Posts Tagged ‘By Sharyn L. Decker’

News brief: Supreme Court grants hearing on prosecutor’s request to overturn reversal of Ashford murder conviction

Saturday, September 14th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Washington State Supreme Court will hear arguments next month on why Lewis County prosecutors should not have to hold a new trial for a man whose conviction for murder has been thrown out three times.

Kenneth L. Slert has three times been found guilty of second-degree murder in the October 2000 shooting death of 53-year-old John Benson at a campsite near Ashford. He claimed self defense.

Last year, after the appeals court remanded the case for a new trial, Lewis County prosecutors instead petitioned the Supreme Court to weigh in.

The case is among the few chosen to be heard during the current Supreme Court session.

At issue is a closed door meeting between the judge and attorneys that led to four prospective jurors being excused during his most recent trial. The appeals court said that was a violation of a public trial right.

The case is scheduled for 9 a.m. on Oct. 17 when each side will get 20 minutes to present their arguments. Two other cases are scheduled to be heard the same day on the same topic.

Slert is represented by defense attorneys Manek Mistry and Jodi Backlund. The state is represented by Lewis County Deputy Prosecuting Attorneys Brad Meager, Sara Beigh and Eric Eisenberg.

Lewis County Prosecutor Jonathan Meyer said yesterday if he wins, the conviction stands, but if Slert wins, his office will hold a fourth trial.

The former carpenter who lived in Tacoma has been in prison since after his first trial in 2004.

Lewis County sheriff’s deputy pleads not guilty to DUI

Friday, September 13th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A plea of not guilty was entered yesterday for the sheriff’s deputy who was arrested for driving under the influence of alcohol in Chehalis over the weekend.

Jeffrey S. Humphrey went before a judge today in Lewis County District Court in Chehalis an hour before the regularly scheduled time with his defense attorney Don Blair and a special deputy prosecutor from Thurston County appointed to handle the case.

Blair filed the plea a day early in writing and today’s appearance was to handle Humphrey’s conditions of release while his case is pending.

According to charging documents, the 40-year-old Chehalis area resident’s breath samples registered at .159 and .143. They were taken at the Lewis County Jail after his arrest early Sunday morning. The legal limit of an alcohol concentration is .08.

Charging documents state Humphrey was stopped by a trooper at an accident scene at the Labree Road offramp of Interstate 5 after he drove past a truck-mounted reader board flashing messages of “Ramp closed” and “Use alternate route”.

The high speed collision around 3:45 a.m. was the end result of a police pursuit in which a car driven by an allegedly intoxicated driver crashed into a guard rail and caught fire. A passenger was airlifted with a broken ankle.

Charging documents give the following account of Humphrey’s arrest: A Washington State Patrol sergeant wearing a reflective vest attempted to get the attention of Humphrey’s westbound gray Ford F150 by waving his arms, yelling and shining his flashlight at the truck. The sergeant chased the truck which eventually stopped and when asked if he saw all the emergency vehicles and road closure sign, Humphrey replied, “sorry.”

Humphrey had three un-named passengers with him and the sergeant smelled a strong odor of intoxicants from the window; Humphrey was described with a blank, far off look on his face, his eyes bloodshot and watery.

The Lewis County Sheriff’s Office deputy who was off duty refused to do field sobriety tests and would not answer when asked how much he’d had to drink.

Humphrey, an 11 year veteran of the sheriff’s office, is on paid administrative leave.

A state patrol spokesperson said earlier this week Humphrey’s vehicle was towed and he he was released from the trooper’s custody at his home.

Lewis County District Court Judge R.W. Buzzard released Humphrey on his own recognizance today, meaning no bail was necessary.

He was also ordered not to consume any alcohol or non-prescribed controlled substances, but the prohibition against entering taverns or bars printed on the standard court form was crossed out.

Humphrey also signed today a waiver of his time for trial which would be 90 days from arraignment for a person not in custody.

The charges were filed on Monday by Lewis County Deputy Prosecutor Paul Masiello.

Lewis County Prosecutor Jonathan Meyer asked his counterpart in Thurston County to select a special deputy prosecutor to handle the case because of appearances of fairness. The special prosecutor is Chad McClellan.

Driving under the influence is gross misdemeanor punishable by up to 364 days in jail and or a $5,000 fine.

A pretrial hearing is scheduled for Dec. 18.

Sharyn’s Sirens: Daily police and fire roundup

Friday, September 13th, 2013

COFFEE STAND BURGLARIZED

• Someone broke into an espresso stand on the 12000 block of U.S. Highway 12 in Packwood and stole a cash register and other items, according to the Lewis County Sheriff’s Office. A deputy responding just before 10 a.m. yesterday was told it happened sometime after 5:30 p.m. on Wednesday and 8 a.m. on Thursday, according to the sheriff’s office. The loss is estimated at $1,000.

FIREARMS STOLEN

• A Winchester rifle and a 22 rifle were among the valuables missing after a burglary yesterday at a home on the 100 block of Nikula Road outside Winlock. A deputy called about 3 p.m. learned someone forced their way into the residence sometime after 11 a.m. and left with the guns as well as a laptop computer, an Xbox with games and jewelry, according to the Lewis County Sheriff’s Office.

SAFE MISSING

• A safe was stolen from a home on the 200 block of West Second Street in Centralia while the residents were out for dinner last night. Police called just before 9 p.m. report it contained cash and various paperwork. It appears they pried a back door to get inside, according to the Centralia Police Department.

DISPUTE RESULTS IN ARREST

• Deputies arrested a 47-year-old Rochester man overnight who allegedly went inside an acquaintance’s home uninvited, kicked over numerous items and assaulted the resident. The Lewis County Sheriff’s Office said they were called to the 3300 block of Harrison Avenue in Centralia and learned that George F. Jones and the 50-year-old victim had been arguing and Jones left. He was subsequently located at the Travel Lodge in Centralia and booked into the Lewis County Jail for burglary, Sgt. Rob Snaza said. Information about what the disagreement was about or why Jones was not arrested for assault was not readily available.

NOT TRASH

• A checkbook found in a dumpster in downtown Chehalis yesterday by a woman looking for son’s lost cell phone turned out to have been stolen from Olympia in a July burglary. The item turned into police yesterday had been tucked inside a McDonalds to-go bag, according to the Chehalis Police Department. Officer Linda Bailey contacted its owner and learned one check was missing.

LOST AND FOUND

• Chehalis police are hoping the owner of a ring found in the parking lot at Yard Birds on North National Avenue yesterday gives them a call. It has clear stones which could very well be diamonds as it looks like an engagement ring, Officer Linda Bailey said. If someone is missing that type of ring, they should call the Chehalis Police Department and describe theirs, Bailey said.

DOOR SHOT

• Centralia police responded about 5:20 p.m. yesterday when a resident on the 3000 block of Borst Avenue discovered several holes in her front door that appeared to have been made by a pellet gun.

DUI CRASH

• A 35-year-old Chehalis woman was arrested for driving under the influence overnight after she allegedly struck two parked vehicles near the 100 block of Cascade Avenue in Chehalis. A deputy was contacted about 2:40 a.m. by the Chehalis Police Department to assist and arrested Miriam J. Rosenberg, 35, of Chehalis, according to the Lewis County Sheriff’s Office. Rosenberg was booked into the Lewis County Jail, according to the sheriff’s office.

AND MORE

• And as usual, other incidents such as arrests for warrants, driving with suspended license, driving under the influence; responses for alarms, misdemeanor theft, suspicious circumstances, various disturbances … and more.

Chehalis: Bicycle getaway on Interstate 5 ends with arrest

Friday, September 13th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A 49-year-old man was arrested for theft yesterday after he allegedly concealed several items in a bright yellow backpack he had selected from Wal-Mart’s sporting goods section and then made his getaway up Interstate 5 on a boys BMX bicycle he had selected from the retailer as well.

Police called just before 7:30 p.m. to the 1600 block of Northwest Louisiana Avenue were told the shoplifter was seen peddling at a high rate of speed across the Chamber Way overpass and headed northbound on the freeway, according to the Chehalis Police Department.

Norman J. Field was stopped near milepost 81 and arrested for second-degree theft, according to police.

The 20-inch Cincinnati brand bike, the backpack and the several bottles of cologne along with an electric razor totaled about $787, according to Officer Linda Bailey.

Field, whose address is listed as in Olympia, also handed over to officers two key rings he said he’d found in the store’s parking lot, each containing multiple vehicle keys, Bailey said. He was booked into the Lewis County Jail.

Sharyn’s Sirens: Daily police and fire roundup

Thursday, September 12th, 2013

MYSTERY CAMO MAN NOT LOCATED

• Law enforcement officers were called yesterday evening to the 200 block of Mossyrock Road East to a report of a suspicious male behind a home. Lewis County Sheriff’s Office Sgt. Rob Snaza said he responded around 5 p.m. and later when some teens said they thought they saw a man wearing camouflage clothing and carrying a gun. There was also a report of at least one gunshot, Snaza said. They checked out the area and nothing was found, he said. “Maybe they saw something, maybe they didn’t,” he said.

DOMESTIC ASSAULT IN VADER

• Deputies and other law enforcement officers were called to Vader last night when a woman reported her ex-boyfriend showed up at the 700 block of C Street and beat her up. Deputies responding to the 10 p.m. call were told he had fled the residence, according to the Lewis County Sheriff’s Office. Bernard J. Smith, 36, of Vader, allegedly shoved her, choked her and threw her onto the floor by her hair, according to the sheriff’s office. A search was conducted with a police dog but was unsuccessful, according to Sgt. Rob Snaza. Smith is wanted for second-degree assault, Snaza said.

DOMESTIC INCIDENT IN ADNA

• Deputies responded about 3:30 a.m. yesterday morning to the 300 block of Bunker Creek Road in Adna where a woman reported her ex-husband came into her home and into her bedroom. He left but was subsequently picked up by the Thurston County Sheriff’s Office and then arrested. Bonny R. Anderson, 42, was booked into the Lewis County Jail for second-degree burglary and violation of a protection order, according to the Lewis County Sheriff’s Office.

EUUUUW

• A Centralia man was arrested overnight for allegedly spitting in his girlfriend’s face. Officers responding about 3:15 a.m. to the 400 block of South Silver Street arrested Nicholas A. Graham, 30, for misdemeanor assault and booked him into the Lewis County Jail, according to the Centralia Police Department.

THEFT

• Chehalis police were called yesterday afternoon to an assisted living facility at Southwest Woodland Circle about the possible theft of a resident’s purse. It’s not clear if it was stolen or lost, according to the Chehalis Police Department.

VANDALISM

• Centralia police responded about 9:20 p.m. yesterday to the 600 block of South Pearl Street where an individual reported something was thrown at his windshield breaking it.

UNDER THE INFLUENCE

• Chehalis police called about 7 p.m. yesterday about a possibly intoxicated driver exiting from Interstate 5 caught up with the car on Mills Avenue, where the driver was slumped over the steering wheel with the engine still running. Susan M. Peha, 49, of Centralia, was arrested for being in physical control of a vehicle while intoxicated, according to the Chehalis Police Department. She was booked into the Lewis County Jail.

VEHICLE VERUS BIKE

• Centralia police responded to a vehicle versus bicycle collision about 11 a.m. yesterday at South Pearl Street and Centralia College Boulevard. The subject on the bike sustained “very minor” injuries, according to the Centralia Police Department.

AND MORE

• And as usual, other incidents such as arrests for warrants, violation of protection order, driving with suspended license; responses for alarms, misdemeanor theft, collision, other misdemeanor assaults, disputes between neighbors, suspicious circumstances, strange noises outside a house in the middle of the night; concerns about a female napping on a sidewalk; complaint about two people making out in public, lots of aid calls … and more.

Sheriff’s deputy on paid leave as DUI arrest is investigated

Thursday, September 12th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Lewis County sheriff’s deputy arrested for drunken driving over the weekend while off duty is scheduled to go before a judge tomorrow afternoon.

Jeffrey S. Humphrey has been with the sheriff’s office for 11 years. He is on paid administrative leave, according to the sheriff’s office.

Humphrey was stopped by a trooper early Sunday morning on Interstate 5 in the Chehalis area, according to the Washington State Patrol. He was pulled over when he attempted to drive through the closed area of a collision scene, state patrol spokesperson Stephen Robley said.

Robley said he believed it occurred about 3 a.m.

“He was arrested for DUI, processed and then released,” Robley said. “And the charges were forwarded to the Lewis County prosecutor.”

Robley said he didn’t have many details, and said he didn’t know why the case was referred for a charging decision as opposed to the trooper issuing a citation with a date and time for Humphrey to appear in court.

Robley, who is an agency spokesperson and works patrol in Clark County, said in his work, those decisions and whether to book a person into jail depend on a variety of factors sometimes related to how cooperative an individual is or if they also have a warrant.

Humphrey’s vehicle was towed and he was released from the troopers custody at his home, Robley said.

Lewis County Prosecutor Jonathan Meyer said he asked his counterparts in Thurston County to select a special deputy prosecutor to handle the case because of appearances of fairness. The Lewis County Prosecutors Office represents the sheriff’s office, he said.

The charge was filed on Monday in Lewis County DIstrict Court.

Sheriff Steve Mansfield issued a statement saying his deputy will be processed through the criminal justice system just as anyone else arrested for the same offense would. In addition, an internal investigation will be conducted, according to Mansfield.

Humphrey works on the sheriff’s office drug task force.

One of his recent large cases was the so-called Operation Big Bottom Bust in Randle in June in which 10 residents were arrested following a months-long investigation of under cover purchases of methamphetamine.

Humphrey’s arraignment is set for 2 p.m. tomorrow before Judge Michael Roewe.

Boater clinging to tree in Cowlitz River plucked to safety

Thursday, September 12th, 2013

By Sharyn  L. Decker
Lewis County Sirens news reporter

A woman fishing in the Cowlitz River south of Ethel yesterday was rescued after her boat struck a log and dumped her into the icy water.

A man in another boat heard her yelling and tried to grab her but couldn’t and called 911 about 7:15, according to the Lewis County Sheriff’s Office.

Crews responded to the area near Brim and Spencer roads on both sides of the river and finally spotted the woman who had pulled herself onto a tree above very heavy rapids, Lewis County Fire District 8 Chief Duran McDaniel said.

Firefighters from Toledo in two boats they put in the river pulled the woman to safety, he said.

McDaniel said the area, about a mile and a half upstream from the Blue Creek Hatchery and Boat Launch, is rather remote and it was getting to be dusk when they got to her.

“She’s very lucky she had a passerby,” McDaniel said. “That saved her life; there’s no doubt about it.”

Jeanine McDaniel – no relation to the fire chief – 47, from Fife, was transported to Providence Centralia Hospital to be treated for scrapes and possible hypothermia, according to the sheriff’s office.

She was boating alone and not wearing a life jacket, sheriff’s Sgt. Rob Snaza said. It’s a good reminder of how important safety precautions can be, Snaza said.

Neither Snaza or Chief McDaniel knew how long she’d been in the water.

“That river rises and falls on a regular basis,” Snaza said. “When you’re fishing, you should always be wearing a life jacket.”