By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A Mossyrock man on trial for allegedly threatening to kill Mossyrock Police Chief Jeremy Stamper never did that and only made a derogatory statement about police because he was threatened with being shot when he was pulled over for speeding, a jury was told today by the man’s defense attorney.
Wayne Burdette, 44, is charged with harassment; threat to kill and also with obstructing in connection with his June 10 encounter with Stamper.
Wayne Burdette in court today
“Mr. Burdette naturally believes his rights were violated here and that he’s a victim of police misconduct,” attorney Ken Johnson told the jury this morning.
A panel of eight women and four men are hearing the case in Lewis County Superior Court in Chehalis.
Johnson spoke only briefly in his opening statements before lunch, describing Burdette as using profanity when he he got out of his truck and went back to the police car, saying he wanted to see the radar. Stamper pulled out his weapon, Johnson said.
“There’s no threat (from Burdette), they are exchanging some words, Mr. Burdette was angry,” Johnson said. “Eventually Mr. Burdette goes back to his truck and sits down.”
Johnson went on to say that what followed, was his client was forcibly removed from his truck, again at gun point, after an arriving trooper observed a weapon in the small of Burdette’s back.
The prosecutor didn’t mention Burdette holds a concealed weapons permit, Johnson said. The attorney told the jurors his client will testify he carries his gun everywhere it’s lawful to have it.
“It’s not a crime, it’s not illegal,” Johnson said.
Johnson said it’s an unusual case, without a lot of disputed facts, but facts that can be subjected to more than one perspective.
“Let’s be perfectly clear here, he never at any time threatened to kill the officer,” Johnson said.
Chief Deputy Prosecutor Brad Meagher in his opening statements told jurors Burdette’s actions constituted the threat.
It happened about 11 o’clock at night, Officer Stamper was alone and he had told Burdette to please stay in his vehicle while he went back to his patrol car to write a ticket, Meagher said.
With his patrol lights shining on Burdette’s truck, he could see the man lay down in his vehicle and then get back up again, Meagher told the jurors.
That made the officer apprehensive, according to Meagher.
Then, Meagher said, the defendant “launched” out of his vehicle, both feet at the same time and advanced on Stamper with one hand behind his back.
Stamper got out with his gun, telling Burdette to show his hands, but Burdette continued to walk toward him, even though he was being told to get back in the vehicle, Meagher said.
“Stamper retreats behind his car, and says, ‘If you take one more step, I’m going to shoot you’,” Meagher said.
“That’s a threat on that officer’s life by a man walking towards him with his hand behind his back,” Meagher said.
Stamper called for backup, and Trooper Jason Hicks saw the gun on Burdette – who by that time was back in his truck.
After Burdette was handcuffed, they took his weapon; “It was loaded, there was a bullet in the chamber, and the safety was off,” Meagher said.
Burdette’s actions constituted a threat, Meagher told the jurors.
What jurors didn’t hear in opening statements was that as Burdette lay face down on the ground, Burdette said, “No wonder why we walk into a coffee shop and shoot four of you.”
Burdette was arrested a week after the traffic stop for felony harassment, when Lewis County Sheriff’s Office SWAT officers visited his trailer.
A search of his trailer turned up a journal containing statements such as “How to kill cops” and “Teach body armor weak spot”, as well as a loaded shotgun just inside his doorway, according to court 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.
The supplemental information from the search was submitted previously 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.
Burdette’s bail is set at $500,000.
The trial was expected to resume after lunch and last two days.
Burdette has no felony criminal history, but has a conviction for a gross misdemeanor sex offense. He is a level one registered sex offender.
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For background, read:
• “Prosecutors: Armed Mossyrock man who threatened police officer kept journal with details on Lakewood cop killings” from Wednesday June 29, 2011, here
• “News brief: Trial for armed Mossyrock man who allegedly threatened police officer set to last two days” from Thursday July 14, 2011, here
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