Jail sued over magazine offer for inmates

March 29th, 2012

By Sharyn  L. Decker
Lewis County Sirens news reporter

The publisher of a magazine written for jail inmates has filed a lawsuit against the Lewis County Jail saying its rejection of his publication amounts to a violation of the First Amendment.

The quarterly periodical is free.

Crime, Justice and America says it attempted to arrange delivery to the lock-up facility in Chehalis and were refused, according to its filing in federal court.

Jail Chief Kevin Hanson in his formal answer filed last week denies that his policies unconstitutionally restrict the magazine’s attempt to deliver to inmates or that his jail refused to permit the magazine into the jail.

The suit is filed in U.S. District Court in Tacoma.

It names as defendants Hanson, Sheriff Steve Mansfield who has ultimate decision-making authority over the jail and 20 unnamed employees of the jail.

The magazine describes its target audience as inmates awaiting trial, aiming to educate and inform them about a sometimes confusing criminal justice system.

Crime, Justice and America is distributed free of charge and without a subscription or prior request so jail inmates can receive the information quickly, when they need it, according to information in the magazine’s court filing.

The defendants’ blanket ban on unsolicited publications is exaggerated, not related to a any legitimate penological interest and leaves the magazine with no viable means to communicate with its intended audience, the filed complaint states.

The publisher, Ray Hrdlicka, says it is distributed in numerous counties in Washington, Oregon, California and two other states, according to the filing.

The California-based company says it offered two methods of distribution, either a weekly delivery to be placed in small stacks in common areas or individually addressed to specific inmates but not more than 10 percent of them.

In a document filed last week on behalf of Lewis County Jail Sgt. Julie Frase, Frase states she was the person who the magazine contacted in phone calls in January and February of last year and that they offered no such thing.

Frase wrote they told her they wished to send one copy for every single inmate and they expected the jail to ensure they were individually received.

Jail Chief Hanson says they will accept the magazine, but only in limited quantities and if addressed to specific named inmates.

The inquiry came over a year ago and the jail wasn’t interested, but didn’t violate any law, according to Hanson.

“We reviewed it and due to the volume – they wanted one for every inmate – we said no thanks, we’ll pass,” Hanson said today.

The jail allows reading material inside, as long as it doesn’t jeopardize the safety and security of the facility, Hanson said. And based on the copies of the magazine he’s seen, its content wouldn’t be prohibited, he said.

The plaintiffs specifically allege violations of their rights under the First and Fourteenth amendments of the U.S. Constitution and under Article I, Section 5 of the Washington State Constitution.

They are asking the court for an order to stop violating their rights and damages, partly related to lost advertising, in an amount to be proven at trial.

Sharyn’s Sirens: Daily police and fire roundup

March 29th, 2012

BURGLARY AND OTHER THEFT

• A deputy was called yesterday to a warehouse at Mossyrock Dam where someone had stolen nuts, bolts and an unknown number of six-foot-long “cooling cores”. An employee of Tacoma City Light said someone cut chains on a gate to get inside the property off Young Road then pulled back sheet metal siding to get inside, according to the Lewis County Sheriff’s Office. Whoever it was apparently used a forklift to move large crate to a loading door, according to Chief Civil Deputy Stacy Brown. The cores which are tubular and have “fins” are used to cool generators at the dam. The dollar amount of the loss is not yet known, but they suspect the items were taken for their scrap value, Brown said.

• Police were called about 11 a.m. yesterday to a burglary at a home on the 900 block of North Tower Avenue in Centralia. Taken was a violin and its case as well as a digital camera and other items, according to the Centralia Police Department. Someone had broken through the back door, according to police.

• A 50-inch flat screen television was stolen from a home on the 100 block of Hideaway Hills Lane in Centralia sometime between 8 a.m. and 4:30 p.m. yesterday, according to the Lewis County Sheriff’s Office.

• A deputy was called yesterday evening to a burglary at a home on the 100 block of Sandy Boulevard in Centralia. Taken was a television, a Glock .40 caliber handgun and a portable safe containing passports, birth certificates, checks and other items, according to the Lewis County Sheriff’s Office. A back door had been left unlocked, according to the sheriff’s office.

• Police were called about 7:30 p.m. yesterday to an apartment on the 600 block of Dobson Court in Chehalis after a firearm went missing. The HP semi-automatic pistol and its lock box belonging to a 21-year-old man were taken sometime during that day, according to the Chehalis Police Department. Several people had been in and out of the residence and a door had been unlocked, according to police.

• A deputy was called yesterday afternoon to the 100 block of Aumick Court in Vader after a property owner discovered his black dune buggy had been stolen. The Castle Rock resident told the deputy it was stored under an awning and must have been taken since Sunday, according to the Lewis County Sheriff’s Office. The loss is estimated at $1,500.

• Fishing poles and a duffel bag were stolen from a shed on the 900 block of South Silver Street in Centralia, according to a report made to police about 11 a.m. yesterday. The lock had been cut, according to police.

• Chehalis police were called just after 5 p.m. yesterday to a car prowl on Southwest Ninth Street just west of Market Boulevard. Sunglasses and paperwork were taken, according to the Chehalis Police Department,

• Centralia police were called about 9:40 a.m. yesterday to a car prowl on the 300 block of West Summa Street. Nothing seemed to be missing, according to the Centralia Police Department.

DRUGS

• A 25-year-old man from Rochester was arrested for possession of methamphetamine after police went to a house on the 700 block of West Main Street in Centralia looking for someone with a warrant last night. Officers saw methamphetamine and a small amount of marijuana near Cory R. Aldrich and booked him into the Lewis County Jail, according to Officer John Panco.

WRECK

• A 28-year-old Yelm resident was hospitalized after a single-vehicle wreck at Cousins and Twin Oaks roads west of Chehalis yesterday morning. The driver said she was traveling north and could not stop for a stop sign before her car hit an embankment and ended up in a field, according to the Lewis County Sheriff’s Office. The unnamed driver had a mouth injury and chest pain, according to the sheriff’s office. Her car sustained moderate damage, Chief Civil Deputy Stacy Brown said. The driver was cited for no license, no insurance and for disobeying the traffic sign, Brown said.

Former Winlock man awaits trial for assisting with cleanup, getaway after Olympia murder

March 28th, 2012

By Sharyn  L. Decker
Lewis County Sirens news reporter

A former Winlock-area resident taken into custody following a wild weekend police pursuit has pleaded not guilty to rendering criminal assistance and other offenses related to the aftermath of an Olympia homicide.

Trey Nicholas Jones, 20, was the passenger in a 1999 Kia Sephia that led as many as a dozen patrol vehicles through south Lewis County, as fireworks, full pop cans, duffel bags and a suitcase were tossed from the stolen car, according to authorities.

After the vehicle wrecked on Interstate 5 near Kelso, Jones allegedly admitted that he planned to help the driver – Dwight M. Bradsbery – leave the state following a homicide days earlier in an Olympia apartment, according to charging documents in the case.

He also stated he was injecting methamphetamine during the pursuit, prosecutors allege.

Jones, whose current residence is described by police as “transient”, is being held on $50,000 bail in the Thurston County Jail.

Bradsbery, also 20, is being held on charges of second-degree murder and other related offenses. His bail is set at $250,000. Police say he lives in Olympia.

The pair were arrested March 11 after the wreck.

Detectives from Olympia had been checking around Lewis County since they learned of the homicide the Friday before, according to Olympia police.

One witness lives in Lewis County, the pair had contacts in Centralia and Chehalis, and Jones’ parents live in south Lewis County, according to Olympia Police Department Lt. Jim Costa.

They had gotten information Bradsbery was in the Winlock area earlier that day and asked police there to help find them. Jones grew up in the Winlock area, according to Winlock Police Chief Terry Williams.

According to charging documents, the two were among several individuals at an apartment on Lilly Road in Olympia on the evening of March 8.

The woman who lives in the apartment contacted police early the following day and told of fleeing her home after she saw Bradsbery assault the victim from behind, charging papers state.

The woman, Ajalene Wilson, said she then contacted several other “associates” who had been inside moments before the murder, according to prosecutors.

When Jones was interviewed, he reportedly told police he went inside because he was going to lock the door and keep people out, but instead he supervised the attempted cleanup of the crime scene.

He said he watched, provided direction to others and “masterminded” the cleanup because he was the smartest one, according to prosecutors.

The man police found dead when they went to the apartment is identified as 29-year-old Nathaniel Ollis, an active duty soldier at Joint Base Lewis-McChord. He is from Maine and died from multiple stab and slash wounds, according to the Thurston County Coroner.

Charging documents in the case don’t indicate a motive.

Both Bradsbery and Jones reportedly admitted stealing the car from a female friend in Olympia.

Jones is charged with first-degree rendering criminal assistance and tampering with evidence.

Both men are charged with car theft, attempting to elude and related crimes.

They are scheduled to appear next in Thurston County Superior Court on April 9.

•••

Read “Read about police chase through Lewis County …” from Sunday March 11, 2012 at 6:48 p.m., here

Sharyn’s Sirens: Daily police and fire roundup

March 28th, 2012

POLICE: HOME SECURITY CAMERA PAYS OFF

• A Chehalis resident who kept finding medication missing from her home set up a surveillance system and yesterday morning soon after she left, a neighbor was caught on video coming into her house, according to police. It happened on the 400 block of Southwest William Avenue, Chehalis Police Department Sgt. Gary Wilson said. The system showed images of someone breaking into a portable safe and taking ADHD medicine, Wilson said. One pill was taken, he said. Arrested around 12:30 p.m. and then booked into the Lewis County Jail for residential burglary was Brandee L. Leal-Lopez, 29, of Chehalis, according to police.

COMPUTERS LIFTED FROM OFFICE

• Police were called yesterday morning to an insurance office on the 1200 block of Harrison Avenue where someone had broken a window to get inside and stole several computers. Some of the missing equipment was Dell brand, according to the Centralia Police Department.

MORE COMPUTERS STOLEN

• Someone broke in the front door to a residence on the 500 block of West Second Street in Centralia and stole a computer, according to a report made to police about 6:40 p.m. yesterday.

• Police were called about 4:30 p.m. yesterday to a burglary at a home on the 1100 block of G Street in Centralia. Missing was a Mac computer and an iPad, according to the Centralia Police Department.

VINO AND TOOLS BURGLED

• Somebody broke into a shop on the 100 block of Annonen Road near Vader and stole six bottles of wine, three bottles of “sparkling” wine, a saw and various hand tools, according to the Lewis County Sheriff’s Office. The theft occurred sometime between Friday afternoon and yesterday morning, according to sheriff’s Cmdr. Steve Aust.

Sharyn’s Sirens: Daily police and fire roundup

March 27th, 2012

THEFT IN THE WOODS

• A deputy took a report yesterday morning from an employee of Meek Logging who said he returned after the weekend to find someone had cut the cables and stolen a battery from his bull dozer and loader parked out on the “5000 line” about two and half miles off Cooks Hill Road in Centralia, according to the Lewis County Sheriff’s Office. The loss is estimated at $850, the sheriff’s office said.

CAR PROWL

• Police were called to the 1500 block of Lewis Street in Centralia about 9:35 p.m. yesterday when a man saw a subject take a stereo from a vehicle and run away. A track with a police dog failed to locate the thief, according to the Centralia Police Department.

SECURITY CAMERA STOLEN

• A security video was stolen from a business on the 700 block of Harrison Avenue in Centralia, according to a report made to police just after 4 p.m. yesterday.

SLASHED TIRE

• Police were called about 12:35 a.m. today to the 700 block of Harrison Avenue in Centralia about a slashed tire to a parked car. A suspect was seen on security video from the Travel Lodge, according to the Centralia Police Department.

WRECK

• A 24-year-old Chehalis women was hospitalized with minor injuries after she rolled her Mitsubishi Eclipse on the 600 block of Logan Hill Road yesterday afternoon. A deputy called about 4:20 p.m. concluded she was westbound when she lost control and hit an embankment, causing the vehicle to roll onto its top, according to Chief Civil Deputy Stacy Brown. The damage to the car was extensive, Brown said.

Council member’s lawyer: Cat killing case needs a judge who isn’t paid by the city

March 27th, 2012

By Sharyn  L. Decker
Lewis County Sirens news reporter

CENTRALIA – Centralia City Council member Bill Bates didn’t show up at court today as expected, but his lawyer came in his place, asking for a different judge and prosecutor in his client’s cat shooting case.

2012.0229.susiecat.small

"Susie"

Bates, 60, is charged with killing his neighbor’s pet with a pellet gun. Bates, who is also pastor of a downtown church, has said it was an accident, he was only trying to run it out of his yard.

Centralia attorney Peter Abbarno asked a judge in Centralia Municipal Court this morning to move the case to Lewis County District Court.

“It would be a conflict, almost like prosecuting your own boss,” Abbarno said after the brief hearing. “So I think everyone in the court felt uncomfortable with that.”

The city council is responsible for hiring the city’s judge and prosecuting attorney, Abbarno said.

A substitute judge, Paul Strophy, approved the request.

Bates had been scheduled to make his plea this morning.

The Pannette family called police in late February, after Bates came knocking on their door on Ham Hill Road and confessed what he’d done. He offered to buy them a new cat.

He was subsequently charged – after a review by the city’s prosecutor – with unlawful use of an air gun and killing a pet.

Both are gross misdemeanors, punishable by up to 364 days in jail and a fine.

The incident has sparked outrage among both those who feel it was justified because the animal was on Bates’ property being a nuisance and those believe one shouldn’t use lethal force on other people’s pets.

Dusty Pannette and her family were devastated by the loss of “Susie” who had safely roamed for all 10 years of his life on Ham Hill. They were particularly stunned as Bates had not complained to them their cat was bothering him.

Centralia has no leash law for cats.

The case will be moved to Lewis County District Court, in Chehalis and Bates will appear before a judge there on April 4, according to Abbarno.

The attorney emphasized to news reporters he thought it was an unfortunate accident.

“He didn’t try to hide this, he has no criminal history, it’s not in his nature,” Abbarno said.

Bates is serving his fourth year on the city council and is minister at Destiny Christian Center, an Assemblies of God Church, on North Tower Avenue.

•••

For background, read:

• “Minister, city council member shoots neighbor cat dead with pellet gun” from Thursday March 1, 2012, here

• “Centralia city council member charged for killing neighbor cat” from Tuesday March 6, 2012, here

Sharyn’s Sirens: Daily police and fire roundup

March 26th, 2012

LOST AND FOUND OUTSIDE PACKWOOD

• A 34-year-old Packwood woman was cold, wet and had a possibly sprained ankle after getting lost north of Packwood Friday and spending the night outside. She had gone for a walk about 4:30 p.m. behind her home in the High Valley area into the Butter Creek Canyon area, according to the Lewis County Sheriff’s Office. She called about 5:10 p.m. to say she was lost but then cell phone contact was lost, Chief Civil Deputy Stacy Brown said. The woman, whose name was not released, was found a little after 7 a.m. on Saturday, Brown said. She said her dog kept her warm, according to Brown.

UNDER CLOTHES MISSING

• Chehalis police were called about 6:15 p.m. yesterday about a burglary to an apartment on the 400 block of Northeast Jefferson Avenue. A woman said a drawer full of her underwear were missing. Further details were not readily available.

FIREARM STOLEN

• A deputy was called yesterday about the theft of a firearm from the 1300 block of Ferrier Road in Winlock. Someone got into a vacant house sometime after 8 p.m. on Saturday and left with a .22 caliber rifle, according to the Lewis County Sheriff’s Office.

JEWELRY TAKEN FROM BEDROOM

• A deputy was called yesterday afternoon to the home of a 91-year-old Chehalis-area woman where someone had broken her sliding glass door, gone into her bedroom and stolen about 100 pieces of jewelry, according to the Lewis County Sheriff’s Office. It happened on the 500 block of Brown Road East, the sheriff’s office reported. The loss is estimated at more than $1,000.

WALLET THEFT

• A 46-year-old was arrested for alleged theft and use of credit cards after Morton police were called Thursday night to the 500 block of Adams Avenue about a missing wallet. Leslie S. Matthews was booked into the Lewis County Jail, according to the Morton Police Department.

CAR RUNS INTO ONY STORE

• A 32-year-old Salkum woman was arrested on Friday for hit and run for allegedly running her station wagon into the front of the Justus General Store on the 100 block of Main Street in Onalaska. It happened around 3:30 p.m. and her car struck a freezer out front, according to the Lewis County Sheriff’s Office. The owner took down the license plate information and a deputy found her later at a location on Centralia Alpha Road, Chief Civil Deputy Stacy Brown said. Jenifer A. Wildman was found with a folding knife tucked in one boot and a butterfly knife in the other, Brown said. She was booked into the Lewis County Jail for possession of a dangerous weapon, hit and run and also obstruction as in the patrol car she kept taking off her seatbelt an moving her cuffed hands into the front of her, according to Brown. The damage to the store was not noted by the sheriff’s office.