Lewis County Sirens.com

Wellington M. Waggener looks toward his lawyer and his father at the conclusion of his hearing in Lewis County Superior Court.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Lewis County prosecutors told a judge they dropped a felony charge against a man who was arrested for rape this summer, because of a lack of evidence.

The 6-foot 9-inch tall former Centralia College basketball player was arrested by Centralia police in July, after a 28-year-old local woman told officers a black man entered her motel room and forced sex on her.

Wellington M. Waggener, 26, was detained at the Travelodge and has held been in the Lewis County Jail ever since.

Waggener went before a judge this week, after a plea deal was reached regarding unrelated incidents that occurred while he was locked up.

Lewis County Senior Deputy Prosecutor Will Halstead recommended Waggener be given a 9-month sentence, the bottom of the standard range for the offenses.

Defense attorney Don Blair asked for five months with credit for time served, given his client’s mental issues.

He’s been evaluated and treated at Western State Hospital and was just released from a Portland hospital shortly before the July incident, according to the two lawyers.

“He’s medicated now, but having him sit in custody – I know he doesn’t like to be in custody,” Blair said. “But I don’t think that’s going to have an effect on anything with his mental health.”

While being housed in the medical observation portion of the jail in July, Waggener allegedly spit in a corrections officer’s face as he was being served dinner.

Then two days later, he allegedly threatened to kill two other of the officers, telling one of them that he would kill her if he saw her outside the jail and telling the other he wanted to slit his throat.

He’s the same person Lewis County paid $300,000 not to sue, because he was left to suffer for more than five hours without any kind water or decontamination after a jail guard discharged a can of pepper spray into his cell 18 months earlier, trying to get him to give a set of keys back.

In court on Wednesday morning this week, Waggener made Alford pleas to custodial assault and felony harassment. He contends he doesn’t recall the events.

He admitted no guilt, but agreed with Lewis County Superior Court Judge Nelson Hunt that he would be reasonably likely to be convicted if a jury heard the facts prosecutors would present.

Hunt ordered a sentence of nine months, with credit for time served, saying he didn’t see a compelling reason to go lower.

He also ordered a year of what’s called community custody after release, in which Waggener would be supervised or monitored by the state Department of Corrections.

About $4,000 of fines and fees were imposed, including repayment for a court-appointed lawyer.

Judge Hunt queried Blair about how much of the $300,000 settlement with the county the defendant received and was told it was being held in trust for him.

The judge also ordered Waggener to undergo evaluations for both his mental health and for alcohol and marijuana use, and to follow through any treatment recommended.

While one of the two harassment charged was dropped as part of the plea deal, the sex crime charge was dismissed by prosecutors.

When police booked Waggener in July, it was for second-degree rape.

Prosecutors subsequently filed a different felony charge – residential burglary with sexual motivation – alleging in court documents only that the woman told an officer she woke up in bed and her clothes had been removed, and a strange male in her bed was touching her body with his hands.

Halstead said then it was investigated a little more, and the case lacked evidence.
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For background, read “Court cases stalled for Centralia man while mental evaluation sought” from Saturday July 18, 2015, here

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A pair of suspected burglars fleeing a patrol deputy, hit water on South Market Boulevard in Chehalis, spun out and wrecked earlier today, with one detained and the second one subsequently found hiding in the basement of a home.

The resident was at home 200 block of Washington Avenue,  but not aware a stranger was in his house, according to the Lewis County Sheriff’s Office.

The incident began around 11 a.m. when an individual reported seeing a suspicious man and woman in and around her neighbor’s house on Linda Vista Drive south of Chehalis, according to the sheriff’s office.

The couple left when they realized they’d been spotted but a responding deputy stopped the car on the 2100 block of Jackson Highway, Chief Deputy Stacy Brown indicated.

As a Chehalis police officer arrived for back up, the Honda Accord took off, according to Brown.

Brown said the fleeing Honda nearly struck a Chehalis police vehicle before losing control and striking a concrete pillar in a business parking lot near Second Street.

The two jumped out and began running, she said, with the driver finally being found as law enforcement officers along with Chehalis K-9 Reign conducted a track.

Russell L. Cobb, 44, of Kent, was arrested and faces numerous possible charges including burglary, eluding and unlawful possession of a firearm, according to Brown. Theresa L. St. Clair, 30, of Renton, was arrested for burglary. Both were booked into the Lewis County Jail.

Cobb had two outstanding felony warrants for his arrest, she said.

Brown said numerous items, including credit cards, seen in the car appeared to be stolen.

At the home on  Linda Vista Drive, someone had had stacked up firearms inside the residence in apparent preparation to take them, before getting spooked, according to Brown.

The Honda Accord was stolen in Fife.

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CORRECTION: This news story has been updated to correctly reflect which police dog was tracking the suspect.

A corrections officer prepares to take Nelson R. Berquist back down to the Lewis County Jail, even though the prosecutor recommended release.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A 77-year-old resident of a Centralia retirement home questioned by police about a small baggie of methamphetamine he told them he had in his room, said he puts it in his coffee in the morning.

Nelson R. Berquist was arrested after the confession he gave at Cooks Hill Manor and then booked into the Lewis County Jail.

The Centralia man who lives on social security was brought to court in a wheelchair yesterday, charged with two felonies.

Lewis County Prosecutor Paul Masiello was prepared to allow Berquist to be released pending trial on a $10,000 signature bond, saying he had no real criminal history. Masiello called it sort of an unusual case.

Temporary defense attorney Joely O’Rourke told the judge she’d never before recommended her client stay in custody, but the assisted living facility had informed her that due to state regulations, they would not allow him back.

“I certainly don’t want to turn him out on the street,” O’Rourke said. “But he’s diabetic, he can barely walk and he needs his medications.”

According to charging documents filed yesterday in Lewis County Superior Court, Centralia police were called to the 2000 block of Cooks Hill Road on Monday for a report a resident was delivering meth to other residents.

Detectives spoke to a woman, not identified as to whether she was a resident or an employee, who told them Berquist met her in a common area, gave her the drug and told her to give it to her son.

They interviewed Berquist, told them why they were there and advised him of his Miranda warnings.

“Berquist admitted to giving Fletcher methamphetamine and he had more in his room,” the documents relate.

Police obtained a search warrant and found a small baggie in a wicker basket.

He said he gave half to her and that was the other half, according to the court documents.

Berquist told the detective he puts meth in his morning coffee, a detective who noted the arrestee seemed to be under the influence of the drug.

The senior citizen is charged with one count of delivery, an offense with a maximum penalty of 10 years in prison and one count of possession, which could bring as much as five years of incarceration if he were convicted.

Lewis County Superior Court Judge Nelson Hunt queried the two lawyers yesterday afternoon.

“If he leaves the jail, where does he go?” Hunt asked.

O’Rourke advised the judge she’d also spoken to her client’s son, and her client couldn’t stay there either.

“What about adult protective services? Cascade Mental Health?” Hunt said. “There’s got to be some resource.”

The seeming predicament ended with Hunt reluctantly signing a no-bail hold – meaning a possible second night in lockup – and the lawyers agreeing to make some phone calls together.

Judge Hunt advised them as soon as they found someone to take the defendant, they could come back before him so he could set bail.

O’Rourke said later last night, she’d found there was a social worker – whether from the nursing home or the Department of Social and Health Services, she didn’t know – who planned to hold a debriefing about Berquist today.

Berquist was found to qualify for a court-appointed lawyer and his arraignment was scheduled for a week from tomorrow.

He was released today from the Lewis County Jail, according to its online roster.