Lewis County Sirens.com

Joshua L. Vance glances back after his prison sentence is decided in Lewis County Superior Court.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Twenty-five-year-old Joshua L. Vance was sentenced this morning to 30 years in prison for taking a knife to his sleeping father in March in their Onalaska home.

While lawyers and the judge didn’t disagree Vance has mental health issues, all agreed he should be locked up for a long time.

“It’s true he does suffer from some psychosis disorder,” Chief Criminal Deputy Prosecutor Brad Meagher told the judge. “While that played a part in this thing, Mr. Vance knew definitely what he was doing, and why he was doing it.”

Vance, a Centralia College student who lived with his father, grandmother, uncle and nephew on Pennel Avenue, pleaded guilty earlier this month to first-degree murder.

He called 911 early on the morning of March 7 and said he’d killed his dad. Terry Vance, 58, was stabbed at least 11 times; his throat was cut, according to court documents.

Terry Vance was a baseball coach and official, whose death was mourned by many.

“Your honor, our family truly loves Josh and prays for his soul, but don’t believe he’ll ever be able to be a productive member of society,” his Uncle Larry Vance told the judge today.

He called his nephew an angry person, one that kept the family walking on pins, needles and nails.

“I feel when Josh murdered my brother, Josh died as well as far as I’m concerned,” Larry Vance said.

Lewis County Superior Court Judge Nelson Hunt agreed with the prosecutor’s recommendation of 30 years, plus three years on community custody after his release. Defense attorney David Arcuri had asked for 25 years.

“An untreated mental health condition such as exists here is a threat to society,” Hunt said.

The handcuffed and shackled Joshua Vance kept his gaze toward the judge throughout the hearing. He chose not to address the court when offered the opportunity.

Joshua Vance has been diagnosed with psychotic disorder, major depression, amphetamine dependence and alcohol abuse, according to a report from Western State Hospital.

His family said he’d gone off his medication because he couldn’t afford them. His lawyer told the judge today it was an insurance issue that caused him to lose his medications.

He initially pleaded not guilty by reason of insanity, and had the case ended with that plea in place, he would have faced time in a state mental hospital; potentially as long as the rest of his life.

A psychiatric evaluation by a doctor hired by prosecutors, however, didn’t indicate Vance qualified for an insanity plea. Arcuri said his client just wanted to get the case resolved, so they accepted a plea agreement.

Meagher today said the younger Vance had long term, deep seated anger toward his father, citing passages from an interview with a detective in which he said his father was never there for him, never gave him advice and treated him badly.

Prosecutors said previously Joshua Vance had told deputies and hospital personnel he also intended to kill the rest of his family, but couldn’t after he cut his own fingers.

As part of the plea agreement, Meagher dropped three charges of attempted first-degree murder regarding Larry Vance, Bonnie Vance and his 11-year-old nephew. They were rolled into one count of third-degree assault, an offense Joshua Vance didn’t commit but to which he pleaded guilty, pursuant to a doctrine called “In re Barr”.

His sentence for third degree assault will be served concurrent with the murder sentence.

His grandmother Bonnie Vance was among his family members in the Chehalis courtroom today. She chose not to speak to the judge directly, but a letter she wrote was read aloud.

Her writing addressed the worst day of her life, when she awoke to hearing her son yelling “No” to her grandson, and then found her grandson standing over him with a knife.

“My sons lost their brother,” she wrote.

“I ask each day what I could have done to stop this; I know I could not.”

“God knows I love my grandson Josh too,” she wrote. “I wish I could have done more to help him know how special he was to all of us.”

The judge ordered mental health help for Joshua Vance while he is incarcerated, according to Meagher.

The earliest he will be eligible for release is after 27 years, according to the state Department of Corrections.

The family of Joshua and Terry Vance await a judge’s decision in the first-degree murder case.

•••

For background, read:

• “Joshua Vance admits to killing his father” from Thursday October 4, 2012 at 7:52 p.m., here

• “Breaking news: Plea agreement made in Onalaska murder case” from Monday October 1, 2012 at 7:23 p.m., here

• “Insanity” of Onalaska murder defendant to be decided by a judge” from Tuesday August 21, 2012, here

• “Onalaskan’s insanity plea in alleged murder of father bolstered by mental exam” from Wednesday July 11, 2012, here

• “Onalaska family that lost one to knife attack, loses home to fire three months later” from Friday June 8, 2012 at 9:22 a.m., here

• “Onalaska man pleads insanity in father’s fatal stabbing” from Tuesday May 8, 2012, here

• “Two murder cases stalled by requests for psychiatric evaluations” from Thursday March 22, 2012 at 9:34 p.m., here

•  “Murder suspect: “When he was good, he was such a good young man”” from Friday March 9, 2012, here

• “Coroner’s office names Terry Vance as victim in Onalaska home” from Wednesday March 7, 2012 at 7:53 p.m., here

• “Breaking news: Homicide investigation in Onalaska” from Wednesday March 7, 2012 at 8:57 a.m., here

By Sharyn  L. Decker
Lewis County Sirens news reporter

Search and rescue teams are rejoicing with the family of 79-year-old Tacoma resident Dapeng Yang who was located this afternoon alive and well after spending 48 hours lost in the woods south of Randle.

Dapeng Yang

Yang was found about 2 p.m. walking near Forest Service Road 26, within a mile of the searchers’ base camp, according to the Lewis County Sheriff’s Office.

“He is in good condition and will be transported by ambulance to Morton General Hospital for treatment of dehydration,” Chief Civil Deputy Stacy Brown said in a news release. “He is exhausted but did not have any signs of obvious injuries.”

Yang got separated from his family on Sunday morning as they gathered mushrooms in the forest.

Brown said it’s unknown why he did not respond to searchers calling his name and blowing whistles.

She had said previously there was a language barrier with those who reported him missing, as they were speaking Chinese.

His two female family members looked for him on Sunday and called for help that afternoon.

The area is heavily wooded, about 10 miles south of Randle, according to Brown.

Sheriff Steve Mansfield issued a statement expressing how pleased searchers are about the outcome.

“This is an incredible ending. Neither this mans’ family nor our search and rescue team gave up hope,” Mansfield said in the  news release. “Our teams worked tirelessly for the last 48 hours in hopes of finding this man alive. We are very pleased that the mission turned out in such a positive manner.”

More than 30 volunteer searchers with horses, Jeeps, dogs and ham radios joined the effort from Lewis, Thurston, Cowlitz and other Western Washington counties.

•••

For background, read: “Tacoma man missing from mushroom gathering outing south of Randle” from Monday October 8, 2012 at 8:40 a.m., here

See video when Yang spoke with KING5.com after he returned to his Tacoma home, here

By Sharyn  L. Decker
Lewis County Sirens news reporter

A 43-year-old Rochester man has been charged with theft from his employer, accused of diverting an estimated $230,000 from a discount building supply store in Rochester.

Larry Ledl is scheduled to make his plea in Thurston County Superior Court next Tuesday.

Ledl worked for VJs Bargain Barn, a business on the 6500 block of 198th Avenue Southwest, according to the Thurston County Sheriff’s Office.

VJs had some concerns and hired an outside accountant to look over the books, sheriff’s Lt. Greg Elwin said. The theft was discovered and the sheriff’s office began investigating in May, Elwin said.

Money was coming in but not getting to the bank, he said.

Ledl quit before he was arrested, according to Elwin. “He just didn’t show up for work one day,” he said.

“It sounds like he became aware he was the subject of this investigation pretty early on,” Elwin said.

Ledl was arrested on Sept. 28 and released on bail.

He was charged on Oct. 2 with first-degree theft, in connection with money missing between mid-2008 and July 31, 2011, according to the Thurston County Prosecutor’s Office. The charging includes an alternative of 22 counts of felony theft, according to Senior Deputy Prosecutor Mark Thompson.

Elwin said Ledl opened a similar business in Chehalis since the alleged theft; Builders Surplus Northwest.

An employee there yesterday said the owner – someone who is not Ledl – had no comment.

Ricky Riffe listens to his attorney John Crowley in court this morning.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The trial in the 1985 Maurin kidnap and murder case was pushed out once again as the defense voiced concerns about slowness of information being turned over to him while the prosecutor worries about witnesses who could die before they ever get called to the stand.

Ricky Allen Riffe, 53, appeared in Lewis County Superior Court this morning as attorneys reviewed the status of the case with Judge Richard Brosey.

It was scheduled for the week of Nov. 5.

Seattle-based defense attorney John Crowley said he won’t be prepared by then.

Crowley told the judge he just received a witness statement from Senior Deputy Prosecutor Will Halstead; a witness he still needs to interview.

“It was typed August 30, I got it two days ago,” Crowley said.

Crowley noted his client was arraigned in August, but the state just last week collected DNA from his client, which is presumably now being tested at the state crime lab.

He also pointed out the prosecutor turned over 6,000 emails as recently as Tuesday collected from his client’s computer.

“The point is, we can’t be ready, given the rate of production of discovery by the state,” Crowley said.

Ed and Minnie Maurin

Halstead objected to the request for a postponement until March, and being accused of “dribbling” the required documents to the defense.

“This is a case that’s recently re-emerged,” Halstead said. “As you can imagine, people have come forward.”

Halstead said the state has serious concerns about witnesses being available given the case is 27 years old, noting one who had a heart attack last week.

“He’s not the only one who might not be around in six months,” Halstead said.

Riffe, a former Lewis County resident, was a long time suspect but was just arrested in July at his home in Alaska.

The Lewis County Sheriff’s Office has investigated and reinvestigated the case since December 1985 when Ed and Wilhelmina Maurin vanished from their home in Ethel and their bodies turned up days later off a logging road outside Adna.

Prosecutors believe Riffe and his now-deceased brother John Gregory Riffe got into the Maurin’s home, uncovered bank records and forced the couple to go with them to the bank and withdraw $8,500 before shooting them in the backs with a shotgun inside their car, according to charging documents.

Ed Maurin was 81 years old. His wife, who went by Minnie, was 83.

The prosecution has in excess of 100 witnesses, some from out of state. Halstead today said the trial could last as long as four weeks. Last month, he estimated it could take two or possibly three weeks.

Judge Brosey said he would reschedule the trial for the week of Feb. 4 and proposed setting aside the whole month. He wants the attorneys to meet with him again in mid-November to review their progress.

“I don’t think I can be ready,” Crowley told him. “Given the computer and biological evidence floating out there.”

Halstead is preparing to take a formal deposition of one of his witnesses, Donald Burgess of Centralia, just in case his health prevents him from being present at the trial.

The parties will be back in court next Friday morning to address the details of the deposition with the judge.

Riffe is charged with two counts each of first-degree murder, first-degree kidnapping and first-degree robbery, as well as one count of burglary.

He has pleaded not guilty. His attorney continues to claim they got the wrong man.

Today in court he expressed optimism about the results of the DNA tests, which he’s still waiting to see.

“This was a bloody scene,” he said. “Hopefully the perpetrator left behind some evidence.”
•••

For background, read “Maurin homicide: Accused murderer’s lawyer says no new evidence in old case” from Thursday July 26, 2012, here

Joshua Vance sits with defense attorney David Arcuri as he pleads guilty to murder in Lewis County Superior Court.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Going to trial is a gamble and both sides in the Onalaska murder case in which a 25-year-old mentally disturbed man stabbed to death his sleeping father chose to cut their losses with a plea agreement.

Joshua Leroy Vance previously pleaded not guilty by reason of insanity but this morning told a judge he was guilty.

His father, 58-year-old Terry Vance, was stabbed at least 11 times and his throat was cut the morning of March 7.

Lawyers crafted a modified set of charges so they could secure a sentence of between 25 and 30 years.

Vance, 25 years old and shackled at the waist and ankles said very little in court today, only answering Lewis County Superior Court Judge Nelson Hunt’s several questions.

Vance pleaded guilty to first-degree murder.

“That means you thought about it for awhile and decided that’s what you were going to do?” Hunt asked.

“Yes,” Vance replied.

Instead of three counts of attempted murder, because Vance had told deputies and hospital personnel he had intended to kill the rest of his family, Vance pleaded guilty to third-degree assault.

The plea to the second count was pursuant to a doctrine referred to as “In re Barr”.

As the judge put it, he pleaded guilty to a crime he may not have committed or did not commit as part of an agreement.

Chief Criminal Deputy Prosecutor Brad Meagher explained he knew he could not get a conviction on those charges because of a rule that prevents him from relying on the defendant’s confessions alone.

Had the case moved toward trial, Vance’s admissions would not have been heard by a jury and Meagher would be left with no evidence of attempted murders, Meagher said.

But Meagher wanted Vance to be held accountable for them, so offered the “In re Barr” option with third-degree assault, he said.

Meagher will be asking for 30 years in prison when Vance is sentenced the week after next.

Defense attorney David Arcuri will be asking for 25 years, he said.

A psychiatric evaluation by a doctor for the defense supported the not guilty by reason of insanity, but an examination by a doctor hired by prosecutors indicated differently, according to Arcuri.

“If both experts had agreed, we would not be doing this,” Arcuri said.

It’s all about weighing the probabilities and the potential amounts of time, Arcuri said.

His client would have been facing close to 100 years in prison if they’d gone to trial and lost, he said.

Vance was attending Centralia College in the months before the attack. He was being treated for mental health issues; his family said he’d gone off his medications because he couldn’t afford them.

His diagnosis’s in the Western State Hospital doctors’ report included psychotic disorder, major depression, amphetamine dependence and alcohol abuse.

He has been hospitalized in the past for command hallucinations to kill himself and harm others. He also has been treated for substance induced hallucinations, according to the report.

Meagher said he took that into consideration.

“Let’s face it, the guy does have psychotic tendencies,” Meagher said.

Sentencing is set for Oct. 17.
•••

For background, read “Breaking news: Plea agreement made in Onalaska murder case” from Monday October 1, 2012, here

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Police aren’t looking any longer for Andrew Morales-Loberg, a 19-year-old wanted but never captured in connection with a Chehalis drive-by shooting two years ago.

The Chehalis resident is one of four gang members sentenced Monday to more than 100 years in prison for a quasi-drive-by shooting in Yakima County, according to authorities.

Andrew Morales-Loberg

Jaime Lopez, now 20, is the name Andrew Morales-Loberg gave police when he was arrested, Yakima County Deputy Prosecutor Gary Hintze said yesterday.

He and three other men – all LVL members, according to Hintze – were convicted in what was described as a retaliatory shooting after the sister of one of their group was shot in Sunnyside early last year.

A few hours later, gunfire erupted outside a Norteno-related home in the nearby town of Outlook, Hintze said.

“They rolled up, stopped the car, got out and lined up outside and shot up the trailer, narrowly missing seven people sleeping,” Hintze said.

That was March 14, 2011 and the suspects were jailed shortly after, he said.

Morales-Loberg had been implicated in the summer of 2010 in a Chehalis incident in which someone in a red Chevrolet Blazer fired a round from a pistol that missed several people but struck a parked vehicle on Southwest William Street.

At first police said an unknown number of individuals were inside the Blazer, but soon filed charges against four local residents, claiming they were all in the SUV, including Morales-Loberg.

He was never apprehended.

Authorities here described the suspects as LVL members and the shooting as related to a debt owed to somebody called “Candy man”.

Witnesses implicated two different men as the shooter.

The alleged target Rolando Carrillo Cruz told a police detective he was certain it was Morales-Loberg; and Christina Palomares – at one point believed to be the driver – pointed to her husband as the shooter, according to court documents.

Drive-by shooting charges were subsequently dismissed against all three.

Palomares, a 24-year-old Tenino woman, pleaded guilty last summer to two counts of malicious prosecution. The deputy prosecutor said she lied about who was in the vehicle, and there was some question if she was even there.

Juan Valentino Vasquez was released three months earlier, because of insufficient evidence.

Charges against Ruben Alberto Palomares were dropped six months before that.

A $500,000 bench warrant remains for Morales-Loberg in the Chehalis case.

Chehalis police said they learned their wanted subject was locked up in Yakima and aren’t sure if he’ll be brought back to Lewis County.

Lewis County Chief Criminal Deputy Prosecutor Brad Meagher said today he hasn’t decided if he’ll pursue it, given Morales-Loberg’s lengthy Yakima County sentence.

“He got life, that’s good news,” Meagher said.

Hintze said he doesn’t know a whole lot about Morales-Loberg, although he said he also goes by the street name “Loki”.

The Yakima Herald-Republic quotes the father of Morales-Loberg, also known as Jaime Morales, as telling the judge on Monday that God would judge his son and the others fairly.

He was given 160 year sentence for his role in the Outlook shooting. With three guns and seven victims, the first-degree assault charges, plus mandatory firearm enhancement time added up, according to Hintze.