This news story was updated at 8:05 p.m.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The deal between prosecutors and one of the men charged in last summer’s triple homicide near Salkum is that he will plead guilty to two counts of second-degree assault, according to his attorney.
Ryan J. McCarthy
Rick Cordes, the lawyer for 29-year-old Ryan J. McCarthy, said yesterday his client is set to plead guilty at 1 p.m. on Thursday.
Cordes said he didn’t feel comfortable commenting on any details of the plea agreement before the hearing.
McCarthy was charged with murder as well as attempted extortion in connection with the Aug. 21 deaths of David West Sr. 52, his son David West Jr., 16, and a friend Tony E. Williams, 50, of Randle.
McCarthy’s former cell mate, John A. Booth Jr. is scheduled for a November trial in the case; also charged with murder.
Booth, 32, is charged with first degree murder of David Jr. and Williams; second-degree murder of West Sr. and attempted murder of Denise Salts, as well as attempted extortion and unlawful possession of a firearm.
Lewis County Chief Criminal Deputy Prosecutor Brad Meagher said last week he would not discuss the details or what if anything either side offered in exchange.
Meagher did say he Cordes have agreed upon the amount of time they will recommend to the judge that McCarthy serve.
Charging documents in the case don’t offer much detail as to who fired shots that night.
A man who told deputies he saw West Sr. point a shotgun at Booth and tell the two men to leave, said he then heard gunshots though he could not tell who was firing, and he ran into a bathroom and hid, according to charging documents.
The charging documents say Salts told detectives when she heard gunshots, she ran in through the back door, was shot in the face, fell to the floor and heard other gunshots.
McCarthy’s attorney said in September after his client’s arraignment, he didn’t think there was enough to have charged McCarthy, as “mere presence at a crime isn’t enough.”
Second-degree assault is a class B felony with a maximum penalty of 10 years in prison and a $20,000 fine.
Among McCarthy’s seven prior felony convictions are one for residential burglary and two for drugs.
•••
Read background on the case:
• “West Sr. pointed shotgun telling pair of ex-cons to leave his house, triggering triple homicide, unsealed court documents allege” from Saturday Sept. 4, 2010, here
• “Unsealed document: More details on Salkum slayings” from Monday Sept. 6, 2010, here
Tags: By Sharyn L. Decker, news reporter
Just another example of lewis county at it’s best…..what I don’t understand is why this guy Robbie Russell who was behind the whole thing isn’t being charged with anything and seems to get a walk free pass!! Whats with that?
Sentencing guidelines are also based on how many points the accused has. Fortunately I know that he has enough that I believe he will still be sentenced to a large amount of time regardless of the fact that this plea agreement is for 2 lesser charges. Initially I was upset about difference in charges but now I am more concerned with the amount of time in which he will receive .
amen !!!!!!!!!!!!!!!!!
1st Degree Murder: See RCW 9A.32.030. A Class “A” Felony. Punishable by a term in prison of NOT LESS THAN 20 YEARS (for EACH case…), with standard sentences ranging from 240-320 months up to 411-548 months (20 yrs – 26 yrs 8 mo up to 34 yrs 3 mo – 45 yrs 8 mo). This basically means that if you are found guilty of first degree murder, you MUST serve a minimum of 20 years before you are eligible for parole (See RCW 9.94A)
2nd Degree Assault: See RCW 9A.36.021. A Class “B” Felony. There really is no “minimum” here, but the crimes carry a range of 3-9 months up to 5 years 3 months – 7 years.
There is a HUGE difference in the sentences for the different crimes… and by permitting the accused to plead down from Murder 1 to Assault 2 is a gross miscarriage of justice. Thankfully, the judge is not bound by law to accept the plea deal, and can still commit the accused to trial.
If the judge DOES accept a plea deal such as this, then the judge, as well as the prosecutor, need to be removed from office. Justice MUST be served….
well now hang on.. it reads…. they dont wanna divulge anything. read the statuetesn and see what those carry. there is a reason for it.. and I am sure its not because they picnic together somewheres. things are done for a reason. i just wish it was swifter !
From three counts of 1st degree murder to TWO counts of 2nd degree assault? NO NO NO….. If this is true, time to hold a recall on the prosecutor!!!!!
wow r you kidding me the olny reason i c there doing this is maybe hes testifying against the other guy for the prosecution side
I know Washington State is corrupt but this is nuts. Washington State has a 3 strikes on felonies. WHY IS THIS NOT BEING ENFORCED AND WHY ARE THESE ANIMALS BEING ALLOWED BACK ON THE STREETS. Ryan doesn’t deserve a second chance he deserves the death penalty but once again Washington has proven criminals have more rights then law abiding citizens and that law abiding citizens do not need protection from murderers.
I thought we elected a new prosecutor who was going to actually prosecute criminals. I guess we got another chick sh** in that office. I understand the system doesn’t work without plea deals but come on get some B**LS