Lewis County Sirens.com

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The lawsuit against White Pass School District – sued by the family of a sophomore who committed suicide – is over, with a Lewis County Superior Court judge ruling this morning school officials had no duty to notify Brian Stephens’ family of a suicide note they learned of or a possible suicide pact between two students

Brian Stephens, 16, was found dead with a gunshot wound to his head, inside a Tacoma man’s vacation mobile home in Packwood in May 2009.

Brian Stephens

His grandmother Debbie Reisert, with whom he lived, never heard about the note until months afterward. She wasn’t called when the high school counselor brought her grandson into his office to ask him if he was suicidal.

Days before Brian’s death, one of his friends had taken 30 Ibuprofen pills one morning and then went to school. When the counselor learned of it,  the boy was taken away in an ambulance to Morton General Hospital where he was treated and subsequently released.

A female classmate told counselors Brian had passed her a  note in English class, writing that if his friend killed himself, he would too.

The wrongful death lawsuit filed last year by Brian’s family never went to trial.

Lewis County Superior Court Judge Richard Brosey today granted a summary judgement requested by the school district.

“Is there a duty in the first place?” Brosey asked lawyers this morning. “That’s the issue we’re dealing with today.”

Brosey said the answer was no, based on case law.

“If the court of appeals or the Supreme Court want to declare there is, that’s up to them,” he said.

Tukwila attorney Philip Talmadge who represented the White Pass School District said the district feels horrible about the tragic circumstances, but they are not legally culpable.

The school counselor talked to the young man and he denied he was suicidal, Talmadge said.

He said the grandmother claimed she had previously had a long conversation with the counselor, asking him to inform her if he noticed anything amiss. But the counselor Justin Neilson didn’t recall the conversation exactly the same way, he said.

“Before you can have liability, you have to have a duty, as a matter of law,” Talmadge said.

He said it’s a question for the legislature, should it want to make such laws. There are many variables that would need to be addressed, he said.

“The Idaho legislature did that,” he said.

The family attorney Kevin Coluccio said he doesn’t yet know if they will appeal.

“I think what’s disappointing to us, is the school district won’t be held accountable for withholding information about kids,” Coluccio said. “Because mom and grandmother didn’t have the information, they couldn’t take action.”

Coluccio said some changes have been made, in part due to efforts by his clients.

The governor recently signed legislation that requires suicide education training for educators and some notification requirements, he said.

He called Brian’s death, or any child to suicide, a great tragedy.

“My hope is that this caused them to re-evaluate, to take more seriously the threat of teen suicide,” Coluccio said.
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For the in-depth story surrounding Brian Stephen’s death, read “Packwood teen’s suicide to be revisited, in court” from Sunday July 1, 2012, here

Rachelle L. Braaten pleads guilty to “delivery” of marijuana in Lewis County Superior Court.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Centralia mother who was captured on cell phone video offering up a marijuana bong to her toddler’s mouth was sentenced today to six months in jail.

Rachelle L. Braaten, 24, admitted what she did as part of a plea agreement, and the judge went along with it.

Lewis County Superior Court Judge James Lawler called the recommendations appropriate, given the particular facts of the case.

Lewis County Deputy Prosecutor Shane O’Rourke and defense attorney Sam Groberg told the judge what Braaten did involved a foolish lapse of judgement by a young mother while in the company of pot smokers in her home.

“It was at least those things,” Lawler told Braaten. “You’ve got to take care of your child.

“Being a parent means you have to protect your child; hopefully you’ve learned your lesson.”

Braaten and the boy’s father were arrested in early March.

Centralia police initially said they went to the home on the 1400 block of Delaware Avenue to confiscate marijuana plants, but court documents described the anonymous video they received as the primary reason for law enforcement’s visit to the home.

No charges have been filed in connection to the marijuana plants; the deputy prosecutor said it turned out there was evidence 25-year-old Tyler J. Lee was  validly prescribed medical marijuana and validly providing it for a second person.

According to the documents, Braaten told police she knew she shouldn’t be giving her son a hit off the bong, but felt “peer-pressured.”

She has no criminal background.

The video, which caught the attention of a worldwide audience on news sites, includes the sound of laughter from a number of people as the child approaches the marijuana smoking device which the mother is holding, and when his mouth gets close to its top, the little one rears back and coughs.

Braaten pleaded guilty today to delivery of marijuana, which carried a sentence of zero to six months, as well as a violation of a no contact order.

The charge which was dropped –  delivery of a controlled substance by a person over 18 to a person under 18, domestic violence –  has a standard sentencing range of 51 to 68 months.

“Our big thing is once she takes responsibility for what happened, I don’t think she needs to be subjected to the high sentencing range,” O’Rourke told the judge.

Both of her sons were taken by Child Protective Services initially. It wasn’t discussed in court where they are now.

Under the terms set forth by CPS, Braaten began attending parenting classes at Centralia College, which stopped when she was put in jail for violating the no contact order last month, O’Rourke told the judge.

Lawler said she could have contact with her son under the conditions allowed by CPS, but he made it part of the court order she continue parenting classes.

He implored her to embrace the course as an opportunity to become the very best mother possible.

“You’re young, you don’t have a lot of experience,” the judge said. “There’s a lot to be learned.”
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For background, read “Police: Marijuana smoking toddler taken from Centralia parents” from Friday March 8, 2013, here

The victim is pulled back over to safety as the diver, left, looks on. / Courtesy photo by Lewis County Fire District 10

By Sharyn L. Decker
Lewis County Sirens news reporter

A 24-year-old camper northeast of Packwood was rescued after he slipped into a glacial river while on a morning walk.

The Kennewick man was staying with friends and family in an unimproved area about a quarter mile south of Mount Rainier National Park off state Route 123, according to authorities.

He got too close to the edge of the Ohanapecosh River and slid about 25 feet into the swift water, the Lewis County Sheriff’s Office said. Packwood Fire Chief Lonnie Goble said the current swept him to the opposite bank, where he yelled for help.

His companions drove to Packwood to make a 911 call, which came about 7 a.m., responders said.

Responders set up a pulley system, with help from the man.

A sheriff’s deputy who is trained in swift water rescue entered the 40 degree water and was pulled to the other side, where he put a harness on the victim who was pulled back to awaiting rescue teams, according to the sheriff’s office.

The river is about 25 to 30 feet across at that point. The man was definitely hypothermic, but otherwise okay, Goble said.

He was checked by EMTs and transported to the Packwood Fire Department where he was able to get a hot bath, according to Goble.

Responding with sheriff’s office, the fire department and swift water specialists was Packwood Search and Rescue. They were at the scene about two and half hours.

While some were setting up the rope system, others tossed the man bags of warm, dry clothing, hot liquids to drink and shoes, according to Goble.

The fire chief said the area, known as the Cedar Brook camping area, has seen two drownings in the last decade and four to five water rescues.

“The rocks, they’re very slick,” he said. “They’re always wet.”

Starting to set up for rescue at Ohanapecosh River. / Courtesy photo by Lewis County Fire District 10

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Boat that couldn’t be used because of the rapids. / Courtesy photo by Lewis County Fire District 10

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Chehalis father accused of writing himself some $8,000 in checks from the W.F. West High School’s senior class fund went before a judge today and pleaded not guilty.

Robert N. Downs Jr. remains free on his personal recognizance but was ordered to visit the jail to get his finger prints and picture taken.

Downs, 43, hired Centralia attorney David Arcuri to represent him. He was charged last month with first-degree theft and 14 counts of forgery.

The Chehalis Police Department began investigating in January following a complaint from students’ parents the account had less money in it than they thought there ought to be.

The fund comes from a a tradition of adults collectively fundraising during their children’s high school years to pay for graduation-related activities.

When Chehalis police announced their findings in March, they indicated only that $8,200 was taken out and that Downs’ wife, who was in charge of the account, replaced the missing money after she learned of the losses.

Lewis County Prosecutor Jonathan Meyer wrote in charging documents an analysis is being conducted on the bank records to determine how much, if any, additional money is missing.  His office is still looking into that, Meyer said today.

Downs was charged on April 30, the same day he was served his summons at his workplace, Green Hill School, the state juvenile corrections facility for boys in Chehalis.

It’s not clear what his job is there or if he is still employed.

Charging documents allege Downs wrote checks between June and August of last year in amounts ranging from $275 to $850. The total is $8,075, according to the court documents. Prosecutors state he forged his wife’s name.

Charging documents don’t offer any indication of what he may have spent the money on.

Downs sat to the right of his attorney this morning in the Chehalis courtroom, sporting slacks, a dress shirt and tie.

Arcuri told the judge he didn’t think it was necessary in the conditions of release order to restrict his client’s travel. His family has a sports tournament in Idaho in June, Arcuri said.

Meyer said the pre-trial limitation to Western Washington is typical.

Lewis County Superior Court Judge Richard Brosey ordered Downs not to go outside Washington, Oregon or Idaho.

Meyer said outside the courtroom it doesn’t change the fact of a theft – under Washington state law – even if all the money was put back in the account.

“So, can I take $10,000 from your account, and put it back when I get caught?” he asked by way of an illustration.

Meyer contended the funds were not returned to the account until after questions were being asked.

A trial date was set for the week of August 5.

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For background read “High school senior class fund in Chehalis under scrutiny” from Tuesday March 19, 2013 at 9:45 p.m., here