This news story was updated at 8:59 p.m.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – After several false starts, lawyers finalized a plea agreement today with one of the two men accused in last summer’s triple homicide near Salkum.
Ryan J. McCarthy
Ryan J. McCarthy expects to be sentenced to about 14 years in prison and told a judge in a written statement today he did not commit any of the crimes he was originally charged with, including three murders.
He did however plead guilty to three other offenses to take advantage of a plea agreement.
The 30-year-old from Redmond also stated he will not testify: “He’s not going back to prison having testified against (John) Booth or anybody,” his lawyer clarified after the court hearing.
McCarthy was in Lewis County Superior Court this afternoon as Lewis County Chief Criminal Deputy Prosecutor Brad Meagher recited a summary of the testimony and evidence that jurors would have heard if he went to trial.
Meagher’s statements made clear he views McCarthy as an accomplice and not the shooter.
McCarthy and former Onalaska resident Booth Jr. were both charged after last year’s Aug. 21 shootings of David West Sr. 52, his son David West Jr., 16, and a friend Tony E. Williams, 50, of Randle. Denise Salts, then 51, who was also at the house off Gore Road, survived a gunshot wound to her face.
Both men are accused of attempted extortion.
The shootings have been described by law enforcement as related to a drug debt collection, but Meagher today suggested a slightly different description.
“We have evidence these guys were ‘taxing’ folks,” Meagher said.
Meager told the judge the evidence would show Booth and McCarthy went to West Sr.’s house to collect money for drug debts or a “perceived” debt owed to Robert “Robbie” S. Russell.
“For example, if somebody caused Robbie to have to post bail, that might be considered a debt in the drug world,” Meagher said outside the courtroom.
Russell, 47, was named early on as a person of interest in the case, but never charged.
Russell was arrested numerous times in the year before the Salkum slayings, each time posting higher and higher bail.
The earliest case was from June 2009 when Russell and West Sr. were accused of ambushing several teenagers camping outside Winlock. West Sr. was a witness in the pending case against Russell.
Russell was sent to prison last December for six years.
Meagher today told Judge Richard Brosey that if McCarthy went to trial, a witness would testify that Russell, Booth and McCarthy showed up at West Sr.’s home a week or two before he was shot.
Jessica Porter, West Sr.’s step-daughter, would have testified West Sr. said he was being blackmailed and had to give them $1,000 to go away, Meagher said.
Another witness would have testified McCarthy and Booth told her they were “taxing” people, Meagher said.
John Lindberg would have testified West Sr. asked him for money when McCarthy and Booth showed up on Aug. 21 because “people wanted money”, Meagher said.
Lindberg would say West Sr. grabbed a shotgun to get them to leave, at which point West Sr. was shot, Meagher said.
“And then Mr. Booth went around and shot David West Jr., Denise Salts and Tony E. Williams,” Meagher told the judge.
A gun of the same type of firearm used was recovered in Spokane after a jail-house phone call made by Booth; whose DNA was found on it, Meagher said.
“In summary, three people were shot and killed, one person was shot in the face and survived and Mr. McCarthy was there,” Meagher said.
McCarthy’s attorney, Rick Cordes of Olympia, said his client passed a polygraph test.
McCarthy today pleaded guilty pursuant to a doctrine referred to as “In re Barr”, in which he pleaded guilty to crimes he did not commit to escape the consequences of more serious charges.
McCarthy pleaded guilty to first-degree robbery, first-degree burglary and attempted extortion.
His pleas came also under the Alford or Newton doctrines, meaning he didn’t admit guilt but agreed if a jury heard and believed the state’s evidence, he would likely be found guilty.
The state plans to recommend he be sentenced to 168 months on the most serious charge, robbery, and less time on the the other counts with time to be served concurrently. The top of the standard sentencing range for robbery is 171 months.
McCarthy’s attorney Cordes afterward said he wouldn’t describe his client as happy about the outcome.
“It’s pretty hard to agree to give up 14 years,” Cordes said. “But the risk (of trial) is high.”
McCarthy’s sentencing is set for Sept. 28. Booth’s trial is scheduled for November.
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See the most recent story on the case, “Salkum triple homicide: Deal, no deal” from Sunday Aug. 14, 2011
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