Archive for the ‘Top story of the day’ Category

Lawyer wants evidence of 2009 Centralia bank robbery tossed out

Thursday, July 28th, 2011
2011.0728.larohmotion_2

Michael Anthony Lar is shown his seat in Lewis County Superior Court this morning.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Defense attorney Don Blair asked a judge today to suppress evidence against accused bank robber Michael Anthony Lar, contending police made an illegal arrest of Lar in January 2010.

Lar is currently serving a sentence of life in prison without any possibility of release following his conviction for the attempted robbery of Twin Star Credit Union in Centralia on January 25 of last year.

While he was being held in the Lewis County Jail and on trial, police got DNA samples they say matched material found on duct tape from an unsolved similar robbery at the same financial institution in January 2009.

The 58-year-old is awaiting trial on the 2009 robbery.

Blair told Lewis County Superior Court Judge James Lawler today his motion to suppress evidence stems from the arrest in the 2010 case, and an expected decision this fall on Lar’s appeal of that conviction could settle the issue.

The judge did not make any decision today on the motion.

Employees arriving for work at Twin Star Credit Union on South Gold Street early on Jan. 25, 2010 found a man inside, who held one of them briefly, until an arriving Centralia police officer pulled her out a door to safety and fired two shots at the man inside the bank.

Officers set up containment around the building and entered several hours later to find nobody inside.

About 9:45 p.m. that night, according to Blair’s motion, Olympia police were advised of a suspicious person waiting for a cab at a downtown hotel; Lar was taken by a taxi but pulled over about two blocks away.

Blair goes on to write: Lar was ordered out of the vehicle at gunpoint and ordered to lay face down on the ground. Arriving Centralia police officers immediately ordered Olympia officers to arrest him.

“At the time Mr. Lar was arrested, he had not even been rolled over from where he was laying,” Blair wrote.

Lar was taken to the Olympia Police Department where he was searched and photographed, according to Blair.

Charging documents in the case describe a Centralia police officer who waited in the hospital room with Lar at Harborview Medical Center in Seattle, and then interviewed him.

Blair writes the the burden is on prosecutors to prove the warrantless seizure and arrest was justified under one of the exceptions to the warrant requirement.

Lar’s trial is currently scheduled for the week of Nov. 28.

Lewis County Prosecutor Jonathan Meyer today said even though Lar was sentenced to life under the three strikes law for the 2010 case, his office finds it necessary to pursue charges in the 2009 robbery.

That’s because it’s potentially possible Lar could be successful in his current appeal, Meyer said.
•••

Read background on the two cases, here

Attorneys ready for another bank robbery trial; same Centralia institution twice in two years

Wednesday, July 27th, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A 58-year-old man whose history reportedly includes at least seven bank robberies – some he’s been convicted of and some he’s admitted to – over more than a quarter of a century will be in Lewis County Superior Court tomorrow as lawyers prepare for his November trial, for bank robbery.

Michael Anthony Lar is currently serving a sentence of life in prison without any possibility of release following the attempted robbery of Twin Star Credit Union in Centralia and a jury trial last year.

In that case, according to court documents, Lar broke a window early on a January morning and waited inside for employees to arrive to the building on South Gold Street.

Court documents describe how his plan was foiled, but he nearly evaded capture:

The first entering employee screamed, prompting a call to 911 and the arrival of police. An officer pulled the woman outside to safety and fired two shots at the ski-mask wearing, would-be bandit.

Police surrounded the bank, but after hiding in nearby bushes nearly 12 hours, a wounded Lar called a taxi and headed to Olympia, where he was arrested the same night.

His BB gun, six-inch knife and ski mask were later found north of the bank.

Lar was convicted by a jury in March of last year in Lewis County Superior Court of first-degree attempted robbery, first-degree kidnapping and first-degree burglary.

While he awaited sentencing, a Centralia police detective got DNA samples that matched material found on duct tape from an unsolved similar robbery at the same financial institution a year earlier, according to court documents.

According to charging documents in the current case, Lar was waiting for employees to arrive early on the morning of Jan. 2, 2009.

The documents go on to allege how he managed to get away with approximately $360,000:

As the second employee began to enter the building, she heard crunching in the snow behind her, and was pushed inside.

He told the two women to open the vault and get the armored car cash drop which had been delivered two days earlier. He ordered them to lay face down on the floor and duct taped their hands and feet together before leaving.

Lar was charged in May of last year with first-degree robbery, two counts of unlawful imprisonment and first-degree burglary.

When he was charged, court documents showed he had a north Seattle address, although he was in the Lewis County Jail awaiting sentencing. He is currently residing in prison.

Tomorrow morning’s hearing is the type in which attorneys on both sides typically report to a judge if they are or are not on track for an upcoming trial.

Lar’s trial is scheduled for the week of Nov. 28. His defense attorney is Don Blair.

He is appealing last year’s conviction.
•••

Court documents note the following other bank robberies in which Lar has either been convicted of or admitted to. He reportedly often used an air pistol:
• 1982, Wyoming
• Dec. 22, 1984, Interwest Savings Bank, Stanwood
• Feb. 21, 1985, First Interstate Bank, Stanwood
• March 14, 1996, Riverview Savings Bank, Longview
• March 29, 1996, First Community Bank, Centralia
• May 31, 1996, First Community Bank, Tumwater
• July 24, 1996, Mohave County Federal Credit Union, Arizona

Online visits for jail inmates coming to Lewis County

Wednesday, July 27th, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Lewis County Jail is moving forward to install an Internet-based system for visitation with inmates that some are hoping will be expanded to offer a form of telecommuting in other parts of the local criminal justice system.

Inmates have not enjoyed face-to-face visits for years, since the new jail was built and a video screen visitation system was installed in the Chehalis facility.

But Jail Chief Kevin Hanson says that equipment is antiquated and hard-wired into the building; and he’s found a program he says is more versatile.

If inmates have family who live far away, they would not have to drive to Chehalis for a visit, according to Hanson. They could just log in from home, he said.

It could still only happen during the inmate’s scheduled visitation time and would cost the user about $9 for a 30 minute session, according to Hanson.

And, while children are not allowed into the the jail for visits under the current setup, they could visit through the Internet system, he said.

Another advantage is the session would be archived for a period of time, and will be a good tool for detectives investigating certain crimes by watching the visits.

The system could potentially be used by others, according to Hanson. For example, defense attorneys could have meetings with their incarcerated clients over the Internet.

Lewis County Prosecutor Jonathan Meyer could perhaps avoid the expense of flying in expert witnesses for trials, by putting them “virtually” on the witness stand, according to Hanson.

Hanson said they hope to have the new visitation system in place by this fall, and move on to phase two of the plan; using it for video arraignments in court.

Centralia Municipal Court and Chehalis Municipal Court are on board with the idea, according to Hanson.

Hanson and Sheriff Steve Mansfield have touted the cost savings and increased security from not having to transport inmates to the courts to actually see judges.

Centralia Police Chief Bob Berg said last week he likes the idea of his officers not having to drive over to jail to bring inmates back to Centralia for court.

“It would save us a lot of money, but what really sold me on it is increased security of the court,” Berg said.

The judges in Lewis County Superior Court and Lewis County District Court are opposed to video arraignments  in their courtrooms however.

District Court Judge Michael Roewe cites a number of factors including their belief it violates court rules and would impose unnecessary work on other participants working in the criminal justice system.

Former Chehalis medical clinic owner sentenced for Medicaid fraud

Saturday, July 23rd, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The former office manager for a Chehalis medical clinic is serving four months in jail for falsifying Medicaid claims.

Robert L. Miller Jr. 61, was sentenced in Lewis County Superior Court this week following a plea agreement that included Miller repaying some $30,000 in billings to the state, according to court documents.

Miller was part owner of Wooten Primary Care, a clinic that employed two temporary physicians after Dr. David A. Wooten found his license suspended in the spring of 2006.

Miller billed Medicaid using those doctor’s Medicaid numbers after they were no longer working there, and put the money into the corporate account, according to Washington State Assistant Attorney General Aileen Miller.

“We know those doctors didn’t provide the services, because they were not there,” Miller said yesterday.

Robert Miller pleaded guilty in January to first-degree theft and Medicaid false statements. His sentencing was held off until Wednesday, until after he paid restitution which he has done.

Several counts of false statements were dismissed as part of the deal, according to Aileen Miller. The remaining count involved Robert Miller submitting statements to Medicaid falsely saying Wooten sold the practice, according to Aileen Miller.

Wooten Primary Care had some 6,000 patients when the state Department of Health suspended Wooten’s’ license with allegations of substandard care relating to narcotics prescriptions, threatening behavior and romantic relationships with patients.

His license was reinstated with conditions, but in early 2008 the clinic on South Market Boulevard closed.

Robert L. Miller, who is Wooten’s father-in-law, has a 2003 conviction in Michigan for embezzlement, according to the court file.

His lawyer wrote in court documents he has been working as a sales manager for the past year and half in his home state of Indiana.

Breaking news: Thurston detectives investigating body found off Gate Road, near Rochester

Thursday, July 21st, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

Detectives are on the scene where the body of a woman who appears to be in her mid-20s was found by a roadside mowing crew outside Rochester this morning, according to the Thurston County Sheriff’s Office.

The sheriff’s office was called about the discovery about 10:30 a.m. near the 10,100 block of Gate Road in between Rochester and Little Rock.

“(They) spotted a vehicle off the road in the bushes, got out to investigate and found a female on the ground in front of the car,” sheriff’s Lt. Greg Elwin said.

The sheriff’s office is investigating the death as suspicious, because it’s not obvious how she might have died, Elwin said.

“It’s kind of an odd, remote location,” Elwin said.

A rifle was found at the scene, but they have not determined if it is related, he said. He declined to specify where the firearm was found.

Detectives suspect the woman is the registered owner of the car, he described only as a sedan. It is registered in a city in Eastern Washington, he said.

Former Lewis County deputy’s reinstatement to be appealed

Wednesday, July 20th, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – While a judge decided last week former Lewis County Sheriff’s Office Deputy Hal Sprouse should get his job back, that isn’t likely to happen anytime soon.

Sheriff Steve Mansfield plans to appeal Friday’s decision by a Cowlitz County Superior Court judge, a sheriff’s office spokesperson said yesterday.

2010.0620.mansfield.campaignpic.trim_2

Lewis County Sheriff Steve Mansfield

“The only comment we have is we are appealing the case and we have no other comment at this time, due to the current litigation,” Chief Civil Deputy Stacy Brown said.

Sprouse, now 61, was terminated by Sheriff Mansfield in January of last year, and the Lewis County Civil Service Commission subsequently upheld the firing.

Sprouse’s termination stemmed from the sheriff’s office’s contention that Sprouse was insubordinate and violated the chain of command when he contacted a deputy prosecutor to say he believed some of his superiors were engaging in intimidation and witness tampering – of him – during an outside investigation of Mansfield’s handling of a runaway girl case in 2009.

Court documents indicate the intimidation that Sprouse was alleging followed a complaint by the Lewis County Deputies Guild to the Lewis County prosecutor that led to an investigation by the Washington State Patrol about potential misconduct by the sheriff including allegedly harboring a runaway; the 16-year-old girlfriend of Mansfield’s son.

Sprouse believed he was being intimidated as a potential witness in any action that might be brought against the sheriff, documents in the court file state.

The sheriff’s office also contended Sprouse was dishonest when he failed to reveal to a superior he had spoken to the deputy prosecutor about his witness tampering concerns.

While the Civil Service Commission that reviewed Sprouse’s termination concluded Sprouse was not insubordinate, did not violate the chain of command and was not untruthful, the three-panel board still decided the sheriff terminated Sprouse in good faith for just cause.

The commission wrote in its April 27, 2010 decision Sprouse’s call to the deputy prosecutor was without a good-faith belief a crime was committed; that it was vindictive and retaliatory for a letter of discipline he had been given.

“This action, in our determination, irreparably erodes the confidence the Lewis County Sheriff and his command staff have in Deputy Sprouse,” the commission wrote.

Sprouse filed his appeal of the commission’s decision in Lewis County Superior Court in May of last year. All three local judge’s recused themselves, so an outside judge was asked to preside.

Cowlitz County Superior Court Judge Stephen Warning’s ruling on Friday overturned the firing, Sprouse’s attorney Rick Cordes said yesterday.

“The judge said the evidence didn’t support that Sprouse was being vindictive when he went to the deputy prosecutor,” Cordes said.

The Tacoma attorney, Richard H. Wooster, who is representing the sheriff’s office, declined to comment on the case.

While Sprouse’s situation wasn’t necessarily directly related to the runaway girl case, “It’s all part of what was going on when he had these conversations with sheriff’s office (superiors) and the conversation with the deputy prosecutor,” Cordes said.

Sprouse was the first deputy to respond in March 2009 to the report of a runaway girl by her parents, – a girl who was staying with the sheriff’s son on the sheriff’s property, according to Cordes.

He didn’t feel comfortable investigating his boss,” Cordes said. “During that time, he felt there was some pressure to ‘stay in line’.”

Documents in the court file – Sprouse’s appeal of his termination – describe that as sheriff’s office command staff investigated a leak to the press of the outside investigation of the sheriff, Sprouse was given a letter of discipline for allowing his adult son and the son’s girlfriend to view a sheriff’s office report on the matter.

It didn’t lead to a conclusion about who leaked the report, but Sprouse was angry about getting disciplined and it was after that Sprouse began making allegations, according to a document filed by the sheriff’s office attorney Wooster.

Sprouse shared his concerns with two sergeants, who disagreed he was the target of witness tampering, according to Wooster’s filings.

On Oct. 24, 2009, Sprouse was informed there would be an interview in a few hours with another sergeant who would review his concerns, Wooster wrote, and he was directed not to speak about it to anyone other than his union representative.

Before that interview, Sprouse contacted the on-call deputy prosecutor, Jonathan Richardson and claimed witness tampering and intimidation, according to documents in the court file.

Within the week, the sheriff’s office learned what Sprouse had done. He was terminated Jan. 15, 2010.

Sprouse’s lawyer Cordes argued in one of his briefs to Judge Warning, as the Civil Service Commission had already stated, that deputies are sworn to uphold the laws of the state of Washington and nobody may order a deputy not to report a crime.

Cordes said Sprouse wants his job back, and theoretically Friday’s decision mean’s he will get reinstated with back pay and benefits.

Except the sheriff’s office is appealing, he said.

And that means, “If he wins, then they’ll owe him for close to four years in back pay,” Cordes said.

Sprouse, who started work at the sheriff’s office in November of 2001 after retiring from the Phoenix, Ariz. Police Department, is currently selling real estate locally.

Side notes:

Deputy Prosecutor Richardson passed along Sprouse’s allegation of witness tampering to elected Lewis County Prosecutor Michael Golden, who referred the matter to the Washington State Patrol.

After a limited inquiry, the state patrol concluded no further action would be taken on Sprouse’s allegations.

And, the investigation of Sheriff Mansfield ended in Nov. 2009, with the state Attorney General’s office faulting Mansfield for failing to ask an outside agency to handle the runaway case, but declining to file a criminal charge against the sheriff.

•••

Read the Lewis County Sheriff’s Civil Service Commission, “Decision after hearing” in the matter of Deputy Hal Sprouse: signed April 27, 2010, here

Wanted: Mystery “shopper” stealing from woman’s freezer

Tuesday, July 19th, 2011
2011.0718.freezer.burglar

Surveillance footage from inside a Centralia area garage captured this image about 4:50 a.m. on Saturday

By Sharyn  L. Decker
Lewis County Sirens news reporter

Diana Howard says she has a regular nighttime visitor to her Centralia-area garage, picking through the stock of goods she keeps in her freezer, and she’d like him to “shop” elsewhere.

Four times in the past month, the 63-year-old has discovered various items missing from the upright freezer she keeps in her detached garage, she said.

It’s disturbing to realize that when she is sleeping, someone has been prowling around in her garage, she said. Howard thinks he may live nearby, because he seems to know when she makes a run to Costco, she said.

“He’s very fond of seafood,” Howard said. “First it was (a carton of) cigarettes, the next time a six-pound bag of scallops, then a carton of cigarettes, then a whole bag of shrimp.”

Early last week, Howard set up a surveillance camera at her property on Old Highway 99 near 220th Avenue Southwest.

She was hoping it would capture pictures of the intruder, but when it did just before 5 o’clock on Saturday morning, she was more than startled.

“That was without a doubt, the creepiest feeling I’ve ever had in my life,” Howard said yesterday.

She reported it to the Thurston County Sheriff’s Office, and is hoping someone will recognize the man in the footage.

In the surveillance photos, she can see he brought a black garbage bag with him, pulled it out and began loading it up, she said.

“It’s just bizarre, he’s picking through the freezer,” she said. “He passed up the Costco lasagna, go figure.”

Howard said her husband passed away a year ago, and sometimes at night when she can’t sleep, she goes into her garage to smoke a cigarette and pray.

“I feel very fortunate I have not run into him,” she said.

Howard said she never used to lock the garage, and intentionally left it unlocked after she installed the camera.

But it’s locked now, she said.

Thurston County sheriff’s Lt. Greg Elwin said today they will be reviewing the pictures when they get them.

He cautions however, that “baiting” a felon by leaving a door unlocked is potentially dangerous and not a good idea.