Archive for September, 2012

Chehalis women charged with 13 counts in connection with deadly underage drinking party

Wednesday, September 19th, 2012

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The two young women accused of buying alcohol for a teenage party in Adna that ended when a 16-year-old boy was run over and killed are being charged not only with furnishing liquor to minors but with reckless endangerment.

Lewis County Prosecutor Jonathan Meyer indicated in a prepared statement today the tragic death of Tyler S. Gonzalez underscores the serious problem of underage drinking and the need to confront the issues surrounding the problem immediately.

Gonzalez was drunk when he wandered away from the party and either laid down, passed out or went to sleep on the roadway in the middle of the night on May 12, according to the Lewis County Sheriff’s Office. He died at the scene on the 100 block of Brockway Road after a full-sized SUV ran over the top of him.

Prosecutors allege Talia R. Date and Megan M. Day bought beer from Wal-Mart and whiskey and vodka from a nearby liquor store at the request of one of the attendees at the small gathering.

Both women are 22 and from Chehalis.

Day is the older sister of one of the 16-year-old boys from the party, according to charging documents.

Reckless endangerment is a misdemeanor in which one “recklessly engaged in conduct that created a substantial risk of death or serious physical injury to another person.”

Charges were filed Monday in Lewis County District Court, according to Meyer.

Meyer noted in his statement that alcohol is the most used and abused drug among today’s youth.

“Youth from the ages of 12 to 20 years of age account for 11 percent of all alcohol consumed in the United States and 90 percent of that is consumed in the form of binge drinking,” Meyer wrote.

He provided numbers from the Centers of Disease Control and Prevention that note in 2008, there were approximately 190,000 emergency room visits resulting from alcohol related issues by people under the age of 21.

Charging documents allege essentially what the sheriff’s office has already said publicly.

Detectives learned several young people – ages 16 through 18 – were gathered in a shop building at 17-year-old Tyler Ketchum’s home, according to charging documents. The shop on the property is referred to a “Tyler’s shed.”

The sheriff’s office has said Ketchum’s parents were asleep in the house and unaware of a party.

The documents allege the following:

Somewhere between 8 p.m. and 9 p.m. one of them, a 16-year-old boy called his sister and asked her to buy alcohol.

Day and Date showed up to pick up the money the young people pitched in, as well as a “wish list. Three of the young people went to the store with the women.

The purchases included a 30-pack of Busch beer, a 12-pack of Bud Light, at least one bottle of Wild Turkey whiskey and two bottles of Skyy vodka.

Gonzalez and Raquem Hankins arrived around midnight, and everyone except Hankins was drinking. One 17-year-old boy passed out outside the building for a number of hours.

Gonzalez and another boy, both of whom were extremely intoxicated, walked away from the party, the sheriff has said.

Gonzalez’s  blood alcohol level was measured after his death at .17, according to the sheriff’s office. That’s more than twice the legal limit for driving.

The W.F. West High School sophomore died from multiple internal injuries about 2:30 a.m. on May 12. His death is not mentioned in the actual charges.

Day told a detective this was the first time she had bought alcohol for her brother and his friends when they were not going to be staying at her house, according to the charging documents. Date said they normally only let them drink at the house because they know they will stay there, the documents state.

Each woman is charged with six counts of furnishing liquor to a minor and seven counts of reckless endangerment. One count of reckless endangerment is in relation to Gonzalez.

They are not specifically charged with furnishing alcohol to Gonzalez, because they didn’t know he was going to be there drinking, according to Meyer.

Both offenses carry a maximum penalty of 364 days in jail and / or a $5,000 fine.

News brief: Religious discrimination lawsuit against Lewis County dismissed by judge

Wednesday, September 19th, 2012

By Sharyn  L. Decker
Lewis County Sirens news reporter

The lawsuit filed by a former Lewis County Juvenile Detention Center employee who contended he was fired because of his religion has been dismissed by the court.

A summary judgement was issued today by the judge in the case of Geoff Nelson of Rochester.

Nelson and his attorney said he was ordered not to bring a Bible to work, “harassed” for being Christian and treated differently repeatedly because of his beliefs.

The suit was filed in U.S. District Court in Tacoma.

Today’s decision means, in lay person’s terms, the court decided Nelson had no basis to sue the county, according to Lewis County RIsk Manager Paulette Young.

Nelson has 30 days in which to appeal, if he chooses.
•••

For background, read “Christianity at work: Rochester man seeks $3 million in suit against Lewis County” from Friday April 6, 2012, here

Appeals court gives Centralia teen a “do-over” on 90-plus-year drive-by shooting sentence

Wednesday, September 19th, 2012

By Sharyn  L. Decker
Lewis County Sirens news reporter

A nearly 93 year sentence handed down to a 16-year-old Centralia boy convicted of a drive-by shooting in which nobody was injured has been tossed out by the state court of appeals.

Guadalupe Solis-Diaz Jr. challenged his virtual life sentence in light of a constitutional ban on cruel and unusual punishment, specifically a 2010 U.S. Supreme Court decision that held a sentence of life without parole is forbidden for a juvenile who did not commit homicide.

The appeals court decision however focused on the deficient performance of the attorney who represented the former Centralia High School student.

The opinion issued yesterday remanded the case back to Lewis County Superior Court for re-sentencing.

Solis-Diaz was arrested in August 2007 after gunfire was sprayed along the east side of South Tower Avenue in Centralia, missing six bar patrons. Witnesses testified it was gang-related.

Centralia police that summer dealt with at least a half dozen gang-related shootings of cars, homes and people, including a case in which bullets pierced the walls of the apartment where the teenager lived with his mother.

Solis-Diaz was a passenger in a car driven by 21-year-old Juan “Pollo” Velasquez and it was about midnight on Aug. 10 when he fired seven times into a group of people outside the Tower Tavern. He turned 17 days after the incident.

The teenager maintained his innocence, but was convicted four months later of six counts of first-degree assault, one count of drive-by shooting and one count of unlawful possession of a firearm.

He had declined a plea offer of 15 years in prison.

Michael Golden was the elected prosecutor at the time and the case was handled by then-deputy prosecutor Chris Baum. Judge Nelson Hunt presided. Solis-Diaz was represented by court-appointed attorney Michael Underwood.

The six assault counts were ordered to be served consecutively and each carried a mandatory extra five years because they were committed with a firearm. The sentence given was at the high end of the standard range, 1,111 months in  prison.

The three-judge panel unanimously ruled in its opinion that the teen’s defense attorney made a number of choices at sentencing that no reasonable attorney would have.

Among them:

• The lawyer failed to alert the court it had discretion to impose a lesser sentence, given that the presumptive sentence was clearly excessive.

• He failed to call family, other members of the community including the teen’s teachers to testify on his behalf, a move which would have apprised the court that the teen’s emotional and mental maturity should have been considered.

• He failed to call to the attention of the court a landmark U.S. Supreme Court decision in which indicated courts should consider youth differently than adults.

• He failed to produce or request a pre-sentencing report which could have shed light upon issues related to the teen’s mental and emotional sophistication.

• He mistakenly indicated the teen was “declined” as a juvenile and tried as an adult, when in fact no decline hearing was held to determine if the teen’s maturity and mental development warranted prosecution as an adult. The case was actually “auto-declined” by operation of a statute.

Yesterday’s decision followed not a direct appeal, but a personal restraint petition.

Sarah Beigh argued in filings for the Lewis County Prosecutor’s Office. Solis-Diaz’s attorney for the petition is listed as Kimberly D. Ambrose of the University of Washington  School of Law. A number of other attorneys filed briefs on the teen’s behalf.

Ambrose contended Soliz-Diaz received ineffective assistance at sentencing because his counsel’s performance fell below objective standards of reasonableness and prevailing professional norms. The appeals court agreed.

It’s not clear from the opinion how much time the teen may get after a new sentencing hearing or when that may happen, but is clear the defense attorney must do more than what Underwood did.

Underwood’s entire argument at sentencing in December 2007 consisted of the following:

“Certainly it is a tragic event. You heard all the evidence. My client still maintains his innocence, your Honor, but the jury did find him guilty. We would ask the court, your Honor, to give him the low end of the range. He is 17 years old, declined as a juvenile and tried here.  He’s still looking at, your Honor, almost a life sentence, quite frankly, unless something happens in the intervening years that he is serving his time. We think the low end of the range [927 months] would be more appropriate.”
•••

Read the opinion, here

Sharyn’s Sirens: Daily police and fire roundup

Tuesday, September 18th, 2012

Updated at 5:51 p.m.

CAR RUNS OFF INTERSTATE 5 UP HILL, AND BACK DOWN

• One person had rib pain after a two-vehicle accident this morning on Interstate 5 in Chehalis in which a car swerved off the road, up an embankment and into a fence before rolling back down the hill and coming to rest on its wheels on the shoulder. Troopers called just before 8 a.m. to the northbound lanes near West Street reported that Merilee S. Hill, 59, of Chehalis was taken to Providence Centralia Hospital. Traffic had slowed and Hill tried to slow down too but struck the back end of another vehicle before her Acura RSX traveled up the hillside, according to the Washington State Patrol. The 48-year-old driver of the other vehicle, Diana L. Jennings of Chehalis, was described by the trooper as uninjured. Her 2006 Hyundai Santa Fe was drivable after getting struck, according to the state patrol. Hill was cited for speed too fast for conditions, according to the trooper.

SALKUM-AREA WRECK

• A 48-year-old driver from Oregon as hospitalized after a roll-over wreck on U.S. Highway 12 east of Salkum yesterday. A trooper called to the scene at 1:30 p.m. reported the eastbound Ford Focus left the roadway to the right and struck an embankment before rolling onto its top. It happened near Fischer Road, according to the Washington State Patrol. Kelly L. Jaffe, of Central Point, Ore. was transported to Providence Centralia Hospital with neck and back pain, according to Lewis County Fire District 8. Passersby had removed her from the car and she seemed disoriented, Fire Chief Duran McDaniel said. The collision is under investigation.

TRUCK VERSUS TREE CENTRALIA

• A driver escaped serious injury when his pickup truck veered into a tree at Van Wormer Street and Reynolds Avenue in Centralia yesterday afternoon. Responders called about 4:19 p.m. said there was considerable damage to the truck but the male driver declined to be taken to the hospital.

JEEP VERSUS TREE ONALASKA

• A pair of Onalaskans were taken to Providence Centralia Hospital yesterday after a Jeep ran off Middle Fork Road into a ditch and then a tree. A deputy arriving to the scene about 1:20 p.m. was told by the 67-year-old driver he heard a snap and then lost his steering, according to the Lewis County Sheriff’s Office. The vehicle had only lap belts so the driver and his 59-year-old female passenger “went forward into the windshield pretty good” but seemed to have escaped serious injuries, according to responders.

DOG SNATCHED FROM CENTRALIA YARD

• Police were called just before 6:30 p.m. yesterday when someone stole a dachshund from in front of a house on the 1100 block of F Street in Centralia. The dog thief was driving a red Isuzu Rodeo, according to the Centralia Police Department.

JEWELRY THEFT

• A deputy was called yesterday to the 100 block of Kauer Road in Packwood about a burglary involving almost $12,000 worth of jewelry. Sometime between Thursday and Saturday someone stole several items from a couple in their 80s, including a ruby ring, a pearl necklace with matching earrings, a 14 karat gold wedding band and a women’s fake Rolex watch, according to the Lewis County Sheriff’s Office.

TWO FLEE WITH STOLEN GROCERIES

• Chehalis police were called to the 1100 block of South Market Boulevard about 3 p.m. yesterday when someone left Safeway with a cart full of groceries they had not paid for. An employee took down the license plate information from the van and it was later stopped in Cowlitz County, according to the Chehalis Police Department. One occupant fled and a 33-year-old man was taken into custody there on an unrelated matter, Officer Linda Bailey said. The loss is estimated at $400.

THEFT

• A 33-year-old Centralia man wanted for stealing electricity from an abandoned house on the 200 block of East Van Buren Street was arrested yesterday by Yard Birds shopping center in Chehalis. Eric E. Hemenway was booked into the Lewis County Jail for second-degree burglary as he allegedly broke into the house to plug in a cord which led to a garage next door, according to police. He is to be released without charges pending further investigation.

• The Morton Police Department is investigating the theft of a firearm from a residence on the 500 block of Main Avenue. A rifle was reported missing on Sept. 10.

• Morton police were called last week about yet another theft from a lumber yard at the Northwest Home Center. During their investigation, officers learned roofing materials were also stolen from Dels Farm Supply, according to police.

DRUGS

• A married father of three from Longview and 29-year-old homeless woman from Astoria were arrested in Winlock last night for possession of methamphetamine. Jonathan R. Swann, 30, was pulled over just after 11 p.m. on Northwest Fir Street after an officer conducted a background check on his license plate and discovered the vehicle had recently been sold but the title was unchanged, according to charging documents. Swann admitted he was driving on a suspended license and was arrested, charging documents state. Charging documents go on to give the following account: A police dog was summoned to sniff around leading to a search of the vehicle. A small baggie of suspected methamphetamine was found in the trunk, along with some marijuana. Swann  told the officer he had a medical marijuana authorization. Inside a brown purse near where a female passenger had been sitting, suspected methamphetamine was found, as well as a small clear baggie with Batman symbols on it containing five brown round objects as yet unidentified. Lashawna L. Smith, who initially gave a different name, was then arrested for possession. A third occupant of the vehicle was not charged with any felony. The pair were booked into the Lewis County Jail and are being held on $10,000 bail.

CAR PROWL

• Police were called at 6:25 a.m. today to the 1100 block of Long Road in Centralia where a purse was stolen from a vehicle sometime overnight. The victim had left the windows down, according to the Centralia Police Department.

• Centralia police were called just after 9 p.m. to an interrupted vehicle prowl on the 1000 block of West Main Street. Officers were unable to locate a suspect as the individual had fled on foot, according to police.

• Police took a report about 4 p.m. yesterday from the 300 block of Noel Avenue in Centralia about the possible theft of medication from a vehicle.

VANDALISM

• Centralia police took a report yesterday of gang-style graffiti found on a fence at the 1300 block of Delaware Avenue.

Police: Inmate tricks staff into releasing him from Lewis County Jail

Tuesday, September 18th, 2012

Updated at 6:36 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – An inmate at the Lewis County Jail who allegedly impersonated another inmate yesterday was able to get himself released, but was found a short time later, according to police.

Chehalis police were called about 6:20 p.m. and given a description of the escapee, according to the Chehalis Police Department.

A corrections officer leaving the jail had seen the inmate out front and knew he was supposed to be inside, according to the Lewis County Sheriff’s Office.

The employee followed the subject in his vehicle, called 911 and two Chehalis officers arrived to take him into custody without incident less than five minutes later, authorities said.

He was found about two blocks away, at the 200 block of Northwest Chehalis Avenue, according to Chehalis Police Department Officer Linda Bailey.

Charles R. Baker, 54, of Randle, was returned to the jail, Bailey said.

Bailey said she did not know what Baker was locked up for.

The jail roster shows Baker is being held in connection with reckless burning and driving without a license.

Lewis County Sheriff Steve Mansfield said this afternoon he’s waiting for answers about how an inmate got improperly released.

Mistakes were made, he said, but he doesn’t yet know what they were.

The jail is operated by the sheriff’s office.

Mansfield said he does know Baker put on another inmate’s clothing while that inmate was asleep and signed documents for release, as well as spoke with the other inmate’s attorney who was waiting at the jail.

Mansfield said Baker was on a no-bail hold, but didn’t know the specifics.

An internal investigation is underway and Baker is being processed for theft and forgery, according to Mansfield.

The jail has several checkpoints during release procedures, including plastic identification bracelets worn by inmates, according to the sheriff.

His office will find out what occurred and tighten up procedures, he said.

Mansfield said Baker was out of the facility for 10 or 15 minutes.

“We book and release hundreds of people a year and unfortunately this has happened in the past and will probably happen again in the future,” Mansfield said.

The other inmate subsequently woke up and has been released.

Sharyn’s Sirens: Daily police and fire roundup

Monday, September 17th, 2012

Updated at 1:22 p.m.

ARSON ARREST

• A 44-year-old Centralia man was arrested over the weekend for first-degree arson in connection with a June 6 fire in which a 30-foot travel trailer on the 300 block of Kearney Street in Centralia was destroyed, according to the Centralia Police Department. Officer John Panco said officers picked up Brian H. Jones near the Sixth Street viaduct on Saturday and booked him into the Lewis County Jail. Authorities at the time said Jones previously lived in the trailer. It belonged to a woman who lives at the address, according to Panco.

SUSPICIOUS FIRES CONTINUE

• Lewis County Fire District 6 was called about 10:30 p.m. yesterday for another brush fire on Salsbury Avenue in Chehalis. Firefighters have been plagued with someone lighting fires in the area following a Sept. 1 blaze that destroyed a vacant mobile home on the 2200 block of Salsbury. Last night’s fire was about 10 feet by 10 feet and is part of an ongoing investigation, according to Fire District 6.

BURGLARY CHEHALIS

• A woman who lives in an apartment on the 200 block of Southwest 16th Street in Chehalis returned home Friday evening and discovered her television was missing. She told an officer she might have forgotten to lock the door, according to the Chehalis Police Department.

BURGLARY ONALASKA

• Two Timex watches, five Xbox games and assorted clothing were among the items stolen in a burglary to a home on the 600 block of Carlisle Avenue in Onalaska, according to the Lewis County Sheriff’s Office. The break-in occurred sometime on Friday between 3:30 p.m. and 8 p.m., according to the sheriff’s office.

BARN BREAK IN

• A deputy was called on Saturday about a burglary to a barn on the 1600 block of state Route 6. Among the items stolen were a garden hose and gasoline taken from a fuel tank, according to the Lewis County Sheriff’s Office. It happened between 5 p.m. on Friday and 7:30 a.m. the following day, according to the sheriff’s office.

VEHICLE THEFT

• A white 1994 Ford Ranger extended cab pickup truck was stolen from the 1100 block of West First Street in Centralia, according to a report made to police about 2:40 p.m. yesterday. It has a license plate of B25120S.

• A blue 1994 Ford Crown Victoria was stolen overnight from the 500 block of South Oak Street in Centralia, according to a report made to police yesterday. It has a license plate reading AEL 4226, according to the Centralia Police Department.

• A deputy was called yesterday about a 1988 GMC pickup stolen from the 3100 block of Zenkner Valley Road outside Centralia. The truck vanished sometime after midnight and before 9 a.m., according to the Lewis County Sheriff’s Office.

STEALING POWER

• Centralia police say they took a report about 10:40 a.m. yesterday of someone breaking into an abandoned building at the 200 block of East Van Buren Street to use electricity.

FIGHT AT PARTY

• Centralia police say they responded about 12:30 a.m. on Sunday to a report of a fight at a party on the 1100 block of Prospect Street, but none of the victims would cooperate in pressing charges. Several people had minor injuries and one suspect fled the scene, according to the Centralia Police Department.

CAR PROWL

• A victim  of an almost-car prowl confronted a male getting into his vehicle this morning on the 1300 block of Rose Street in Centralia. Officers called about 4:45 a.m. noted the victim heard something outside and then saw a male wearing a dark-colored hoody and a red backpack getting into his vehicle. The prowler ran off, according to the Centralia Police Department.

• A woman called police about 8:30 a.m. on Saturday and said she left her purse in her vehicle when she shopped for about a half an hour at the Dollar Tree in the Twin City Town Center and when she returned it was gone. The doors to her car were unlocked, according to the Chehalis Police Department,

• Police took a report of a vehicle prowl about 7:45 a.m. on Saturday at the 800 block of H Street in Centralia.

VANDALISM

• Centralia police took several reports on Saturday morning of “gang-style” graffiti on buildings and property on the 1400 block of Windsor Avenue. They occurred sometime after 12:30 a.m., according to the Centralia Police Department.

WRECK

• Centralia police said a child suffered minor injuries when he ran his go-cart into a parked car on Friday evening at the 200 block of West Oakview Street.

• A 37-year-old Randle man was hospitalized early this morning after he said his his truck nearly struck an elk on U.S. Highway 12 near Glenoma. Troopers called to the scene about seven miles east of Morton reported David C. Haviland was westbound when he swerved to miss the animal and rolled his pickup. The 1995 Ford Ranger came to rest on its top and was deemed totaled, according to the Washington State Patrol.

Read about wild fires off U.S. Highway 12 around White Pass …

Monday, September 17th, 2012

By Sharyn  L. Decker
Lewis County Sirens news reporter

The Yakima Herald-Republic reports a wildfire east of White Pass doubled in size on Saturday growing to about 1,300 acres and in some places burned down to U.S. Highway 12.

The fire is east of Rimrock Lake, which is about eight miles from the top of the pass.

The Packwood area fire department was called about two fires on the Lewis County side of the pass on Friday but said they were far enough from the highway they needed to be handled by the Forest Service.

“They had quite a few lightening strikes,” Lewis County Fire District 10 Chief Lonnie Goble said this morning.

The fires reported across canyons off mileposts 145 and 147 should be out by now, he said.

Read more here