial rights.”

Duncan and Baker were in court in late August, when Lewis County Court Commissioner Tracy Mitchell gave Duncan 30 more days of an anti-harassment order keeping Baker out of the park in order for Duncan to wrap up obligations she’d made to cemetery clients.

The longtime friends were feuding and Baker said he wanted her to stop managing his cemetery.

Baker today when he learned of Sticklin’s death, said the cemetery will “doubly” bend over backwards to make sure he gets interred.

“I think I have the authority to open and close graves, as owner,” Baker said. It’s a different kind of authority than that the state licensing board conveys, he said.

While he is prohibited from living in his house, because, he claims, Duncan let his utility bills go in arrears and the electricity was shut off, he’s around there in the daytime and has a new phone number, he said.

If Duncan would “bow out” he’d get someone else to make burials, he said.

Baker obtained a temporary anti-harassment order on Oct. 31 prohibiting Duncan from coming within 500 feet of the cemetery, his home and office.

Meanwhile, Duncan is doing what she can, and hoping she can bury Kelley’s uncle.

Sticklin owns the grave and had previously paid for the burial expenses, according to Duncan.

Tomorrow, Baker will be sentenced for several violations of her anti-harassment order, as well as stalking and trespassing at the cemetery, and Duncan is going to ask that she be allowed to continue making burials until her license expires at the end of January, she said.

She expects part of Baker’s sentence will include him being prohibited from coming within 300 feet of her, as she is the stalking victim.

She’ll be in court tomorrow at 1:30 p.m.

“I’ll bring it up, it’s the perfect time to bring it up,” Duncan said.

Also, Vincent of the cemetery board said yesterday, that last week he signed and delivered a statement of charges against Baker for past issues.

“He’s looking at multiple sanctions by the board,” Vincent said.

•••

Read background here:

• “Conflict: Who will bury the dead in Greenwood Cemetery?” from Friday September 2, 2011, here

• “Cemeterian Baker charged with stalking caretaker Duncan” from Friday September 23,  2011, here