Archive for June, 2011

Star Tavern: Chehalis man not guilty of assault

Wednesday, June 29th, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A jury returned with a not guilty verdict today in the case of James Michael Abbott, on trial for second-degree assault stemming from an incident at the Star Tavern in which a man’s skull was cracked.

The other man, Gary Dvojack, is in a nursing home with long term injuries, prosecutors said on Monday.

Not guilty by reason of self defense, Abbott’s attorney Don Blair said this afternoon.

They deliberated about two hours, according to Blair.

The trial in Lewis County Superior Court began on Monday.

Jurors heard Dvojack was stumbling drunk, propositioned a female bartender and as Abbott was trying to get him to leave, Dvojack touched or hit the 49-year-old Chehalis man who pushed or shoved him back last November.

Sixty-five-year-old Dvojack fell back and hit his head on the concrete floor.

Blair said his client didn’t want to stand by while the bartender could have been injured, and Dvojack turned his attention to his client and said he was gonna “kick his ass”.

Abbott didn’t hit him, or head butt him or kick him, all he did was push him, Blair said.

Prosecutors: Armed Mossyrock man who threatened police officer kept journal with details on Lakewood cop killings

Wednesday, June 29th, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Bail was increased to $500,000 for a man who reportedly advanced on a Mossyrock police officer during a traffic stop, forcing the officer to draw his pistol and retreat behind his patrol car.

Wayne Burdette, 43, was arrested for driving under the influence after the incident two and a half weeks ago in Mossyrock, according to charging documents, but a subsequent search of his trailer turned up a journal containing statements such as “How to kill cops”, “Teach body armor weak spot” and “Target all colleges and trade schools that offer law enforcement training”.

Burdette is charged with harassment; threat to kill and also with obstructing for his June 10 encounter with Mossyrock Officer Jeremy Stamper.

He was released from jail on the DUI charge, and then the  Lewis County Sheriff’s Office SWAT officers visited his trailer on June 16 to arrest him for incident with Stamper, according to court documents. Burdette’s address is listed as the 100 block of Winston Creek Road outside Mossyrock.

Deputies found a loaded shotgun just inside his doorway and a detective’s search turned up the journal, according to the documents.

Burdette pleaded not guilty on Thursday in Lewis County Superior Court, but Judge James Lawler raised his bail from $350,000 to $500,000.

The increase followed last week’s encounter in Napavine in which a 33-year-old man reportedly charged a sheriff’s deputy and was fatally shot.

The supplemental information from the found journals and police reports from other counties was submitted to persuade a judge higher bail was necessary, and to show the true nature of the threat Burdette made on June 10, according to prosecutors.

Prosecutors say Burdette was previously flagged as a risk to officer safety, that he was known to assault officers and carry firearms.

Prosecutors say they learned from other counties, that Burdette in the past has made statements that “Vengeance and death are the only way to deal with people who wear a badge, carry guns and have prosecutors on their side,” according to the documents. A second notebook found by sheriff’s detective Dan Riordan reportedly included a detailed account of the Lakewood police shootings and contained the statement, “Maurice Clemmons gave them too much warning”, according to prosecutors.

Officer Stamper presumably knew very little of that when he pulled Burdette over for speeding on June 10.

Charging documents allege the following about the traffic stop:

Stamper stopped a brown Ford pickup in a 25 mph zone traveling 38 mph.

The driver, Burdette, argued about how fast he was going, and Stamper told him to stay in his truck and he would be back with him in a few minutes.

Burdette had given him a glare that made Stamper apprehensive.

When Stamper went back to his patrol car to fill out a ticket, he observed Burdette lay down out of sight.

Stamper opened his patrol car door, unholstered his pistol. As dispatch was telling Stamper of the officer “safety flag” on Burdette, Burdette got out of his truck with his right hand behind his back and approached Stamper’s patrol car.

Stamper pointed his pistol at Burdette, ordered him to show his hands and get back in his truck, but Burdette kept walking toward the officer.

Stamper moved to the back of his patrol car as Burdette was at the driver’s door. Burdette was arguing he wanted to see the “f-ing radar”

Stamper held his ground, and Burdette returned to the cab of his truck.

While Stamper was on the driver’s side explaining the ticket to Burdette, a trooper who arrived as backup was at truck’s passenger side and saw a pistol in Burdette’s waistband

Both officers drew their weapons and ordered him to show his hands, one of which he repeatedly kept putting near where his gun was.

Stamper finally ordered Burdette to show his hands or be shot, and Burdette kept staring with the “thousand-yard stare.”

Burdette finally got out of the truck and was placed in the “prone position”; Trooper Jason Hicks thought he might be under the influence of some drug and arrested him for DUI.

They found a loaded .40 caliber pistol pistol in the small of Burdette’s back; it had a bullet in the chamber and the safety was off.

He had two more magazines in his belt.

And Burdette said: “No wonder why we walk into a coffee shop and shoot four of you.”

Felony harassment: Prosecutors allege that by his words or conduct, Burdette threatened to kill Stamper, and by his words or conduct placed Stamper in reasonable fear the threat would be carried out.

Burdette has no felony criminal history, but has a conviction for a gross misdemeanor sex offense. He had just visited the Lewis County Sheriff’s Office in late May to register his address as a level one sex offender.

Burdette’s trial is set for the week of August 15.

•••

CORRECTION: This news story has been updated to reflect Wayne Burdette’s correct age.

Sharyn’s Sirens: Daily police and fire roundup

Tuesday, June 28th, 2011

METAL THEFT

• Somebody stole the aluminum handrail from the bridge over the Skookumchuck River at Schaeffer Park north of Centralia, the Lewis County Sheriff’s Office reported this morning. The 240 feet of rail vanished sometime between June 13 and yesterday, according to the sheriff’s office. The loss is estimated at $5,000.

• Centralia police were called yesterday about the theft of metal from a former manufacturing plant on the 1800 block of Crescent Avenue. Police say they have a possible suspect.

OTHER THEFT

• A deputy took a report yesterday of a vehicle prowl at the Iron Creek Campground near Randle. Missing were two fly fishing rods and a reel, according to the Lewis County Sheriff’s Office.

• Centralia police took  a report yesterday of license plates stolen from a vehicle at the 1500 block of Pike Street overnight. They read: 428 TIY

• Centralia police were called yesterday afternoon to the 500 block of Harrison Avenue about a counterfeit $20.

CAR VERSUS BICYCLE

• A 60-year-old man on a bicyclist sustained minor injuries yesterday when his bike and a car collided on Mellen Street and Marsh Avenue in Centralia, according to police. An officer was called just after 1 p.m. and noted the bicyclist got bumped, according to the Centralia Police Department.

CRASH

• Firefighters and police were called to a three-vehicle collision about 1 p.m. yesterday on the 500 block of Harrison Avenue in Centralia. There were seven potential patients but just one female with an injury, to her wrist, according to Riverside Fire Authority.

MAN TRAPPED BY TRAP

• Lewis County Fire District 15 was called Monday afternoon to an incident on Camus Road where a man’s foot got stuck in a beaver trap. Firefighters cut the trap and the victim declined to go to the hospital, according to Firefighter Patrick Jacobson. It wasn’t like a bear trap, Jacobson said. It just clamped down, but didn’t cut him, he said.

Star Tavern: Man on trial for assault in Chehalis bar that cracked fellow patron’s skull

Tuesday, June 28th, 2011
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James Michael Abbott talks with his lawyer Don Blair in court yesterday as his trial begins.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Gary Dvojack and his wife moved from Spokane to retire in Chehalis so he could hunt and fish but now he’s in a nursing home; he can’t walk, he can barely speak and he can’t take care of himself, Chief Deputy Prosecutor Brad Meagher told a jury yesterday.

He’s in wheelchair now, and the only reason is because of what happened last November at the Star Tavern, Meagher said.

Dvojack was very drunk when he walked into the Chehalis bar, Meagher continued.

“(Mr. Dvojack) got into an argument with Mr. Abbott, and Mr. Abbott shoved him so hard, Mr. Dvojack fell back and hit his head on the concrete floor,” he said.

His skull was cracked.

Meagher was speaking to a jury in Lewis County Superior Court yesterday morning where James Michael Abbott is on trial for second-degree assault.

Chehalis police arrested Abbott, 49, about a week after the Nov. 30 incident at the watering hole on Northwest Chehalis Avenue in Chehalis. At the time, 65-year-old Dvojack remained unconscious and on life support, according to police.

A jury of five men and seven women are hearing the testimony in a trial that is expected to last into tomorrow.

Meagher spent only about 10 minutes yesterday making his opening statements in the Chehalis courtroom.

He described Dvojack as a drunk old man who made inappropriate comments to the female bartender and told jurors when they see the scene on the security video, they will see Dvojack put the back of his hand on Abbott, and then Abbott using two hands, “launching” Dvojack back several feet.

While the bartender Laurie A. Rager told 911 Abbott told her Dvojack pushed him first, Meagher said, the video will show she had her head down behind the bar and didn’t see it.

“What you’re gonna see might be different from you hear,” Meagher said.

Defense attorney Don Blair spoke to the jurors for about 10 minutes as well.

His client is a longtime resident who used to own a business that sold communications electronics, Blair said.

Abbott went to the tavern to look at the newspaper and watch a Husky game on their big screen television, Blair said. He and others were helping the bartender with her college math homework, he said.

Dvojack had propositioned the bartender, using the F-word and offering her $100, he said.

The bartender is telling Dvojack he’s kicked out; and Abbott is tells Dvojack “why don’t you just leave”, he said.

Dvojack gets more aggressive, Blair says.

“You’ll see in the video, Mr. Dvojack reaches out and hits Mike’s arm,” he said.

He does push him, Blair said.

“And he falls down and hits his head and got injured,” Blair said. “And Mike feels bad about that.”

Was it reasonable?, Blair asks.

“When Mike pushes him, was that push reasonable?” he said. “That’s really the question here.”

The crime charged involves intentional assault and recklessly causing substantial harm; prosecutors are alleging an aggravating circumstance that the victim suffered extreme injuries that are long term.

What jurors won’t hear, is that police arrested the bartender, Rager, for lying. Meagher said he resolved that case; by continuing it.

Read about 911 lines being re-routed in north Cowlitz County …

Tuesday, June 28th, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

The (Longview) Daily News reports some phone lines in Ryderwood and Castle Rock are not working and some 911 lines have been re-routed.

Read more here

Breaking news: Mossyrock Fire Chief Hadaller dies

Tuesday, June 28th, 2011
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Fire Chief Matt Hadaller

This news story was updated at 4:18 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

Mossyrock’s fire chief Matt Hadaller passed away last night.

Hadaller was 47.

Members of Lewis County Fire District 3 are gathered at the fire hall today, with outside fire chiefs who came to take calls from the news media and begin to plan a memorial service.

Hadaller has been chief of District 3 seven and half years, and a member of the department for 20 years, according to Lewis County Fire District 13’s Chief Gregg Peterson.

Peterson sent out an announcement just after noon time saying it is with a heavy heart, the volunteers of District 3 announce the death of their chief.

Exactly what happened isn’t yet known, according to Peterson.

Hadaller was at home, on call, last night when he suffered an as-yet undetermined medical issue, according to Peterson. His brother-in-law Mike Kalouse said he was with Hadaller when it happened.

Members of his own fire department took him by ambulance to Morton General Hospital, but he suffered a cardiac arrest on the way, Peterson said.

They made a “valiant effort to revive him, but sadly, were unsuccessful” Peterson wrote in a news release afternoon.

Hadaller served as a Mossyrock city council member for three years, ending in late 2007, according to the city clerk.

He grew up in the community, Peterson said.

Peterson, Randle’s Fire Chief Jeff Jaques, Napavine Fire Chief Eric Linn and Riverside Fire Authority’s Chief Jim Walkowski are at the Mossyrock fire station working out details of a memorial service to be held on Saturday, Peterson said.

It will take place at the Mossyrock High School football stadium, where Hadaller played quarterback for the Viking’s football team, according to Peterson.

The time is 1 p.m. The address is 295 Williams St. in Mossyrock.

District 3’s commissioner’s appointed Assistant Fire Chief Doug Fosburg interim chief effective at noon today.

•••

Update: Peterson says that any agencies wishing to join the procession with their vehicles should email hadallermemorial@gmail.com noting the apparatus type and number of personnel.

News brief: Sword robbery suspect turns himself in

Tuesday, June 28th, 2011

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The suspect in the sword robberies at the Market Street Market in Chehalis was living just four or five blocks from the convenience store, police said today.

Officers were called about 9:15 a.m. yesterday to the convenience store between 12th and 13th avenues on South Market Street, and told an armed robbery had occurred about an hour earlier, according to the Chehalis Police Department.

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Security video image from June 18

Officers were told a male wielding a sword came in and demanded money, the second such hold up at the business in a little more than a week.

The owner of the market said yesterday the encounter was brief, with the subject making him put cash into a plastic bag.

The masked man was last seen running in the area of Southwest Cascade Avenue and 13th Street, according to the Chehalis police.

Deputy Chief Randy Kaut said officers yesterday learned of a gentleman who owns some swords, spoke with him and came to the conclusion the man’s young relative had borrowed the weapons and robbed the store twice.

Twenty-three-year-old Jonathan A. Jamerson went into the police department yesterday, was interviewed and then arrested for two counts of first-degree robbery

Jamerson was temporarily staying with the relative who resides a few blocks from the store, Kaut said. He is previously from Thurston County, according to Kaut.

Police took possession of at least three swords from the home, and some cash – possibly from the holdup, Kaut said.

Police believe Jamerson is likely the same individual who pointed a sword at two clerks and robbed the market the night of June 18.

The victim said yesterday it looked to be the same person, wearing the same clothes.

Kaut said he didn’t know the reason for the delay in reporting yesterday’s incident, except the victim told police he really didn’t know what he should do.

Jamerson is tentatively scheduled to go before a judge today in Lewis County Superior Court.