Lewis County Sirens.com

Updated at 9:24p.m.

By Sharyn L. Decker
Lewis County Sirens news reporter

Centralia Police Chief Bob Berg has concluded it was a violation of department policy when Centralia Municipal Court Security Officer Steve Howard fired upon the 22-year-old Adna man who fled an attempted misdemeanor warrant arrest in December.

In his findings released this afternoon, Berg makes clear it was not reasonable to pursue Phillip Pinotti, or for Howard to unholster his weapon.

Howard said he fired his gun once because he thought Pinotti was trying to run him down with his car.

Centralia Municipal Court

Berg writes that given Howard’s self-described position in relation to the car, it would have impossible for the vehicle to strike him.

Whether Howard keeps his job hasn’t yet been decided, according to the chief.

Berg made his determinations following receiving the  recommendations of an internal shooting review board. The Lewis County prosecutor already found last month that Howard’s actions were legal under the laws of the state of Washington.

The shooting review board concluded: “While Officer Howard’s discharge of his weapon may have been lawful, the board found that it was not an appropriate application of force.”

“Further it was clear that reasonable alternatives to the use of deadly force existed,” the board wrote.

Berg agreed, and wrote the use of deadly force by a police officer is one of the most serious and potentially life-changing events an officer will ever face. That is why departmental policies are much more restrictive than state law, he wrote.

It was the morning of Dec. 16 when the Adna man was being handcuffed at the end of a hearing in Centralia Municipal Court.

Pinotti was there for arraignment on a charge of driving under the influence, and the judge had seen he was wanted on a misdemeanor warrant for failing to appear in Chehalis Municipal Court, in connection with a third-degree theft and ordered he be taken into custody.

Pinotti slipped away from the court security officer and ran to the next block where his car was parked on Maple Street.

The accounts of what happened next come from court documents in which Pinotti was initially charged with first-degree assault – although that charge was subsequently dropped – and also from Lewis County Prosecutor Jonathan Meyer’s analysis of Howard’s actions.

Officer Howard gave repeated commands to Pinotti to stop and surrender. Pinotti got into his car, and locked the door.

The car either lurched forward or it didn’t and Pinotti put the vehicle in reverse and backed down Maple Street at a high rate of speed. Only Officer Howard spoke of the car lurching forward.

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.

Howard didn’t recall doing that; he stated he tried to open the door with his left hand, and as the vehicle began to move, he stepped back and fired, according to Berg.

Chief Berg wrote that based on the physical evidence, such as the trajectory of the bullet and statements from witnesses, it’s quite possible the gun’s discharge was accidental.

“This is not to question the veracity of Officer Howard,” Berg wrote. “Rather it is an acknowledgement that memory is not exact as evidenced by varying accounts of the incident from the perspective of witnesses interviewed.”

Chief Berg went on to describe how an officer striking a vehicle’s window with a gun is dangerous and inappropriate, as well as how trying to open a car door with one hand while holding a firearm in the other is also a questionable tactic.

The shooting review board also recommended to the chief a modification to an existing policy regarding foot pursuits, with which the chief agreed.

Berg wrote: “(W)hile it would seem to be a matter of common sense, there is no language to specifically indicate that officers should consider the seriousness of the predicate offense in deciding whether to initiate or continue a foot pursuit.”

Howard has a limited commission, handling 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.

Current Centralia Police Department policy says whenever an individual is remanded into custody, the court security officer should whenever possible call upon another officer to do that.

Berg indicated he would modify that to expressly prohibit the court security officer from leaving the post to pursue an escapee.

The chief also wrote that Howard’s training for his assigned duties was sufficient, but acknowledged the sessions should be formally documented and made part of the training file.

He also wrote the court security officer ought to be required to complete the same written examination on use of force policies as the regular police officers.

In his summary, Berg noted Pinotti was a known misdemeanor suspect who posed no immediate threat to the officer or the public.

While stating it would have been impossible for the vehicle to strike Howard when it moved, Berg wrote that Howard’s belief, was probably sincere, but was not objectively reasonable.

Berg ended by writing the final disposition of the incident as a personnel matter would be determined after discussion with Officer Howard.

Pinotti wasn’t injured by the bullet that was found on the passenger seat of his car, but his face was cut from glass fragments.

He was found the following day hiding at a friend’s residence in Chehalis, and charged with first-degree assault – for allegedly trying to run down Howard – and with third-degree escape and with tampering with evidence, for having friends hide his car.

Elected Prosecutor Meyer subsequently dropped the first-degree assault charge, concluding there was no intent on the part of Pinotti to injure the officer, he was only trying to get away.

Pinotti pleaded guilty last month to three misdemeanors in connection with the case. He has since also pleaded guilty to two felony drug charges that arose after the shooting.

Read Berg’s findings and determinations here

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For background, read “Charge of assault that prompted officer to shoot, dropped for Adna resident” from Thursday January 8, 2015, here

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – An appeals court reversed an exceptionally long sentence given to a purported Centralia gang member and remanded the case for resentencing within the standard range.

Joshua Rhoades was convicted by a jury of second-degree assault in the spring of 2013 for fight on a Centralia street in which a 17-year-old boy was knocked unconscious. Rhoades, then 32 years old, was given nearly the 10 year maximum, allowed because of a special gang finding by the jury.

Joshua Rhoades at 2013 sentencing hearing.

The opinion issued yesterday states that prosecutors did not provide constitutionally sufficient notice of their intent to seek an exceptional sentence.

The standard sentencing range is 65 to 82 months.

Lewis County Superior Court Judge James Lawler imposed  10 months less than 10 years, and ordered 10 months of supervision by the state Department of Corrections upon Rhoades’ release.

The three-member panel of the Court of Appeals Division II found the language regarding the aggravating circumstance alleged in the charging document was different from that given to the jury in their instructions.

“The Washington and federal constitutions entitle criminal defendants to adequate notice of the nature and cause of the accusation, so that they may prepare a defense,” wrote Judge Thomas R Bjorgen who authored the opinion.

Rhoades and his appeals lawyer contended the court submitted to the jury an aggravating circumstance instruction, that Rhoades committed the crime with the intent to benefit a criminal street gangs, while the circumstance alleged in the information was that Rhoades committed the crime to obtain or maintain membership or advance his position in an identifiable group.

“On its face, then, the substitution of one aggravator for the other resulted in inadequate notice that likely prejudiced the defendant’s ability to prepare a defense,” Bjorgen wrote.

Judges Bradley A. Maxa and Rich Melnick concurred.

Prosecutors said during his trial that Rhoades jumped out of a car, flashing gang signs and asking the teen and his two friends if they knew who he was and if they were  rival “Nortenos”. The teenager Dustin McLean testified Rhoades held a closed knife in his fist as he struck him. Prosecutors told the jury Rhoades was well known to Centralia police, who said he was the leader of the LVL .

LVL stands for Little Valley Locos or Little Valley Lokotes a gang locally made up mostly of individuals who grew up in Centralia when it was particularly active in the summer of 2007. Police say Rhoades goes by the street name Spooker.

In his appeal, Rhoades submitted several additional claims for review which the appeals judges either rejected or declined to review.

The appeals document shows he is housed at Clallam Bay Corrections Center.

Rhoades was represented at trial by Chehalis defense attorney Chris Baum, a former deputy prosecutor. The state’s case was presented by Lewis County Deputy Prosecutor Joely O’Rourke who is now a defense attorney.
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For background, read “Centralia’s “Spooker” gets extra prison time for assault due to gang affiliation from Wednesday July 10, 2013, here