Lewis County Sirens.com

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.

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

Tags: By Sharyn L. Decker, news reporter

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