Plea agreement reached in Lewis County bigamy case

June 12th, 2012

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – There will be no bigamy trial in Lewis County Superior Court next week.

A former Lewis County woman who lives in Shelton was sentenced yesterday to 30 days in jail for marrying a man when she apparently already had two husbands.

Carrie R. Justus, 45, pleaded guilty as charged, but made a so-called Alford plea and in her written statement to the court said she maintains her innocence.

Justus was charged in December after her husband informed a sheriff’s detective he had learned from his wife during an argument she was still married to someone else.

The husband, Steven Felix, is serving time in a state prison near Spokane. Her second husband  is incarcerated in a North Carolina prison. Her first husband lives in Sequim, although she claimed that was not a valid marriage, according to court documents.

Lewis County prosecutors claimed Justus married Felix in Lewis County in August 2007; Justus said in February they actually wed in Las Vegas.

Justus’s attorney wrote she believed she had affirmative defenses, but recognized a high probability of conviction if she went to trial and that she wished to accept a plea offer.

Bigamy is a class C felony, with a maximum penalty of five years in prison. The standard sentencing range for bigamy is between zero and 364 days.

Justus was able to take advantage of a first-time offender option, with a standard sentencing range of zero to 90 days.

Lewis County Superior Court Judge Richard Brosey yesterday gave her 30 days, and noted she could serve her time on electronic home monitoring.

He also fined her $1,000 and while he didn’t specifically order her to dissolve any of her marriages, she is required to engage in only law abiding behavior.

Lewis County Deputy Prosecutor Joely O’Rourke said today the judge asked her to take care of her divorces and she said she was in the process of doing so.

She would be breaking the law and violating the conditions of her sentence if she didn’t follow through, according to O’Rourke.

O’Rourke said Justus was cooperative and wanted to take care of the situation. It seemed she thought the husbands took care of dissolving the marriages, or probably didn’t know what she should have done or couldn’t afford it, she said.

“Although she did break the law, she didn’t strike me as a person who set out negligently to do that,” O’Rourke said.

Neither Justus nor her lawyer, Eric S. Valley whose office is in Shelton, returned phone calls for comment.

•••

For background, read “Former Chehalis woman accused of bigamy” from Sunday February 5, 2012, here

Sharyn’s Sirens: Daily police and fire roundup

June 12th, 2012

INTERRUPTED BURGLARY

• A deputy was called about 9 p.m. yesterday to the 100 block of Grimes Road in Centralia after a individual arrived home to find a male fleeing his residence. The 63-year-old victim gave chase but did not catch the subject, according to the Lewis County Sheriff’s Office. Among the valuables missing were a 35 mm camera, three watches and $50 cash, the sheriff’s office said. The intruder was described as about 5-feet 10-inches tall with dark thinning hair and a scruffy beard, according to Chief Civil Deputy Stacy Brown.

FIRE WOOD STOLEN

• Two to three cords of wood were reported stolen from the 500 block of East Pine Street in Centralia yesterday.

FRAUD

• Centralia police are investigating a possible identity theft in which an individual used someone else’s information to open a line of credit. A report was made yesterday afternoon from the 600 block of Byrd Street, according to the Centralia Police Department.

• A Centralia officer took a report yesterday morning about possible fraud involving a bank account.

DOG TRACK OFF HIGHWAY 6

• A dog track was conducted after a deputy came upon a vehicle parked off Highway 6 and South Schueber Road for sale, with its four-way flashers on and its ignition damaged, around 1:25 a.m. today. As the deputy stopped to check, a man ran away south across the highway and into a field, according to the Lewis County Sheriff’s Office. Around 7 o’clock this morning, a male matching the same clothing description was seen by an off-duty officer on the 1100 block of Highway 6, wet and walking out of a field, the sheriff’s office said. The man, Victor A. L. Whalen, 46, of Adna, was arrested for trespassing, according to Chief Civil Deputy Stacy Brown.

HOVERCRAFT

• Police were called about 10:30 a.m. yesterday to Northeast Kresky Avenue and Hampe Way about a woman riding in a “hovercraft-type vehicle” on the side of the road. Further details were unavailable.

Sharyn’s Sirens: Daily police and fire roundup

June 11th, 2012

Updated

HUNGRY INTRUDER CHASED AWAY FROM CENTRALIA HOME

• Police yesterday were looking for a brown-haired male wearing a dark gray hooded sweatshirt after a break-in on the 500 block of South Oak Street in Centralia. Someone broke a window to get inside a residence, ate several items and then was seen leaving around 9:25 a.m., according to the Centralia Police Department. One individual called 911 while another chased the subject for several blocks before losing him in the area of South Cedar Street, according to police. An open jar of pickles was found in the kitchen, according to police. Nothing else appeared to be missing, according to police.

DOGS STOLEN FROM ANIMAL SHELTER

• Deputies are investigating after a break-in at the Lewis County Animal Shelter discovered on Friday morning in which a pair of impounded dogs were stolen. A white female Pit Bull and a male Rottweiler scheduled to be euthanized next week were missing from an outdoor pen at the facility on the 500 block of Centralia-Alpha Road outside Chehalis, according to the sheriff’s office. The fence had been cut. The owner of the canines had until this coming Friday to pay fees and comply with county requirements regarding the pets which were deemed dangerous dogs, according to Chief Civil Deputy Stacy Brown. The dogs, Whitney and Max, originally got in trouble for attacking a neighbor’s alpacas on South Schueber Road, according to Brown. They were confiscated April 19 from their owner, Terry Petrich, Brown said. Deputies have been to his property – in Centralia – looking for the animals but have not found them, according to Brown.

BURGLARY AND THEFT

• A compound bow, stereo equipment and other valuables were stolen from a barn on the 1400 block of Highway 603 near Napavine. The loss from the burglary that was discovered on Saturday is estimated at $4,600. The owner who lives in Centralia told a deputy it happened sometime since May 10.

• A 42-inch television and an X-box system were reported stolen from a home on the 1200 block of Long Road in Centralia on Sunday. A woman who lives there said she was told by her son that his brother and another individual took them. The suspect, Josiah D. McNealy, 20, of Chehalis, was contacted and arrested and booked into the Lewis County Jail for third-degree theft, a misdemeanor. The items were recovered.

• The Lewis County Sheriff’s Office reported this morning somebody broke into the city of Toledo’s city shop yard and got inside an impounded vehicle. It occurred sometime between 5 p.m. on Thursday and 6:30 a.m. on Friday. A hole was cut in a chain link fence and a storage building broken into as well, but nothing appeared to be missing, according to the sheriff’s office.

• A red Honda four-wheeler was taken from a shop building on the 1200 block of U.S. Highway 12 in Ethel and subsequently found about a half mile away against a fence line, according to the Lewis County Sheriff’s Office. It was discovered on Friday an appeared to have occurred sometime since the end of May, according to the sheriff’s office.

CITIZEN TRACKS DOWN CELL PHONE, CALLS POLICE

• Police were called on Saturday morning after an iPhone left at the Hub Tavern in Chehalis was tracked through its GPS system to a house in Vine Street in Chehalis. A woman there told an officer she had found it and left her contact information at the bar in case its owner turned up, according to the Chehalis Police Department. The phone was returned to its owner.

UNWANTED CAR CAMPER

• A deputy was called on Saturday about a homeless person and his vehicle staying on vacant property at the 100 block of Roundtree Road in Mineral. The case involving the 51-year-old Mineral area resident will be referred to the Lewis County Prosecutors Office for a possible charge of trespassing.

SMALL ARSON AT SCHOOL

• Police and firefighters were called just after 8 p.m. yesterday to Washington Elementary School on Field Avenue in Centralia where a small fire had been set. A plastic garbage can under a bike awning was burned on purpose, according to the Centralia Police Department.

•••

CORRECTION: The news item about the stolen dogs has been updated to correctly reflect the dogs’ owner lives in Centralia, not Chehalis as the sheriff’s office reported.

News brief: Rochester man jailed for attempted murder

June 11th, 2012

Updated at 1 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

A Rochester man was arrested for attempted second-degree murder as well as second-degree assault on Saturday night after he allegedly tried to strangle a 28-year-old woman and then slammed another woman’s head into a wall, according to the Thurston County Sheriff’s Office.

Fred Carpenter, 32, was booked into the Thurston County Jail, according to the sheriff’s office.

It began as an argument at Carpenter’s home on the 18500 block of Vylan Lane Southwest and escalated into Carpenter threatening to kill the 28-year-old visitor and then attacking his 34-year-old female roommate when she tried to intervene, according to sheriff’s Sgt. Ken Clark.

Carpenter allegedly grabbed her by the throat and pushed her head into the wall.

Deputies called about 9:20 p.m. ended up using a Taser and pepper spray on the suspect before taking him into custody, according to Clark.

The sergeant said he didn’t know what the argument was about.

The 28-year-old, whose name was not released, was taken to Providence Centralia Hospital for treatment of her injuries, Clark said.
•••

CORRECTION: This news story has been updated to reflect the two women were not mother and grown daughter as initially erroneously reported by the Thurston County Sheriff’s Office.

Sharyn’s Sirens: Daily police and fire roundup

June 10th, 2012

ONALASKAN AIRLIFTED AFTER MOTORCYCLE WRECK

• A 67-year-old Onalaska man was flown by helicopter to Harborview Medical Center in Seattle with head injuries last night after his motorcycle crashed on the 1200 block of Middle Fork Road, according to the Washington State Patrol. James R. Hazen was negotiating a curve, left the roadway to the east, lost control and came to rest in a yard, according to the state patrol. It happened just before 9 p.m. He was wearing a helmet, but traveling too fast and suspected to be driving under the influence, according to the investigating trooper. Update Monday June 11, 2012 at 8:52 a.m.: Hazen is listed in serious condition in the intensive care unit

TWO ARRESTING FOR BARGING INTO APARTMENT

• A second subject was arrested early this morning in connection with an incident the week before last in which  a stranger walked uninvited into two Centralia apartments looking for someone and saying he would be back since he didn’t find him. Francisco J. Robles,18, was booked into jail about 3:30 a.m. this morning for burglary, according to police. Joshua M. Darnell, 19, was arrested for burglary on Wednesday. One of those inside thought they saw the outline of a gun in a waistband, according to the Centralia Police Department.

STOLEN GOODS FOUND

• Police responding to a dispute on the 1400 block of Lewis Street in Centralia about 5 p.m. on Friday smelled marijuana and subsequently conducted a search in which they found stolen property from a recent burglary, according to the Centralia Police Department. Brett A. Warness, 22, of Centralia, was arrested and booked into the Lewis County Jail for possession of stolen property and a warrant, according to police. Hali R. Klemola, 20, of Centralia, was arrested and booked for obstruction, police reported. Update Monday June 11, 2012 at 5:29 p.m.: Prosecutors did not charge Warness due to some issues with the search, according to Lewis County Chief Criminal Deputy Prosecutor Brad Meagher.

DRUGS

• A 57-year-old Centralia man was arrested for possession of methamphetamine and warrants on Friday evening after contact with police on the 1200 block of Harrison Avenue, according to the Centralia Police Department. Dennis E. Burns was booked into the Lewis County Jail, according to police.

ACCIDENTS

• Riverside Fire Authority was called to a vehicle running into a pole on North Pearl Street at Burt Avenue about 7:20 a.m. today and causing a power outage. The 17-year-old occupant declined to go to the hospital, according to the fire department. He was cited for driving under the influence, according to the Centralia Police Department.

• Centralia police say a bicycle rider suffered a small cut on her hand and bruises when she and a vehicle collided yesterday afternoon at West Third and J streets.

Breaking news: Former Pe Ell coach gets almost six years for rape, sexual misconduct

June 8th, 2012
2012.0608.phelps.sentencetwo_2

Todd Phelps listens to his attorney Don Blair after his sentence is imposed in Lewis County Superior Court.

Updated at 5:37 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Calling the case a meeting of a perfect predator and the perfect victim, Judge Nelson Hunt sentenced former Pe Ell girls’ softball coach Todd Phelps to the maximum prison time possible for the rape of a 16-year-old team member.

“It took you more than four months, but you got what you wanted Mr. Phelps,” Hunt said as he pronounced the sentence today. “I’m glad to see you have the support of family and friends, because you’re going to need it.”

Phelps, 52, was given two days shy of six years in prison.

Cuffed and clad in green and white striped jail garb, the former log truck driver looked back only once at his wife and two daughters seated behind him, and that was as he was led out of the Lewis County Superior Court room.

Phelps was convicted by a jury at the end of April of third-degree rape and second-degree sexual misconduct.

Lewis County Deputy Prosecutor Will Halstead today asked for the maximum sentence. Centralia defense attorney Don Blair asked for 10 months.

In a trial that extended into eight days, prosecutors described how Phelps gradually seduced a girl already troubled with low self esteem and depression and ultimately had sex with her that was clearly against her wishes. The jury took only a little more than four hours to find him guilty as charged.

The victim and her mother both addressed the court today before Phelps’ sentence was imposed.

The victim’s mother blasted Phelps, calling him sick, twisted and out of control for persuading her and her husband to trust them yet robbing their child of her innocence.

“You told our daughter she would be worth going to jail for,” she said. “Well, you got your wish. How do you feel now?”

The now 17-year-old girl described how she trusted him like a kind of super hero, who had her convinced her parents didn’t love her and then left her feeling like less than dirt.

“I never understood the word alone until I was balled up on the floor at Melody and Ben’s house, knowing I could never tell a soul,” she said.

Though her voice broke and she stifled sobs, the teenager continued, telling how she finally stood up and told, “before you could suck the life from me, like a spider to a smaller helpless bug.”

Phelps was forced to quit his job coaching the Pe Ell High School girls softball team in April of last year as he was investigated for violating school boundary policies, including texting the girl who was a team member, being alone with her and a kiss he said was on the forehead.

He was arrested in October in connection with an early April incident in which he had the teen to come by his house and asked her to take off her pants so he could see self-inflicted cuts on her legs.

A month later a charge of third-degree rape was added in connection with a July encounter with the girl at his brother’s Pe Ell home.

Deputy Prosecutor Halstead today reminded the judge the jury found aggravating factors, that Phelps used his position of trust with a particularly vulnerable victim, meaning he could be sentenced above the standard sentencing range.

“Clearly (the victim) has lost something she can never get back,” Halstead said. “And the community of Pe Ell has been torn apart.”

“He’s not safe in the community and not of an age he can be rehabilitated,” Halstead told the judge.

Defense attorney Blair said he understood the jury found the aggravating factors, but the standard range for the crime is six to 12 months.

He asked the judge to keep in mind the testimonials from supporters which had been placed in the court file.

“Todd is 52 years old and has never (before) been charged with a crime,” Blair said.

Phelps chose not to address the court.

For the second-degree sexual misconduct with a minor, a gross misdemeanor, Phelps was given the maximum of 364 days.

For the third-degree rape, a felony, he was given four years plus 364 days. The judge allowed one day for community supervision.

The judge said the two sentences should be served consecutively.

After he announced the sentence, Judge Hunt explained that when a maximum sentence is requested, he asks himself if it is the worst he’s seen of the particular crime in question.

“The answer is a resounding yes,” Hunt said.

The judge signed the orders, including Phelps’ notice of intent to appeal.

•••

For background, read:

• “Former Pe Ell coach faces charge of third-degree rape of teenage student” from Tuesday November 29,  2011, here

• “Pe Ell coach rape trial set for next week, judge denies request to dismiss charges” from Wednesday March 21, 2012, here

• “Trial opens for former Pe Ell coach accused of sex crimes with teen” from Wednesday April 18, 2012, here

• “Pe Ell rape trial: Girl tells of kissing” from Friday April 20, 2012, here

• “Pe Ell rape trial: Teen testifies about alleged rape” from Saturday April 21, 2012, here

• “Pe Ell rape trial: Teen answers questions from defense attorney” from Tuesday April 24, 2012, here

• “Pe Ell rape trial: Family provides alibis for former coach” from Thursday April 26, 2012, here

• “Pe Ell rape trial: Guilty as charged” from Friday April 27, 2012, here

Sharyn’s Sirens: Daily police and fire roundup

June 8th, 2012

PATROL CAR HUGGER BOOKED

• A 21-year-old man who said he wanted to go to jail with his older brother who was arrested on a warrant yesterday was told he was free to leave but instead grabbed the hood of a patrol car, leaned over it and refused to let go, according to police. Michael J. Smith, 21 of Vancouver, Wash., subsequently was taken to the Lewis County Jail where he was booked for obstructing a public servant, according to the Chehalis Police Department. It began with a report of two males fighting at the Lewis County Mall. An officer who caught up with the subjects in front of Yard Birds discovered Jesse D. Smith, 27, of Centralia, had an outstanding warrant from Clark County related to failing to appear in court on a misdemeanor arrest, Officer Linda Bailey said. The younger brother kept saying he wanted to go with his brother, and when he refused to back off, was arrested too, according to Bailey.

THEFT

• A nail gun was stolen from a garage on West Second and North Pearl streets in Centralia, according to a report made to police yesterday afternoon.

• A stolen pickup truck was recovered yesterday on Lowery Lane in Centralia, but its tool boxes were empty, according to the Centralia Police Department.  The red 1991 Ford F350 truck went missing the day before from the 2300 block of Foron Road, according to police.

• Police were called just before 7 p.m. yesterday to the 1000 block of Belmont Avenue where they were told somebody used the victim’s credit card that was stolen in Chehalis. The case is being investigated, according to the Centralia Police Department.

DRUGS

• A 28-year-old Centralia man was arrested for possession of methamphetamine when he was searched following his arrest for a warrant yesterday afternoon in Centralia. Jeremiah R. Johnson was booked into the Lewis County Jail after contact with an officer on M and West First streets, according to the Centralia Police Department.