By Sharyn L. Decker
Lewis County Sirens news reporter
One of the two men convicted in connection with the events at a Salkum-Onalaska area home in which three people were fatally shot in August 2010 has lost his appeal regarding his responsibility to pay funeral and burial expenses for two of the victims.
Ryan J. McCarthy
Ryan J. McCarthy, 28, Redmond, and John A. Booth, 31, of Onalaska, were both charged with first-degree murder and extortion shortly after the slayings of David West Sr. 52, his son David West Jr., 16, and a friend Tony E. Williams, 50, of Randle. Denise Salts, then 51, who also lived at the house on Wings Way, survived a gunshot wound to her face.
Authorities contended the visit by the two former cell mates to the residence was related to some kind of debt collection and that gun fire erupted when West Sr. brought out a shotgun and told them to get out of his house.
Booth was convicted by a jury two years ago of murder, attempted murder, attempted extortion and being a felon in possession of a firearm. He is serving a life sentence.
McCarthy was sentenced to 14 years in prison after getting a deal in which he pleaded guilty under doctrines such that he pleaded to crimes he did not commit to escape consequences of more serious charges, and agreed if a jury heard and believed the state’s evidence, he would likely be convicted.
McCarthy appealed the order by Lewis County Superior Court that he pay as part of his restitution the expenses for West Jr. and Williams who were shot by Booth, according to the opinion issued last week by the Washington State Court of Appeals, Division II.
He pleaded to first-degree robbery, first-degree burglary and attempted extortion in connection only with West Sr., according to the opinion. His murder charges were dismissed.
At his restitution hearing, both prosecutors and the defense argued to the trial judge he must find a causal connection, but the judge disagreed, according to the opinion. And two of the three appeals judges sided with the trial court judge.
The amounts in question were $5,750 for West. Jr. and $819.25 for Williams.
Judges George Fearing and Joel Penoyer stated that since the state paid benefits for West Jr. and Williams, finding they were entitled, it must have concluded McCarthy’s burglary, robbery and extortion were a proximate cause of their deaths.
In her dissent, Judge Jill M. Johanson pointed out the payments were distributed less than a month after the original charges were filed and long before McCarthy’s role was presented.
Johnason agreed with McCarthy that the Lewis County Superior Court erred as it improperly imposed restitution without making a finding his acts were related to the expenses incurred.
At his sentencing, prosecutors told the judge Booth fired the shots and “Mr. McCarthy was there.” His lawyer told the judge his client passed a a lie detector test that confirmed his story in which he ran outside before Booth fired any shots.
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For background, read “Court hearing reveals more details about Salkum triple slaying” from Saturday Oct. 1, 2011, here
Tags: By Sharyn L. Decker, news reporter
Once again, I have that smile on my face…. @ Extenuating Circumstances…. to be honest I haven’t seen that you have an opinion about this case other than to verbally abuse me… but then that’s ok, most tweekers don’t like me… and I put you right in the same group as the meth addicts in lewis county… you can use your big words and attack me all you want… its ok, maybe it will make up for some of the things your father did to you… most likely it wont, but then again I really don’t care how you feel… If you actually had an opinion about this case I would love to hear it… because me and my friends are sitting here laughing at you as I type.. and to be honest I always love a good joke… which you have become… come back again when you actually have that opinion about this case, or whenever you want to give me and my friends something to laugh about… and thanks again…
FREE BIG SIX
Justbecauseican really comes across as someone who suffers from some serious, perhaps, poly substance abuse fueled schizophrenia.
At least my opinion holds enough influence over them that they took the time to, at least, try and make an attempt for once, at a post that doesn’t reveal them to be the marginal, uneducated, frequently incarcerated recidivist that they, in all probability are.
“Im saying that if he was so loved, why was he left in that situation…”
I emphatically agree!!
Once again this site has put a big smile on my face… I love it when a semi-educated tweeker gets on here with their high and mighty views and ends up looking so stupid… lol… @Extenuating Circumstances …. look at you with all those great ideas.. internet access in the prison system… wouldn’t that be something… I hope its your tax dollars paying for that.. and then you have the nerve to complain about people on here and their spelling and grammar.. and then you decide not to proof read your post… take another hit stupid…. maybe on your next outburst you can at least have something to say about the case in question, instead of hanging yourself with your own comments.. ” It seems that when ever a story come up about the parties” I could be wrong about your grammar here, it could be your ebonics coming out… lol… @ meh… I agree the system is screwed for children.. but why was the young man left in that home when everybody in that loving family, and that is laced with sarcasm, knew his dad was selling quantities of drugs out of the home.. Im not saying for a second I agree with him being shot by who ever actually shot him… Im saying that if he was so loved, why was he left in that situation…
Do they have internet access at Walla Walla? What about at Cedar Creek? It seems that when ever a story come up about the parties involved in this slaying someone going by the name justbecauseican chimes in displaying evidence of their limited grasp of grammar and spelling skills. My hunch is it’s someone who’s name is linked either directly or indirectly with this case, and is now incarcerated at one of the above institutions.
I do find it humorous that without exception people posting on here with what they believe to be mitigating factors about some miscreant they know have posts rife with atrocious spelling.
@JustbecauseIcan – check the local news – complaining about bad parents doesn’t do anything in this day and age… for that matter, check out complaints against Wa. State DSHS & CPS, and then see how many kids have died while under observation (or whatever they call it). Most of the cases I get mad at, but I truly feel bad for that lady that dropped off the two kids and the dad killed them & burned the house down….
People are going to do bad and stupid things, and that can’t be legislated. Complaints and laws don’t do anything except hurt the law-abiders.
Anyways, complaining doesn’t do any good. You can’t take the kids out. Perhaps the best thing to do is to get stoned at a “friends'” house, video it, then submit it for child abuse when the kid mimics the adults, then the so-called friend gets as much jail as one that rapes and kills children…
… something is wrong with this system, for sure!
Mr. Maccarthy is my father he wasent part of it he doesent do drug’s anymore and he dident kill anyone it was he’s friend soo ya…
to be honest, I dont know McCarty, and I could really care less if he pays for the dead drug dealers or not… the family got rich for their lies, are you telling me they smoked up all that money and couldnt afford to bury their kin even though they provided all that blood money… they should make a movie about all the drama you people are putting on here….
you have no idea how much fun it is to get you meth heads so riled up… they say that 65 % of the cars pulled over for traffic stops in lewis county have meth in them regardless of their age… so @ sunshine old lady, I bet you just loved hearing that 3 and a half million was awarded to your relatives for being such upstanding drug dealers… I wont come right out and call you a bitch, but you can believe Im thinking it… only in lewis county can the drug dealers get free passes to stay out of jail with a nice bank account… if you people cared so much about the young man who was killed, where were you when he was living in that drug house with the rest of the tweekers… you all wanna cry about the “dead boy” but nobody cared enough about him to turn in his dad for an unfit father… your a bunch of fu#$%ng hypocrites… you want to bitch about a killer, but you want people killed… typical tweekers…
Justbecause Ican, I do not smoke anything. I am a 62 year old Grandmother that works 45 hours a week taking care of others. I pay my taxes and I vote. I have as much right to my opinion as you do. It sounds like you are the one familiar with the prison system and one more thing it sounds to me that YOU are the only BITCH on this forum. Merry Christmas to the rest of you Folks !
@JustbecauseIcan oh, so that’s why they were left behind Denny’s in a bagie…. I couldn’t figure that one out … thanks for ‘splainen.
You have to wonder what the persecutor was thinking to argue against restitution. When someone pleads guilty to a crime that might involve restitution, including in an Alford Plea, the need to make a causal connection between his actions and the costs restitution repays goes out the window. There are numerous cases on this in both the court of appeal and the state Supreme Court.
Also, under an Alford Plea, McCarthy did not plead guilty to “crimes he did not commit to escape consequences of more serious charges.” While I am not an attorney, nor do I play one on tv, my understanding is he plead guilty while not admitting he committed the crimes because he “agreed if a jury heard and believed the state’s evidence, he would likely be convicted. The difference between an Alford Plea and a regular guilty plea allows him more appeals rights later on.
Finally, the article hints the plea may have been extorted out of McCarthy. “(H)e pleaded to crimes he did not commit to escape consequences of more serious charges.” It is one thing to enter a plea to a lessor charge than what is already charged, but cases have been known where persecutors have increased the charges after a defendant has declined to enter a guilty plea. A current case in Los Angeles comes to mind, but it has happened in Lewis County many times, including Ron Brady.
Wow, I guess “JUST BECAUSE I CAN” likes people that kill kids. And you call others a freak. Must not pay taxes either or you would be furious the way hard earned tax dollars were spent. So I guess that if anyone doesn’t feel sorry for Mr.McCarthy then they are a meth head too. WHATEVER
well sounds like you meth heads are all for killing people.. just reading these comments shows me that you freaks are no better than the people you are bitching about… maybe you bi#$%es need a little time in prison too… judge not says the Lord… but there is no bibles left in Lewis county… you freaks probably smoked them….
I agree with Ericka wholeheartedly , sorry if this sounds harsh but that is how I feel. To go into a man’s home and kill him and his child, and I do not care who these people were is the worst thing a human can do. Do not judge lest ye and all that crap, This man should have been given the death sentence , it is what he deserves and I also agree with Bobby , in that he is only doing this because he can. He should have NO more rights and I am not judging him , that was already done by a jury of his peers . He should be heard from Never again. He certainly should not be getting Any media attention. He is the true face of evil. He should be ignored and reviled.
He would never pay it anyways. He’s just wasting tax payers dollars with his bullshit appeals attempts just like Booth does just because they can and it gets them out of their cell on someone elses dime and time. What a puke I hope someone takes care of this P.O.S in prison, and maybe someone can sue them to pay to put that loser 6 feet under.
Really? we are arguing about reimbursing the costs of funerals? It should be a no-brainer but what the heck…everything gets appealed. Statistically only about 2% of victims ever get the court ordered restitution anyways. You cannot punish people if they cannot afford to pay..only if they have the money and refuse to pay. This guy will be a guest of the state for the next 14 years. What he is paid making license plates will not cover the funeral costs.