Lewis County Sirens.com

Updated

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Lewis County prosecutor has found Phillip A. Pinotti wasn’t trying run down a court security officer with his car last month, but also that it wasn’t criminal for the officer to fire his gun at Pinotti who was attempting to escape arrest on a misdemeanor warrant.

It was Dec. 16 when 22-year-old Pinotti was being handcuffed at the end of a hearing in Centralia Municipal Court, that he slipped away from the court security officer and ran to the next block where his car was parked.

Phillip A. Pinotti,file photo

Pinotti’s Subaru either lurched forward or it didn’t, before he put it in reverse, drove backwards at a high rate of speed, and fled the area.

Centralia Court Security Officer Steve Howard fired one shot breaking the driver’s side window, saying he was was in fear for his safety, that the car was being used as a weapon. Pinotti survived, he wasn’t hit with the bullet, only sprayed with fragments of glass.

Lewis County Prosecutor Jonathan Meyer who evaluated all the law enforcement reports on the events of that day indicated it’s not clear if the car lurched forward or not.

“That’s a good question,” Meyer said this morning. “Pinotti says it didn’t, Howard says it did.”

“I’m not saying either one is wrong, it’s perception.”

Prosecutors this morning dropped a first-degree assault charge against Pinotti; they reduced it to obstructing.

“We reached the conclusion yesterday there was no intent on the part of Mr. Pinotti to injure the officer,” Meyer said. “The intent was to escape.”

The Adna resident who is free on bail is scheduled to go before a judge again next week and plead guilty to obstructing, third-degree escape and tampering with evidence.

Lawyers on the two sides agree on how much time they will recommend he should be locked up, Lewis County Chief Criminal Deputy Prosecutor Brad Meagher said.

Meyer also concluded yesterday that Howard’s use of lethal force was legal under the laws of the state of Washington and that no charges would be filed against him.

The discharge of Howard’s weapon was investigated by the Lewis County Sheriff’s Office.

It has been customary for officer-involved shootings in Lewis County to be investigated by a multi-county shooting review team, that includes members of the sheriff’s office. And customary for the county prosecutor to review the findings and issue a decision.

Meyer said he found Howard’s actions were covered by the statute, 9A.16.040, which addresses justifiable uses of deadly force by a peace officer.

Officer Howard has a limited commission and handles courtroom security for the city. The retired California Highway Patrol officer had been working for the city for just short of four months when the incident occurred. He was placed on administrative leave pending the results of the shooting investigation.

Centralia Police Department Chief Bob Berg announced this morning that now that Meyer is finished with his part, an internal use of force review board will be convened.

A review panel consisting of command personnel from the Centralia Police Department and outside law enforcement will provide their findings and recommendations to the chief of police, who will decide of Howard’s actions were consistent with department policies.

“I am pleased that the first part of this investigation has been completed and await the findings and recommendations of the review panel,” Chief Berg stated in his news release.

Howard could be back on the job before the panel’s work is done, according to Berg. He can return once certain once administrative requirements have been met, according to Berg.

Separately, Meagher said the charges would be reduced for Pinotti’s four friends, accused of helping him get away and hide from police. Because Pinotti’s charge is not a felony, their charges become non-felony, he said.

While previous officer-involved shootings have been investigated by a multi-jurisdictional team, the sheriff’s office was the only agency involved in this instance, according to Meyer. The same investigation provided the information for evaluation of charges for both Pinotti and for Howard.

Meyer said he was given a presentation on Friday of what detectives found, and then yesterday he issued a letter to Police Chief Berg regarding Howard.

The 16-page memo includes summaries from eight individuals who were interviewed, plus Berg, Howard and Pinotti. Meyer said a lot of people didn’t see the entire event.

Much of the document consists of Meyer’s legal analysis and ends with his conclusion.

“This office’s role is not to determine if this chain of events could have or should have been avoided,” Meyer wrote. “Nor is it to determine how another law enforcement officer would have reacted in the same scenario.

“Rather, the role of this office is to determine if, under the law, Officer Howard should be charged with a crime.

Meyer looked over RCW 9A16.040 and concluded no charges would be filed against Howard, given that RCW 9A16.040(3) applied.

Part three reads: “A public officer or peace officer shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable pursuant to this section.”

In closing, the prosecutor noted he was not authorizing the release of any evidence in the matter, as it may be used in Pinotti’s case.

In his facts, Meyer adds to information already released. He writes that after Pinotti got into his car, he locked the door. He adds that Officer Howard gave repeated commands to Pinotti to stop and surrender.

He adds that Pinotti and other witnesses indicate Howard struck the driver’s side window with his drawn firearm, but Howard does not remember doing that.

Pinotti stated he simply put the vehicle in reverse and backed down Maple Street. Howard told detectives the car lurched toward him.

“What is not clear is how far forward the vehicle is believed to have traveled,” Meyer wrote.

Chief Berg previously said there were just two cars parked outside The Chronicle. One was Pinotti’s, and in front of that, was a vehicle belonging to Centralia attorney J.P. Enbody, according to Meyer.

Enbody was allowed to drive away before the sheriff’s detectives arrived on the scene, but detectives were able to look at photos that had been taken, according to Meyer.

The witnesses interviewed included four Chronicle employees three friends of Pinotti, who are accused of subsequently helping him hide, plus Sarah Gee who had given a ride to court that morning to one of the three.

Only Officer Howard spoke of the car lurching forward. He described it as “jerked forward.”

“Officer Howard said ‘as soon as I hear the car start my mind kinda shifted gears. I go if he starts the car and starts driving I’m going to get hit by the car. I pulled my weapon. I’m pulling my weapon and I’m yelling at him, don’t f****** do it,” Meyer wrote.

Meyer’s memo doesn’t indicate anywhere how far from the car Howard was, only that Howard had taken a position on the “driver’s side front.”

Pinotti’s statement describes Pinotti as telling detectives he sees Officer Howard, “the bailiff, security guard, whatever, is coming around the front of the hood and I see him raise his firearm at me, and states don’t do it, or I’ll f****** shoot you.”

Pinotti said he froze, then his flight instincts took over; saying he just threw it in gear in reverse and hit the gas as hard as he could.

Pinotti thought Howard had swung his gun twice into his window breaking it; he didn’t hear a gunshot and didn’t know the gun was fired until he spoke with others later, according to Meyer.

Chief Berg’s news release issued today takes the position that Officer Howard fired one shot at the vehicle “as it lurched towards him.”

Read Lewis County Prosecutor Jonathan Meyer’s analysis of Officer Howard’s shooting here
•••

For background, read “Bail set at $50,000 for Adna man arrested after getaway from court officer” from Friday December 19, 2014, here

The 2001 Honda Civic is parked in between the two houses n south Chehalis.  / Courtesy photo

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The flood warning for the Chehalis River around the Twin Cities is for tonight and tomorrow, but one household woke up bright and early this morning to find their cars nearly submerged in their driveway.

It was raining hard Sunday at bedtime, and had rained all day, Chehalis resident Gretchen Reyna said.

“I got up at 6 (o’clock), looked out the window and thought, ‘oh my gosh’,” Reyna said. “Yeah, it was up to the windows.”

The Pontiac she and her husband share, her 16-year-old son’s Honda Civic and her older son’s Honda were all practically under water, she said. A neighbor found their car in a similar situation, she said.

The family lives on Southwest Pacific Avenue, in the area behind Jack-in-the-Box and the Best Western Motel, off the 13th Street freeway exit. Parking lots of some of the businesses along Interstate Avenue were flooded as well, she said.

Fortunately, none of the water came into their home, a rental they just moved into a week ago. The driveway is lower than the house, she said.

“We talked to our landlady today, she said she’s been talking to the city for a long time about the storm drains,” Reyna said. “She’s livid. She’s already filed a claim.”

She was told it might have been a plugged culvert, or something similar, Reyna said.

The 39-year-old social worker who works in Olympia, said their landlady rented them a car today, so they could get to work. The family had only liability insurance on their vehicles, so it won’t be as simple as replacing them, she said.

“Obviously they’re ruined,” she said. “We’re going to try to dry them out, to see if we can salvage anything.”

The National Weather Service yesterday issued a flood watch for rivers in Western Washington, including in Lewis County, such as the upper Cowlitz River, the Newaukum River and the Chehalis River.

The alert was upgraded to a warning today. Numerous roads and streets were closed today with water over them, especially downtown Centralia.

This evening, at the Chehalis Fire Department, the crew was waiting, prepared for whatever the rising river might bring. But they’d had no weather related calls.

Some streets in Chehalis were closed, the usual ones such as Southwest Chehalis Avenue, and Kresky Avenue, Firefighter Derrick Paul said.

Firefighter Steve Emrich, whose own home is along the Chehalis River, said so far, their shift and the river have been “pretty benign.”

The weather service’s statement issued at 9:30 p.m. tonight, predicts the Chehalis River at Centralia will rise above flood stage about 9 o’clock in the morning. Emrich knows it will hit Chehalis some time before that.

The river is expected to crest near 65 feet about an hour later and then fall back below flood stage in the late morning. The peak has been revised downward by two feet since this morning’s forecast.

The results should be shallow flooding of farm lands and some roads; the roads include Airport Road, Florida Avenue in Chehalis and Military Road in Centralia, according to the weather service.

The upper Cowlitz River at Randle and Packwood appears to have crested well below flood stage.

The Newaukum River through Onalaska, Napavine and Chehalis crested this afternoon at just over 13 feet, about a half foot below its 1996 record. At least two homes on Rosebrook Road got water inside.

The Skookumchuck River at Bucoda is cresting in the “moderate” flood stage; and is forecast to crest in Centralia around 4 a.m. just below what’s considered a minor flood stage.

Monitor the changing conditions for yourself, using links always available on the right-hand sidebar of this news site under “Other useful web links. Direct from the National Weather Service.

• “Weather alerts, forecasts“: Click on the map to find your current and forecast temperature and other weather information, as well as alerts for hazardous weather conditions.

• “River levels“: Graphs show you what level your river has been at, where it’s at right now and where it is projected to be.

• Also, quickly and easily get information directly from others in the community by viewing or joining Lewis County Sirens on Facebook.

•••

For more, read “Water, water everywhere, but little damage in Centralia so far” from Monday January 5, 2015, here
•

The Reyna’s Pontiac and Honda sit in their driveway.

Lynette Brooks snapped this photo of Centralia College Boulevard just before noon today.

By Sharyn  L. Decker
Lewis County Sirens news reporter

Despite the flooded streets in Centralia, the fire department has answered only aid calls today, except for helping with one evacuation this morning.

“We assisted some folks, who had trouble getting out of their home, because of the high water,” Riverside Fire Authority Capt. Scott Weinert said. “We drove in and helped them out, and a couple of animals, I believe.”

That was on the 600 block of North Gold Street around 8 a.m.

China Creek which runs through town overflowed its banks in numerous places, and has been the primary problem today, according to the city of Centralia. Many flooded streets were closed.

The water level seemed to be going down near the Pearl Street Fire station, Weinert said this afternoon.

“And it’s not raining now, so that’s a good sign,” Weinert said.

At Centralia City Hall, water came up through the floor, through cracks in the concrete, earlier today, according to city emergency center spokesperson detective Patty Finch.

“It’s all cleaned up, no damage, just wet carpet,” Finch said this afternoon.

The flood warning on the Skookumchuck River has been lifted, and the river is going down, Finch said.

Finch said she’s heard of some businesses downtown that got water inside, including perhaps Bethel Church she thought. Mostly in between Tower Avenue and Pearl Street, and Hanson and Magnolia streets, she said.

The Red Cross notified Finch they were called by someone who had water in their home, a basement apartment off Magnolia Street, she said.

The city’s Emergency Operations Center  is closing down at 5 p.m. and there are no current plans to reopen it, Finch said.

Finch offers this message: Citizens within the city of Centralia can call and report any water damage to homes and businesses to the city’s Community Development Department tomorrow by calling (360) 330-7662.

Paperwork for water damage can be completed over the telephone; if this incident is later determined to be a eligible for benefits, Finch states.

The Skookumchuck and the Chehalis Rivers meet up in Centralia.

A flood warning remains in effect for the Chehalis River at Centralia through tomorrow evening, according to the National Weather Service. Minor flooding is predicted for Chehalis and on downstream to Grays Harbor.

At Centralia, the river is expected to crest near 67 feet about 1 a.m. and fall below flood stage about 4 a.m., the weather service states.

“At 65 feet, the Chehalis River in Lewis County will cause shallow flooding of farm lands and some roads,” the forecasters note. “Roads include Airport Road, Florida Avenue in Chehalis and Military Road in Centralia.”

Monitor the changing conditions for yourself, using links always available on the right-hand sidebar of this news site under “Other useful web links. Direct from the National Weather Service.

• “River levels“: Graphs show you what level your river has been at, where it’s at right now and where it is projected to be.

• “Weather alerts, forecasts“: Click on the map to find your current and forecast temperature and other weather information, as well as alerts for hazardous weather conditions.

• Also, quickly and easily get information directly from others in the community by viewing or joining Lewis County Sirens on Facebook.

•••

For more, read, “Centralia officials warn motorists about standing water” from Monday January 5, 2015, here

Water across North Pearl Street begins to recede about noon. / Courtesy photo by Riverside Fire Authority