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Lewis County jury convicts Centralia gang member of assault on teen

Friday, April 26th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A jury took less than an hour today to convict accused gang member Joshua Rhoades as charged, for a roughly 30 to 40 second fight earlier this year on a Centralia street in which a 17-year-old boy was knocked unconscious.

Rhoades, 32, told police he was the one who got jumped, after three young men rushed his car at South Tower Avenue and Cherry Street the night of Jan. 31.

The trial in Lewis County Superior Court began Wednesday. A panel of six men and six women began deliberations about 2:15 p.m. today.

Prosecutors said Rhoades jumped out of a car, flashing gang signs and asking the teen and his friends if they knew who he was and if they were  rival “Nortenos”. The teenager Dustin McLean testified on Wednesday that Rhoades held a closed knife in his fist as he struck him.

The brief brawl included two of Rhoades’ companions as well as at least two of the three boys. McLean said he was hit well over 20 times.

Rhoades was convicted of second-degree assault, with a deadly weapon enhancement and a so-called aggravator that the incident was intended to enhance Rhoades’ affiliation in a street gang. The finding means he faces the possibility of getting sentenced to the maximum of 10 years in prison.

Police say the Centralia resident belongs to the LVL and goes by the street name Spooker.

Defense attorney Chris Baum argued that at worst the conduct was misdemeanor assault, as he described in closing statements the mark or abrasion on the teen’s face didn’t amount to substantial bodily injury.

One of the other participants, Michael J. Daily, 25, was also charged with second-degree assault but has made a deal with prosecutors, according to Baum.

Judge James Lawler handled the case.

Rhoades will be back before a judge next Thursday to set a date for sentencing.

Trial in Centralia gang beating opens with testimony from teen victim

Wednesday, April 24th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A 17-year-old Rochester boy testified today he was fighting for his life when he was jumped by purported gang member Joshua Rhoades and two others in Centralia in late January.

Dustin McLean said he saw a 4-inch closed knife in Rhoades’ fist, was pulled to the ground by a female, punched by a taller white guy and then beaten and kicked.

“I was hit well over 20 times,” McLean said.

The Centralia College student was the first witness in the trial that began today in Lewis County Superior Court in Chehalis. Rhoades, 32, is charged with second-degree assault.

Deputy Prosecutor Joely O’Rourke contended in opening statements the teen was minding his own business walking to the store at night with friends when a car carrying a trio of strangers stopped near them at Fuller’s Market on South Tower Avenue looking for trouble.

O’Rourke told jurors the reason for the attack was to further Rhoades’ (aka Spooker) affiliation in the street gang, LVL.

Prosecutors have alleged in charging documents that Rhoades jumped out of a green Ford Taurus flashing gang signs, asking the teen and his friends if they were  rival “Nortenos” as he held a knife; and that he initiated a fight in which the 17-year-old was knocked unconscious.

Defense attorney Chris Baum cross examined McLean, questioning how he could possibly positively identify a knife in the dark that was held in a closed hand, why he told police he didn’t want aid and why he told a doctor he wasn’t knocked out.

Twelve jurors plus one alternate, comprised of six men and seven women, are hearing the case that is set to continue into the end of the week. Judge James Lawler is presiding.

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For background, read “Sharyn’s Sirens: Daily police and fire roundup – ALLEGED GANG MEMBER DENIES BEATING TEEN” from Thursday February 7, 2013, here

Frosty’s burglary suspect denies entering through boarded up window, taking $15,000 from safe

Sunday, April 21st, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The 37-year-old homeless man accused of pedaling a bicycle to Frosty’s Saloon and Grill in Napavine for an overnight burglary in which some $15,000 was stolen from a safe the week before last has pleaded not guilty.

Lonzo W. Lawson remains in the Lewis County Jail pending trial, held on $100,000 bail.

Prosecutors allege Lawson recently learned from a cell mate at the jail – a Frosty’s employee – there would be a large amount of cash inside and was told the layout of the tavern. A board covering a broken window was pushed out and a knife was apparently used to pry open the office door.

When Lawson was arrested April 12 at a motel in Chehalis, police found he had a new computer, cash and other new merchandise, according to charging documents. He was high on heroin and with two women who were using drugs with him, prosecutors allege.

According to charging documents, he told two acquaintances of his plan and shared some of the money with them. One man told police the money was spent on drugs, clothing and at the Lucky Eagle Casino. At least $800 was recovered.

Lawson, who was described by police as a transient with no known connections to the West Front Street establishment, denied any involvement.

A stocking cap found on the floor when an employee arrived for work the morning of April 9 was taken for DNA testing.

Lawson was charged on Monday with first-degree burglary, first-degree theft, two counts of trafficking in stolen property and possession of heroin; he pleaded not guilty on Thursday.

His trial was scheduled for the week of May 27.

Mother of dead Centralia 2-year-old admits some responsibility in case

Friday, April 19th, 2013
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Becky Heupel watches while her lawyer confers with the deputy prosecutor during her court hearing today.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Koralynn Fister’s mother pleaded guilty today to her role in the circumstances that led to the Centralia toddler’s death.

Becky M. Heupel’s short term live-in boyfriend James Reeder has been convicted of the abuse, sexual and otherwise, that led to the child dying last May, but Heupel today agreed to pay with prison time for not acting on clues something was amiss.

“Guilty,” she answered when asked by the judge.

And when Judge James Lawler concluded all his questioning and pronounced the 31-year-old guilty of criminal mistreatment in the second degree, she began to dab at her eyes with a tissue.

Heupel was free to leave after the 30 minute hearing in Lewis County Superior Court. Her sentencing won’t take place until next month.

Prosecutors haven’t suggested the mother of two participated in any way or witnessed the 25-year-old unemployed boyfriend harming the 2-year-old girl in the weeks before she died. In fact, Deputy Prosecutor Shane O’Rourke confirmed today there was no evidence she did.

If there was, she would have been facing the same kind of sentence as Reeder, O’Rourke said.

But when Lewis County Prosecutor Jonathan Meyer charged the mother last month, Meyer said spoke of Heupel’s inaction.

Meyer said he believed Heupel put her relationship with her new boyfriend ahead of the well-being of her child, ignoring warnings from others he was abusive and ignoring injuries on Koralynn she said would have prompted her to call police if they were on someone else’s child.

Koralynn died on May 24 of head injuries and drowning; Reeder told police he found her face down in the bathtub when he stepped out to get a towel. Heupel and her 4-year-old daughter had left the house about two and half hours earlier.

Reeder had moved into the household only about 10 weeks earlier. Prosecutors have said he suggested parenting duties be divided up and as a result, he spent a significant time alone with the little one, changing her diapers and giving her baths.

Prosecutors indicated a lengthy list of injuries, some old and some new found on the child’s body, such as palm-sized pieces of skin missing from her buttocks, signs of penetration, bruising, a missing toenail and more.

Last May, after Reeder’s arrest, Prosecutor Meyer called it the worst case of child abuse and neglect he’d seen in his career.

Heupel’s attorney, Paul Strophy, said today his client did see some injuries, but not any that suggested to her sexual abuse was occurring. In the final weeks, Heupel didn’t see Koralynn’s private areas, he said, adding that he believed her.

He suggested Reeder was a predator.

“On the surface, in her presence, he appeared very attentive, a good father figure,” Strophy said.

He offered to take a more hands on approach, and she appreciated it, he said.

“Obviously she now feels like she didn’t do enough and didn’t see the signs” Strophy said. “Had she known or realized what was going on, she would have put a stop to it, or got help from law enforcement.”

O’Rourke today said Heupel saw the injuries, or should have. Anybody who’s a regular parent would have, he said.

“There has to be some recognition, the fact that when you’re a parent, you watch out for this,” O’Rourke said.

Attorneys on the two sides have agreed to recommend a so-called exceptionally high sentence, but only by one day. They will suggest to the judge she go to prison for a year and one day.

Today, when Judge Lawler queried Heupel, and asked if she realized he would still be free to impose the maximum penalty of five years, she faltered.

“No,” Heupel said.

Her response prompted a 10 minute recess, during which she and Strophy left the room to talk alone.

It was after their return, and Heupel agreeing with the judge she understood that he pronounced her guilty.

She admitted to second-degree criminal mistreatment – recklessly creating an imminent and substantial risk of death or great bodily harm by leaving her child in Reeder’s care.

She will be sentenced on May 16.
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For background, read “Koralynn Fister: Dead toddler’s mother pleads innocent to putting little one in harm’s way” from Friday March 22, 2013, here

Sawed off shotgun found near Adna gas station, one arrested

Thursday, April 18th, 2013
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Gilbert Borquez waits for a judge in a Chehalis courtroom this afternoon.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – If what Gilbert Borquez says is true, two vehicles full of people from Raymond were trying to help a female get back her rental car – containing $500 and all her belongings – from her ex-boyfriend who stole it, when a sawed-off shotgun accidentally discharged outside an Adna gas station on Tuesday.

Amalia Copp concocted a plan to get the ex, Paul Martin, to meet someone at the 76 station on state Route 6 for a drug deal and they would rush up and take back her rental car, Borquez told detectives.

But Martin in his Nissan drove off erratically; and then Borquez gave chase in his silver Hyundai but got stuck in the ditch, the story goes.

One of the group ran for the nearby fields and two males along with Copp left in a silver Jeep Cherokee, according to the interview as described in court documents. The Jeep was stopped by a trooper farther west on state Route 6, but the occupants denied any involvement, and were released.

Borquez, 36, was booked into the Lewis County Jail last night, and appeared in court this afternoon.

Prosecutors asked he be held with no bail, as the details get sorted out.

He was arrested by the sheriff’s office for drive-by shooting and first-degree assault, but Lewis County Superior Court Judge Richard Brosey today said he could see probable cause to hold him for second-degree assault, as well as a weapons violation because of the pistol-grip sawed off shotgun.

“I’ll give you till 4 o’clock tomorrow (to charge him), Brosey said this afternoon.

The Lewis County segment of the saga began about 10:15 a.m. on Tuesday with a 911 call about someone firing a shotgun outside the gas station at the intersection with Highway 603. Then two, or three, vehicles fled the area, with one subject on foot who was finally tracked that afternoon along the Chehalis River.

Borquez told detectives that when they arrived at the gas station and he saw Martin had a handgun, he retrieved his shotgun from his vehicle, according to court documents.

He said he fired one round into the ground, which was accidental, the documents state.

Today, Borquez was taken back out the area to assist in recovering the shotgun. He’d said he had thrown it into the brush across the street from where his car was stuck, according to court documents.

Defense attorney Bob Schroeter argued unsuccessfully for only $10,000 bail, noting it seemed like an inadvertent release of a shotgun into the ground.

There is no allegation anyone was shot.

According to court documents, detectives tracked down Borquez by asking law officers in Pacific County about a short, stocky Hispanic male with tattoos on the left side of his neck and face who was known for involvement with the three stopped in the Jeep. That was the description given by witnesses at the scene.

A witness from the gas station picked his photo out of a montage, according to the documents.

According to Borquez, the plan was hatched on Tuesday morning, when Copp and three males arrived at his home in Raymond asking for help.

She said she’d rented a 2012 Nissan Altima because she’d been kicked out of her father’s house the night before, and everything she had was in the car when her ex-boyfriend took it, Borquez told detectives.

Borquez is scheduled to return to court tomorrow afternoon when, if charges are filed, his bail will be set.

Robert R. Ogilve, 42, who was booked Tuesday afternoon  remains in the jail on a  warrant from the state Department of Corrections.

The Pacific County resident told detectives he just wanted a ride into town from a friend, and the next thing he knew he found himself at a gas station near Chehalis where there was a dispute and someone firing a shotgun, court documents state.

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For background, read “Dispute, gunshot draws law enforcement to state Route 6 intersection” from Tuesday April 16, 2013, here

Adna shotgun dispute details remain a mystery

Wednesday, April 17th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – It’s still unclear exactly what happened yesterday morning outside an Adna gas station where law enforcement officers were summoned with a report of someone firing a shotgun.

Nobody’s talking.

Two or possibly three vehicles were involved but fled the scene, at the 76 gas station at state Route 6 and Highway 603, according to the Lewis County Sheriff’s Office.

A gray Jeep Cherokee was stopped on state Route 6 at milepost 38, and three people were questioned, but they just said they heard a gunshot as they pulled into the store and left because they were scared, Chief Civil Deputy Stacy Brown said.

“There were some issues with their story,” Brown said.

A subject who was spotted hiding from deputies on the other side of the Chehalis River east of the store was finally detained around 3 p.m., but he said he was avoiding law enforcement because he was wanted on a warrant, according to Brown.

No shotgun was found.

Robert R. Ogilve, 42, from Pacific County, was booked into the Lewis County Jail, on the warrant from the state Department of Corrections, according to the sheriff’s office. For unknown reasons, he had shed his pants, according to Brown.

“Basically, he said there was a dispute, there was a gunshot, he didn’t know what it was about,” Brown said.

The sheriff’s office believes everyone involved is from Pacific County. None of the people contacted were very forthcoming with information, Brown said.

The sheriff’s office will continue to investigate because, “We obviously are not going to ignore someone firing a shot or pulling a shotgun out in a dispute,” Browns said.

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For background, read “Dispute, gunshot draws law enforcement to state Route 6 intersection” from Tuesday April 16, 2013, here

Dispute, gunshot draws law enforcement to state Route 6 intersection

Tuesday, April 16th, 2013
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Detectives, deputies and Chehalis police patrol vehicles gather at the north end of Highway 603 near Chehalis this morning.

Updated at 2:31 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Deputies are congregating around Highway 603 at state Route 6 west of Chehalis after an incident outside the 76 gas station there.

“I heard a ‘bang’,” clerk Chelsea Hamilton said.

Her co-worker said he walked outside when someone hollered for him to call 911 around 10:15 a.m.

Pete Holmstedt saw a small gray car like a Kia trying to get out of the ditch, and heard a lot of yelling before a gray Jeep sped south down Highway 603, he said.

Holmstedt said he didn’t see which way the small car went.

Lewis County Sheriff’s Office detective Bruce Kimsey said he was still trying to piece together what occurred. The call was for a dispute, Kimsey said.

Deputies were initially called about shots fired, but have no victim, according to a spokesperson for the sheriff’s office.

Witnesses have said they saw someone throw a gun, and also saw someone flee on foot, Chief Civil Deputy Stacy Brown said.

A K-9 was brought out to conduct a track.

A guy who appeared to be hiding has been spotted by the river, Brown said about 2:15 p.m.

“There’s somebody running from us, we don’t know if it’s a suspect or a victim,” she said. Or possibly even a witness who is scared, she added.

Initial reports are that three vehicles were involved. Brown said a trooper and deputies stopped a gray Jeep Cherokee on state Route 6 at milepost 38, but the two men and one woman said they were not involved.

They said a shot was fired and they left to go home to South Bend, Brown said. The three were briefly detained and then let go, she said