Read about retirement of Thurston County judge …

October 3rd, 2010

By Sharyn L. Decker
Lewis County Sirens news reporter

The Olympian published a story on Friday about Thurston County Superior Court Judge Richard Hicks retiring.

Hicks, elected in 1992, has been presiding over the civil case of Thompson vs. Wilson, prompting Barb Thompson – who forced an unprecedented judicial review of a coroner’s decision on her daughter’s 1998 death in Toledo – to write, “No, no, no!”

The Lewis County case is still making its way through appeals.
•••

Read news reporter Jeremy Pawloski’s story “Superior Court judge Hicks retires” here.

Read about the five days in court last November after which “Jury finds coroner erred in ruling former troopers death a suicide” here

News brief: Candidate forum set for coming week in Adna

October 2nd, 2010

By Sharyn L. Decker
Lewis County Sirens news reporter

Got a question for any of the men running for Lewis County sheriff, prosecutor or coroner?

A candidate forum for the public is set for this coming Wednesday from 7 p.m. until 9 p.m. at Adna High School.

The local Fraternal Order of Police group has organized the event, similar to a forum it held four years ago that drew more than 250 people to hear from then-Lewis County prosecutor candidates Michael Golden and Don Blair.

Wednesday’s gathering will include five-minute opening statements from each of the candidates and a lengthy period for questions and answers, according to Bradd Reynolds, event chair for F.O.P. Centerville Lodge No. 26.

The night  is expected to feature candidates for prosecutor, challenger Jonathan Meyer and incumbent Michael Golden; candidates for sheriff, challenger Ken Cheeseman and incumbent Steve Mansfield; and candidates for coroner, Warren McLeod and Micheal Hurley.

Moderating will be Adna Schools Superintendent James Forrest, according to a news release from Reynolds.

Adna High School is just north of Highway 6, six miles west of Interstate 5 from the exit 77 interchange.
•••

Below are the candidates’ web sites:

• Warren McLeod from Chehalis:

http://www.warrenmcleodforcoroner.com/

• Micheal Hurley from Mossyrock:

http://www.hurley4coroner.com/

• Ken Cheeseman from Randle:

on Facebook: “Ken Cheeseman for Lewis County Sheriff

• Steve Mansfield from Winlock:

on Facebook: “Re-elect Steve Mansfield for Lewis County Sheriff

• Jonathan Meyer from Centralia:

http://www.meyerforprosecutor.com/

• Michael Golden from Chehalis:

http://www.goldenforprosecutor.com/

Sharyn’s Sirens: Daily police and fire roundup

October 2nd, 2010

ASSAULT

• A 22-year-old Centralia man was arrested overnight for second-degree assault domestic violence after police responded to the 1100 block of South Pearl Street about 1:30 a.m. David M. Cash was booked into the Lewis County Jail, according to the Centralia Police Department.

HEAD BUTTING AND MORE LAND MAN IN JAIL, POLICE SAY

• The Lewis County Sheriff’s Office reported on Thursday they arrested a man on Tuesday for multiple offenses at a Winlock address including reportedly striking a woman with a car door, taking her vehicle twice, hitting her in the head with his head and running his van into her truck. Deputies who responded about 6:30 p.m. to the 100 block of McGlaughlin Road booked Calvin L. Rhodes into the Lewis County Jail for fourth-degree assault, domestic violence, malicious mischief, hit and run and taking a motor vehicle without permission, according to Chief Civil Deputy Stacy Brown.

DRUGS AND WARRANT

• Centralia police arrested a 37-year-old man for possession of unspecified illegal drugs and an outstanding warrant after a contact yesterday afternoon at Harrison and Belmont avenues. Jeramie L. Zerger of Centralia was into the Lewis County Jail, according to the Centralia Police Department.

PANHANDLING ARREST

• Centralia police arrested a man for alleged aggressive panhandling after he reportedly grabbed the arm of an individual who declined to give him money in downtown Centralia. Benjamin R. Hardy, 34, of Centralia, was arrested for pedestrian interference about 6:40 p.m. on Wednesday after the incident on the 100 block of North Tower Avenue, according to police.

CHEHALIS RETIREMENT HOME REPORTS ANOTHER THEFT

• Chehalis police said on Thursday they responded to a report the day before of about $100 missing from a patients room at a retirement center on  Northwest Quincy Place. On Monday, an officer was called to the same place, Chehalis West Assisted Living, to a report of the theft of $40 from a patients room.

STARVING HORSE SEIZED

• A 30-year-old emaciated horse seized from the Winlock area was in such bad shape it had maggots living in open sores but is expected to make a full recovery, the Lewis County Sheriff’s Office reported yesterday. Chief Civil Deputy Stacy Brown said a deputy went to the 1700 block of Winlock-Vader Road on Tuesday following a anonymous tip about a starving horse. The animal is being treated at the Lewis County Animal Shelter and the sheriff’s office is investigating a woman in connection with second-degree animal abuse, Brown said yesterday.

COLLISIONS ALL OVER

• A rollover accident on Thursday afternoon at North Pearl and Sixth streets was caused when a westbound driver ran a stop sign and was hit by a southbound vehicle, Centralia police reported yesterday. Occupants of both vehicles reportedly suffered only minor injuries, according to the Centralia Police Department. It was one of four two-vehicle collisions Centralia police responded to on the same day. None resulted in more than minor injuries, according to police.

• Two people were taken to Providence Centralia Hospital after a motorcycle wreck Thursday evening at the 1300 block of North Fork Road east of Chehalis. Lewis County Fire District 6 was called about 7:15 p.m. to the accident about six miles east of Jackson Highway, according to Fire Chief Bud Goodwillie.

• Three individuals were hospitalized after a two-vehicle collision northeast of Winlock on Wednesday night, according to Lewis County Fire District 15. Responders were called just before 10 p.m. to the area at North Military and Antrim roads, according to Firefighter Kevin Anderson. A fourth person declined to be transported, Anderson said.

• A Mossyrock man escaped serious injury when his vehicle was struck in the rear on Interstate 5 just north of Woodland and rolled over. John A. Vawter, 59, suffered neck and back pain after the Thursday morning wreck but was not hospitalized, according to the Washington State Patrol. His 2007 Ford Edge sustained an estimated $6,000 damage, the state patrol reported. The 24-year-old driver from Castle Rock was taken to St. John Medical Center in Longview with possible injuries to his collarbone and foot, according to the responding trooper. He was cited for following too closely. His 2005 Honda was described as totaled.

Review of July firing of gun by Centralia officer concludes it was justified

October 2nd, 2010

By Sharyn  L. Decker
Lewis County Sirens news reporter

CENTRALIA – The Centralia police officer who fired three shots at a stolen pickup truck after it ran into his patrol car during a pursuit in late July is back on regular duty after a review concluded his actions were within department policy.

2010.0729.ramshoot

Centralia Police Officer Michael Lowrey is shown as he fires at a pickup truck driving away after it struck Lowrey's patrol car.

Centralia Police Department Chief Bob Berg said this week he gave a letter to Officer Michael Lowrey in mid-August saying he concurred with the findings of a review panel.

In a nutshell, according to Berg: “The policy says a police officer has the right to defend themselves or others to apprehend someone committing a felony.”

Lowrey, an 11-year veteran of the department, had been put on modified duty after the incident on July 29 in a north Centralia residential neighborhood.

It happened after a 32-year-old man stole a 1999 Ford F350 from South Gold Street and was chased through town by police officers as well as a pair of men who witnessed the theft. A residential surveillance camera captured the moments on videotape and showed Lowrey’s patrol car facing north on Euclid Way as the truck came south on the same street.

The videotape shows the truck strike the front of the patrol car, back up and then move forward again as though to make a U-turn and strike the patrol car a second time. It shows Lowrey exit his vehicle and take aim with his handgun as the pickup drove away.

The police chief said on Thursday he doesn’t agree the truck was retreating.

“The guy tried to kill him, so he shot at him,” Berg said. “He thought he was gonna ram him again, or (ram) Officer Croy’s (nearby patrol car).”

Lowrey was on medical leave for five days for a minor injury to his head.

Joshua A. Fitchhorn, 32, of SeaTac, was sentenced to almost five years in prison in mid-September, admitting to attempting to elude, hit and run, vehicle theft and third-degree assault in a plea deal. The last charge was lowered from second-degree assault, according to the deputy prosecutor who handled Fitchhorn’s case, because it looked in the video tape as though the brakes on the truck locked up and Fitchhorn was trying not to hit the patrol car.

Berg said he doesn’t place much value on what a deputy prosecutor thinks happened.

The review board selected by the chief consisted of three command-level officers – two from an outside his agency. Washington State Patrol Lt. Ron Rupke, Chehalis Police Department Deputy Chief Randy Kaut and Centralia Police Department Cmdr. Dave Ross met on Aug. 17 to look over officers’ reports and department policies. They also interviewed the officers involved, according to Berg. Their conclusion, Berg read from their memo:

“It is the board’s view this use of force was justified and is within the Centralia Police Department’s policies and procedures.”

The chief’s letter to Lowrey on Aug. 19 released him from modified duty, noted he was required to get re-qualified at the shooting range and let him know counseling was available should he desire.

The firing of guns in the line of duty by Centralia police officers is relatively rare.

The last time a Centralia officer had shot at a suspect was in January during a robbery at the TwinStar Credit Union. Officer Neil Hoium wounded the suspect in that case.

Berg has said he could recall four such incidents in the past 30 years, including one fatal shooting of a robbery suspect in the 1970s.

While the suspect was not hit by a bullet in July’s shooting, he narrowly escaped being struck, according to the chief and others who have seen the damage from the two rounds Lowrey fired.

One traveled through the rear passenger window of the truck, through the passenger headrest and out the lower driver’s side of the windshield. The other bullet entered the driver’s side door just about at ear level.

Chief Berg on Thursday described a simultaneous inquiry that followed the July 29 shooting.

In early August, Berg sent an email to Lewis County Prosecutor Michael Golden requesting his opinion about any potential criminal charges against Lowrey, along with reports from Centralia police on the events.

The following day, Golden responded, according to Berg. The chief read the response aloud on Thursday; he hasn’t yet released any of the documents involved.

“From the information we got, the suspect intentionally rammed the patrol car,” Berg said Golden wrote.

Officer Lowrey would have a valid defense as to the use of force by a peace officer under state law, and the circumstances do not support any criminal charge, Golden concluded, according to the chief.

•••

Watch the uncut video posted by kirotv.com showing the truck striking the front of the patrol car and the officer getting out and firing at the truck.

Booth pleads not guilty to aggravated murder; his fiancee speaks out

October 1st, 2010

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The court hearing for accused murderer John Allen Booth Jr. this morning was low key compared with the Onalaska man’s previous appearances in front of a judge.

2010.0830.booth.first.appearance.close_2

John Allen Booth Jr.

Booth, 31, pleaded not guilty to two counts of aggravated murder, new charges in the August triple homicide in Salkum which could potentially bring a death penalty.

“Do you have any questions of the court at this time?” Lewis County Superior Court Judge Richard Brosey asked.

“Nope,” Booth responded.

Whereas his first appearance in a Chehalis courtroom and his arraignment with Ryan J. McCarthy attracted crowds of family and friends of both victims and defendants, this morning’s hearing drew only a handful of spectators, including Lewis County sheriff’s detectives and Booth’s fiancee.

Booth is charged with murder and extortion in connection with the gunshot deaths on Aug. 21 of David J. West Sr. 52, his son David J. West Jr., 16, and Tony E. Williams, 50, of Randle. He is charged with attempted murder of 51-year-old Denise Salts. The aggravated murder charges are for the deaths of the younger West and Williams.

At the request of defense attorney James Dixon, the judge this morning appointed a second lawyer to assist in the case. The new attorney is among a small number in Washington state qualified to work potential death penalty cases.

Deputy Prosecutor Brad Meagher told Judge Brosey he understands the arraignment triggers a 30-day deadline for prosecutors to decide whether to seek the death penalty, but said he anticipated the new lawyer might want to request an extension.

The two attorneys and the judge discussed allowing Booth his own copy of the  “discovery” – comprised so far of three three-ring binders of investigative materials as the defense prepares for trial.

“I would like a copy for Mr. Booth to review on his own time, without me having to be there,” Dixon said.

Meagher opposed the request, but Brosey agreed, provided identifying information about witnesses is blacked out and that Booth may not show or discuss with anyone its contents.

Outside the courtroom, Booth’s fiancee expressed frustration that he has been painted as a monster. She said people don’t know a lot about the man who was just released from prison in December.

“This is a man who was gainfully employed, he was employed from the time he got out and was signing up for a college class,” Shawna Trent said. “He had his (life) together. We were making a new life together.”

Until Booth was arrested, he was working in Tacoma at a supplier of foam upholstery to the marine and automotive industries, according to Trent. They knew he was a felon, she said.

“They were giving him that chance, and he took full advantage of it,” she said.

Trent, a nursing student, said the couple was engaged in March, underwent what she called a Sharia wedding – an Islamic marriage ceremony – in June and had a December date set for a civil wedding ceremony.

The two decided to go ahead and marry in the near future, even though Booth is locked up, she said.

Those plans got put on hold however, she said, after she called the jail and asked how to go about arranging the civil ceremony. Within days she discovered his collect phone calls to her were blocked and she was barred from further visitation.

Trent, 35, was told her name was on a witness list so she is prevented from having any contact with her fiance.

A trial date has not yet been set for Booth.

If convicted of the higher charges, the only two possible penalties are life in prison without the possibility of release or death.
•••

Read some of the previous stories on the case:

• “Death penalty is on the table” in Salkum slayings from Thursday Sept. 30, 2010 here

• “West Sr. pointed shotgun telling pair of ex-cons to leave his house, triggering triple homicide, unsealed court documents allege” from Saturday Sept. 4, 2010 here

• “Unsealed document: More details on Salkum slayings” from Monday Sept. 6, 2010 here

News brief: Lost mushroom hunters turn up safe

October 1st, 2010

By Sharyn L. Decker
Lewis County Sirens news reporter

Twice in two days mushroom pickers in Lewis County have gotten lost and spent the night in the woods.

A 44-year-old man who was reported missing outside of Packwood last night was found about noon today, according to the Lewis County Sheriff’s Office.

The man, who the sheriff’s office believed was from Olympia, got separated from his friends in the early evening off the 47 Road north of Packwood. He was located today by the individual who made the missing person report, according to sheriff’s Chief Civil Deputy Stacy Brown.

On Wednesday, a man hunting mushrooms south of Mossyrock off Salmon Creek Road was separated from his companions, according to Brown.

He  built a small fire and spent the night outside with his Pit Bull, Brown said. He turned up in the Cedar Creek area east of Toledo the next day, she said

News brief: Morning crash kills Rochester 20-year-old

October 1st, 2010
2010.1001.case.road.fatal_2

The pickup truck driven by 20-year-old Evgeny P. Snyder this morning is brought back onto the road after it crashed into trees. / Courtesy photo by the Washington State Patrol

By Sharyn L. Decker
Lewis County Sirens news reporter

A single-vehicle crash just north of Grand Mound left a 20-year-old Rochester dead this morning.

A trooper called at 7:10 a.m. to Case Road and 183rd Avenue Southwest reported that Evgeny P. Snyder died at the scene. A second trooper today described the location as the 17700 block of Case Road.

Snyder was traveling south on Case Road when his pickup truck left the roadway to the right and he overcorrected, veering into trees on the left shoulder, according to the Washington State Patrol. His 1998 Chevrolet S-10 pickup truck was described as totaled.

The trooper pointed to speeding as the cause. Preliminary estimates indicate Snyder was going at least 70 mph, the state patrol reported. The posted limit is 50 mph.

The investigation concluded he was not wearing a seatbelt, prompting Trooper Guy Gill to ask motorists to please remember to always wear a seatbelt.

“Even a very minor collision can result in serious injury or death if the driver and/or passengers are unrestrained,” Gill wrote in a news release.

It’s not known if drugs or alcohol were involved, according to the state patrol.
•••

This news item was updated at 3:55 p.m. on Friday Oct. 1, 2010