Lewis County Sirens.com

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A judge declared a mistrial yesterday in a rape case in Lewis County Superior Court and it’s not clear if prosecutors will attempt to try again.

A 23-year-old Centralia man was charged late this summer for an incident reported in the spring of 2015 that allegedly occurred a year earlier at a rural Centralia home with a young woman with whom he had somewhat of an intimate relationship.

Jordan T. White was charged with second-degree rape, pleaded not guilty and proceeded to trial. He has been free on an unsecured bond.

Defense attorney Shane O’Rourke said they were most of the way through their first day yesterday, when the sheriff’s deputy sitting with the deputy prosecutor dropped his pen onto the table, at a particular point during a recording being played for the jury.

O’Rourke said he wondered if it was intentional or not and began watching the deputy, and saw him bow his head and put it into the palm of his hand, in a way a person could potentially perceive to mean, “I can’t believe what I’m hearing.”

Finally, when the deputy gestured to the alleged victim while she was on the stand testifying, O’Rourke made an objection and the jurors were sent out of the room.

“I wondered, is he encouraging her to cry, trying to console her,” he said. “Unfortunately, the jurors were watching.”

It’s common for the investigating law enforcement officer to sit at the prosecutor’s table during criminal trials. Officers of the court are not allowed to comment on the evidence during trial, even non-verbally.

O’Rourke asked Judge Nelson Hunt for a dismissal, for government misconduct, saying he believed the deputy’s actions tainted the jury.

Judge Hunt concluded the defendant had been prejudiced, citing intentional and problematic behavior, O’Rourke said. He declared a mistrial.

Lewis County Deputy Prosecutor Melissa Bohm declined to comment today if another trial would be held.

Bohm said the attorneys will go before a judge tomorrow, to set a new date for a trial, but she expects the defense will make a motion to dismiss the case entirely.

The case was investigated by the Lewis County Sheriff’s Office, beginning in April 2015. The alleged victim, 19 years old at the time, said she didn’t report it when it happened out of fear, embarrassment and uncertainty about what would happen, according to charging documents.

She told the deputy she and her friends were drinking Fireball, she was heavily intoxicated and realized the next morning she had been anally penetrated, according to the allegations. White told the deputy the two had a history of fooling around, with oral sex, and on the night in question, what they did was her idea, because she wanted to remain a virgin, the documents state.

A brief hearing is scheduled for tomorrow afternoon in Lewis County Superior Court.

David Serrano Mosso

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Law enforcement is looking for a 20-year-old Centralia resident, suspected to have shot an acquaintance yesterday at the northwest edge of Centralia.

Authorities say David Serrano Mosso was a passenger in a white sport utility vehicle that pulled up near an apartment complex at the 3100 block of Ives Road, off Harrison Avenue.

Serrano Mosso called out to the 19-year-old male victim, and when he approached, Serrano Mosso fired one round from a handgun, grazing the victim’s leg, according to the Lewis County Sheriff’s Office

Deputies dispatched at 2:42 p.m. learned the 19-year-old Centralia man drove himself to the hospital, Chief Deputy Dusty Breen said.

“The victim and the suspect are acquaintances and have only known each other for a few months,” Breen stated in a news release.

The vehicle and its driver were located last night, but Serrano Mosso remains at large, according to Breen.

The victim had done some automotive work in the past for Serrano Mosso, according to Breen.

Anyone having information on the whereabouts of Serrano Mosso is asked to contact the Lewis County Sheriff’s Office at (360) 748-9286, or Lewis County Communications at (360) 740-1105.

A Centralia resident with the same name and also 20 years old was recently convicted in a case in which a 37-year-old Centralia man was beaten inside his car in the parking lot at Providence Centralia Hospital this summer. David Serrano Mosso was initially charged in Lewis County Superior Court with first-degree assault but made an Alford plea to second-degree assault and was sentenced the end of September to time served.

He had no criminal convictions prior to that, according to prosecutors.

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For background, read “News brief: Centralia man shot by individual in vehicle, which then flees” from Tuesday November 29, 2016, here

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The final count in the only contested race for Lewis County Superior Court judge indicates overwhelming support for local lawyer Joely O’Rourke.

O’Rourke won 72 percent of the votes while her opponent gathered only 28 percent. The numbers are rounded to whole votes, though officially include two decimal places to the right of a single vote.

The Nov. 8 vote-by-mail general election in Lewis County is certified today. Turnout was almost 78 percent.

Joely O’Rourke

While the Chehalis woman will be the first female superior court judge in county history, it’s not something she gave a lot of thought to during the campaign, she said.

“I really wanted to be elected solely on my qualifications,” O’Rourke said. “It’s definitely an honor, for sure.”

The graduate of the University of Washington and Gonzaga University Law School began her professional career as a special agent with the Naval Criminal Investigative Service.

In 2009, she started working as a deputy prosecutor in the criminal division at the Lewis County Prosecutor’s Office.

For the past two years, O’Rourke has been in private practice, representing defendants at their first appearance on criminal charges in both Lewis County District Court and Lewis County Superior Court.

She will be sworn in and take the bench on Jan. 9. She will replace Judge Richard Brosey who is retiring after more than 18 years in the position.

Twenty-thousand-seven-hundred-seventy-one voters marked their ballots for O’Rourke, compared with 8,258 who supported rural Chehalis attorney Katherine Gulmert.

In a year that saw more than $51 million in candidate contributions across Washington state, O’Rourke’s campaign raised more than $26,000 and Gulmert’s raised none, according to figures available from the Washington State Public Disclosure Commission.

Gulmert, a former deputy prosecutor who now has a private practice in Chehalis, posted an open letter to her supporters and the community on her campaign website shortly after election day. With less than half the votes counted at that point, Gulmert’s showing was just 30 percent.

She congratulated O’Rourke on her victory.

“It was a well-run and dignified campaign and I hope that she continues to serve Lewis County for many years to come,” Gulmert stated. “I expect that when I appear before her I will see what so many local attorneys and judges already know, that she is fair, unbiased and prepared in every area of the law.”

Adna resident Andrew Toynbee will also be sworn in in January, taking the seat of Judge Nelson Hunt who is retiring too. Toynbee is leaving the Thurston County Prosecutor’s Office to return to Lewis County, where he spent 13 years in the Lewis County Prosecutor’s Office.

He ran unopposed and earned 22,654 votes.

The third Lewis County Superior Court judge, James Lawler, was also unchallenged for another four-year term. Lawler was first elected in 2007. He got 23,662 votes.

Lewis County voters submitted 35,786 ballots in this presidential election year. Republican president-elect Donald Trump secured 21,992 votes (64 percent) while the Democratic nominee Hillary Clinton got 9,654 (28 percent).

There are 46,094 registered voters in the county, with a population of  roughly 75,000.

The Lewis County Board of Commissioners saw two contested races, with incumbent Edna Fund beating challenger Dan Keahey, 53 percent to 47 percent. Both are Republicans.

Commissioner Bill Schulte is stepping down and will be replaced by Republican Bobby Jackson who won with 56 percent over Independent Bob Bozarth who took 44 percent of the votes.

Lewis County Fire District 3 in Mossyrock saw 63 percent support for its proposal to fund construction of a new fire station with as much as $1.4 million in bonds.

The Napavine-based Lewis County Fire District 5 failed to get at least 60 percent support for an emergency medical services levy. A majority of voters said yes (56 percent), but it wasn’t enough to pass.

See all the final results for Lewis County here
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For background, read:

• “A second Chehalis attorney hoping for outgoing Lewis County judge’s seat” from Tuesday July 26, 2016, here

• “Judge Brosey eyes retirement, Chehalis lawyer to seek election to the court” from Wednesday March 30, 2016, here