Lewis County Sirens.com

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – John A. Booth Jr.’s lawyer filed a motion today asking that his client’s triple murder trial be moved to a different county because of so much pre-trial publicity by the news media.

John A. Booth Jr.

Booth, 32, is charged with murder and other offenses related to last summer’s gunshot deaths of two men and a teenage boy inside a Salkum-Onalaska area home.

The trial is scheduled to begin November 7 in Lewis County Superior Court in Chehalis.

Booth’s former cell mate Ryan J. McCarthy was sentenced last week to 14 years in prison, following a plea agreement, for his role in the events of August 21, 2010.

Defense attorney Roger Hunko said he wants a different jury, that hasn’t heard so much about the case.

Lewis County Chief Criminal Deputy Prosecutor Brad Meagher says lawyers always make that kind of request.

The two attorneys are set to go in front of a judge on Monday to hash out that and other disagreements such as jury questions, a request to dismiss the attempted extortion charge and what if any of Booth’s criminal past can be brought up at trial.

“The purpose of that (last issue) is so people can be tried not on what they’ve done before, but what they’re charged with,” Hunko said today.

Prosecutors allege Booth and 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, David West Sr. 52, was a witness in a pending case against Russell.

Also found dead were David West Jr., 16, and a friend Tony E. Williams, 50, of Randle. Denise Salts, then 51, who was also at the home survived a gunshot wound to her face.

Booth, formerly of Onalaska, was picked up in Spokane on a $10 million warrant four days after the slayings.

He has since then been held in solitary confinement in the Lewis County Jail.

Twice last month, a sheriff’s detective visited Booth inside the jail and recommended new charges to the prosecutor, once after Booth allegedly “became enraged and began smashing windows” outside his cell and then after guards reportedly found a metal file portion of a fingernail clipper in Booth’s pocket.

Just days before lawyers finalized a plea agreement for McCarthy, Booth allegedly used a metal handle from a mop bucket to break four panes of safety glass, according to the sheriff’s office.

It happened about 10:30 a.m. on Sept. 1, and was captured on surveillance video, according an incident report.

The detective writes that Booth was on his “one hour out” of his cell that day when he walks around in the Pod (adjacent secure and otherwise vacant day room) and attempts to make a phone call.

He uses the broom and dust pan to clean out his cell and then returns to the mop bucket location, detective Dan Riordan writes.

“(H)e removes the yellow squeegee portion of (the mop bucket), examines it for some time and then begins to smash the windows,” Riordan writes.

Then Booth put the implement back down, went into his cell and closed the door, according to Riordan.

When asked about the windows, Booth stated it was “spontaneous combustion,” Riordan wrote.

Jail Chief Kevin Hanson said he didn’t have any reason to think his inmate was attempting to escape.

“I suspect he may have been angry about something,” Hanson said.

The shatter proof glass is three-quarters-inch thick and very durable, according to Hanson.

“I’ve seen people hit, kick, punch and throw stuff at them, but only on three occasions in my 20 years here have I seen the glass break,” he said.

The detective referred the report to the prosecutor for a charge of first-degree malicious mischief, but no charge had been filed as of yesterday.

Neither has a charge been filed of possession of a weapon by a prisoner, recommended by Riordan after a find on Sept. 10.

Jail guards were patting Booth down as they were returning him to his cell after a cell “shakedown” and discovered what appeared to be the file portion from a pair of finger nail clippers Booth had been allowed for temporary use, according to Riordan’s report. It was approximately two-inches long.

Booth said it was nothing and asked for it back, according to the report.

“This item is easily transformed into an instrument that can be used for stabbing, i.e., a prison shank,” the detective wrote.

Also seized by the detective were two handwritten notes from Booth’s cell, one that reads as a poem about a prison shank, and a similar writing about a rifle.

Booth didn’t want to talk with the detective about the nail file, according to the incident report.

Jail Chief Hanson said the replacement cost of the safety glass is close to $4,000 and the county would be seeking restitution from Booth.

Hanson also said Booth has lost all his privileges, such as being able to make purchases at the jail commissary.

He now is locked down in his cell 24 hours a day, except for one hour out every three days, Hanson said.

Booth is charged with attempted extortion, attempted murder of Salts, second-degree murder of West Sr. and first degree murder of David Jr. and Williams, as well as unlawful possession of a firearm.

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Read most recent story, “Court hearing reveals more details about Salkum triple slaying” from Saturday October 1, 2011, here

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – For the first and maybe the only time, a courtroom of spectators this week got to hear Ryan J. McCarthy’s description of what happened inside a single-story house on Wings Way very early on the morning of August 21, 2010.

Ryan J. McCarthy

After he and John Booth Jr left, three people including a teenage boy were dead, and a woman lay on the kitchen floor bleeding, all from gun shots to their heads.

McCarthy, now 30, was sentenced this week for his role in last summer’s events in the Salkum-Onalaska area home.

Late last summer, prosecutors charged both men with all three murders, saying it didn’t matter which one pulled the trigger.

Lewis County Chief Criminal Deputy Prosecutor Brad Meagher told a judge in court earlier this month that Booth fired the shots and “Mr. McCarthy was there.”

On Wednesday, as McCarthy appeared in Lewis County Superior Court in Chehalis for sentencing following a plea agreement, his lawyer said that was pretty much the extent of his client’s role, he was present.

Olympia defense attorney Rick Cordes told the court McCarthy didn’t commit the crimes he was charged with, the crimes he pleaded guilty to, or the crimes he was being sentenced for.

“If he was guilty of anything, it’s because he didn’t choose his friends right, who to be loyal to,” Cordes said.

McCarthy and former Onalaska resident Booth were both picked up and jailed after the shooting deaths of  David West Sr. 52, his son David West Jr., 16, and a friend Tony E. Williams, 50, of Randle. Denise Salts, then 51, who also lived at the house, survived a gunshot wound to her face.

McCarthy had just been released from prison less than a month earlier. The Redmond resident and Booth were former cell mates.

From the beginning, authorities have been saying the men’s visit to the house was related to some kind of debt collection and gun fire broke out when West Sr. brought out a shotgun and told them to get out of his house.

Cordes told the judge Wednesday afternoon that when West. Sr. said that – “You two m***** f****** get up and get out of here,” that’s what McCarthy did.

“He pushed his chair back, got up from the table and ran outside,” Cordes said. “He was outside when he heard shots fired.”

Cordes said McCarthy ran back in, but turned and left and was outside when a final shot was fired.

“He didn’t touch anybody, he didn’t shoot anybody,” Cordes said.

And he passed a lie detector test that confirmed his story, according to Cordes.

Cordes said his client entered into the plea agreement because nobody knows what  jury will do, and he faced the possibility of life in prison if he were convicted.

“The fact that he’s getting 14 years is a black eye on the criminal justice system,” he said.

Prosecutor Meagher didn’t offer the court on Wednesday his reasoning for plea bargaining, but Judge Richard Brosey spoke of what he supposed was a concern prosecutors had about going to trial.

“One problem, it’s not a crime just to be there,” Brosey said. “The state would have to show a person did something to facilitate the crime.”

McCarthy pleaded guilty three weeks ago, per the plea agreement, to first-degree robbery, first-degree burglary and attempted extortion

He did so under doctrines under which he pleaded guilty to crimes he did not commit to escape consequences of more serious charges, and agreed  if a jury heard and believed the state’s evidence, he would likely be found guilty.

When family members and one victim addressed the court before the sentence was actually handed down, it was clear they didn’t care authorities were no longer accusing McCarthy of murder.

Dan Williams, brother of Tony Williams, raised his voice and demanded McCarthy look at him as he spoke to the court.

“I lost my brother, my best friend,” he said. “You knew what was going on.”

A woman who identified herself only as “Dee” read a statement which spoke of savage animals of society and called for “an eye for an eye”.

“Dee” spoke of having to explain to Tony Williams’ 13-year-old son there are bad people in the world.

“Even life without parole is too good,” she said.

Jodi Porter traveled from her home in Eastern Washington to tell how the death of her teenage son, David West Jr., has affected her family.

“My granddaughter has nightmares about bad people coming in and killing her whole family,” Porter said. “I want justice to be served.”

When Judge Brosey spoke to McCarthy, sentencing him to 14 years plus three months in prison, he called the events of Aug. 21 a total waste, with three people who are dead, and not coming back.

“Most glaring and most disgusting is, none of this needed to happen,” Brosey said. “There’s no reason to be playing this game of going out and collecting money.”

Extorting money involves risk, and this nonsense needs to stop, Brosey said.

“If you choose to associate with people such as Mr. (Robert) Russell and Mr. Booth, you pay the consequences,” Brosey said.

The judge noted the defendant insisted he was no more than a “co-attendee”, but added since there will be no trial, “we’ll never know the truth.”

The one member of the household who survived, Salts, was not satisfied with the plea agreement, saying it’s as though the system has forgotten three people died.

Salts addressed McCarthy directly, presumably her first opportunity since he and Booth were inside her home 13 months ago.

“What you have done is taken away something that is a part of my life,” Salts said. “Dave, his son, my best friend.”

“I’ve got so much anger for you right now, I can’ even begin to tell you,” she said.

“You’re just a waste of time, of space,” Salts said. “Do you have any remorse? Are you not sorry?”

McCarthy hesitated, but finally responded to her repeated direct questioning.

“The truth is, I didn’t do nothing,” McCarthy said.

“The truth is, you were there,” Salts said.

“Every day I miss my best friend, Dave,” Salts said. “They might as well have taken mine (life) too,” she said.

McCarthy was transferred out of the Lewis County Jail yesterday, to prison.

His attorney has said McCarthy will not testify against Booth, or anybody.

Booth’s trial is scheduled for the beginning of November.
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For more details about the plea agreement, read “Breaking news: Plea agreement for “accomplice” in Salkum triple slaying means about 14 years” from  Wednesday Sept. 7,  2011, here

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Judge Richard Brosey sentenced Ryan J. McCarthy today to 14 years in prison for his role in last summer’s events in Salkum in which three people were fatally shot and one survived a gunshot to her face.

McCarthy, 30, pleaded guilty three weeks ago to robbery, burglary and attempted extortion in order to take advantage of a plea agreement.

He maintains he did not commit any of the crimes he was originally charged with, including three murders.

His former cell mate John Booth Jr., formerly of Onalaska, is scheduled to be tried for murder in November in Lewis County Superior Court.

More later: Gunshot victim Denise Salts told McCarthy in court today what she thinks of him.
•••

Meanwhile, for details about the plea agreement, read “Breaking news: Plea agreement for “accomplice” in Salkum triple slaying means about 14 years” from  Wednesday Sept. 7,  2011, here

By Sharyn  L. Decker
Lewis County Sirens news reporter

BNSF Railway is continuing to inspect its rail line “around the clock” after the discovery yesterday of tampering in between Vancouver, Wash. and Chehalis.

“We’re looking at all aspects, all components of our railroad structures and bridges,” BNSF spokesperson Gus Melonas said at mid-day.

They are keeping on eye on the north to south tracks affected yesterday as well as throughout the Pacific Northwest, Melonas said.

Freight and passenger train traffic was shut down after the first incident was reported about 11 a.m. yesterday at the Longview Junction, according to Melonas.

The tracks were reopened in the early afternoon after inspections.

BNSF is being vague about the nature of the tampering; Melonas wouldn’t say if it caused any equipment malfunctions.

He did say there have been no interruptions of service since they reopened.

The tracks carry about 50 trains daily, 10 of which are Amtrak passenger trains.

The freight trains carry all manner of loads, including hazardous materials “from A to Z,” Melonas said, although he was quick to point out no related fatalities have occurred since 1981.

The railway police are working with outside agencies to ensure the safe movement of trains, he said.

Chehalis and Napavine police said they have had no dealings in their cities with BNSF about the issues, but yesterday about 1 p.m., Winlock Police Chief Terry Williams assisted them in processing some evidence at the north end of town, Williams said.

Williams declined to elaborate in part because he was only helping with another agency’s investigation.

Melonas declined to say if BNSF was also working with Homeland Security, only saying it’s not uncommon for them to work with local and national agencies.

“We’re not speculating at this point,” he said as to whether the tampering might be related to the dispute the Longview longshoreman are involved with.

BNSF is offering a reward of up to $10,000 for information leading to arrest and conviction. Melonas said details can be left at BNSF’s crime line at 1-800-832-5452.

By Sharyn  L. Decker
Lewis County Sirens news reporter

Law enforcement concluded their investigation into the prison death of a former Lewis County man deciding it was a suicide.

Daniel W. Johnson, 54, was found dead in his cell with a plastic bag over his head at Stafford Creek Corrections Center near Aberdeen in July.

Johnson began his prison sentence in 1993, convicted of murder after a man and a woman were found stabbed to death in a home on Elk Creek Road near Doty. The victims were the resident, Paul Pilz, and his friend Eleanor Warden.

The Grays Harbor County coroner concluded the manner of death was undetermined, finding possible asphyxia and an irregular heartbeat, but the sheriff’s office said today they found several reasons to label it suicide.

Johnson had no defensive wounds, and according to his parents had mental issues and had tried to commit suicide before, Grays Harbor County Sheriff’s Office detective Sgt. Steven Shumate said.

“It’s a combination of a number of things, we’re very confident it’s a suicide and not a homicide,” Shumate said.

When Johnson was found by his cell mate the morning of July 27, he also had a cord around his neck, but no ligature marks from it, Shumate said.

Shumate said detectives learned Johnson rarely left his cell, and had collected some plastic bags even though the prison had stopped using them some time ago. It was a thin bag that was not secured around his neck, Shumate said.

Correspondence between Johnson and a relative of one of his victims also were looked at, Shumate said.

Johnson was serving a 27-year sentence following the December 1991 deaths in West Lewis County.

Johnson, then 34, had just been released from psychiatric treatment days earlier, and had a five-year psychiatric history, according to court documents.

Coroner Dan Burns said there was nothing to indicate homicide, but the cause of death was arrhythmia – even  though there was no disease that would explain it – and a significant condition was the asphyxiation due to the plastic bag.

•••

Read previous story from Saturday July 30, 2011, here

Updated 5:44 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

The woman who died after she jumped from a moving vehicle on Interstate 5 in Centralia on Friday night has been named as Jamie M. Jacaway, 27, of Chehalis.

Jacaway had been at the Grace Foursquare Church in Centralia and asked for a ride from someone there who was heading to Chehalis, according to the Washington State Patrol.

Robert Hicks offered and they got on the freeway at Harrison Avenue, and as they reached about milepost 80 traveling at ordinary freeway speed, Jacaway opened the passenger door and jumped out, according to the state patrol.

Hicks stopped immediately and no foul play is suspected, Trooper Ryan Tanner said.

Jacaway had ended up at the church on Borst Avenue as she had caught a ride with someone heading to a program there; she was trying to get to the women’s shelter.

Tammy Carr, director of the Friday night 12-step recovery event that was under way, said Jacaway was acting erratic and clearly not doing well. They tried to get her help, tried to get her to eat, but to no avail, Carr said. They attempted to get her to stay for the 12-step meeting but she didn’t want to come in, Carr said.

The finally called police about 7:15 p.m.

Carr said Jacaway had left and came back, and then kept trying to flag down people outside, stepping into the road.

“We knew we couldn’t keep her here, we were afraid she would get hurt, or something horrible would happen,” Carr said.

By the time an officer arrived, she had left in the van, according to police.

By about 7:50 p.m., police learned of the fatality on southbound Interstate 5.

Centralia Police Department Cmdr. Jim Rich said this afternoon he’s met Jacaway several times on the job.

“Most of the calls where I dealt with her on patrol were from concerned passersby or neighbors, asking please take a look and check on this woman,” Rich said.

She’s been in the community for quite some time.

“We’ve tried to hep her, and connect her with various agencies,” he said. “I wouldn’t even try to guess what the cause of it all was.”

The Lewis County Coroner’s Office is working with her mother and father who are making funeral arrangements, according to Chief Deputy Coroner Dawn Harris.