Lewis County Sirens.com

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Four young people are now locked up for reportedly helping hide the 22-year-old Adna man, who drew gunfire from an officer as he fled arrest for a misdemeanor warrant in Centralia.

Phillip A. Pinotti faces a first-degree assault charge for allegedly trying to run down a court security officer with his car following a short foot pursuit out of Centralia Municipal Court on Tuesday morning.

Phillip A. Pinotti

The driver’s side window of Pinotti’s blue Subaru was shattered, but Pinotti’s injuries were limited to cuts on his face from the glass, according to authorities. He sped away and while his car was located that afternoon inside his garage in Adna, he wasn’t found until yesterday morning, at a residence on Bishop Road in Chehalis.

Deputies yesterday morning also arrested the resident of the home, Krystofer M. Yates, 19, and Yates’ girlfriend, Jaelynn N. Pluard, 22, who allegedly hid Pinotti. Both were booked into the Lewis County Jail for rendering criminal assistance.

Yates was additionally booked on a drug offense, as suspected heroin was found in his wallet, according to the Lewis County Sheriff’s Office.

How and when Pinotti got to Bishop Road is unclear. Where he was for almost 24 hours is unknown.

But court documents give some ideas of how he managed to get out of Centralia and evade multiple officers who converged following the morning incident on West Maple Street – which took place between Centralia City Hall, where both the municipal court and police department are housed, and the next block to the west outside The Chronicle building.

Two of Pinotti’s Centralia friends were arrested the same afternoon at his home, also for rendering criminal assistance.

Eighteen-year-old Miguel V. Martinez and 22-year-old Kayla Burleson gave varying versions to law enforcement officers of what transpired.

One version has Tuesday morning beginning with the three of them driving together in Pinotti’s car to Centralia, as they all had court.

Martinez and Burleson appeared in Lewis County Superior Court before a judge yesterday afternoon  but no charges were filed. Lewis County Chief Criminal Deputy Prosecutor Brad Meagher asked the judge to continue to hold them in jail because the investigation was not complete.

Centralia Municipal Court security Officer Steve Howard was’t scheduled until this morning to be interview by detectives about his role, Meagher told the judge. Police Chief Bob Berg has said Officer Howard fired one shot, and it entered the vehicle.

Meagher’s declaration of probable cause to hold the pair, offered some details about the time period immediately following the escape from court.

It appears Burleson was sick and vomiting and didn’t attend her court hearing, but she and Martinez were across a parking lot in an alley just north of the Chronicle, according to the document.

The two either did or did not see Pinotti entering his vehicle and fleeing, but Martinez said they walked to the penny candy store north of there and met up with Pinotti, according to the document.

Martinez said he drove the car with Burleson in it to Adna, the document states.

Pinotti and his four friends are all scheduled to appear this afternoon in Lewis County Superior Court, to face whatever charges are filed.
•••

For background, read “Adna resident wanted for attempt to run down court officer located in Chehalis” from Wednesday December 17, 2014, here

Sheriff’s deputies wait for a search warrant after finding suspect’s car at his rural Chehalis home.

Updated at 3:54 p.m.

By Sharyn L. Decker
Lewis County Sirens news reporter

CENTRALIA – Police are looking for a 22-year-old man who sped away after a court security officer fired a round into his driver’s window this morning near Centralia City Hall.

Phillip A. Pinotti was being taken into custody at Centralia Municipal Court when he slipped away from the officer, ran down the street, got into a car and apparently drove toward the officer, according to the Centralia Police Department.

“We do not know if the individual was hit,” Police Chief Bob Berg said, meaning the escapee.

Phillip A. Pinotti

That took place just before 10 a.m.

At about 1 p.m., Pinotti’s sport utility vehicle was found in the garage of his residence on Clinton Road in Adna. But Pinotti was not there.

“There were two individuals at the house, we’re talking to them now,” Lewis County Undersheriff Rob Snaza said as deputies waited for a search warrant.

Pinotti is now wanted for first-degree assault and felony escape, according to Berg.

Berg said he asked the sheriff’s office to investigate because it involved one of his own employees.

Several patrol vehicles from both the sheriff’s office and the Centralia Police Department were at the scene on the 200 block of Clinton Road this afternoon. The roadway was blocked by a trooper, at state Route 6, about five miles west of Chehalis.

Snaza said he believes the home belongs to Pinotti’s parents, but they were not present.

“We’re continuing our investigation, and following leads,” Snaza said.

According to Berg, Pinotti came to court this morning for an arraignment on a charge of driving under the influence. The judge noticed he was wanted on a misdemeanor warrant for failing to appear in Chehalis Municipal Court, in connection with a third-degree theft, Berg said.

The judge ordered court security Officer Steve Howard to take Pinotti into custody for the Chehalis warrant, which he began to do just outside the courtroom, according to the chief.

“As officer Howard is handcuffing him, that’s when he bolts,” Berg said. “He’s running down the street, with officer Howard in pursuit.”

Berg said they ran west to the next block, and Pinotti got into a dark blue sport utility vehicle parked on Maple Street next to the The Chronicle.

“According to the officer, the individual gets in the car, starts it, puts the car in drive and comes toward the officer,” Berg said.

The court security officer advised him to stop, but he didn’t, according to police.

Officer Howard fired one shot, Berg said.

The vehicle backed down the street, into the drive at the Centralia Rollerdrome, and headed away.

“He drove away at a very high rate of speed,” Berg said. “The last I saw, he turned at the stop sign.”

The street was closed for about an hour, he said.

Berg said they found a casing but not the bullet, so they know the bullet entered the car. They believe it shattered the driver’s side window. It’s unknown if Pinotti was struck by the bullet or injured.

Officer Howard has a limited commission and handles courtroom security for the city, according to Berg. He is a retired California Highway Patrol officer.

Centralia Police Department spokesperson Officer Patty Finch indicates Howard has been placed on administrative leave pending the results of the investigation.

The shooting incident will be investigated by the multi-county shooting review team with primary responsibility assumed by the Lewis County Sheriff’s Office, according to Finch.

It’s the third time a Centralia officer has fired at someone this year. The other two instances were fatal.

Berg was confident Pinotti would be located. His criminal history is not extensive or violent, he said.

“He knows we know who he is, I think he just made an extremely poor decision,” Berg said. “Fight or flight.”

Centralia Police Department Chief Bob Berg describes how the wanted man fled outside Centralia City Hall on West Maple Street this morning.

Updated

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS  – Lewis County Prosecutor Jonathan Meyer won’t be applying the letter of the law regarding the recently enacted Initiative I-594 – requiring expanded background checks for firearm sales and transfers – among otherwise law abiding citizens.

However, give or sell a gun to someone prohibited from possessing one, and he will take action.

Lewis County Prosecutor Jonathan Meyer

Meyer, in a joint news release issued yesterday with Lewis County Sheriff-Elect Rob Snaza, said the broad language and vague definitions of the new law have given rise to many questions and concerns.

Each man offered a brief written statement, attached to their summary of the main provisions of I-594.

The measure which passed in November applies currently used criminal and public safety background checks by licensed dealers to all firearm sales and transfers, including gun shows and online sales, with specific exceptions. It went into effect Dec. 4.

“The Lewis County Prosecuting Attorney Office will not make criminals out of the hardworking citizens of Lewis County,” Meyer states. “Where I-594 attempts to criminalize every-day activities, I, in the exercise of my prosecutorial discretion, will not charge individuals with these types of violations.

“At the same time, make no mistake I will hold accountable those who, in violation of this initiative, knowingly put guns in the hands of criminals.”

Sheriff-elect Rob Snaza

A first offense is a gross misdemeanor. Subsequent offenses are a class C felony. Meyer is responsible for all felony prosecutions in the county, and for misdemeanor and gross misdemeanors in cases from the sheriff’s office, the state patrol and some other police departments.

Regarding the gun shows regularly held at the Southwest Washington Fairgrounds where sales have traditionally been made by both licensed firearm dealers and private citizens, Meyer said he presumes the organizers will make sure proper processes are followed.

An example Meyer gave yesterday, in a brief interview, of what he won’t pursue involve transfers of a gun in some cases.

He spoke of innocent activities such as if a person and their brother-in-law went target shooting and used each others weapons.

The law provides exemptions to background checks, among them are transactions involving gifts between immediate family members as well as antique firearms as defined by applicable law.

Meyer said he views the new law as applying to even temporary transfers such as handling a firearm for inspection, for consideration of purchase or stocking store shelves. But he’s not interested in prosecuting those types of activities, he indicated.

His example of what he is interested in pursuing related to selling or giving a gun to a felon.

As for going after a person who sells or gives a firearm, without the checks, to someone who subsequently uses it in a crime, he said he would be looking at situations on a case by case basis.

Meyer noted he can’t give legal advice to individual citizens and recommended anyone with questions should consult their attorney.

The new law does not change the definition of a firearm. It does mean any sales or transfers must be completed through a licensed dealer, according to Meyer.

The prosecutor said he has not seen any cases involving it yet, and thinks the RCW will be called “Unlawful transfer of firearms.”

I-594 passed statewide with 59 percent of the vote. In Lewis County, 67 percent of voters rejected it.

Sheriff-elect Snaza, in his formal statement, reminds the public he is a strong proponent of the second amendment and notes the “significant” impact of  I-594 on law abiding citizens.

He states that each of these cases will be considered by his office in regard to both the spirit and the letter of the law.

However, his office’s enforcement strategy doesn’t appear to include proactively seeking out violations, or making arrests, according to his statement. He’ll let the prosecutor decide.

“(Our strategy) will be to thoroughly investigate those cases reported to us, and file these cases with the Lewis County Prosecutor’s Office, when appropriate,” Snaza stated.

This morning Snaza pointed out the majority of Lewis County residents oppose the new law, which he said he believes has good intentions, but is vague.

“We don’t have all these resources to go after every person breaking the law,” Snaza said.

“Personally, I think this law is unconstitutional,” he said. “We’ll do what we can.”

•••

SUMMARY OF PROVISIONS OF I-594, from Lewis County Prosecutor Jonathan Meyer

WHAT IS A “FIREARM”?*
A “firearm” is a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. This includes tools such as a concrete nailer that is gas or powder-actuated.
*I-594 did not change the definition of a firearm.

WHO IS SUBJECT TO BACKGROUND CHECKS UNDER I-594?
All purchasers or transferees of firearms are subject to background checks unless the purchase or transfer is specifically exempted by state or federal law.

WHICH SALES AND TRANSFERS ARE SUBJECT TO I-594?
All sales or transfers occurring in whole or in part in Washington State, including sales and transfers through dealers, at gun shows, online, and between unlicensed persons, are subject to the background check requirements of I-594.

WHAT IS A TRANSFER?
A “transfer” means the intended delivery of a firearm to another person without payment or promise of payment, including gifts and loans. This includes a “temporary” transfer (including the handling of a firearm for inspection, consideration of purchasing, stocking of store shelves, etc.).

HOW MUST A SALE OR TRANSFER BE ACCOMPLISHED UNDER I-594?
Any sale or transfer of a firearm where neither party is a licensed firearms dealer must be completed through a licensed firearms dealer in compliance with the following requirements:
1. The seller or transferor must physically deliver the firearm to the dealer. The seller or transferor may remove the firearm from the dealer’s premises while the background check is being conducted, but the firearm must be physically delivered back to the dealer prior to the completion of the transaction.
2. The purchaser or transferee must complete, sign and submit all federal, state, and local forms needed for processing the background check.
3. The dealer must process the transaction in the same manner as he/she would in a sale or transfer of a firearm from his/her inventory. The dealer must comply with all applicable federal and state laws.
4. If the purchaser or transferee is ineligible to possess a firearm, the transaction cannot proceed and the dealer must return the firearm to the seller or transferor.
5. The dealer may charge a fee for facilitating a sale or transfer that reflects the fair market value of the administrative costs incurred.

WHAT TIMING REQUIREMENTS APPLY TO A PURCHASE OR TRANSFER UNDER I-594?
A dealer may not deliver a firearm to a purchaser or transferee until the earlier of:
1. The completion of all required background checks if the purchaser or transferee is not ineligible under federal or state law to possess a firearm; or
2. Ten (10) business days have passed since the dealer requested the background check, except this period is sixty (60) calendar days for a pistol transfer if the purchaser or transferee does not have a valid Washington state driver’s license or identification card or has not been a resident for the previous ninety (90) days.

ARE ANY TRANSACTIONS EXEMPT FROM THE BACKGROUND CHECK REQUIREMENT?
The following transactions are exempt from the background check requirements established by I-594:
1. Bona fide gifts between immediate family members, which is limited to spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;
2. Sales or transfer of “antique” firearms, as that term is defined by applicable law;
3. Sales or transfers by or to law enforcement and corrections agencies, and to the extent the person is acting within the course and scope of his or her employment or official duties, law enforcement and corrections officers, active members of the military, and federal officials;
4. Receipt of a firearm by a federally licensed gunsmith only if the firearm is received for purposes of service or repair.

ARE ANY TEMPORARY TRANSFERS EXEMPT?
The temporary transfer of a firearm is exempt when:
a. Necessary to prevent imminent death or great bodily harm to the transferee, if the transfer lasts only as long as needed and the transferee is not prohibited from possessing firearms by applicable law;
b. It is between spouses or domestic partners;
c. It occurs at an established shooting range authorized by the local governing body and the firearm is kept at all times at the range;
d. It occurs at a lawful organized firearm competition or performance and  the firearm is possessed exclusively at the competition or performance;
e. It is to a person under eighteen (18) years of age for lawful hunting, sporting, or educational purposes while under the direct supervision of a responsible adult; or
f. It occurs while legally hunting if the transferee has completed all required training, holds all required licenses or permits, and is not prohibited from possessing a firearm.

WHAT IF THE FIREARM IS INHERITED?
Acquisition of a firearm, other than a pistol, by inheritance is exempt.
In the case of acquisition of a pistol by inheritance, the transfer is exempt for the sixty (60) days following the transfer by operation of inheritance. However, upon the expiration of the sixty (60) day period, the person must either have lawfully transferred the pistol or must have contacted the Washington Department of Licensing to notify that department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.

WHAT ARE THE PENALTIES FOR VIOLATING THE NEW LAW?
A person who knowingly violates the background check requirements is guilty of a gross misdemeanor for a first offense and of a Class C felony for each subsequent offense.
Each firearm sold or transferred in violation of the background check requirements is a separate offense.
A Class C felony conviction for this offense is included in the definition of “serious offense” for purposes of the crime of unlawful possession of firearms.

WHAT ABOUT THE SALES TAX ON SALES OR TRANSFERS OF FIREARMS?
The retail sales tax does not apply to the sale or transfer of a firearm between two unlicensed persons if they have complied with all required background checks.

DOES THE DEALER HAVE TO COLLECT THE USE TAX ON THE TRANSACTION?
Keeps the requirement for firearms dealers to collect sales or use tax from the transferee on interstate firearms transfers by a licensed dealer.