Lewis County Sirens.com

Updated at 6:45 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Mossyrock man was found not guilty this afternoon of felony harassment, a case in which prosecutors tried to prove he threatened with his manner and actions to kill Mossyrock Police Chief Jeremy Stamper during a traffic stop in June.

Wayne Burdette

Wayne Burdette, 44, was arrested on June 16 and has been held in the Lewis County Jail on $500,000 bail.

The jury deliberated about four and half hours today in Lewis County Superior Court.

They did find Burdette guilty of obstruction, a gross misdemeanor with a maximum penalty of one year in jail.

Burdette was charged with felony harassment; threat to kill and also with obstructing for his June 10 encounter with Officer Stamper.

Chief Deputy Prosecutor Brad Meagher described to jurors yesterday how when he was pulled over for speeding, Burdette got out of his truck with his right hand behind his back and advanced on Stamper – after being told to stay put – forcing the officer to draw his pistol and retreat behind his patrol car.

Defense attorney Ken Johnson said his client was using profanity when he he got out of his truck and went back to the police car, saying he wanted to see the radar. Then he got back in his truck.

After a trooper arrived for backup, a loaded .40 caliber pistol was found in the small of Burdette’s back; it had a bullet in the chamber and the safety was off, Meagher explained.

As Burdette lay face down on the ground, Burdette commented, “No wonder why we walk into a coffee shop and shoot four of you”, according to Stamper and Trooper Jason Hicks.

Johnson told the jury it wasn’t illegal for Burdette to carry the gun. Burdette holds a concealed weapons permit.

After the verdict, Johnson said he thought the jury understood the issue.

“There’s a big problem sorting out Mr. Burdette’s intent,” he said. “Also a problem, if you can threaten to kill somebody, without doing something verbally.”

A person may perceive they are being threatened in some fashion, but it’s conceivable it never entered the defendants head at all, he said.

Johnson said he believed it would have been reversed on appeal if his client was found guilty.

The jury was also given the choice of misdemeanor harassment and found Burdette not guilty of that.

Burdette will be sentenced on Tuesday morning.

Burdette has no felony criminal history, but has a conviction for a gross misdemeanor sex offense. He is a level one registered sex offender who recently moved to Lewis County.

His bail was increased twice after his arrest, in part because Lewis County sheriff’s detectives subsequently found a journal in Burdette’s trailer home containing statements such as “How to kill cops” and “Teach body armor weak spot”, according to court documents.

The judge lowered his bail today to $5,000, but Burdette’s attorney said he doesn’t have that, so he remains locked up.

Johnson said Burdette wants to appeal the guilty finding on obstruction.

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Read “Burdette: Defendant’s lawyer says he was the threatened one, not the officer” from Thursday August 18, 2011, here

A Chevrolet Malibu rests in front of a home on Yew and Alder streets.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CENTRALIA – Two cars collided at the intersection of Yew and Mellen streets in Centralia today, a wreck that sent each one crashing into a different house.

One of the vehicles continued an entire block south before striking a home at Yew and Alder streets.

It happened when an 88-year-old man southbound on Yew Street thought he had another block to go before coming to the stop sign at Mellen Street, a main arterial, according to Centralia Police Officer Tracy Murphy. He went through the stop sign without slowing at all, Murphy said.

“But for the grace of God, nobody got really hurt,” Murphy said. “No one’s dead.”

The driver of the other car, a woman, was taken to Providence Centralia Hospital with a broken lower leg.

Her white Chevrolet Malibu took out part of a wooden porch at an unoccupied home that is part of the Alder House – a group home.

Murphy thought she may have kept going because her broken leg kept her from putting on the brakes. Another officer suggested a brake line could have been severed.

Lisa Hazlett was on her back porch talking on the telephone at about noon when she heard the crash and then saw the woman pass by, seemingly in distress.

“I could see the white car trying to stop, but she was panicking,” Hazlett said.

After checking on her and calling 911, Hazlett walked back to her residence, to find a gold Buick with its nose stuck against her house.

The man, and his passenger were unhurt, according to responders.

But the north wall of Hazlett’s house was broken, throwing pieces of sheetrock into her living room and dislodging the inside brickwork of her fireplace. Several knicknacks lay on the floor.

The large window above surprisingly didn’t even crack, she said.

Murphy said he expected the Centralia man would be getting a ticket.

A gold Buick sits snug against the north wall of Lisa Hazlett's house on Yew and Mellen streets.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Mossyrock man on trial for allegedly threatening to kill Mossyrock Police Chief Jeremy Stamper never did that and only made a derogatory statement about police because he was threatened with being shot when he was pulled over for speeding, a jury was told today by the man’s defense attorney.

Wayne Burdette, 44, is charged with harassment; threat to kill and also with obstructing in connection with his June 10 encounter with Stamper.

Wayne Burdette in court today

“Mr. Burdette naturally believes his rights were violated here and that he’s a victim of police misconduct,” attorney Ken Johnson told the jury this morning.

A panel of eight women and four men are hearing the case in Lewis County Superior Court in Chehalis.

Johnson spoke only briefly in his opening statements before lunch, describing Burdette as using profanity when he he got out of his truck and went back to the police car, saying he wanted to see the radar. Stamper pulled out his weapon, Johnson said.

“There’s no threat (from Burdette), they are exchanging some words, Mr. Burdette was angry,” Johnson said. “Eventually Mr. Burdette goes back to his truck and sits down.”

Johnson went on to say that what followed, was his client was forcibly removed from his truck, again at gun point, after an arriving trooper observed a weapon in the small of Burdette’s back.

The prosecutor didn’t mention Burdette holds a concealed weapons permit, Johnson said. The attorney told the jurors his client will testify he carries his gun everywhere it’s lawful to have it.

“It’s not a crime, it’s not illegal,” Johnson said.

Johnson said it’s an unusual case, without a lot of disputed facts, but facts that can be subjected to more than one perspective.

“Let’s be perfectly clear here, he never at any time threatened to kill the officer,” Johnson said.

Chief Deputy Prosecutor Brad Meagher in his opening statements told jurors Burdette’s actions constituted the threat.

It happened about 11 o’clock at night, Officer Stamper was alone and he had told Burdette to please stay in his vehicle while he went back to his patrol car to write a ticket, Meagher said.

With his patrol lights shining on Burdette’s truck, he could see the man lay down in his vehicle and then get back up again, Meagher told the jurors.

That made the officer apprehensive, according to Meagher.

Then, Meagher said, the defendant “launched” out of his vehicle, both feet at the same time and advanced on Stamper with one hand behind his back.

Stamper got out with his gun, telling Burdette to show his hands, but Burdette continued to walk toward him, even though he was being told to get back in the vehicle, Meagher said.

“Stamper retreats behind his car, and says, ‘If you take one more step, I’m going to shoot you’,” Meagher said.

“That’s a threat on that officer’s life by a man walking towards him with his hand behind his back,” Meagher said.

Stamper called for backup, and Trooper Jason Hicks saw the gun on Burdette – who by that time was back in his truck.

After Burdette was handcuffed, they took his weapon; “It was loaded, there was a bullet in the chamber, and the safety was off,” Meagher said.

Burdette’s actions constituted a threat, Meagher told the jurors.

What jurors didn’t hear in opening statements was that as Burdette lay face down on the ground, Burdette said, “No wonder why we walk into a coffee shop and shoot four of you.”

Burdette was arrested a week after the traffic stop for felony harassment, when Lewis County Sheriff’s Office SWAT officers visited his trailer.

A search of his trailer turned up a journal containing statements such as “How to kill cops” and “Teach body armor weak spot”, as well as a loaded shotgun just inside his doorway, according to court documents.

A second notebook found by sheriff’s detective Dan Riordan reportedly included a detailed account of the Lakewood police shootings and contained the statement, “Maurice Clemmons gave them too much warning”, according to prosecutors.

The supplemental information from the search was submitted previously to persuade a judge higher bail was necessary, and to show the true nature of the threat Burdette made on June 10, according to prosecutors.

Burdette’s bail is set at $500,000.

The trial was expected to resume after lunch and last two days.

Burdette has no felony criminal history, but has a conviction for a gross misdemeanor sex offense. He is a level one registered sex offender.
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For background, read:

• “Prosecutors: Armed Mossyrock man who threatened police officer kept journal with details on Lakewood cop killings” from Wednesday June 29, 2011, here

• “News brief: Trial for armed Mossyrock man who allegedly threatened police officer set to last two days” from Thursday July 14, 2011, here