Lewis County Sirens.com

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The acquittal yesterday of a 31-year-old National Guardsman charged in the gunshot death of his girlfriend was not necessarily a reason to celebrate, according to his attorney.

Jesse Karr was found not guilty yesterday of fatally shooting 28-year-old Sara M. Whitson in Sept. 2009 in the Chehalis apartment they shared. He said the handgun accidentally discharged as he was unloading it.

Jesse Karr

“There’s no winner in this case,” defense attorney Don McConnell said after the verdict.

“This poor guy’s gone through a lot of emotional trauma, this was the love of his life,” McConnell said.

Karr, 29, had just returned from Iraq about a month earlier and moved in with the woman he’d dated off and on for about four years, according to witness testimony.

He had offered to clean her .22 caliber handgun, and the weapon – which operated in the exact opposite way of his, according to his attorney – went off in his hand, shooting him in his finger and Whitson in the abdomen. She died during emergency surgery.

In the trial that began in Lewis County Superior Court on Monday, Deputy Prosecutor Colin Hayes told jurors it was a reckless act, by a man who’d never even seen the gun before.

“He wasn’t quite sure how to get the magazine out, he didn’t ask how to get it out, he didn’t ask about the safety,” Hayes told jurors during the three-day trial.

Karr was charged with first-degree manslaughter in February 2010.

A jury of eight women and four men deliberated a little more than seven hours over two days, and returned their verdict just before lunch yesterday. Not guilty of first-degree manslaughter and not guilty of second-degree manslaughter.

McConnell said that’s the outcome he expected, for an accident.

“It’s the way it happened, it’s the way it was,” he said. “It’s the way he told everyone from day one.”

The Centralia attorney said the shooting was a tragedy for everyone, for family, for friends, for his client.

“He’s got to live with this for the rest of his life,” McConnell said.

Hayes was disappointed, but said it was the jury’s decision.

“The jury heard the evidence and weighed it and decided he did not commit a crime,” Hayes said yesterday.

“We never contended it was not an accident,” he said. “Just reckless, or at least negligent.”

It’s the second time already this year McConnell has gotten an acquittal for a client in Lewis County Superior Court.

Two weeks ago, a jury found Jaime Roberto Hernandez not guilty of second-degree assault in what prosecutors described as an attack on a DeGoede Bulb Farm worker with a garden hoe by his supervisor. The first trial, held the first week in January, ended with a hung jury.

Newly-elected Lewis County Prosecutor Jonathan Meyer – McConnell’s former law partner – has “walled off” cases such as Karr’s and Hernandez’s, those which previously involved their firm.

Meyer has arranged for supervision on those cases to be handled by his Chief Criminal Deputy Prosecutor Brad Meagher.

By Sharyn  L. Decker
Lewis County Sirens news reporter

The cause of the automobile accident and death almost two weeks ago of a witness in a recently filed Randle murder case continues to puzzle state troopers even after an autopsy was conducted.

Donald G. Diemert

Donald G. Diemert, 62, of Randle, was dead at the scene of a wreck in which his Pontiac Grand Am struck a guard rail, crossed the highway and then ran into a rock wall on U.S. Highway 12 east of Packwood the night of Feb. 19.

State Patrol Sgt. Jason Ashley said it was a slow speed crash, not serious enough it should have killed him.

The state patrol ruled out any mechanical failure and leaned towards some kind of medical issue or something like falling asleep at the wheel, according to Ashley.

An autopsy however, turned up no evidence of a medical event, the Lewis County Coroner’s Office said this week.

Diemert died from a broken neck, according to Chief Deputy Coroner Dawn Harris.

“Basically when his air bag deployed, because he wasn’t wearing a seatbelt, it broke his neck,” Harris said.

Trooper Jason Hicks, the technical investigator for the collision, said today he found that odd.

Hicks said he has never in almost 12 years as a trooper seen a case or heard of a case in which an airbag deployment broke a person’s neck.

The windshield was cracked and Diemert was tossed to the right, with his head landing on the passenger seat, Hicks said.

“I highly doubt the airbag broke his neck,” Hicks said. “The evidence showed he was thrown low to the passenger side corner.”

Diemert was a witness in the case against Randle taxidermist Erik Massa. The 43-year-old was charged Feb. 7 with second-degree murder for the March 14 death of a 58-year-old welder from Federal Way.

Guy W. LaFontaine died from blunt force injuries to his head, torso and extremities after, investigators allege, he was at Massa’s home in Randle.

Massa, who is related to LaFontaine by marriage, has pleaded not guilty and is free on $25,000 bail.

Diemert was a retired Boeing worker who moved to the Randle-Packwood area in 1996.

Part of what was odd, was Diemert did have a laceration on his head, but it hardly bled at all, Hicks said.

“It’s just one of those things that didn’t make sense,” Hicks said.

Hicks said the state patrol is still waiting for a report from the coroner, and will look to the toxicology results to find if Diemert had any alcohol, drugs or medications in his system.

The only indication troopers had Diemert might have been impaired was an unopened can of beer in the cup holder in the car, Hicks said.

Harris said Tuesday she expected those tests to come back in eight or nine weeks.

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Read more about Don Diemert here

Jesse P. Karr right, sits next to his defense attorney as Chehalis Police Chief Glenn Schaffer testifies about the September 2009 fatal shooting of Sara M. Whitson

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A jury of eight women and four men began hearing a case yesterday of a fatal shooting in Chehalis the deputy prosecutor suggests comes down to this:

“An accident is when someone gets hurt accidentally, but (if it’s ) the result of someone else’s reckless behavior, that’s a crime.”

Jesse P. Karr, now 31, is charged with first-degree manslaughter in the September 2009 death of 28-year-old Sara M. Whitson. He said it happened while he was cleaning her .22 caliber handgun, according to attorneys and police.

The National Guardsman had just returned home from Iraq about a month earlier and the couple was living together in an apartment on the 1700 block of South Market Boulevard.

Centralia defense attorney Don McConnell told jurors it is probably one of the saddest cases ever; and the two were very much in love.

McConnell hinted testimony would show Whitson walked past the barrel of the weapon at the same time it accidentally discharged.

It took only 10 minutes for both McConnell and Deputy Prosecutor Colin Hayes to make their opening statements yesterday afternoon in Lewis County Superior Court. Each described a series of events on Sept. 3, 2009, that were mostly similar, as were the details offered by Chehalis police officers and a firefighter.

Karr had been sharpening knives for Whitson and offered to clean her .22 caliber Walther Smith and Wesson pistol since he was going to clean his.

Police Chief Glenn Schaffer and detective Steve Nikander were the first to go inside, with medics right behind them, after the approximately 4 p.m. call to 911.

Karr opened the door and led them to the upstairs master bedroom where Whitson lay on the floor, her breathing labored, her eyes wide; she was holding a towel on her abdomen.

Emergency responders picked her up and carried to an ambulance, and she was airlifted to a trauma center.

There was an empty gun case on the bed, a pistol on the floor next to the right corner of the bed, another pistol in the night stand and a couple knives on the dresser, Nikander said.

Detective Rick Silva found a .22 shell casing in the bedroom.

“What he said was he was unloading Ms. Whitson’s firearm and it went off,” Schaffer told the jury.

“He (said) he was standing at the right corner of the bed facing the window with the gun pointed toward the closet,” Schaffer said.

Officer Bruce Thompson described two holes and a gunpowder burn on the little finger of Karr’s left hand. Officer Jason Roberts interviewed Karr downstairs.

Roberts said he asked Karr if he’d gotten in touch with Whitson’s family.

“I think he said, no, he couldn’t,” Roberts said. “Something like he couldn’t tell (her father) he’d shot his daughter.”

Karr put his head in his hands and cried, Roberts said.

“What exactly did he say?” Hayes asked as Roberts reviewed a transcript of his interview.

“I shouldn’t of shot her, I’m so stupid,” Roberts read.

A Chehalis police detective learned the following morning Whitson had died during emergency surgery, according to charging documents.

The trial is expected to last into Friday.

By Sharyn  L. Decker
Lewis County Sirens news reporter

A Chehalis National Guardsman who said he accidentally shot his girlfriend while cleaning a gun is set to go to trial next week in Lewis County Superior Court.

Jesse P. Karr, now 31, is charged with first-degree manslaughter in the September 2009 death of Sara M. Whitson.

The trial begins Monday and attorneys estimate it could last up to five days.

Police and aid responded about 4 p.m. on Sept. 3, 2009 to a report of an accidental shooting on the 1700 block of South Market Boulevard at the Chehalis apartment the two shared.

Whitson was on the floor in the main bedroom with a small towel covering her abdomen and appeared unresponsive, according to charging documents.

Karr had been shot in the pinky; he told police he went to clear a round and when he let go of the slide, the gun went off in his hand, charging documents say. She was reportedly about five feet away.

Karr, who had just returned from Iraq about a month earlier, told officers he had offered to clean Whitson’s .22 caliber Walther Smith and Wesson pistol, and she told him it was loaded.

A Chehalis police detective learned the following morning Whitson had died during emergency surgery, of a gunshot to her abdomen, according to charging documents.

Centralia defense attorney Don McConnell is representing Karr. Lewis County Deputy Prosecutor Colin Hayes is handling the case.

Charges were filed a year ago. Karr has pleaded not guilty.

First-degree manslaughter means recklessly causing the death of another. The offense has a maximum penalty of life in prison.

Because the case involves McConnell – the newly elected prosecutor’s former law partner – Lewis County Prosecutor Jonathan Meyer arranged for Hayes to communicate about the case not with him, but with Chief Criminal Deputy Prosecutor Brad Meagher, according to documents filed in early January.

By Sharyn  L. Decker
Lewis County Sirens news reporter

A heat lamp for a dog might have been what sparked an overnight fire in an outbuilding in Napavine overnight, according to Lewis County Fire District 5.

Firefighters called just before 3 a.m. to Caporale Lane southeast of town found the metal-roofed structure fully engulfed in flames, Firefighter Brad Bozarth said this morning.

The blaze damaged several motorcycles, ATVs and two pickup trucks, Bozarth said.

A Golden Retriever-type dog tied up inside escaped with no apparent injuries, he said.

“The fire burned through the rope before it burned the dog, so the dog got free,” Bozarth said.

Phyllis Zion said the dog is one the family adopted several months ago after neighbors moved and left it behind. “Ginger” has been tied up all her life and has just been learning to enjoy “the country life” with their black Labrador, she said.

It was scary, Zion said, waking up to dogs barking and an orange glow outside.

Her son discovered Ginger running around, dragging her rope behind her, she said.

“Yeah, we lost a lot of stuff, but we’re just glad she’s okay,” Zion said this morning.

Seven firefighters from District 5 were on the scene until about 4:30 a.m. Bozarth said they planned to return today to work on determining the cause.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Onalaskan James W. Taylor yesterday admitted providing alcohol to minors but didn’t admit to failing to summon assistance for 15-year-old Nickolas Barnes who died of alcohol poisoning after an underage party at Taylor’s home in Sept. 2009.

Nickolas Barnes

Taylor, 29, was in Lewis County Superior Court in Chehalis yesterday morning following a plea agreement in the case.

He was initially charged with second-degree manslaughter, but pleaded guilty instead to second-degree assault, pursuant to a doctrine referred to as “In re Barr”.

Judge Richard Brosey put it this way, as he questioned Taylor about the guilty plea:

“The evidence does not establish assault second, rather it establishes manslaughter second, but you’re pleading to it to escape the stigma of pleading guilty to manslaughter, right?”

“Yes,” Taylor replied.

The guilty pleas end a case that began after the Onalaska High School sophomore died on Sept. 21, 2009, with a blood alcohol level of .32.

James W. Taylor

Prosecutors alleged Nickolas and another teenage boy downed more than 11 shots of vodka, Nickolas passed out in the front yard and Taylor told the teenagers to “let him sleep it off.”

“Even tho the defendant knew he was out there in the yard, he did absolutely nothing to assist him and let him lay out there in the elements,” until he was urged by someone else to take him to the hospital, newly elected Lewis County Prosecutor Jonathan Meyer recited in court yesterday.

Taylor, a father of four according to his lawyer, wasn’t charged until this past September, and has been free on $10,000 bail.

Taylor yesterday also made a so-called Alford plea to failing to summon assistance, pleading guilty but not admitting guilt.

He also pleaded guilty to multiple counts of furnishing liquor to minors.

The arrangement means Taylor faces a sentence between three and nine months in jail, as opposed to as long as 27 months if he had been convicted on the original charges.

Nickolas’s family called it a bitter day, and were especially disheartened that instead of being locked up immediately, Taylor was allowed to go home after the hearing, and return on May 11 to be sentenced.

None of the court proceedings can change the facts of the tragedy, Nickolas’s grandmother Susan Patterson suggested.

“It’s still the same thing,” Patterson said. “Two families are destroyed because nobody decided to call 911.”

“But at least something’s going to happen,” she said.

Meyer said afterward the agreement brings closure and “gets it done”.

“There were proof issues,” Meyer said. “This was a way we could get a definite result.”

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CORRECTION: This news story was corrected on Wednesday April 27, 2011 to reflect the correct name of James W. Taylor.

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Read background on the case “Remembering Nickolas Barnes” from Thursday Sept. 23, 2010 here