Lewis County Sirens.com

Sean M. Ferrel listens to lawyers and the judge as he learns he is about to be released from jail.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Both the prosecution and the defense agreed to a sentence even lower than the standard due to ongoing mental health issues for a man who walked into a rural Centralia home with a serrated steak knife in his hand.

Sean M. Ferrel, 43, from Bremerton interrupted a couple at the residence near the far end of Little Hanaford Road, and was held at gunpoint until law enforcement arrived early last summer.

Ferrel made a so-called Alford plea to first-degree burglary, and appeared before a judge yesterday to be sentenced.

The man who was just passing through Lewis County, and now plans to head south to California has been waiting in the Lewis County Jail for more than a year now, and should be released with time served, Lewis County Senior Deputy Prosecutor Will Halstead told the judge.

“I’ve spoken with the victim and the victim is on board,” Halstead said yesterday morning. “He doesn’t want to testify, he has other things going on.”

Halstead asked the judge to order Ferrel to get evaluated for and comply with substance abuse and mental health treatment.

Defense attorney Sam Groberg said his client had been to Western State Hospital three times since his arrest.

“He still has ongoing mental health issues he continues to deal with,” Groberg said.

Lewis County Superior Court Judge James Lawler said what he heard made sense. He agreed to the recommendation, and imposed 384 days.

But Lawler told the defendant he would be on community custody with the state Department of Corrections for 18 months.

“That means you need to check in with DOC at the Lewis County Mall when you get out,” Lawler said.

He put in place a no contact order regarding the victim and explained to Ferrel he now had two strikes against him.

“That mean, if you have a third strike, you’ll go to prison for the rest of your life,” Lawler said.
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For background, read “Stranger with knife walks into rural Centralia home” from Friday June 27, 2014, here

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Lewis County paid a former inmate $300,000 not to sue the county, its jail or any of its employees for mistreatment he suffered while incarcerated.

The then-24-year-old Centralia man was housed at the facility in January of last year, described as a person with mental health issues who was being held in the medical observation area.

Wellington M. Waggener

An entire three-ounce can of pepper spray was discharged into his cell to get him to give back keys he’d grabbed off a guard through the cuff port, and then he was left to suffer for more than five hours without being given any kind of relief – such as water or decontamination.

There was no running water in the cell at the time, having been shut off the day before due to his attempt to flood the cell.

Then-Sheriff Steve Mansfield called the incident disgusting and embarrassing for the sheriff’s office, after he fired the corrections sergeant he held responsible for what happened.

Undersheriff Wes Rethwill today said the settlement was handled not by the sheriff’s office, but by the Lewis County risk manager.

“Obviously this is an incident that took place involving an employee, that employee is no longer here,” Rethwill said. “The sheriff at the time took appropriate action.”

The sheriff’s office operates the jail. Mansfield was replaced by newly elected Sheriff Rob Snaza in January. Rethwill is new to office as well.

Lewis County RIsk Manager Paulette Young said a lawyer representing the county and a lawyer representing the inmate reached an agreement with the help of a mediator.

“We thought that would be the best way to settle the claim without going to a lawsuit,” Young said. “If Mr. Waggener  had sued us, it would be a civil rights violation in federal court.”

The check was written on June 2, and delivered to the former inmate’s attorney, she said.

Wellington M. Waggener was in the jail because he’d been arrested by Centralia police after he returned to a downtown business he’d been barred from, and then allegedly fought with officers who attempted to detain him.

Now 26 years old, Waggener is being held once again at the Lewis County Jail.  The Centralia man was booked on Friday night in connection with an incident a local motel for which he has been charged with a felony.

Then yesterday morning, he allegedly threatened to kill two jail guards.

He was charged today in Lewis County Superior Court with two counts of felony harassment.

The 6-foot 9-inch tall former Centralia College basketball player was handcuffed and shackled at his waist and ankles as many defendants often are.

As his bail hearing came to a close he threw himself over the half wall that separates the public seating area from the front portion of the courtroom.

The four corrections officers already present were on him fairly quickly.

“Oops, I slipped,” Waggener said, as he lay partially on the first bench, with his lower half of his body still on the proper side of the wall.

Trena Krause, who was seated in the courtroom waiting for another matter, heard someone holler, get back, and jumped and walked over the benches to get to the rear of the room.

“The way he was acing, I completely figured he was on drugs, or mental,” Krause said. “I think he was just making an as* out of himself.”

Waggener stayed limp as the guards dragged him off the bench and out of the courtroom, back down to the jail.

Temporary defense attorney Joely O’Rourke had been about to tell the judge Waggener would qualify for a court appointed attorney, when Judge Richard Brosey suggested she inquire about his assets, in particular if he’d received a settlement to the tune of $300,000 from the county.

Centralia attorney Don Blair was appointed already for his other case.

Judge Brosey said the matter could be discussed further tomorrow, at Waggener’s arraignment.

The $300,000 check was paid by Washington County’s Risk Pool, Lewis County’s insurer.

It was made out to the law firm representing him, in trust for Waggener.

Young said today Waggener never filed a lawsuit or a tort claim, regarding his treatment at the jail last year.

The family’s attorney made a public disclosure request for the documents about the incident, she said.

“We knew where that was going,” she said. “We had an attorney, we went to mediation.”

Lawyers on both sides mutually reached out to each other, she said.

The agreement, signed May 22, means Waggener would release all claims against the county and it’s employees, among those named, Jail Chief Kevin Hanson and former Corrections Sgt. Trevor S. Smith.
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For background, read:

• “Sheriff’s Office: Fired corrections officer allowed inmates to suffer” from Friday July 18, 2014, here

• “Centralia man jailed after woman tells of waking up to stranger in her motel room bed” from Tuesday July 14, 2015, here

Corrections officers grab Wellington M. Waggener as he lay on the first bench behind the defendant’s table in Lewis County Superior Court today.

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Waggener remains limp as corrections officers move him out of the public seating area of the courtroom.

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Waggener is dragged out of Lewis County Superior Court Judge Richard Brosey’s courtroom this afternoon.

Wellington M. Waggener is brought before a Lewis County Superior Court judge for a bail hearing.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A 26-year-old who recently earned an associates degree in criminal justice and was arrested over the weekend by Centralia police for rape was not charged with that offense.

Wellington M. Waggener appeared before a judge yesterday where prosecutors asked he be held on $100,000 bail.

Waggener was detained at the Travelodge on Harrison Avenue on Friday night after a 28-year-old woman told police she was sexually assaulted in her room by someone she did not know.

Police on Saturday morning indicated the Centralia woman told them that a black man entered the room and forced sex on her. But charges filed on Monday in Lewis County Superior Court state the woman told an officer she woke up in bed and her clothes had been removed, and a strange male in her bed was touching her body with his hands.

Waggener reportedly followed the woman to the lobby where she went to call 911.

“Apparently he was not acting very rationally,” Centralia Police Department Sgt. Kurt Reichert said.

Lewis County Superior Court Judge Richard Brosey yesterday afternoon noted he was familiar with the Centralia man, and suspected there were other issues that needed to be addressed.

“I know he’s been working with Cascade for some time, and may need to be on some mental health treatment,” Brosey said.

Charging documents offer some of the following details and allegations about what occurred:

Police were called at 10:10 p.m. on Friday for an alleged rape. The male was described as a tall black man with dreadlocks wearing a wife beater shirt.

Officer Buddy Croy arrived and saw Waggener in the lobby, who matched that description and who officers are familiar with. He was holding a cup of coffee and indicated he was leaving in an idling Jeep parked just outside the lobby doors.

“Croy asked Waggener if he was at the hotel with a girl, at which time Waggener started talking in circles and not making sense,” Lewis County Senior Deputy Prosecutor Will Halstead wrote in the affidavit of probable cause.

Waggener talked about random things and at one point said he was just trying to get some sex and was going to pay $40 to get it.

The alleged victim, who is not named in charging documents, spoke with a different officer.

Officer Josh Mercer learned from the woman that she and her boyfriend had gotten into an argument and the boyfriend left the motel room.

She said she went to bed but left the door open so he could get back in when he returned.

She told Officer Mercer she was awakened by someone she thought was her boyfriend, but at some point realized it was not.

The charging papers continue on to state that Waggener left the room and the woman attempted to call police but couldn’t because the phone didn’t work, so she went to the lobby.

Lewis County Deputy Prosecutor Sheila Weirth told the judge yesterday afternoon the high bail was needed given the nature of the charges and Waggener’s previous convictions twice of third-degree assault, felonies, and also for trespass, resisting arrest and disorderly conduct.

Temporary defense attorney Joely O’Rourke suggested $10,000 bail, unsecured was suitable, given Waggener’s strong ties to the community.

“He moved to Centralia three years ago to play basketball for Centralia College, and did very well,” O’Rourke said.

She noted he received his associates degree there and had no warrant history.

Judge Brosey set bail at $25,000.

Waggener is charged with residential burglary with sexual motivation, for allegedly entering the dwelling of the woman. The documents don’t indicate whether she lives at the motel. The crime is a class B felony with a maximum penalty of 10 years in prison and a $20,000 fine.

He is also charged with custodial assault, for allegedly spitting on a corrections officer’s face as he was being served dinner Sunday evening in the jail. That offense carries a maximum penalty of five years in prison and a $10,000 fine.

Waggener is employed, but brings home only about $600 each month, O’Rourke told the judge, asking for a court appointed lawyer to represent him.

Centralia attorney Don Blair was appointed.

Before the short hearing ended, O’Rourke told the judge the defendant wanted her to request he be furloughed from Thursday until Monday, to allow him to go to work.

The judge suggested Waggener could talk with Blair about that.

Waggener’s arraignment is scheduled for Thursday morning.
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For background, read “Sirens: Daily police and fire roundup – POLICE: WOMAN SEXUALLY ASSAULTED AT CENTRALIA MOTEL” from Saturday July 11, 2015, here

State Route 508 near Hyak Road was closed much of the night while troopers investigated a collision, involving a 2002 Land Rover and a van. / Courtesy photo by Washington State Patrol.

Updated at 3:18 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

Two teenagers are dead and a third hospitalized with life-threatening injuries after a head on collision in Onalaska last night.

The wreck just before 10 p.m. occurred on state Route 508 approximately one mile west of the central Lewis County community, and involved a vehicle carrying eight teens and a second vehicle occupied by one man and a woman, according to the Washington State Patrol.

It’s unclear what caused the wreck, according to state patrol spokesperson Trooper Will Finn.

“At this time, the (man) is under arrest for DUI, but if the investigation reveals his driving is the cause of the collision, those charges could be elevated,” Finn wrote in a news release early this morning.

The highway was still shut down at 12:30 a.m. with a detour in place, while troopers investigated at the scene near Hyak Road. It wasn’t reopened until shortly before 5 a.m.

Responders found the 2002 Land Rover Discovery upside on the road and residents from a nearby home pulling people out of the vehicle, according to Lewis County Fire District 1. They had to cut off a door to extricate others, Fire Chief Andrew Martin said.

It was carrying four 13-year-old girls and four 18-year-old boys, most of whom are or have been students at Onalaska, according to authorities.

“My understanding is on Mondays and Wednesdays, a group of our volleyball kids go to Napavine for practice, and they were coming home from that,” Onalaska School District Superintendent Jeff Davis said.

According to Finn, one teenage boy was airlifted to Harborview Medical Center in Seattle, and two other individuals were transported to a local hospital with minor injuries.

However, Martin said the five remaining from the Land Rover were all taken by ambulance to Providence Centralia Hospital.

“They had minor to moderate injuries, but mostly as a precaution,” Martin said.

Thirty-one firefighters, EMTs and paramedics responded, with treatment and transports handled by personnel from Onalaska, Salkum, Napavine, Toledo, Fire District 6 and AMR.

It appears only two of the eight teens were wearing seat belts, according to Finn.

He called it a very tragic situation.

“A lot of them were local kids from a very small community,” Finn said. “They’re going to need a lot of support.”

The 2004 Ford Freestyle minivan also came to rest on the roadway, and its driver was taken to Providence as well, as a precaution, according to the fire chief. His female passenger was not transported by ambulance, Martin said.

Joseph W. Rogerson, 36, from Chehalis, was booked into the Lewis County Jail early this morning for driving under the influence.

The initial investigation shows Rogerson was traveling westbound and the Land Rover was headed east.

“Both vehicles were actually over the centerline when they hit, so it’s not clear,” Finn said of who caused the accident.

“It’s kind of a sticky case, that’s why it’s still under investigation,” he said.

Dead at the scene was the driver of the Land Rover, Arnold W. Mullinax, 18, of Onalaska. Davis said he used to go to Onalaska schools, but transferred to Mossyrock. He had been wearing a seatbelt, according to the state patrol.

Also deceased, is a 13-year-old girl from Onalaska, whose name has not been released.

Flown by helicopter to Harborview Medical Center in Seattle, was Dakota L. Dunivin, 18, from Chehalis. A hospital spokesperson said he was listed in critical condition in the intensive care unit at 12:25 p.m. today.

Fire crews were on the scene about four hours. They were joined by a chaplain to assist with numerous people who began to arrive.

Also from the Land Rover were Chris S. Woods, 18, of Onalaska, who was wearing a seatbelt; Jonathan T. Griffis, 18, of Onalaska, who is listed as uninjured.

The other girls from the Land Rover are un-named by the state patrol, all 13 years old. One from Onalaska was injured, one from Chehalis was injured and another from Onalaska was taken to the hospital for precautionary reasons.

Davis said they opened up a room at the front of Onalaska High School from noon until 4 p.m. today, for students, parents and staff to come, meet, grieve, talk, visit or whatever the need to do.

“Our staff was hit hard with this, because they’ve had these students,” he said.

Update 3:19 p.m.: Dakota L. Dunivin died at 1:08 p.m. today, according to a spokesperson at Harborview.

The 2004 Ford Freestyle minivan. / Courtesy photo by Washington State Patrol

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State Route 508 near Hyak Road. / Courtesy photo by Damion Robbins‎