News Releases - March 2010

NEWS RELEASE 

March 31, 2010

On March 30, 2010, prior to the case proceeding to trial by jury, the State had to dismiss its case based upon the failure of the victim to appear for trial. On March 12, 2009 the Defendant, Jorge Luis Pacheco-Vega of Mossyrock, was charged with Assault in the Fourth Degree Domestic Violence and Harassment Domestic Violence by Prosecutor complaint and a no contact order was entered, based on a March 11, 2009 incident involving his wife.

On April 8, 2009, the defense waived speedy trial until March 31, 2010, and over the State’s objection to the delay, trial was set six months out in October. On October 13, 2009, the trial was delayed again, over the State’s objections, until March 30, 2010. As the trial approached, the victim could no longer be found.

On March 30, 2010, the State appeared in Court and the victim had failed to appear for trial. Visiting Lewis County District Court Judge Douglas Haake granted the State’s request for issuance of a material witness warrant but denied the State’s request for a 24 hour continuance (within speedy trial) to allow law enforcement the opportunity to locate the witness. The State had no choice but to dismiss without prejudice. The charges may be pursued if the victim can be located.

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March 31, 2010

John David Joel Angeline was found not guilty by reason of insanity on March 30, 2010, and found to be likely to commit further criminal acts which would jeopardize the public safety. Angeline was charged on April 7, 2010, by information of Murder in the Second Degree and Robbery in the second degree, for the killing of Haeng-Soon Yang, of Mossyrock. The legal effect of the court’s findings is that he committed those two crimes, but that he was legally insane at the time. As a result of the Court’s finding of insanity, Mr. Angeline cannot be tried for his actions in a criminal court. Instead, he was sentenced to an indeterminate commitment at Western State Hospital as criminally insane. For the foreseeable future, Mr. Angeline will be held in a secure ward on the Western State Hospital facility in Steilacoom, Washington.

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March 31, 2010

In an unpublished opinion issued March 30, 2010, the Washington State Court of Appeals, Division II affirmed the conviction of Lynn Janell Belcher of Forgery. Ms. Belcher was convicted by a jury in Lewis County Superior Court on August 7, 2008, following her attempt to cash a fraudulent cashier’s check for $4,800 at Bank of America earlier that year.

After claiming the existence of newly discovered evidence, Defnse motion for a new trial was denied by the trial court. Defense then filed an appeal based on multiple points, including: trial court error in not granting a new trial; prosecutorial misconduct because the new evidence was not produced at trial; and stating the prosecutor’s questioning of a police witness caused false testimony to be given. Belcher also claimed she received ineffective assistance from her own attorney.

The opinion of the Court of Appeals, authored by Judge Bridgewater, with Judge Armstrong and Judge Penoyar concurring, held that the evidence in question was not material to whether Belcher had committed the crime and that she was unable to show that its production at trial would likely have altered the jury’s decision. The Court also found that by calling it newly discovered evidence she had, in effect, conceded it was not withheld by the Prosecution. Neither could they find that false testimony had been given, nor that actions by her defense counsel were deficient or had caused the outcome of the trial to be different than it would have been otherwise.

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March 30, 2010

Thomas Melvin Fenwick, 26, of Chehalis was sentenced by a Judge Nelson Hunt on March 30, 2010 in Lewis County Superior Court for Unlawful Possession of a Firearm in the First Degree and Driving Under the Influence of Drugs (DUI). Fenwick was charged by Information on December 14, 2009 and convicted by a jury on March 17, 2010. Based on his criminal history, Fenwick was subject to a standard range sentence of 67-89 months in prison. Judge Hunt sentenced Fenwick to 89 months in prison along with fines, fees and assessments.

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On March 30, 2010, after a jury trial in Lewis County District Court before Judge Douglas Haake, Defendants Michael G. Neilson and Claudia P. Neilson, age 38 and age 35 of Mossyrock, were found guilty by the jury of Obstructing a Law Enforcement Officer. The Defendants had their cases heard together before a jury on March 29, 2010 and were originally cited for Obstructing a Law Enforcement Officer on June 22, 2009. Michael G. Neilson was sentenced to 365 days with 362 days suspended and 3 days to be served in custody, a $750 fine and court costs, as well as a condition to remain crime free. Claudia P. Neilson was sentenced to a deferred sentence for a period of two years of 365 days with 365 days suspended, a $450 fine and court costs, as well as a condition to remain crime free.

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March 24, 2010

Benjamin Ernest Jones, 42, of Centralia was sentenced on March 24, 2010, by Lewis County Superior Court Judge James Lawler. Mr. Jones pled guilty on January 22, 2010 to the crimes of Vehicular Homicide, three counts of Reckless Endangerment and Driving Under the Influence of Intoxicants. Jones was originally charged by Information on January 26, 2009. The charges stemmed from a January 24, 2009, incident in which Jones was the driver in an off-road accident in Centralia. A blood test estimated Mr. Jones’ blood alcohol level at .13; the legal limit for operating a vehicle is .08. At the time of the one-vehicle roll-over crash, his four passengers – all children – were inadequately secured in the vehicle. The wreck left a 2-year-old boy dead and two other children with minor injuries. Mr. Jones was subject to a sentencing range of 21-27 months in prison. The prosecution recommended that Mr. Jones be sentenced to the top end of the sentencing range (27 months). Judge Lawler sentenced Mr. Jones to 21 months along with standard fines, fees and assessments.

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March 18, 2010

Thomas Melvin Fenwick, 26, of Chehalis was convicted by a jury on March 17, 2010 in Lewis County Superior Court for Unlawful Possession of a Firearm in the First Degree and Driving Under the Influence of Drugs (DUI). Fenwick was charged by Information on December 14, 2009. The Defendant is facing a standard range sentence of 67-89 months in prison on the firearm charge and up to a year in jail on the DUI.

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March 17, 2010

On March 17, 2010, Judge James Lawler presided over a Superior Court Criminal Rule 3.5 hearing regarding the admissibility of any statements which may have been made by Mr. Michael Anthony Lar to law enforcement personnel pursuant to the investigation of the TwinStar Credit Union robbery which occurred on January 25 of this year. The Court deemed any statements would be inadmissible at trial because Mr. Lar was not properly advised of his Constitutional rights prior to the time any statements were made. Prosecuting Attorney, Michael Golden, stated: “We were aware of the Miranda issue and the risk that any statement made by Mr. Lar could be unavailable for use at trial. Accordingly, we have relied, and will continue to rely, on other evidence gathered at the scene and elsewhere. We remain confident in our case.”

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March 17, 2010

On March 16, 2010, after jury trial in Lewis County District Court, a jury convicted the Defendant Dawn E. Pace, age 51 of Mossyrock, of Assault in the Fourth Degree. Judge R.W. Buzzard also made a special finding that the crime involved Domestic Violence. The Defendant was originally charged with the crime of Assault in the Fourth Degree Domestic Violence by citation on July 26, 2009. A sentencing date will be set once a pre-sentence investigation has been completed by the Lewis County District Court Probation Department.

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On March 16, 2010, prior to commencement of jury trial in Lewis County District Court, the Defendant Brian C. Smith, age 36 of Chehalis, pled guilty to the crime of Reckless Driving as amended from Driving Under the Influence. The Defendant was originally charged by citation with Driving Under the Influence on December 14, 2008. Judge R.W. Buzzard sentenced the Defendant to 365 days with 365 days suspended, a $750 fine, court costs and assessments, and two years probation.

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On March 16, 2010, prior to commencement of jury trial in Lewis County District Court, the Defendant Timothy J. Murphy, age 57 of Randle, had his jury trial for Driving Under the Influence reset based upon priority of another matter. The Defendant was originally charged by citation with Driving Under the Influence on March 13, 2007. A jury trial has now been reset for May 17, 2010.

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March 16, 2010

The trial of Dallas Hazelrigg for unlawful possession of methamphetamine, set for Friday, 03-19-2010, was canceled due to the unavailability of one of the State’s police officers. Mr. Hazelrigg will be in court Thursday, 03-18-2010, at 8:40 a.m. to reschedule his trial. Hazelrigg remains in custody on $20,000 bail.

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March 15, 2010

Ernest Lyle Andrews, 44, of Chehalis, was convicted by a jury on March 15, 2010 in Lewis County Superior Court for Failure to Register as a Sex Offender. The Defendant is facing standard sentencing range of twelve to fourteen months in prison. Sentencing is set for March 24, 2010.

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March 12, 2010

Charles Snipes, 53, of Centralia was before Pro Tem Judge J. Mano for a Bench Trial on March 12, 2010 in Lewis County District Court for one count of Assault in the Fourth Degree with a special allegation of Domestic Violence and one count of Interfering with Reporting Domestic Violence. Snipes were charged by Citation on December 14, 2009 with one count of Assault in the Fourth Degree with a special allegation of Domestic Violence and one count of Interfering with Reporting Domestic Violence. Snipes was found not guilty on both counts.

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Terri L. Harding, 56, of Centralia was before Pro Tem Judge J. Manofor a Bench Trial on March 12, 2010 in Lewis County District Court for one count of Criminal Trespass in the Second Degree. Harding was charged by Complaint on August 7, 2009 with one count of Criminal Trespass in the Second Degree. Harding was found not guilty.

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Lorraine J. Sprague, 52, of Mossyrock was before Pro Tem Judge J. Manofor a Bench Trial on March 12, 2010 in Lewis County District Court for one count of Animals at Large. Sprague was charged by citation on September20, 2009 with one count of Animals at Large. Judge Mano dismissed the case at the conclusion of the State’s evidence.

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March 9, 2010

On March 9, 2010, after the second day of trial by jury in Lewis County District Court, the jury found the Defendant Carole –Lyn L. Stahle, age 46 of Mountlake Terrace, guilty of Driving Under the Influence. The Defendant was originally charged with the crime of DUI by citation on December 7, 2005. A prior jury conviction in this case had previously been overturned on appeal. The verdict of the jury from March 9, 2010 was from the retrial of the case. A sentencing date will be set once a pre-sentence investigation has been performed by the Lewis County Probation Department.

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On March 9, 2010, after a bench trial before Judge R.W. Buzzard in Lewis County District Court, the Defendant Michael D. Kelly was found guilty of Assault in the Fourth Degree. The Defendant was charged with Assault in the Fourth Degree by prosecutor complaint on November 25, 2009 out of an incident that took place on May 9, 2009. The Defendant was sentenced to 365 days in jail with all 365 days suspended, a $750 fine and court costs, and was ordered to have no contact with the victim and another witness to the assault.

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March 5, 2010

Ronald E. Hickey, 50 of Centralia, was scheduled for a Bench Trial on March 5, 2010 before the Honorable R.W. Buzzard in Lewis County District Court for Driving While License Suspended in the Third Degree. Hickey was charged by Citation on August 4, 2009 with Driving While License Suspended in the Third Degree. Hickey was found guilty as charged on March 5, 2010 and sentenced to no jail, a $300 fine and court costs.

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March 1, 2010

Lehman Neil Delavergne, 39 of Pe Ell, was sentenced on March 1, 2010, by Superior Court Judge James Lawler. Delavergne was charged by Information on November 23, 2009. Delavergne plead guilty to Assault in the First Degree and faced a sentencing range of 120-160 months in prison. Judge Lawler imposed a sentence of 160 months.

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