Onalaska man charged in April’s fatal shooting of suspected burglar

September 24th, 2010

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The man who opened fire on two suspected burglars at his Onalaska house killing one of them, was charged yesterday with first-degree manslaughter and first-degree assault.

Ronald A. Brady, 60, faces a maximum penalty of life in prison if convicted for the events that happened in April.

Thomas McKenzie, 56, of Morton, died from a gunshot wound to his chest, according to charging documents filed in Lewis County Superior Court. His estranged wife, Joanna McKenzie, 32, was fleeing when Brady fired at her, according to charging documents.

Thomas McKenzie’s family was overjoyed upon learning the news, the dead man’s younger sister said this morning.

“I’m so happy; oh gosh, I’ve been bawling my eyes out,” Colleen Wolczak said. “It doesn’t bring my brother back, but I am so grateful.

“A normal person would not be laying in wait in the garage.”

Brady admitted firing at the pair outside his house he was rebuilding on the 2100 block of state Route 508, describing to deputies opening his garage door and finding two flashlights shined in his face, according to charging documents.

He told sheriff’s detectives he was staying overnight at the house in case burglars from earlier in the day returned. Brady resides in a nearby rental home.

Sheriff Steve Mansfield, after the investigation was finished in mid-July, announced he concluded Brady’s use of deadly force was justified and that he would not arrest the homeowner. The Lewis County Sheriff’s Office, however, passed the case on to the prosecutor for his review.

Brady’s phone number is disconnected and could not be reached for comment this morning.

The sheriff’s office investigation determined Thomas McKenzie had gone with his wife to the house intending to burglarize it and the homeowner reacted to protect himself.

Joanna McKenzie was arrested and charged with attempted residential burglary in July.

Charging documents offer the following allegations:

On April 19, Brady reported somebody had broken into the house, moving items stored in his garage. He saw a back window had been broken and found the garage door opened about two inches.

Brady returned to his rental home and collected his .22 caliber rifle and 12-gauge shotgun and then went back to his house on state Route 508.

At about 9 p.m., he could see through the partially open garage door headlights from a vehicle pulling into his driveway and then he heard someone knock on his door. Brady said he also heard someone pound on the wall and say something to the effect the police were coming.

Brady told deputies after he opened the garage door and found flashlights shining in his face, he opened fire at one of them.

“Mr. Brady stated after shooting Mr. McKenzie, he opened fire on Joanna McKenzie as she fled,” charging documents state.

She ran toward the highway and flagged down a motorist to call 911 for help.

Joanna McKenzie told a deputy the couple was at the house with permission to take parts off a truck parked in its driveway.

Her trial for attempted burglary is set for the first week in October.

Wolczak, who spoke by telephone from her home in Salem, said she’s grateful as well her brother’s wife is charged with a crime.

She acknowledges her brother could have been at the house to steal something but blames Joanna McKenzie and her lifestyle for much of that.

“He was fighting and hoping to get his family back, and made poor choices,” Wolczak said.

The couple’s 3-year-old child is now in state custody and Thomas McKenzie’s two other minor children now live with their mother, according to Wolczak.

•••
Read previous stories related to the case:

• “Two more homicide cases now await charging decisions by Lewis County prosecutor” from Saturday Sept. 11, 2010 here

• “Three Lewis County homicides still unresolved as triple-slaying prosecution begins” from Wednesday Sept. 8, 2010 here

• “When is it OK to use deadly force in Lewis County?: Not so simple to answer, sheriff says” from Thursday July 15, 2010 here.

Read the charging documents in Joanna McKenzie’s burglary case here for more details on what prosecutor’s think happened that night.

• “News brief: Sheriff decides not to arrest man who shot burglar in Onalaska” from Monday July 12, 2010 here

• “News brief: Morton woman arrested for burglary in connection with April incident in Onalaska when her husband was fatally shot” from Monday July 12, 2010 here

• “April’s Onalaska shooting death case still awaits decision, reports” from June 15, 2010 here

News brief: Victim refuses to testify against Robbie Russell

September 24th, 2010

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Prosecutors asked a judge to dismiss one of the four cases against Centralia resident Robbie Russell yesterday saying the main witness won’t cooperate.

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Robert Shawn Russell

Russell, 46, was charged with possession of a stolen vehicle, a black Dodge Caliber found on his property late last year a few weeks after he assisted police in capturing a man wanted for an Olympia murder.

The vehicle belongs to Robert John Maddaus Jr., the 40-year-old being held on charges of witness tampering and first-degree murder in the Olympia case.

The Lewis County Prosecutor’s Office wrote in its motion the victim in the stolen property case sent correspondence advising “he does not wish to testify in this matter, that he has nothing to say and that if called to testify he will ruin the state’s case.”

The motion for order of dismissal without prejudice – meaning it could be refiled at a later date – was granted.

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Robert John Maddaus Jr.

Deputy Prosecutor Steve Scott said outside the courtroom later in the day, “It means just what it says.”

Russell remains held in the Lewis County Jail pending three other cases: one from May of this year involving possession of methamphetamine with intent to deliver; one from June of this year; and another from the summer of 2009 in which he allegedly took part in an ambush of a group of teenagers camping in Winlock.

In the Winlock case, his co-defendant was David West Sr., one of three people found shot to death last month in an Onalaska-area home.

Maddaus, the alleged victim of the stolen vehicle, is also facing charges in Lewis County related to possession of pounds of methamphetamine, cocaine and heroin. Russell, who was with Maddaus last November in the red Corvette where the drugs were found, presumably would be a witness in that case.
•••

Read more about Robert John Maddaus Jr. and Robert S. Russell here, here and here.

Centralia parents deny assaulting infant and toddler

September 24th, 2010

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – A lawyer representing the Centralia parents charged in the case of an infant with broken bones told a judge yesterday there is an issue of a possible genetic condition that could have caused the fractures.

Defense attorney Chris Baum is the court-appointed attorney for 30-year-old Raymon E. Bell. The mother, Brandi J. Larson, 28, is represented by Mike Underwood, but Baum spoke for both parents yesterday afternoon in Lewis County Superior Court.

Both pleaded not guilty yesterday to charges of second-degree assault of a child involving two children.

Charging documents describe a 29-day old baby with fractures in her upper left arm, her lower left leg and her right foot. A test also showed the child had THC – an element of marijuana – in its system, according to the documents.

The findings came after the parents took the newborn to the emergency room at Providence Centralia Hospital on June 20 and a social worker contacted Centralia police.

Bell reportedly told hospital personnel he was holding the baby and stumbled, causing it to strike its arm and leg.

The baby has been taken into state custody.

The charges were initially filed last week, and on Monday, prosecutors added the charges involving a toddler. Those charges allege assault of a 2-year-old occurring in April or May of last year. The nature of that alleged assault is not described in court documents.

Bell and Larson are being held in the Lewis County Jail on $25,000 bail.

Baum asked Judge Nelson Hunt yesterday to reduce bail for Bell, a Centralia College student, saying he did have some criminal history that dates back to 2002, but “by and large, he’s been on the straight and narrow.”

The judge said no. Hunt also declined to reduce bail for the mother – a part time Jack-in-the-Box worker.

A trial date was set for the first week in November.

D.E.A. special agent wants you to clean out your medicine cabinet

September 23rd, 2010

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – Ecstasy. Cocaine. Methamphetamine. Heroin.

These are drugs most commonly the subjects of seizures by federal law enforcement agents in Washington.

But prescription drugs?

Their misuse ranks second only to marijuana as the most common form of drug abuse in the country, according to the U.S. Drug Enforcement Administration.

Fifteen years ago, 23 individuals in the state died from accidental overdoses involving prescription drugs, yet by 2008 more than 500 lost their lives.

The alarming rate of prescription drug abuse is part of why the D.E.A. has organized an event this weekend in which ordinary folks can help make a big dent in the growing problem.

The majority of teenagers abusing prescription drugs got them from family and friends, with the home medicine cabinet a primary source, according to the D.E.A.

So on Saturday, collection sites around the state, around the country, will be accepting unused, unwanted expired prescription medications.

The service is free, anonymous, no questions asked, according to officials.

Mark Thomas, the acting special agent in charge of the D.E.A. in Washington, Oregon, Idaho and Alaska, put it this way:

It’s a public safety issue; it’s a public health issue.

“There’s a lot of prescription drugs that get used and diverted in an improper fashion,” Thomas said Wednesday. “We don’t want them to enter into illicit trafficking and a black market, being sold in our communities and schools.”

The nationwide event, called the prescription drug “take back” campaign should be able to get at somewhere between 55 percent and 70 percent of those drugs, according to Thomas.

“It’s really a simple solution, it will really go a long way,” he said.

When people take personal responsibility to get engaged, “you can reduce a ton of this type of problem,” Thomas added.

Among some 30 sites around the state where the public can take their old pills for disposal between 10 a.m. and 2 p.m. on Saturday is the Rochester Community Center at 10140 U.S. Highway 12 Southwest.

The Thurston County Sheriff’s Office is partnering with the federal agency to accept drugs there, as well as at the courthouse in Olympia.

In Washington, the problem continues to be painkillers such as Oxycontin and Vicodin, as well as anabolic steroids, according to the D.E.A. The use of methadone has increased dramatically, the D.E.A. reports.

Seattle’s former police chief, who is now the director of national drug control policy, echoed Thomas’ sentiment in a news release from the D.E.A.

“Prescription drug abuse is the nation’s fastest growing drug problem, and take-back events like this one are an indispensable tool for reducing the threat that the diversion and abuse of these drugs pose to public health,” Gil Kerlikowske said. “The federal/state/and local collaboration represented in this initiative is key in our national efforts to reduce pharmaceutical drug diversion and abuse.”

For other places to dispose of unwanted medications on Saturday, check the D.E.A.’s web site here.

Remembering Nickolas Barnes

September 23rd, 2010

By Sharyn  L. Decker
Lewis County Sirens news reporter

ONALASKA – Nickolas Barnes’ mother has run out of tears.

Just as the anniversary of the death of her 15-year-old son approached, Rachael Smith and other family members learned prosecutors were charging a man with manslaughter, alleging he caused the Onalaska teenager’s death by providing alcohol at an underage drinking party.

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Nickolas Barnes

Nickolas died of alcohol poisoning Sept. 21 of last year, two days after he was found passed out in the front yard of an Onalaska home and was driven to Providence Centralia Hospital.

On Tuesday night, exactly one year later, the teenager’s family held a gathering in his memory.

“Nick would be saying, life goes on,” his grandmother Susan Patterson said. “Thank you for being Nick’s friends. From the bottom of our hearts, we want to thank each and every one of you for your help to us through this year.”

About 40 individuals shared coffee, cookies and stories at the new Onalaska Community Youth Center.

Nineteen-year-old Eric Messal spoke of goofy teenage boy capers that made Patterson “shush” him. Patterson talked of the tenderness her grandson showed when their home flooded and he made sure his great grandmother got put in a rescue boat first.

Nickolas was a sophomore who really liked football, Messal said.

He grew up in West Seattle and moved to the small rural community in the eighth grade.

His “substitute” grandparents traveled to Onalaska to attend the gathering. Betty Anderson said she thought it was a wise thing for Nickolas to get away from the influences of the city as he grew older.

The evening was meant to remember his life, not his death, his grandmother said. But outside and away from the crowd, one of Nickolas’s former girlfriends talked about losing a friend.

Tiffani Weiher, 16, said partying is not for her any more.

“Ever since Nick passed, I’ve really re-thought everything,” she said. “I’ve made sure I got closer to God, and my friends.”

Tiffani wasn’t there, but she knows the drinking game being played that night at the house, she said.

Shot for shot, she said. “The first person to pass out has to be the party favor,” Tiffani said.

Nickolas’s friends removed his clothes and wrote on his body with a black marker, according to court documents. They later tried to put his pants back on him and covered him with a blanket.

“Personally, I just think it’s the stupidest game ever,” Tiffani said.

Nickolas’s blood alcohol level was .32, according to charging documents, which is four times the legal limit for an adult while driving under the influence.

Charging documents in Lewis County Superior Court describe a gathering last year in which nine teenagers drank beer which belonged to the only adult who was present, 28-year-old James W. Taylor who lived at the Onalaska house with two teenage children and some other adults.

Some of the teens reportedly gave Taylor money to purchase more beer around 10:30 p.m. that night.

Charging documents in Taylor’s case include the following:

At about midnight, Nickolas and a 16-year-old boy played “shot for shot” with vodka. The two consumed more than 11 shots and then Nickolas drank from the bottle until two boys took it away from him.

A few minutes later, Nickolas passed out.

Prosecutors allege Taylor told the teenagers to “let him sleep it off.”

The vodka was brought by Nickolas for a previous party there, the documents say.

At about 1:30 a.m. or 2 a.m. two adults arrived and found him in the front yard, not breathing, his lips blue.

Taylor and another man took Nickolas to Providence Centralia Hospital, where twice he was revived and flown to Mary Bridge Children’s’ Hospital.

He was taken off life support the evening of the 21st, according to his grandmother.

Taylor, now 29, was charged last Friday with second-degree manslaughter, meaning prosecutors believe he negligently caused the teenager’s death.

He was also charged with failing to summon assistance for Nickolas and with seven counts of furnishing liquor to minors. If convicted as charged, he could face as much as 27 months in prison, according to the Lewis County Prosecutor’s Office.

Taylor is scheduled appear before a judge on Oct. 5.

•••

Read previous stories:
• “News brief: Criminal charges filed in Onalaska teen’s alcohol poisoning death” from Friday Sept. 17, 2010 here.
• “Two more homicide cases now await charging decisions by Lewis County prosecutor” from Saturday Sept. 11, 2010 here.
• “Three Lewis County homicides still unresolved as triple-slaying prosecution begins” from Wednesday Sept. 8, 2010 here.

Sharyn’s Sirens: Daily police and fire roundup

September 22nd, 2010

CENTRALIA MAN WHO REPORTED HE WAS KIDNAPPED FROM KMART FABRICATED STORY, POLICE SAY

• Chehalis police concluded an investigation yesterday of a man who said he was car jacked at gunpoint from K-Mart and forced to drive to Thurston County where he was pistol-whipped, robbed and dumped in the woods earlier this month. “It didn’t happen,” Chehalis detective Sgt. Rick McNamara said. Dennis E. Burns, 56, from Centralia, was arrested yesterday morning and booked into the Lewis County Jail for false reporting and obstructing a public servant, “Both gross misdemeanors,” McNamara said. “I wish they were felonies ’cause he wasted a lot of my time.” Burns made the report to the Chehalis Police Department on Sept. 3, saying the kidnapping occurred two days earlier from the Chehalis retailer. The sergeant said the primary indication the story wasn’t true was he obtained video showing Burns shopping at Sears at the Tacoma Mall during the same hours Burns claimed he was being car jacked in Chehalis. Burns also described his captors as cutting off his pony tail, which actually was missing when he made the report, McNamara said. The Centralia man couldn’t explain how he could be in two places at the same time, according to McNamara. The sergeant said he could only speculate about the motivation in making the report. Burns and Burns’ girlfriend said the supposed assailants stole his $400 rent money, he said.

SHOPPING SPREE ENDS WITH ARREST

• A 23-year-old Chehalis woman was arrested yesterday for identity theft and two related crimes for allegedly using somebody else’s credit card number and making an estimated $3,600 of transactions. It began Sept. 7 with a theft report from the 200 block of Panisco Road in Cinebar and ended yesterday when Andrea Harris, 23, was picked up at the Lucky Eagle Casino in Rochester, according to Lewis County Sheriff’s Office. She was booked into the Lewis County Jail, according to sheriff’s Cmdr. Steve Aust.

THEFTS

• Centralia police took a report yesterday morning of the theft of an undisclosed amount of money from a burglary at a business on the 700 block of Park Way.

• Centralia police took reports of five car prowls between Monday morning and this morning. Stereos were removed from two vehicles on the 1300 block of Delaware Avenue in incidents reported shortly before 7 a.m. today. On Monday morning on the 200 block of Jackson Street, a compound bow and a tool box were reported taken from a truck. Also Monday, medication was removed from a purse sitting in a vehicle on the 2000 block of Borst Avenue and a backpack was stolen from another vehicle on the 900 block of South Pearl Street, according to the Centralia Police Department.

• Chehalis police took a report yesterday of somebody breaking into a vehicle and stealing medication.

MISSED TURN CAUSES SEMI-TRUCK DRIVER THOUSANDS

• The Lewis County Sheriff’s Office reported this morning the driver of the big rig that crashed and burned yesterday near milepost 6 of Bunker Creek Road outside of Chehalis suffered only minor cuts and bumps. Jerry Nolan, 56, of Hoquiam, was southbound when he failed to negotiate a corner, sheriff’s Cmdr. Steve Aust said. The 1997 Kenworth – pulling a lowboy trailer loaded with a dump truck – rolled over into a field, Aust said. Nolan was getting out the truck when it caught fire, according to Aust. The Kenworth was a total loss and the damage to the trailer and vehicle it was hauling was estimated at $10,000, he said.

“YOU CAN’T HIT THE POLICE”

• The Lewis County Prosecutor’s Office reported this morning a 26-year-old man was found guilty by a jury of third-degree assault yesterday in Lewis County Superior Court. Garrick C. Wall, of Kirkland, was charged in May for an incident that occurred while a Chehalis police officer was making an arrest at a downtown bar, according to authorities. Officer Chris Taylor was assaulted. Police detective Sgt. Rick McNamara said the officer is fine. “He wasn’t really injured, but you can’t hit the police,” McNamara said this morning. Wall faces a sentence somewhere between nine and 12 months, according to the prosecutor’s office.

News brief: Mushroom picker found alive this morning

September 22nd, 2010

By Sharyn  L. Decker
Lewis County Sirens news reporter

The missing mushroom picker in the Gifford Pinchot National Forest has been found and he is ok, the  Skamania County Sheriff’s Office reported just moments ago.

Search and rescue crews have been looking for the 84-year-old Lakewood man south of Randle and northwest of Mount Adams. He was last seen about 3:30 p.m. on Monday.

Read Richard Thompson’s story on KIRO 7 news’ web site and watch the video here.

•••
Read yesterday’s news item about the missing person report here.