News Releases - August 2009

On August 31, 2009, Mark Barrett, age 50 of Onalaska, was found not guilty by a jury in Lewis County District Court of Assault in the Fourth Degree and Unlawful Display of a Weapon. The Defendant was originally charged by complaint on June 10, 2009.

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NEWS RELEASE

August 31, 2009

On August 27-28, 2009, the trial of Caleb Leedy Kisor, 20 of Chehalis, took place in Lewis County Superior Court on the charge of Attempted Child Molestation in the First Degree. The jury could not reach a verdict and, as a result, Judge James Lawler declared a mistrial. A new trial date will be set in court on September 17, 2009.

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Alvin Fitzgerald, 69, of Chehalis was scheduled for trial before Superior Court Judge Richard Brosey on August 31, 2009. Fitzgerald was originally charged by Information on June 9, 2008 with Assault in the Second Degree. At the request of the defense,trial has been continued to the week of January 11, 2010.

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NEWS RELEASE

August 27, 2009

On August 27, 2009, Lewis County Superior Court Judge Nelson Hunt dismissed with prejudice the criminal case against Daniel Alexis Garcia, age 20, of Tacoma. Mr. Garcia had been charged by Information on May 26, 2009 with the crime of Harassment-Threats to Kill-Domestic Violence for having allegedly made threats on the life of his sister while he was being booked into the Lewis County Jail following an arrest by the Morton Police Department for Driving Under the Influence of Intoxicants. The dismissal came as the result of a Lewis County Sheriff’s Office Correction Officer’s failure to appear to testify. Although Judge Hunt found no fault on the part of the Prosecuting Attorney, because the jury had already been impaneled, he held that a retrial would violate the prohibition against double-jeopardy.

The Probable Cause Statement filed along with the Information on May 26, 2009, details the statements allegedly made by Mr. Garcia to the Corrections Officer during the booking process. Testimony at trial by the Officer would have been the only direct evidence of threats having been made by the defendant. Attempts by the Lewis County Prosecuting Attorney’s Office and the Lewis County Sheriff’s Office to locate the witness have so far been unsuccessful.

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NEWS RELEASE

August 26, 2009

Blake West, age 16, of Randle, Washington was convicted of Residential Burglary and Theft in the Second Degree at a fact-finding hearing held before Judge Richard Brosey, Lewis County Superior Court, Juvenile Division on August 25, 2009.West was charged by information on February 2, 2009. Sentencing will be held on September 15th, 2009.

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NEWS RELEASE

August 24, 2009

Linda Lee Reichel, 48, of Rainier, was ordered on Friday August 21, 2009, to pay $276,623.16 as restitution to Daniel Shoultz Contractor, Inc., of Centralia, by a Lewis County Superior Court judge. Reichel, who had been employed as a bookkeeper by Shoultz, was charged in October of 2007 with Theft in the First Degree after an investigation revealed that she had stolen thousands of dollars from the company’s business accounts. Reichel pled guilty to the charge in September of 2008 and was sentenced in February of 2009. A restitution hearing was scheduled for Friday. At the hearing, Reichel and the Lewis County Prosecutor’s Office presented an order stipulating to the restitution amount, which was accepted by the court.

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David Lee Martin, 19, of Toledo, Washington, was found guilty of Attempting to Elude a Pursuing Police Vehicle on August 24, 2009 by Lewis County Superior Court Judge James Lawler. David Martin was charged by Information on May 21, 2009 with Attempting to Elude a Pursuing Police Vehicle and Driving While License Suspended. The Driving While License Suspended charge was dismissed prior to trial. David Martin was sentenced on August 24, 2009. While the State requested that the defendant be sentenced to 60 days in jail, Mr. Martin was sentenced to 30 days in jail, the option for alternative sanctions, to commence immediately.

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Kraig Kostanich, age 31 of Chehalis, was found not guilty by a jury in Lewis County District Court on August 24, 2009, of Driving Under the Influence. The Defendant was originally charged by complaint on May 27, 2009.

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NEWS RELEASE

August 21, 2009

On August 19, 2009, at a motion hearing in the matter of State v. Homan, in Lewis County District Court, Defendant’s Motion to Dismiss was heard before Judge Michael P. Roewe. At that time the charges of Failure to Report, Making a False or Misleading Statement to a Law Enforcement Officer, and Obstructing a Law Enforcement Officer were before the Court. The State conceded that there were not facts to support Failure to Report, which was dismissed, but challenged the other two charges and filed response for those two counts. The Court ruled that only the facts set forth in Defendant’s Motion would be considered, as the State’s Motion filed that day prior to the hearing was deemed untimely. The Court heard argument from the parties and took the matter under advisement. Today, after reviewing Defendant’s Motion, the Court held that all counts would be dismissed without prejudice as there were no facts in Defendant’s Motion to support the charges. The Court did not preclude the State from filing response in any possible future refiling. Based upon the dismissal being without prejudice, the State may refile the charges in normal course, if it chooses to do so.

Because of the nature of the case, Lewis County Prosecutor Michael Golden has placed the deputy prosecutor who supervises the District Court deputies, and was the deputy in charge of this case, on administrative leave pending the conclusion of an investigation.

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NEWS RELEASE

August 20, 2009

Nathan Jeffrey Holmes, 22, of Pe Ell, was found guilty at a bench trial in Lewis County Superior Court of Failure to Obey an Officer. Holmes had been charged by Information on November 18, 2008 with Attempting to Elude a Pursuing Police Vehicle but Superior Court Judge Nelson Hunt found that Mr. Holmes’ conduct was inappropriate and criminal but not reckless beyond a reasonable doubt and so convicted him of the lesser included offense. Nathan Holmes faces a possible sentence of a maximum $1,000 fine and zero to 90 days in jail. Sentencing is scheduled for September 16, 2009 at 9:00 a.m.

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NEWS RELEASE

August 18, 2009

On August 18, 2009, prior to the case proceeding to trial by jury, the State had to dismiss its case based upon the failure of the alleged victim to appear for trial. The Defendant Brian B. Coleman, age 59 of Randle, was charged with Assault in the Fourth Degree Domestic Violence and Harassment Domestic Violence. Judge R.W. Buzzard will rule as to whether or not the charges must be dismissed with or without prejudice at a later date. The Court noted that in either event the dismissal was not by fault of the State.

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NEWS RELEASE

August 14, 2009

Raymall Arthur Jameson, Jr., 52, of Tacoma, Washington, was convicted by a jury on August 13, 2009, in Lewis County Superior Court for Felony Driving Under the Influence, Driving While License Suspended in the First Degree, and Ignition Interlock Violation. Mr. Jameson was charged by Information on June 22, 2009. The Defendant is facing 41 to 54 months in prison. Sentencing is set for August 26, 2009.

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NEWS RELEASE

August 14, 2009

James Dean Hamrick, 26, of Packwood, was convicted by a jury on August 14, 2009, in Lewis County Superior Court for Assault in the Fourth Degree – Domestic Violence after a jury could not reach a verdict on the greater charge of Assault in the Second Degree – Domestic Violence. Hamrick was charged by Information on June 17, 2009. The Defendant faced a sentencing range of 0-365 days in jail. On August 14, 2009, Judge James Lawler imposed a sentence of 275 days in jail.

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NEWS RELEASE

August 10, 2009

Donald L. Gilpin, age 35 of Chehalis, was found guilty on August 10, 2009, by a jury in Lewis County District Court of Assault Fourth Degree with a special verdict of Domestic Violence. The Defendant was originally charged by citation on May 28, 2009, and is facing up to 365 days in jail and $750 in fines as well as court costs and assessments, monitored probation, a domestic violence impact panel, and any other conditions set by the sentencing judge. A sentencing date will be set once a presentence investigation has been done by the Lewis County Probation Department.

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NEWS RELEASE

August 7, 2009

Gary Nelson Erdman, 44, of Ethel, Washington, was found not guilty on August 7, 2009 by Judge James Lawler in Lewis County Superior Court. Gary Erdman was charged by Information on January 28, 2009 with Failure to Register as a Sex Offender. The admission by the defendant that he had not slept at his registered address in two months was found to be insufficient proof of his having changed residence without notification to authorities.

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NEWS RELEASE

August 7, 2009

On August 6, 2009, at a trial confirmation hearing in Lewis County District Court, Judge R.W. Buzzard granted defense counsel Jonathan Meyer’s motion to dismiss all criminal charges against Defendant Everett L. Fairchild on the basis that the Defendant had been prejudiced in his case. The Defendant, age 48 of Toledo, was charged by complaint with one count of Assault in the Fourth Degree with Sexual Motivation and three counts of Indecent Exposure out of alleged incidents that took place between 2007 and 2008.

On July 30, 2009 the State made a motion to reset the trial until one week later so that the Prosecution might review recently received defense witness information, and so that there would be sufficient days available for trial. Judge Michael P. Rowe granted the motion and reset the trial for August 11, 12, 13 and 14. On August 6, 2009 defense counsel argued that because of the one week delay, two proposed defense witnesses would not be available to testify at trial. All charges were dismissed by Judge R.W. Buzzard with prejudice. The Lewis County Prosecuting Attorney is waiting to review the Court’s forthcoming written findings of fact and conclusions of law before deciding what action to take.

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NEWS RELEASE

August 4, 2009

Anthony Keatley Scarsella, of Centralia, was acquitted by Judge Brosey on August 3, 2009 in Superior Court for Lewis County—Juvenile Division, after a two day bench trial, of three counts of Vehicular Assault. Scarsella was charged by information on March 11, 2009. Scarsella was charged with operating a motor vehicle with disregard for the safety of others, causing substantial bodily harm to another.At the fact finding hearing, the State offered evidence that on or about the evening of Saturday, November 22, 2008, Anthony Scarsella was 16 years of age and operating a motor vehicle on an intermediate license that prohibited him from carrying the four juvenile passengers that were with him that night. The vehicle had seat belts for only three of the four passengers. In heavy fog, while driving in excess of the speed limit, Mr. Scarsella ran a stop sign at a T-intersection, crossed an unimpeded lane of traffic, jumped a ditch and crashed into an embankment. Three of the passengers were badly hurt, with injuries ranging from a broken pelvis, to a fractured skull and subdural hematoma to a broken nose. At the close of evidence, Judge Richard Brosey ruled that the State failed to establish Mr. Scarsella’s actions constituted disregard for the safety of others. The State has no right of appeal from this decision.

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On August 3, 2009, Anthony E. Bannwarth, age 34 of Olympia, was found guilty of Driving Under the Influence by a jury in Lewis County District Court. The Defendant was originally charged by citation on March 30, 2008. The Defendant is facing up to 365 days in jail and $5000 in fines as well as court costs and assessments, monitored probation, alcohol treatment, and any other conditions set by the sentencing judge. A sentencing date will be set once a presentence investigation has been done by the Lewis County Probation Department.

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NEWS RELEASE

August 3, 2009

On July 27, 2009, the Western Washington Growth Management Hearings Board, the state administrative agency entrusted with enforcing the Growth Management Act (GMA), ruled that Lewis County has complied with the requirements of the GMA and the Growth Board’s orders concerning the expansion of the Urban Growth Areas of the Cities of Napavine and Toledo.

In 2008, Vince Panesko of Richland, Washington, Eugene Butler of Chehalis, and Futurewise, a community-based organization, appealed the County’s decision to the Growth Board, challenging the methodology used to determine the amount of land needed to accommodate the City of Napavine’s future growth. In it s July 27^th ruling, the Growth Board approved a 404-acre expansion of the City of Napavine’s urban growth area, primarily extending west to and along Interstate 5. The Growth Board specifically recognized and noted the City’s need to expand to accommodate anticipated future growth.

The Board also approved the December 2007 expansion of the City of Toledo’s Urban Growth Area by approximately twenty (20) acres, including land to accommodate development proposed by the Cowlitz Indian Tribal Housing Authority. The City of Toledo approved the annexation of the additional lands in April 2008 and filed notice of its intention to annex with the Boundary Review Board. No one filed objections to the proposed annexation and it became final. The Growth Board’s July 27^th ruling recognizes the finality of the annexation.

In a separate matter, the Lewis County Board of County Commissioners will hold a hearing on the proposed designation of agricultural resource lands (ARL) on August 10 at 10 a.m. in the Board of County Commissioners Hearing Room in the Historic Courthouse in Chehalis. All interested persons, including but not limited to those whose land has been proposed for designation as ARL, are encouraged to attend the hearing. The proposal has been posted on the County website and distributed to library branches in Centralia, Chehalis, Packwood, Randle, Salkum and Winlock, as well as to senior centers in Centralia/Chehalis, Morton, Packwood, Toledo and Winlock, and to the Post Office in Randle. The proposal may also be reviewed Monday through Friday, between 8 a.m. and 5 p.m., at the Community Development Office on Kresky Avenue in Chehalis.

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