Lewis County Sirens.com

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Washington State Supreme Court issued an opinion yesterday disqualifying a local judge from presiding over a resentencing that has twice been ordered in a drive-by shooting committed by a former Centralia High School student at age 16.

Guadalupe Solis-Diaz Jr. is serving a nearly 93 year sentence imposed by Lewis County Superior Court Judge Nelson Hunt.

Guadalupe Solis-Diaz Jr.

In 2012, the Washington State Court of Appeals ordered the local court to conduct a new hearing, referencing various matters that it believed should have been handled more thoroughly, given the defendant was a juvenile. In 2014, Judge Hunt held the hearing, criticizing the appeals court decision calling some of their conclusions insulting and ludicrous.

He sentenced Solis-Diaz for the second time to 1,111 months in prison.

The case grew out of an incident in the summer of 2007.

Solis-Diaz Jr. was arrested after gunfire was sprayed along the east side of South Tower Avenue in Centralia, missing six bar patrons. Witnesses testified it was gang-related. Solis-Diaz maintained he was innocent.

Judge Nelson Hunt

He was tried as an adult and convicted of multiple offenses, including one count of first-degree assault committed with a firearm for each bullet that was fired.

The six assault counts were ordered to be served consecutively and each carried a mandatory extra five years because they were committed with a firearm.

Judge Hunt was asked to consider an exceptional sentence downward, but Hunt maintained several reasons why he should not do that.

This past spring, a different three-member panel of the appeals court stated the sentencing court must conduct a meaningful, individualized inquiry into whether Solis-Diaz’s youth should mitigate his sentence. That hearing has yet to be held.

However, they declined to disqualify the sentencing judge and Solis-Diaz went to the Supreme Court about that.

In its opinion issued yesterday the state Supreme Court stated the law requires more than an impartial judge, it requires the judge to also appear to be impartial.

Hunt would be asked to exercise discretion of the propriety of a sentence he has already imposed and, “the record reflects that he not only has strong opinions on sentencing generally and juvenile sentencing in particular, but also suggests he has already reached a firm conclusion about the propriety of a mitigated sentence in this case and may not be amenable to considering mitigating evidence with an open mind,” the court wrote.

Judge Hunt retired last Friday after 12 years on the bench.

The opinion was issued by the court as a whole without a named author.
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For background, read “Former Centralia high school student wins a second appeal of virtual life sentence” from Tuesday May 17, 2016, here

Read the Washington State Supreme Court decision here

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A woman arrested in mid-November for her alleged role in a rural Chehalis home invasion robbery that followed her visit by invitation through a contact on Backpage.com was released from jail with just a misdemeanor conviction.

Toyleasha J. Greene, 26, was initially charged in Lewis County Superior Court as an accomplice with first-degree robbery, first-degree assault, first-degree burglary and also with first-degree kidnapping as were two men she’d gotten a ride with to Lewis County. The 53-year-old victim was attacked, tied up and pistol whipped by two males, according to authorities.

It happened on April 29 at a home on Logan Hill Road and when he was able to get himself untied, the victim discovered his television and other valuables missing. Two Pierce County men were arrested, charged, pleaded guilty and then sentenced to prison terms this summer.

Lewis County Deputy Prosecutor Paul Masiello said he decided to enter into an agreement with Greene in which she would plead guilty to third-degree theft. Greene admitted stealing the victim’s laptop computer, in an attempt to prevent him and authorities from identifying and finding her, he said.

“Because that’s really what the evidence supported,” Masiello said. “The victim said yeah, that’s what she did, she didn’t involve herself more than that.”

Masiello said Greene did go to the home to meet up with the man, but it seems the plan for robbery was hatched after she went inside.

One of the men told her to leave the door unlocked, but she didn’t, he said. “That’s why they came in through the window,” Masiello said.

Greene was sentenced last Thursday to 364 days in jail with all but 56 days suspended and then released from jail with credit for those days, according to Masiello. She will be on probation for two years.

Samath L. Hem, 23, of Tacoma, who told detectives he drove the three of them to Lewis County in his grandmother’s rented red Charger, was sentenced in August to just over 12 years in prison.

Natrone D. Bostick, 19, of Lakewood, was given a 15-year  sentence in June. The pair were arrested a few days after the robbery for shoplifting at Home Depot in Chehalis and items belonging to the home invasion victim were found in their car.
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For background, read “Second defendant pleads guilty in Chehalis Backpage.com related robbery” from Wednesday August 3, 2016, here

Judge-elect Joely O’Rourke introduces her family as she prepares to take oath for new position.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Joely O’Rourke was surrounded with supporters who witnessed the formalities of her transition from attorney to Lewis County Superior Court judge.

The gathering yesterday on the fourth floor of the Lewis County Law and Justice Center was presided over by Judge James Lawler, while newly retired Judge Richard Brosey administered the oath of office.

Retired Lewis County District Court Judge Michael Roewe offered his endorsement of the lawyer he first came to know as a deputy prosecutor in his courtroom in 2009.

Roewe spoke of mentoring O’Rourke, among as many as 60 young new lawyers he came across during his 24 years on the bench.

“Joely immediately stood out in that context,” Roewe said. “She constantly sought feedback to improve her performance.”

The qualities she demonstrated caused him to encourage her to consider running to replace him, but she declined, he said.

O’Rourke won her place in history as the first female superior court judge in the county, in a contested race in November with more than 70 percent of the vote. The term is four years.

The Chehalis resident is married to Centralia-based attorney Shane O’Rourke, who helped her don the black robe after she was sworn in.

Monday’s proceedings were attended by all the Lewis County judicial officials, including Lewis County Superior Court Judge Andrew Toynbee who was sworn in last week.

When Judge O’Rourke faced the audience, she thanked her parents, her husband, her son, colleagues and others who helped in her journey to the bench.

“I sit before you today, humbled and honored by your faith in me,” she said.

O’Rourke singled out her 11-year-old son Brock who was a trooper, she said, spending his summer walking in parades and knocking on doors as she campaigned.

She thanked Roewe and the other judges who have guided her.

“The three judges and Commissioner Mitchell, each of you encouraged me,” she said. “I also want to thank you for setting the bar so high, I will spend every day the rest of my career feeling challenged.”
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For background, read “Judge-elect O’Rourke secures her place in Lewis County history” from Tuesday November 29, 2016, here

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Now-retired Judge Richard Brosey administers the oath of office to Joely O’Rourke, with her husband Shane O’Rourke.