Posts Tagged ‘By Sharyn L. Decker’

Mineral resident sentenced to three years for baby’s injuries

Monday, December 22nd, 2014
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Llacye Faye Link, right, and her friend wipe away tears as the court hearing comes to a close.

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Lewis County Superior Court Judge James Lawler gave 23-year-old Kyle J. Davison three years in prison for the events more than a year ago involving his former girlfriend’s 4-month-old baby girl, a child who is severely brain damaged.

Davison made a so-called Alford plea last month to third-degree assault of a child, in the case that was at first charged straightforwardly as a “shaken baby” case.

The two lawyers agree he acted negligently when the little girl began choking while in his care, but doctors offered conflicting medical opinions, Judge Lawler told the courtroom on Friday afternoon.

“It’s that uncertainty that led to the charges being changed to assault third,” Lawler said. “There’s just no definitive answer.”

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Kyle J. Davison

Davison and the baby’s mother, Llacye Faye Link, told police he was watching her when she began choking and stopped breathing and he tried to revive the infant – by patting her back, and then he got scared and shook her – before carrying her to a neighboring apartment to get help.

It happened in Morton in October of last year. Davison is from Mineral.

Lewis County Senior Deputy Prosecutor Will Halstead recommended to the judge that Davison be sentenced to five years, the longest amount possible, given the conviction. Defense attorney Sam Groberg asked he be sentenced to time served, which is already more a year.

Azlynne Faye Link, now 18 months old, has been home since August with her mother in Morton.

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Azlynne Faye Link

“I think the important thing the court needs to know is the injuries are lifelong,” Halstead said. “The prognosis is not good.”

The baby’s paternal grandmother spoke to the court, saying her granddaughter couldn’t speak for herself.

“She will have a lifetime of misery,” Ruth Crear told the judge. “Please do not let this go unpunished.”

Llacye Faye Link addressed the court as well, asking Lawler to release Davison.

Groberg told the judge his medical expert found after examining all the child’s medical records that before the incident, some of the hallmarks of shaken baby syndrome were present.

“What’s important is Mr. Davison didn’t do an act to harm the child, he was trying to help the child,” Groberg said. “And maybe he didn’t do it right.”

As part of the plea deal, the two sides stipulated the baby was more seriously injured than what would normally accompany a third-degree assault.

Groberg read a lengthy statement from his client, that paralleled what the defendant told police.

“I love Azlynne and Llacye with all my heart and would do nothing to hurt either of them,” Groberg read. “If I could change what happened, trust me, I would.”

Lawler signed an order prohibiting Davison from any contact with the child for five years.

“As Mr. Groberg argues, there’s no evidence of anger, there’s no evidence of malice here,” Lawler said. “Those are the reasons I’m not going to the top of the range.”
•••

For background, read “Morton “shaken baby” case resolved with plea deal” from Sunday November 23, 2014, here

Sharyn’s Sirens: Daily police and fire roundup

Monday, December 22nd, 2014

BREAK-IN CHEHALIS

•  The Lewis County Sheriff’s Office reports this morning a Chehalis area home was broken into and two firearms along with other valuables stolen sometime between 7:30 a.m. and 11:30 p.m. on Friday. The residents on the 400 block of Coal Creek Road told a deputy they returned home to find their back door kicked in, according to the sheriff’s office. Among the missing items were a Ruger 9 mm and a 45 caliber handgun with ammunition as well as a computer, games and black lock box containing vehicle title, savings bond, bank documents and wedding pictures, Chief Civil Deputy Stacy Brown said. Some of the contents of the box were discovered on Sunday in a trash can at Fort Borst Park in Centralia, according to Brown. The loss is more than $2,000, she said.

GRINCH IN WINLOCK

• The Lewis County Sheriff’s Office reports this morning that someone stole a tote packed with Christmas decor from an unlocked shed on the 100 block of Coma Road outside of Winlock sometime between Thursday and Friday. The loss is estimated at $50, according to the sheriff’s office.

FRAUD

• Morton police took a report from a resident on the 800 block of Overlook Drive regarding purchases of $358 made on her stolen debit card last week. The victim said it occurred sometime since Nov. 26, according to the Morton Police Department. The case remains under investigation, according to police.

BURNING VEHICLE RUNS INTO HOUSE

• Firefighters were called to a car fire early this morning in which the burning vehicle rolled up against the home. Responders to the approximately 6:40 a.m. incident at the 3800 block of Jackson Highway found a male using a garden hose and finished extinguishing the fire, according to Lewis County District 5. Nobody was injured and the damage to the residence was minimal, according to Chief Gregg Peterson.

INTO THE DRINK

• A driver who didn’t realize a water-filled ditch was not a solid shoulder at Little Hanaford and Halliday roads was uninjured when his sport utility vehicle ended up partially submerged yesterday evening, according to the Centralia Police Department.

AND MORE

• And as usual, other incidents such as arrests for warrants, shoplifting, misdemeanor assault, protection order violation, driving under the influence, driving with suspended license; responses for alarms, dispute, disorderly person, suspicious circumstances, collision on city street … and more.

CORRECTION: This has updated to reflect the correct location of the burglary on Coal Creek Road.

Sharyn’s Sirens: Daily police and fire roundup

Sunday, December 21st, 2014

INTRUDER USES BATHROOM SHOWER

• Centralia police were called about 11:15 a.m. on Friday by a resident who reported finding a strange woman in his bathroom when he returned home at the 1200 block of West Chestnut Street. The female, in her 20s and wearing a brown dress, left and was last seen walking westbound, according to the Centralia Police Department. It was apparent she had used items in the house while he was gone, police reported. “It sounds like someone needed a shower,” Sgt. Kurt Reichert said.

VEHICLE VERSUS PEDESTRIAN

• Firefighters were called about 1 p.m. on Friday to the corner of Northwest Prindle Street and Pacific Avenue where a pedestrian was struck by a car. “She spidered the windshield with her head,” Chehalis Fire Department Firefighter Casey Beck said. “She just wasn’t thinking and ran out across the street. She seemed to be fine though.”

THEFT

• Police were called to a second-hand business on the 100 block of North Tower Avenue on Friday where the owner reported several thousands of dollars worth of merchandise as being stolen over the past several years. There is no suspect information, according to the Centralia Police Department. Further details were unavailable.

• Centralia police took a report on Friday of the theft of money by a caregiver on Wayne Drive in Centralia. The The case is under investigation, according to the Centralia Police Department.

DRUGS

• A 25-year-old Chehalis woman was arrested for an outstanding warrant and possession of methamphetamine after contact with an officer on the 1200 block of Mellen Street in Centralia about 9:30 a.m. yesterday. Jennie B. Young was booked into the Lewis County Jail,  according to the Centralia Police Department.

• A 46-year-old Centralia woman was was arrested for a warrant and possession of methamphetamine after contact with an officer on the 1000 block of Cherry Street in Centralia about 2:20 a.m. yesterday. Terry R. Strong was booked into the Lewis County Jail, according to the Centralia Police Department.

DOMESTIC DISPUTE

• A 31-year-old woman was arrested overnight for allegedly assaulting her boyfriend and throwing a brick through a window of his house during a dispute. Officers responding about 1:20 a.m. to the 700 block of Euclid Way booked Natalia L. N. Velazquez  into the Lewis County Jail for fourth-degree assault and third-degree malicious mischief, according to the Centralia Police Department.

AND MORE

• And as usual, other incidents such as arrests for warrants, attempt to elude, possession of marijuana, driving under the influence, driving with suspended license; responses for possible fraud, misdemeanor theft … and more.

Bail set at $50,000 for Adna man arrested after getaway from court officer

Friday, December 19th, 2014
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Phillip A. Pinotti sits at the defendant’s table during his bail hearing in Lewis County Superior Court.

Updated

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Twenty-two-year-old Phillip A. Pinotti was brought before a Lewis County Superior Court judge yesterday, facing three serious charges following his flight from a misdemeanor warrant arrest – and a gunshot – earlier this week in Centralia.

The left side of the Adna resident’s face was speckled with red marks, presumably from the shattered glass of his car window when a court security officer fired at him outside the Chronicle building, on West Maple Street.

A bullet was found on the front passenger seat of his blue Subaru; there was a cut in the fabric of the headliner inside the car, similar to a bullet entry point, according to court papers.

Pinotti was charged yesterday with first-degree assault, third-degree escape and tampering with evidence. He allegedly tried to run down the court security officer with his car following a short foot pursuit out of court, that ensued as he was being taken into custody, and then had friends hide his car in his own garage.

Lewis County Prosecutor Jonathan Meyer asked a judge yesterday afternoon to hold Pinotti in jail pending trial on $200,000 bail.

Meyer noted the defendant has shown the steps he’s willing to take to avoid coming to court.

Defense attorney Joely O’Rourke told the judge she understood he would have some concerns, but that Pinotti has lived in Lewis County since he was 14 years old and has “absolutely no felony history”.

Judge Richard Brosey set bail at $50,000.

Pinotti had gone to Centralia Municipal Court on Tuesday morning on a charge of driving under the influence. While there, the judge discovered he had a warrant from Chehalis Municipal Court and ordered him taken into custody. That’s when he bolted and managed to evade police for almost 24 hours.

According to charging documents, when he was located yesterday morning at a friend’s home on Bishop Road in Chehalis, he exited the room with his hands visible, and provided Lewis County Sheriff’s Office detective Dan Riordan a handwritten note indicating he was sorry for the incident.

He reportedly admitted to running from the officer saying he wanted to avoid going into custody because he wanted to see his girlfriend.

Charging documents offer details about how he got away and about how he allegedly attempted to assault the court security officer using his vehicle as a weapon.

According to the allegations:

After Pinotti broke free and fled the building, Centralia Municipal Court Officer Steve Howard gave chase, across Pearl Street, west to the next block.

Pinotti’s Subaru was parked on the south side of Maple Street, next to the sidewalk outside the Chronicle, behind another car.

“As Pinotti got into his car, and the officer took position near the front driver side of the vehicle. The officer had his weapon drawn and gave Pinotti direct orders to stop. The defendant entered the vehicle.

“According to the officer, the vehicle lunged forward, and, at that time, the officer discharged his firearm.”

Pinotti placed his car in reverse, drove backwards at a high rate of speed, and fled the area.

Four of Pinotti’s friends also went before a judge yesterday afternoon, accused of helping him hide.

Eighteen-year-old Miguel V. Martinez and 22-year-old Kayla Burleson rode together with Pinotti that morning to go to court, as they all had hearings, but Burleson was sick, so she and Martinez were outside and may have witnessed the escape, according to court papers. Prosecutors indicate they met up with him in the area and then took the car, drove it to Pinotti’s in Adna and parked it in his garage.

The two, who live in Centralia, were each charged today with first-degree rendering criminal assistance and tampering with evidence.

Prosecutor Meyer asked Judge Brosey to hold Burleson on $50,000 bail, but he set it at $10,000.

“Now that I see what’s actually charged, I think that’s appropriate,” Brosey said.

Martinez’s bail was set at $50,000, the same as his bail in an ongoing case of his, because he failed to show up to a drug treatment facility in Vancouver, as ordered.

Burleson reportedly told police that when she found Pinotti, he was slumped over in the driver’s side of his car holding a towel to his face. Martinez said that was at the “penny candy” store. She told deputies he grabbed a backpack and another bag, saying he didn’t want to leave his drugs in the car, court papers state.

Detective Riordan was given information by an un-named person or persons who said Pinotti was picked up from Martinez’s home in Centralia and driven to the LaBree Road area outside Chehalis, hiding under a blanket on the floorboard of the vehicle, according to the documents.

It was just before 9 a.m. on Wednesday when Riordan knocked on the door at the 1600 block of Bishop Road and asked Jaelynn N. Pluard, 22, and her boyfriend, Krystofer M. Yates,19, where Pinotti was.

Pinotti gave himself up.

Pluard and Yates were each charged yesterday with first-degree rendering criminal assistance, and are going to be represented by private attorneys.

Meyer asked they be held on $50,000 bail, but the judge set it at a more modest $5,000 for Pluard and $10,000 unsecured for Yates.

The Lewis County Sheriff’s Office said Yates was booked also on a drug offense, as suspected heroin was found in his wallet, but charging documents provided by the prosecutor don’t reflect any drug charge.

Centralia police and sheriff’s deputies together on Tuesday pursued tips to locate Pinotti, and charging documents suggest sheriff’s detective Riordan is the lead on investigating the alleged crimes of the five young people.

Separately, Centralia Police Department Chief Bob Berg said he requested the actions of court security Officer Howard be investigated by the multi-county shooting review team. The police department said primary responsibility for that would be assumed by the Lewis County Sheriff’s Office.

It’s the third time this year a Centralia officer has fired at someone. The other two instances were fatal, one in which the suspect-victim held a knife and the other with a handgun.

They stemmed from incidents, separately, of an attempt to contact a “suspicious person” and with the the shoplifting of a burrito.

Officer Howard has a limited commission and handles courtroom security for the city. The retired California Highway Patrol officer has been placed on administrative leave pending the results of the shooting investigation.

According to Pinotti’s criminal charging documents, Howard indicated that he fired his weapon in fear for his safety, because Pinotti’s vehicle was being used as a weapon against him.

Pinotti’s charging documents also indicate, that as Pinotti sped backwards on Maple Street heading west and away from the scene, his driver’s side window fell out of his car and was found laying on Maple Street.

In previous officer-involved shootings, Prosecutor Meyer has analyzed the findings from the multi-county shooting review team to make a decision about whether the officer’s use of deadly force was justified or criminal. In the most recent instance, Meyer said an officer must have probable cause to believe that the person “poses a threat of serious physical harm to the officer.”

The next step has been for the police chief to convene an internal use of force review board, to help him conclude if the officer followed department policy.

It appears Howard drew his weapon to prevent Pinotti from driving away.

One witness who said she watched the escape from where she was parked across Maple Street from Centralia Municipal Court said she was surprised to learn later a shot was fired. She didn’t hear one, Sarah Gee of Toledo said.

“The problem is, in no way, shape or time did the kid go forward,” Gee said. “The vehicle never moved forward.”

Gee said she was sitting in her car when she saw “the kid” pull away from the court security officer, through the glass doors of the municipal building.

The 25-year-old said she watched who she later learned was Pinotti run outside, at first into the street, then back to the sidewalk and then down the block to the north side of the Chronicle building, with the guard following.

Gee said she stepped out of her car and watched.

“I could hear a commotion, but I couldn’t see, because the first car blocked my view,” she said of the vehicle parked in front of the Subaru.

Next, she saw “the kid” at his driver’s door and the officer standing in the middle of the street, she said.

She described the officer as taking a “drawing stance” and pointing his gun at the car.

“I saw the kid speed down the middle of the road backwards,” she said. “And flip into the Rollerdrome lot and take off.”

Gee said she had given Jaelynn Pluard a ride to court that morning, and was just waiting for her outside. They left after 10 or 15 minutes, she said. She said she doesn’t know Pinotti.
•••

For background, read “Five jailed in connection with Pinotti’s attempt to stay out of jail” from Thursday December 18, 2014, here

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The view looking west on Maple Street, outside the Centralia municipal building toward the Chronicle.

News brief: Three hurt in Centralia freeway pileup

Friday, December 19th, 2014
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A Dodge Neon was rear ended, shoved into a truck and then hit from behind again on Interstate 5 in Centralia. / Courtesy photo by Washington State Department of Transportation

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Two teenagers from Winlock were injured in a five vehicle chain reaction collision on Interstate 5 in Centralia this afternoon.

The Dodge Neon they were traveling in was struck from behind by a box truck and pushed into a pickup truck, according to Washington State Patrol.

Troopers and aid were called about 12:45 p.m. to the northbound lanes in between the Mellen Street and Harrison Avenue interchanges.

Taylor J. White, 18, and Arizona R. Meyer, 17, were transported to Providence Centralia Hospital with non-life threatening injuries, according to responders.

“I’m pretty sure they’ll be discharged tonight,” Riverside Fire Authority Firefighter Tera Green said. “They were very lucky.”

The 2001 Isuzu box truck driven by Grady J. Bowman, 23, of Napavine, came to rest on the right shoulder and a Jeep Wrangler which was following too closely was unable to stop before colliding with the Neon and pickup, according to the Washington State Patrol.

The Neon was totaled.

The driver of the Jeep, Susan M. Creighton, 38, of Randle, was injured as well but not hospitalized, according to the state patrol.

The wrecks were blamed on inattention.

Citations were to be issued to Bowman for second-degree negligent driving and to Creighton for following too closely, according to the patrol.

Able to be driven from the scene were a Crown Victoria and the Ford pickup, the investigating trooper reports.

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Back side of the Dodge Neon. / Courtesy photo by Aaron Towman

 

Local sellers on Facebook robbed of items by “customers”

Friday, December 19th, 2014

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Four young people have been arrested after two instances of “buyers” snatching and running off with items from individuals selling through Facebook.

A 20-year-old woman who arranged to meet up with a purported buyer at W.F. West High School after dark on Monday night lost a gold necklace and matching bracelet to a male she only knew as “Tyler Frank Best”.

The night before, a 16-year-old boy was going to sell  a bicycle frame to an acquaintance on Southwest Chehalis Avenue, when a male he did not know approached him, grabbed the bike and threatened him with brass knuckles.

In both cases, the victims noticed a white car nearby, according to the Chehalis Police Department.

Officers suspected 19-year-old Andrew Gastfield was involved as that was who the 16-year-old boy intended to meet near Thorkbekes, according to police. And the boy said after the incident, he followed the male through a field and saw him put the bike in the white car; and also saw Gastfield was one of two or three other people in the vehicle as it passed, according to court documents.

By Tuesday night, Chehalis Officer Matt McKnight had set up a Facebook account under a fictitious name, and arranged to meet Gastfield to purchase a cell phone, according to police.

Charging documents say police waited in Wal-Mart’s parking lot. Detective Sgt. Gary Wilson said the meet took place at K-Mart.

Gastfield said he’d be in a white T-Bird and when it arrived, officers arrested a 16-year-old girl, a 17-year-old boy, 19-year-old Gastfield, and the driver, 24-year-old Matthew B. Meyer, according to authorities.

Charges of robbery and theft are pending for each of them, according to the Chehalis Police Department.

Said Wilson: “I want people to be leery of these meetings.”

“Meet in a well lit, if not daylight, at least crowded, places,” he said.

When McKnight searched Gastfield, he found in his pocket a yellow gold necklace and matching bracelet, according to court documents; and in Meyer’s car, police found a set of brass knuckles.

Not all of the suspects were booked that night, and not all of them were present at each of the two robberies, according to Wilson. But he suspected if they’d have continued, someone would have gotten hurt.

“They were starting to have fun with it,” he said. “(And eventually), either they’re going to do something, or they’re going to meet up with the wrong person.”

Sharyn’s Sirens: Daily police and fire roundup

Friday, December 19th, 2014

BURGLARY CHEHALIS

• Police were called about 12:30 p.m. yesterday regarding a break-in to an apartment on South Market Boulevard in Chehalis. Further details were not available.

FOUND MAIL

• Centralia police report they responded about 10 a.m. yesterday where numerous pieces of mail were discovered strewn along Ham Hill Road. Most of the pieces had addresses on Seminary Hill Road, according to the Centralia Police Department.

DRUGS

• Two people were arrested after suspected methamphetamine was found in a vehicle following a traffic stop on the 100 block of Jeffries Road west of Chehalis at about noon yesterday. Brian M. Hull, from Chehalis, and Deana Morris, 44, from Onalaska, also had protection orders against each other,  according to the Lewis County Sheriff’s Office. They were booked into the Lewis County Jail for possession of meth, according to the sheriff’s office.

• A 25-year-old Mossyrock resident was arrested for possession of heroin, and methamphetamine as well as outstanding warrants after contact with an officer about 12:40 a.m. today at Cherry and South Silver streets in Centralia. Cabel J. Binion was booked into the Lewis County Jail, according to the Centralia Police Department.

• A 20-year-old Centralia man was arrested for a warrant and for possession of marijuana at the 400 block of South Pearl Street in Centralia yesterday. Emanuel Torres-Ramirez was booked into the Lewis County Jail following contact with an officer about 6 p.m., according to the Centralia Police Department.

BOY AND CAR COLLIDE

• A 10-year-old boy was taken to Providence Centralia Hospital to be checked after a bicycle versus vehicle collision yesterday afternoon in Centralia. Police and aid responding just after 3 p.m. to North Pearl Street at Oakview Avenue found the child was riding across the street and basically ran into the car, according to Riverside Fire Authority.

AND MORE

• And as usual, other incidents such as arrests for warrants, driving with suspended license; responses for dispute, suspicious circumstances … and more.