Deputies take Todd Phelps into custody after the jury verdict this morning in Lewis County Superior Court.
Updated at 3:18 p.m. on Saturday April 28, 2011
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The jury came back with guilty verdicts in the rape trial of former Pe Ell High School softball coach Todd Phelps.
It took six men and six women a little more than four hours between yesterday afternoon and this morning to make their decision.
Phelps, 52, was handcuffed and taken down to the jail.
The benches in the the courtroom in Lewis County Superior Court were packed, except for about half of them on the defendant’s side of the room.
Phelps faces as much as six years in prison when he is sentenced in the case involving a 16-year-old student player.
A sentencing date has not been set.
The expected four day trial that began last week extended into eight days as prosecutors attempted to prove Phelps gradually seduced a girl already troubled with low self esteem and depression and ultimately had sex with her they said was clearly against her wishes.
Jurors heard witnesses testify about thousands of texts exchanged between the two, before and after Phelps was forced to quit his coaching job because of boundary violations with the player.
Defense attorney Don Blair painted a picture of a caring father-figure who was attempting to prevent a suicide. Blair said his client never thought he did anything inappropriate.
The now-17-year-old girl spent a day and a half on the witness stand
Phelps did not testify.
He was found guilty of third-degree rape as well as second-degree sexual misconduct with a minor in connection with encounters last spring and summer with the high school student.
The jurors also found he used his position of trust with a particularly vulnerable victim, meaning the judge can sentence him above the standard sentencing range.
The potential sentence is anywhere between six months to six years, according to Deputy Prosecutor Will Halstead.
Phelps’ family and lawyer quickly vanished from the courthouse following the verdict.
The victim’s family slowly made their way out of the courtroom in Chehalis as they exchanged hugs with each other and others. It was very quiet.
Judge Nelson Hunt had warned spectators there should be no outbursts when the verdict was read.
Lewis County Prosecutor Jonathan Meyer said he had little to say since the sentencing is pending.
“As always, we have trust in the jury system,” Meyer said. “But the case isn’t over, so that’s all I can say.”
Before the jury began deliberating on Thursday afternoon, they heard an almost three hour summary from both sides about what they should consider.
Deputy Prosecutor Halstead spoke for more than two hours reminding jurors of the many details – lots of talk with sexual overtones – they’d heard that suggested Phelps had a different motive than helping a troubled teen.
In mid-April of last year, after the assistant coach was told by the school and her parents to stop having contact with her except at fast pitch, it continued with constant texting including one from him the following morning, according to Halstead.
“This should have been the end of all of this,” he said. “The state would submit to you he has a different agenda.”
Defense attorney Blair subtly told jurors it was her word against his.
None of the lawyers were involved in the situation when it was going on, he said.
“We can’t tell you, we have to rely on what everybody else said happened,” he said.
Blair agreed there were a lot of “contacts” but reminded jurors the content of the messages were unavailable, and said the prosecutor’s case relied upon a lot of smoke.
The defense attorney spoke of how Phelps had coached for as long as 18 years before “all of the sudden” something like this comes up.
His client was concerned because he learned the girl had been cutting on herself, something her father yelled at her about when it came to his attention, Blair said.
He made no secret he was trying to help her, Blair said.
Blair argued some of the prosecution’s witnesses were mistaken and that the April 2 incident at Phelps house about kissing and Phelps pressing his body against the girl’s did not happen.
“I’m not saying any of these folks did or did not lie,” Blair said. “But we know all of the stories can’t be true, because of the lack of consistency.”
The detectives found no blood on the carpet in Phelps’ brother’s house, which the girl said soaked through a towel, Phelps’ computer wasn’t analyzed and much of the prosecutor’s case relied upon what the girl and her friend said, the defense attorney said.
“Other than the contact, we don’t have that hard proof,” he said. “It’s just not there.”
On the topic of the alleged rape on July 27, Blair offered indications of both his client not even being present and if he was, that it did not amount to rape.
The defense attorney noted phone records that showed Phelps and his wife were texting late that afternoon.
“In order to get a text and reply 30 second later, one would think you’re at your phone, not committing a sex crime,” he said.
Deputy Prosecutor Halstead pointed out the records showed texts and phone calls, not all of which were answered immediately and argued they supported what the teenager told detectives.
“The defendant’s whereabouts, despite the testimony from his daughter, cannot be accounted for,” Halstead said.
Halstead reminded jurors of testimony from others that would help them understand why Phelps asked the teenager to meet him at his brother’s house the day of the rape.
He knows his brother is working out of town and his sister-in-law is going shopping with his wife, Halstead said.
“I guess he was either there, or he wasn’t,” he said. “If he was there, I guess you are to believe (the girl) consented.”
He detailed the girl’s actions and words that he said showed clearly she was not consenting to sex.
Consent is not an issue for the other charge, only that the girl was a student and the defendant was her coach, according to Halstead.
Halstead gave numerous examples of Phelps’ “grooming” the girl for sexual activity.
He also noted that after the April 2 kiss – when she was asked to show her coach the self-inflicted cuts on her thighs – a girl who had never been kissed told the youth pastor’s wife the very next day.
“She needs to express something to someone, but doesn’t want to get the defendant in trouble,” he said.
He pointed out another kiss, which Phelps said was on the forehead, was witnessed by Phelps’ daughter who told two individuals about it but denied it when she took the witness stand.
Halstead admitted the girl played a role in the continued contact between the two, although he blamed Phelps for isolating her from others, leaving him as a lone trusted confidante.
“I think it’s pretty clear she had a crush on him,” he said. “She trusts him, she probably likes the attention, she’s 16.”
Her reliance on her coach was part of why there was little physical evidence showing their conversations via text, according to Halstead.
For example, when she got caught texting him in class, she erased everything, according to Halstead.
“She’s upset, she didn’t want this to get out,” he said. “She deletes all heir texts from her iPod, her mom actually has to go under the stall (in the school bathroom) to grab the iPod.”
Halstead reminded jurors of corroborative testimony and evidence the two continued communicating after he was no longer her coach; through girls who said they acted as go-betweens, and when the teenager gave Phelps her password to him so he could message her using her hotmail account.
Two emails from September submitted as evidence were found inside a special folder called “For my little star” were important, according to the deputy prosecutor.
One was a love song by Mariah Carey called “Without you“, the other a frowning face with the words I’m sorry.
“Who is sorry? What are they sorry for?” Halstead asked.
He pointed out jurors had heard testimony the only individuals with the password were the girl, Phelps and Phelps’ daughter.
“Remember what he said to his co-worker, ‘My life would be over if they found my text messages’, ” Halstead said.
The same co-worker Mark Miller testified Phelps was “obsessed” with the teenager, Halstead reminded the jury.
“Mark warned him, stay away from her Dude, you’re a truck driver, not a shrink,” he said.
Halstead suggested Phelps misled his family, suggesting the girl was in imminent danger of harming herself and nobody was doing anything about it, when actually her family already knew about the cutting and had gotten her counseling.
He related that to a motive Phelps family members may have had to remember facts in a skewed manner when they testified, in particular Annette Phelps when she told what time she last saw he husband on July 27.
“She’s in denial, the reason she’s in denial is she doesn’t have all the information,” he said.
Halstead told the jury the girl told very detailed, consistent stories; that it took courage for her to testify.
“She was cross examined for four and a half hours,” he said. “Consistent. Nothing inconsistent with her story.”
Judge Hunt told the attorneys to return next Thursday when a sentencing date for Phelps would be set.
The second-degree sexual misconduct with a minor conviction is related to an incident that occurred on or about April 2, 2011. It is is a gross misdemeanor with a maximum penalty of 364 days in jail.
The third-degree rape conviction is related to July 27, 2011. It is a felony that carries a maximum penalty of five years in prison.
Attorneys gave closing arguments in front of a large audience in Lewis County Superior Court.
Tags: By Sharyn L. Decker, news reporter
@ Justice for all….
Would love to see that happen, but I know it won’t.
Sad, but true!
But he doesn’t lose his teaching credentials though…
Someone on Lewis County Sirens’ Facebook page wanted to know why Ron Dorothy was recently put on administrative leave again. I don’t know the detials but his history started to be a subject and area of concern.
So Pe Ell…. what are you going to do about this one? Are you going to wait for another young girl to be violated or are you going to take your kids out of school until he is let go?
@everyone has a comment
Well that’s a shocker….NOT!! Good ol’ boy system alive and well in Pe Ell. Seriously, what type of example are they setting, when we teach our kids right from wrong and who to trust and who not to. We always tell our kids to tell someone….a parent, a teacher or adult if someone is doing something wrong to you. But in this case, we are saying we dont believe you and not only do we not believe you, we are going to put him right back into that position of authority. What a great role model. Pe Ell has so many other things to be proud of….Championships etc. Does the school district really want to be known for allowing this type of behavior or incidents to continue to be ignored while the most innocent of all, our children are made to suffer.
The minster would not let her attend church! What kind of support of the Christian faith is that! What a bunch of hypocrites.
@ Karma Bus & @ use your brain ( I forgot to put the “@” thing first. Kinda new to this stuff. And showing my age.)
I didn’t know about the latest allegation that you speak of, as I haven’t lived in the greater Lewis County area in many many years. The last I heard of was from the 2010 school year.
It’s sad when the only time I hear about my old alma mater is when its mentioned on KIRO.
Pe Ell Coach Placed on Leave
Ron Dorothy: July 2010 Complaint Letter From Parent Alleges Inappropriate Conduct as Track Coach
Tuesday, October 26, 2010
By the Chronicle
A longtime teacher and two-sport coach in Pe Ell has been put under investigation by the school district and placed on paid administrative leave after a series of complaints from a parent leveled numerous allegations against him in his capacity as a track coach.
The parent of a 14-year-old track athlete and Pe Ell student has alleged in a letter dated July 27 to the Pe Ell School Board and Superintendent Kyle MacDonald that Ron Dorothy, who teaches middle school science and high school physical education as well as serves as the Pe Ell High School football and track coach, made her daughter and a teammate “feel uncomfortable in a manner in which a 14- and 15-year-old girl should not.”
4 specific complaints against Dorothy, nine of which occurred sometime earlier in 2010 but unspecified exactly when. Five more complaints allege misconduct upon having the previous behaviors brought to his attention by another parent — and three more complaints detail allegations made during the 2010 Washington State High School Track Championship.
The first nine range from “coming up behind (the girls) and lurking,” “tapping on the butt with an object,” “videotaping them without their approval and not allowing them to see the film,” and“entering their rooms at State” — referring to the 2010 Washington State 1B, 2B, and 1A Track and Field Championships on the campus of Eastern Washington University in Cheney.
Five more complaints detail allegations of misconduct after Dorothy had the previous complaints brought to his attention in mid-April, according to the
letter. Those range from leaving the woman’s daughter out of training, to making “comments to her that were discouraging about her performance.”
The letter alleges that at the state meet, Dorothy entered the girls’ room on at least two occasions despite being told he couldn’t come in. On one of those occasions, according to the letter, Dorothy was alleged to have blocked the door yet one of the girls escaped, leaving one girl alone with Dorothy. Another complaint alleges that Dorothy’s wife was in bed, “appeared to be nude but covered to the chest with the blanket,” as one girl went in to retrieve a cell phone in an attempt to lock it.
He was back at work today….do not know anything other than that.
justiceforall says:
Friday, April 27, 2012 at 4:41 pm
F that minister….. who would even go to a church like that in their right mind after what they did. That is not a house of God.
Damn straight! People like this “minister” are the reason I got turned off on “organized religion” in my childhood and haven’t attended a church in years. And for those that would criticize . . . God knows what is in my heart, you don’t. I’m comfortable with my decisions, so don’t bother saying anything. There are so many hypocrites that hide behind their religion by going to church (like Phelps) that I can’t stomach it.
The “minister” ought to be ashamed of himself and he owes the girl and apology at the very minimum. Not only did Todd violate her in every way, he put a wedge between her and any apporpriate support she could have gotten elsewhere. Also typical pervert behavior.
I do feel somewhat bad for Todd’s family, but it’s terrible that they lied. If it was my husband/father/brother, I would not want to believe he was capable of such horrendous acts, but the facts speak for themselves. And if my husband was texting a 16 year old girl and had her personal email, I would be immediately suspicious of this behavior and if it continued, I’d throw his ass out AND alert the proper authorities.
Dorothy Was Disciplined for Sexual Harassment in 1997
By The Chronicle
A public records inquiry into Pe Ell teacher Ron Dorothy’s personnel file has uncovered an incident in 1997 in which independent investigator Gary Gerhard of Cascade Educational Services found a student’s claim of sexual harassment to be valid.
In the Oct. 6, 1997, incident, a Pe Ell High School student filed a written allegation of sexual harassment against Dorothy. The student claimed Dorothy asked for an explanation why she would not go to Rochester with her class on a field trip, and she related details of a rape that she had been a victim of in the area. The student alleged that Dorothy probed for the reason why she could not attend the trip, threatening her with failure of the science class if she did not tell him.
According to Gerhard’s report, Dorothy also made “a comment with sexual innuendo in September 1997 which included making her feel he wanted to do something sexual with her.” The comment was related to the girl’s age disparity between herself and her boyfriend, upon which Dorothy allegedly replied, “Is 40 too old?”
The report also stated Dorothy had “elevator eyes” and his staring at students was “unsolicited, unappreciated and made her feel very uncomfortable.”
Pat Meehan, then the principal of the Pe Ell School District, served Dorothy with a written reprimand and ordered him to undergo sexual harassment training as discipline for the incident.
@ Walville Lumber…..the teacher I speak about was in fact under investigation last year and years prior, but is currently under investigation AGAIN for another incident.
I meant SD 301…….
Karma Bus
I believe the teacher that you mentioned in your post was cleared of any wrongdoing after an investigation last year. That may have been a case of a parent or student with an ax to grind or some other personal agenda.
As far as the Phelps case, I believe a fair investigation is nearly impossible when the school board is comprised of family members and drinking buddies of one of the parties in the issue at hand.
That is my knock on School District 302; too much cronyism.
It is a comfort justice has been served. Hopefull the sentencing will be approprate.
F that minister….. who would even go to a church like that in their right mind after what they did. That is not a house of God.
Hooray…Lewis County Jurors and Prosecuting Attorney’s Office for seeing Phelps for the sexual predator that he is. All these things he contends that he did “trying to help this young lady” were nothing more than typical patterns of a sexual predator grooming his next victim. Had he truly been concerned for this young woman he would have taken the proper steps and alerted the appropriate people who could help her. Even after he was alerted that his behavior was inappropriate, he continued his grooming behavior for nothing more than to gain some type of sexual gratification.
This young woman was seeking help from ANYONE who would listen or help her and Phelps saw this and used it to his advantage to gain her trust. He manipulated her thoughts, feelings, and emotions. On one hand she finally had someone who would listen to her and lean on and on the other hand he was saying inappropriate things to her and making inappropriate sexual advances towards her. She knew him to be a trusted member of the community, a coach, a member of the church and a father of one of her friends, she spent a lot of time at his home. I am sure she was conflicted on how to handle his behavior, as she would lose the one person she felt she could lean on and trust and was worried about the backlash that small towns are notorious for.
Shame on those of you who are pointing fingers and snubbing your nose at this young lady…until you have walked in a victims shoes, DONT ever pretend to know what you would do, say or act when the time comes. As for her family…. please seek help as a family unit and work on recovery from this tragic event and the other issues within your family.
Hopefully, the Pe Ell School District will wake up and be more diligent in their investigations into these types of incidents and allegation of misconduct against our children. It is my understanding, that one of their teachers is currently under investigation for allegations against young girls/ ladies and this seems to be a repetitive pattern of behavior for this particular teacher. Too many “incidents” have occurred…..WAKE up Pe Ell School District and think of the children’s safety, how many more of these “incidents” are going to occur before you as a school district decide…NO MORE!!!
Could not agree more!!!…Her Aunt & Proud of it.
Oh and I love the BOZO comment!
I do think it would be a nice thing if her minister looks her in the eye and tells her he is sorry for telling her she couldn’t come to Easter sunrise service because Todd was going to be there. After all the no contact order was against him, not her and she was there, to worship, not hide.
Whoa! I think he missed the sack lunch,nothing to munch til’ “dinner”, plus with no money on his books, means he can’t order any commisary, ( usually done on Fridays,delivered the following Thursday). Thats indigent package for two weeks,( little tooth brush, little bar of soap,little bottle of shampoo). Gonna be rough w/o those supplimentary Ramen Noodles augmented with Beef & Cheese sticks, a jailhouse staple. Given his victim was sixteen I don’t believe he’s gonna be looked at the same as a pedo. after he goes on the chain. Probably do his time over at Stafford Creek.
Too bad he put that young girl and his family through this, he could have pled and probably already been out by now. He’ll probably have to register for 15 years, it’s only life time on class ‘A’ offenses, however rape is classified as a violent offense in Washington state law.
To the ones that think our familys happiness makes us in any way not feel bad for his family, I’m sorry for you. I feel truly bad that they believed him and got hurt by that belief. I do not in any way at all feel bad for him, but for his family I do. Todd got what he earned, and worked toward for years. There were 3 women in that court room that he had effected for life the same way he did her. How many others?
It’s time for each family to be blessed and heal. Todd will be taken care of by his own form of justice now.
Todd is jailed for not living right
His family they tried to lie and to fight
But the justice system they showed there might
And all those that thought god would shine bright
God did and god was right
Do toddy sleep tight
Nice word play with bozo
What kind of BOZO would knowingly lie and defend defend a rapist. Would have to be a real lowlife if you ask me…
Walville Lumber Company says: But, they are an arrogant, petty, vindictive bunch. So you never know.
. . . and a bunch of liars who are deeply in denial.
It’s obvious that Phelps is arrogant. To think that HE was capable of helping this kid shows endless, blatant arrogance. I hope they beat it out of him in prison.
As for him family, it doesn’t take a genius to know what Todd was doing was wrong on all levels. For you to continue to defend him makes you look just as bad as he does. I can’t help but believe that the people here posting in his defense are his family members hiding behind a fake persona. Who else would defend this guys actions? Like I said before – He’s a sick fuck.
I believe Todd s family is in complete denial and will never accept that he could have possibly done anything wrong. He has them all brain washed.
memyselfandi :
I seriously doubt there is much happiness in the victim’s family…..
As understaffed as the prosecutor’s office and sheriff’s department are, I would be surprised if they are actually charged. Although if charges were to be pressed, it sounds like it would be a slam dunk case.
I’m 291% certain that the conviction will be appealed. And if the family gets up and commits perjury again, I’m sure there will be some serious legal ramifications for them. They probably would be smart not to testify again, as they sounded like a collective train wreck this week.
But, they are an arrogant, petty, vindictive bunch. So you never know.
one family’s happiness is another one’s grief… just remember that.
It’s over with now… You people on here are just plain evil. Let God judge him and call him names, you have no right…
And DO NOT attack that family. Not one of them lied for him. They may have been LIED TO, but they all were truthful in their testimonies of what they knew.
Lewis County is a vicious rumor/gossip mill filled with people who love to spread it. Get a life.
It is time for the healing to begin in both families.
He is a preditor. A very sick man, who needs A LOT of help. He needs prayers, just as you or I do.
Please do not get me wrong, He needs to do time, TONS OF TIME. He has not only victimized her, but many, Many, MANY others..
I pray they also have the courage to come forward, so their voices may be heard as well.
So will the mother, daughter, and wife be charged with perjury?
Just curious since they had proof that the truth was not told by the family, what are the odds that perjury charges will be filed?.
Bet ol’ Todd was crying some big crocodile tears when he was being booked.
Serves him right.
It makes one wonder about the kind of hell that must have been going on in his own house…………
Todd, you are a sick,sick man. And those that decided to lie to a judge and jury on your behalf are no better.
Freaking AWESOME! I hope he rots in jail, after getting butt-raped a few times. See how he likes it.
Bookem Dano! Roger that!
PHELPS, TODD DALE 90813 Apr 27 2:07 PM
Arrest Date Arresting Agency Court Billing Agency Bond Type Bond Amount Warrant/Citation# Description
Apr 27 2:07 PM LCSO SUP LCSC No Bail $0 111007906 RAPE 3RD
Apr 27 2:07 PM LCSO SUP LCSC No Bail $0 111007906 SEX MISCONDUCT W/MIN 2
Wow, you all can go F off. And for you
6 mos or 6 years for him…take him out back and gut shoot him…who cares. There’s nothing society can do for these tyoe of people. She has a life sentence. Obviously this court is not going to fix in one week what took 16 years to create. Get her into therapy to find out and then fix why she was attracted to a predator like this. Other than that, it sure makes for great news that we can all anonimously feed off of…
Once found guilty, bail is not an option i believe. But I agree, it would be reasonible to assume him a flight risk.
I see they also have him on a no-bail hold for sentencing, so it is apparent even to the judge that this guy is either a flight risk, a danger to his victim, or both.
Let the healing begin for the Alden family.
They must still be processing him in the jail, because it’s not showing him being booked in yet (or released…).
I thought the same thing walville.. welcome to the party BTW
Love the picture toddy
I’m not surprised he was found guilty, but that’s because you don’t see most people being aquitted of charges like this. Guilty or not, the accusation is usually enough for a conviction. No doubt he’ll do his time in protective custody. I wasn’t present for the trial so I can’t really draw my own conclusion, but I will accept what the jury decided. God will ultimately judge him.
Now THAT is a nice picture!! I’m glad he was taken into custody immediately, because he is definitely a flight risk. And momma and the family would cover for him in a heartbeat.
Got a new word for you Todd; sodomy. It’s something you will be getting used to over the next few years!!!!
Justice is served.
GUILTY! I bet All you doubters and Phelps supporters are shocked!! Even an idiot could have see through this case and known this guy was guilty. And now he’ll be a registered sex offender the rest of his life!!
There is something that feels so right seeing him handcuffed and taken away. Pe Ell will be forever changed in such a good way. Young girls will have less to be afraid of they can finally speak out and find justice. God bless you and your family for paving the way.
Apparently, the jury found that there was NO reasonable doubt in this case, and they found that this monster did what he did. That means that normal citizens just like you and me found what he did to be reprehensible.
On a first conviction it might not be too heavy of a sentence, on the other hand making the girl relive the event in a full court room could work against him.
Ironic if he would have pled back in November to the misdemeaner charge, he probably would have only done six months of real time in county jail, max. maybe as little as four months. He could of been out by now.
So sad. NOT. I hope he goes to jail for the maximum time.