Archive for September, 2015

Appeals court says Toledo lottery theft sentence is too long

Wednesday, September 30th, 2015

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Winlock woman who helped herself to thousands of dollars worth of lottery tickets while she worked at the Flying K store and gas station in Toledo partially won her appeal, that the judge imposed a clearly excessive exceptional sentence.

Katrina M. Bowen was sent to prison for four years, twice the amount of time prosecutors recommended.

Bowen was fired in September 2013 after the owners analyzed their books and confronted her. She was charged in early 2014 with first-degree theft, and pleaded guilty soon afterward, not in connection with any plea deal.

2014.0129.katrina.bowen.6124smaller

January 2014

Bowen, then 37, stole nearly $140,000 over a period of time, saying she had a gambling problem. She also won $40,000, but the state lottery reimbursed the business owners for that portion, according to court documents.

Lewis County prosecutors included an aggravating factor that it was a major economic offense, meaning a judge would be free to hand down an exceptional sentence..

Prosecutor Eric Eisenberg recommended to Lewis County Superior Court Judge Richard Brosey in March of last year that Bowen get two years. She asked for leniency based on her acceptance of responsibility for the crime. Her attorney asked that she get 90 days, the top of the standard sentencing range for a person with no criminal history.

In its opinion issued last week, the Washington State Court of Appeals acknowledged the judge was not bound by the prosecutor’s recommendation, but said the 48-month sentence was grossly disproportionate to the standard range of zero to three months.

Justice Thomas R. Bjorgen, writing for the unanimous three-member panel, wrote that the judge abused his discretion.

“We hold that the exceptional sentence was manifestly unreasonable, vacate it, and remand for resentencing,” Bjorgen wrote.

The unpublished opinion was filed Sept. 22.

Senior Deputy Prosecutor Sara Beigh said once she gets the mandate the appeal is final – which can take as long as 60 days – she will bring Bowen back to Lewis County for resentencing.

According to the state Department of Corrections, Bowen is currently incarcerated at Mission Creek Corrections Center for Women in Belfair.

Beigh said today that in her five years of handling appeals for Lewis County, she can’t recall a case of the appeals court saying a Lewis County judge manifestly abused his discretion.

The prosecutor’s office won’t be petitioning the state Supreme Court for a review, but still will seek an exceptional sentence, Beigh said.

It was less than four years earlier when another Winlock resident was caught stealing lottery tickets at a local grocery store where he was a longtime trusted employee and store manager. Judge Brosey gave Benjamin C. Macy 14 months in prison as Macy attempted to repay the debt. The losses to Cedar Village IGA were said to be close to $1 million.

Bowen was represented in her appeal by attorney Jodi R. Backlund from Olympia.

Backlund also argued the guilty plea was involuntary because there was not a sufficient factual basis for it, but the appeals court disagreed.
•••

For background, read “Winlock woman owns up to stealing thousands of dollars from her employer” from Thursday January 30, 2014, here

Sirens: Daily police and fire roundup

Wednesday, September 30th, 2015
2015.0518.2013.1113.sirenslights5860.secondone

•••

Updated at 7:15 p.m.

THEFT INVESTIGATION

• Centralia police were contacted yesterday by a local business about suspected embezzlement by an employee. The case was sent over to detectives to investigate, according to the Centralia Police Department.

CAR PROWL

• A pair of teenagers taking photographs for a class project at Schaeffer Park off state Route 507 north of Centralia yesterday evening returned to their vehicle to find a window broken out and both of their purses stolen, according to the Lewis County Sheriff’s Office.

• Chehalis police were called about 3:20 p.m. yesterday about the theft of a puppy from inside a car parked behind Safeway on the 1100 block of South Market Boulevard. Its owner said she had locked the doors but left the windows cracked, according to the Chehalis Police Department. An officer got a phone call  few hours later from the victim who said her boyfriend recovered the dog from an individual in Centralia after seeing the dog on the Internet,  according to police. The male claimed he bought the puppy from another person, detective Sgt. Gary Wilson said.

• Chehalis police were called about 3:20 p.m. yesterday by a teenage girl who discovered someone had got into her car and stolen a backpack containing among other items, school supplies and an iPhone. It happened while she was parked outside a business on the east side of the the 1600 block of Northwest Louisiana Avenue in Chehalis, according to the Chehalis Police Department. She had left her passenger window down, according to police.

• Centralia police were called about 11:45 a.m. yesterday to the 200 block of North Washington Avenue where approximately 50 CDs were stolen from a vehicle.

DRUGS

• A 42-year-old Centralia woman was booked into the Lewis County Jail yesterday for allegedly being caught by drug detectives with a pouch containing plastic packaging, a scale, more than $200 cash and a small bag plus a larger bag of a crystal substance that field-tested positive for methamphetamine. Janet L. Gleason is charged with possession of methamphetamine with intent to deliver – in a school zone – and went before a judge this afternoon in Lewis County Superior Court. Her bail was set at $20,000. Charging documents indicate law enforcement began investigating Gleason sometime between May and August of this year and that she was pulled over by a detective, admitted she was on her way to Borst Park to sell 10 grams of and granted him permission to search her car. Jail records show she was booked at about 7:30 p.m. on Tuesday. The affidavit of probable cause does not specify where or even what day she was pulled over, but the information charging her states the alleged offense occurred on or about Sept. 17.

• A 36-year-old Packwood resident charged with allegedly growing 24 marijuana plants in his backyard this summer was summonsed to appear in Lewis County Superior Court this afternoon. James M. Miller is charged with manufacture of marijuana, a class C felony with a maximum penalty of five years in prison. A judge agreed to a $10,000 unsecured bond so he could stay out of jail while his case proceeds. Before his hearing, Miller said he has permits but didn’t give them to the sheriff’s office because he didn’t want to get harassed. Charging papers state two deputies went to his home on the 100 block of Rainbow Lane on June 28 to speak with him on another matter, and noticed the marijuana growing in his fenced backyard when a female answered the door and said Miller was not there. The officers reportedly obtained a telephonic search warrant and collected 24 plants in various stages of growth and told the female that if Miller was a medical marijuana patient, he needed to provide the paperwork to the Lewis County Sheriff’s Office. Twenty-four is beyond the 15 plants allowed for a medical marijuana patient. On Aug. 4, when a detective spoke with Miller in the jail, Miller said he had the authorization posted on his fence, but it was stolen, charging documents indicate. Miller’s arraignment is scheduled for Oct. 8. He is the same James Miller indicted in federal court with theft and damaging government property, as one of the three alleged timber cutters involved in illegally harvesting Big Leaf Maple from the Gifford Pinchot National Forest, which was allegedly sold by a Winlock man to out of state companies for more than $800,000.

AND MORE

• And as usual, other incidents such as arrests for warrant, obstructing, shoplifting, driving under the influence, driving with suspended license; responses for alarm, harassment, misdemeanor assault, suspicious circumstances, collision on city street, violation of anti-harassment order … and more.

Outdoor burning allowed again, sparks brush fire in Ony

Tuesday, September 29th, 2015
2015.0928.jorgensenroadgrassfire

Onalaska firefighters work to put out grass fire off Jorgensen Road. / Courtesy photo by Lewis County Fire District 1

By Sharyn L. Decker
Lewis County Sirens news reporter

Just because the outdoor burn ban has been lifted, it doesn’t necessarily mean wildfire danger is over.

That’s the message from the Onalaska Fire Department who spent about an hour yesterday afternoon extinguishing a fire that popped up in a field.

Crews were called just before 2:30 p.m. to the 800 block of Jorgensen Road where they found grass burning an area of approximately 150 feet by 50 feet, according to Lewis County Fire District 1.

Assistant Fire Chief Rhonda Volk said the landowner said he was burning a stump this weekend out in the middle of a field that hadn’t been used for awhile, and thought he got it all put out.

“What happens, is fire burns down into the roots, and they can smolder for months,” Volk said.

She believes the gusty winds helped reignite it.

A crew of five saturated the edges of the area and dug down to make sure the entire stump and its roots were extinguished, she said.

The outdoor burning restrictions that were put into place in mid-June in unincorporated Lewis County were lifted on Saturday morning.

“After careful review, of the current and extended weather forecast, the Lewis County Building Official-Fire Marshal, has determined that current weather conditions within Lewis County have improved and will lift the restriction to allow outdoor burning, subject to an open burning application and permit,” Lewis County Community Development Director Lee Napier stated in a news release on Friday.

Still, officials urge residents to be attentive.

The county reminds people to supervise any outdoor burning until the fire has been extinguished and to have fire extinguishing equipment on hand.

Four large wildfires broke out in Lewis County last month in the midst of an exceptionally hot and dry summer, three of them in Onalaska. The 102-acre fire off Gish Road and the Gore Road chicken farm fire at 175 acres were bigger than any seen in three decades in areas near homes.

Even campfires were prohibited for a few weeks.

Outdoor burning in unincorporated Lewis County is limited to only natural vegetation. Always prohibited is burning any kind of garbage, paper of other refuse.

To obtain an Open Burning Application and Permit, individuals may apply on-line at http://lewiscountywa.gov/burn-permit-2 or in person at the Lewis County fire marshal’s office.

For further information concerning outdoor burning, Lewis County Building Official-Fire Marshal Doyle Sanford can be reached at 360-740-1146. The fire marshal’s office is in the Lewis County Public Services building, located at 2025 NE Kresky Avenue in Chehalis.

The Lewis County Board of Commissioners makes the rules for  areas in Lewis County that are outside any city limits and not part of any state or federal lands. For information about any of those other locations, folks can call their fire department.

Sirens: Daily police and fire roundup

Tuesday, September 29th, 2015
2015.0518.2013.1113.sirenslights5860.secondone

•••

Updated at 6:08 p.m.

BURGLARY CLUES: PANTIES, KID’S SHIRT

• A 63-year-old Toledo area man called the sheriff’s office yesterday after discovering someone had broken into his detached garage and stolen some equipment as well as frozen meat from his freezer but left behind a pair of women’s underwear, a child-sized T-shirt and a hair dryer. Missing is an Onan generator and a Karcher pressure washer, plus other items, according to the Lewis County Sheriff’s Office. Chief Deputy Stacy Brown said the burglary at the 800 block of Spencer Road occurred sometime since Sept. 2, while the victim and his fifth-wheel were away from the property. It appeared someone used a card to open the lock on a side door and then reached in to push the garage door opener button, Brown said.

CUSTOMER’S RV VANISHES FROM LOT

• Police were called by the owner of a 2015 Cruise Light travel trailer who dropped it off at a Chehalis business Saturday evening to be serviced and then returned yesterday to check on the progress and learned nobody knew where it was. An officer responding to the RV sales and repair store at the 1000 block of Southwest Interstate Avenue noted it was taken through the gate when it was left there, according to the Chehalis Police Department. The loss is about $25,000, according to police. It was entered into the system as a stolen vehicle, detective Sgt. Gary Wilson said.

MISSING MONEY

• Centralia police were called about 11 a.m. yesterday regarding the suspected theft of cash from a business on the 100 block of South Tower Avenue. The business owner will try to resolve the issue prior to police taking enforcement action, according to the Centralia Police Department.

TRESPASSING CASE

• Centralia police are continuing to investigate a trespassing incident, reported yesterday from the 1400 block of South Tower Avenue. Police say video captured images of a female entering into a fenced compound of a closed business.

FIREARM VIOLATION

• An individual pulled over for a routine traffic stop at U.S. Highway 12 and Second Street in Morton at about 10 p.m. on Saturday was issued a citation for having a loaded handgun in the vehicle without possessing a concealed weapon permit, according to the Morton Police Department. The gun was given back after its ammunition was separated from the weapon, according to police.

VANDALISM

• Somebody spray painted graffiti onto a shed at the 2800 block of Russell Road in Centralia, according to a report made to police yesterday afternoon.

• Centralia police were called to the 1200 block of Ward Street yesterday where graffiti was spray painted onto a garage.

ON THE ROAD

• A Morton police officer assisted a trooper with an investigation in which a driver exited a vehicle, but left it running and in gear, and it rolled across a street into a building at the 200 block of Second Street in Morton last Thursday afternoon, according to the Morton Police Department.

AND MORE

• And as usual, other incidents such as arrests for warrant, misdemeanor assault; responses for alarm, shoplifting, harassment, vicious dog, suspicious circumstances, violation of anti-harassment order … and more.

News brief: Toledo resident dies after motorcycle crash in Oregon

Tuesday, September 29th, 2015

By Sharyn L. Decker
Lewis County Sirens news reporter

A 70-year-old Toledo man is dead following a motorcycle accident in southern Oregon after he lost control in a curve and struck four orange construction barrels and then a concrete barrier.

Oregon State Police reported yesterday it happened about 2 p.m. on Sunday on Interstate 5 near Siskiyou Summit.

William R. Larson was taken to Rogue Regional Medical Center by ambulance, but pronounced deceased upon his arrival at the hospital, according to Oregon State Police.

Preliminary information indicates a 2004 Yamaha motorcycle was traveling northbound on Interstate 5 negotiating a right hand curve when the rider lost control, according to police.

One lane of northbound was closed for two hours while the investigation was conducted. It is believed speed is a contributing factor. The investigation is ongoing, according to police.

Sirens: Daily police and fire roundup

Monday, September 28th, 2015
2015.0518.2013.1113.sirenslights5860.secondone

•••

Updated at 7:09 p.m.

ARSON INVESTIGATION

• The cause of a Saturday night fire at the 200 block of U.S. Highway 12 south of Chehalis is under investigation, according to the Lewis County Sheriff’s Office. Members of Lewis County Fire District 5 – Newaukum Valley Fire and Rescue – responded to an 11:34 p.m. call and found an outbuilding burning, according to Fire Chief Gregg Peterson. They extinguished it, he said. Peterson described  the shed and its contents as a total loss. The sheriff’s office said this morning two sheds were set on fire. It is believed to be related to an ongoing neighborhood dispute and both parties are pointing fingers at each other, according to the sheriff’s office.

STUDENT ACCUSED OF PILFERING IN BACKYARD

• A 28-year-old Centralia College student was arrested on Saturday morning following a call about a man seen pulling a cart with a bicycle through a backyard on the 500 block of South Cedar Street and then a call soon after by a person on the 500 block of South Ash Street who said he came home to discover numerous items dumped in his fenced yard. Among the property found was an air compressor and solar radio that belonged on Cedar Street, according to the Centralia Police Department. The makeshift trailer located on Ash Street also contained metal and tools including a small chainsaw, according to police. The resident on Ash Street showed police other items he found, including four bicycles and a tote with bike wheels and bike parts, police reported. Jeremy A. Goldner was booked into the Lewis County Jail and subsequently charged today with second-degree burglary. Defense attorney Joely O’Rourke said he is a full time student, on the honor roll, trying to major in diesel mechanics who lives with his mother, but has arranged to go live at a sobriety house in Lewis County. His bail was set with a $10,000 unsecured bond when he went before a judge this afternoon in Lewis County Superior Court.

BELONGINGS PLUCKED FROM OPEN WINDOW

• Centralia police were called to the 400 block of West Plum Street about 6 p.m. yesterday where they were told a bag sitting on the sill of of open window had been stolen. It contained $20, identification and a green card, according to the Centralia Police Department.

VEHICLE THEFT

• A pickup truck reported stolen about 3:40 p.m. on Friday from the Twin City Town Center was located on Sunday afternoon at Wal-Mart. It was returned to its owner, according to the Chehalis Police Department.

MISSING MEDS

• An officer was called about the theft of prescription medication yesterday from the 1000 block of South Tower Avenue in Centralia.

• Chehalis police were called yesterday evening to the 500 block of Northwest New York Avenue where an individual said she discovered numerous of her Oxycodone pills were missing.

OTHER THEFT

• Police yesterday contacted an individual in Centralia who said the rear license plate had been taken from her vehicle. She didn’t know when it went missing, according to the Centralia Police Department.

DRUGS

• A 33-year-old woman was arrested for possession of methamphetamine after contact with police about 11:30 a.m. Saturday at the 1000 block of Harrison Avenue in Centralia. Stephanie R. Keen, described by police as a resident of Ethel, was booked into the Lewis County Jail, according to the Centralia Police Department.

VANDALISM

• Chehalis police were called about 6:15 a.m. today following the discovery of several windows damaged at R.E. Bennett Elementary School on the 200 block of South Market Boulevard. They had holes in them, according to the Chehalis Police Department.

• Somebody spray painted a car at the 1300 block of Windsor Avenue in Centralia, according to a report made to police yesterday morning.

DOMESTIC VIOLENCE

• Prosecutors asked for $50,000 bail and a judge set it at $100,000 today for a 52-year-old Mossyrock man accused of assaulting his girlfriend, threatening to cut her head off, taking her phone and keeping her from leaving the home for five hours. Police were called on Thursday afternoon after she finally did leave and called 911 from someone else’s home, according to charging documents. The woman told police Stephen L. Shores was angry she wasn’t helping him sell his artwork and allegedly pinned her to the bed, spit on her and slapped her repeatedly, according to charging documents. He was booked into the Lewis County Jail early on Friday and went before a judge this afternoon in Lewis County Superior Court, charged with unlawful imprisonment and harassment. Prosecutors told the judge they had concerns about community safety in part because Shores has seven convictions for second-, third- and fourth-degree assaults from 2008 and around that time period, plus five convictions in 2002 for assault and harassment.

ON THE ROAD

• A 29-year-old Castle Rock man was arrested for driving under the influence after his car took out several small trees over a distance of about 30 yards near Avery Road West and North Military Road early on Sunday morning. Deputies responding about 3:30 a.m. for a collision found burning rubber and smoke rising from the 2006 Dodge Stratus; it’s engine running, stereo blaring and wheels spinning at maximum RPMs, according to the Lewis County Sheriff’s Office. A passenger window was broken to extract the driver Jeremy L. Franklin who was unconscious, according to the sheriff’s office. Chief Deputy Stacy Brown said Franklin woke up but was confused and was taken to the hospital to be evaluated. Blood was drawn as he was suspected to be under the influence of alcohol, according to Brown. Franklin was then booked into the Lewis County Jail. The car was totaled.

AND MORE

• And as usual, other incidents such as arrests for warrant, hit and run, drugs, urinating in public, protection order violation, reckless endangerment, malicious mischief, driving under the influence; responses for alarm, dispute, misdemeanor assault, misdemeanor theft, collision in parking lot, vehicle stuck on railroad tracks, student driving like a maniac at or near W.F. West High School, someone lighting off fireworks at a house with Christmas lights … and more.

News brief: Sheriff Snaza returns from training, announces new crime team

Monday, September 28th, 2015
2015.0916.setteam

Lewis County Sheriff’s Enforcement Team poses for photo – left to right, Deputy Tim English, Deputy Jeff Godbey, Sgt. Dan Riordan, Deputy Rick Van Wyck , K9 Axel – with Sheriff Rob Snaza and Undersheriff Wes Rethwill. / Courtesy photo by Lewis County Sheriff’s Office

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS –  Lewis County Sheriff Rob Snaza has completed a five-day executive development program with the National Sheriff’s Institute in Aurora, Colorado.

Snaza, a Napavine area Republican, was elected in November following about two decades with the sheriff’s office.

He was among 27 sheriff’s from across the country to participate early this month in training on the challenges facing American sheriff’s today, according to a news release from the National Sheriffs’ Association.

2015.0500.Sheriff RobertSnaza.portrait

Lewis County Sheriff Rob Snaza

“In light of those challenges, the sheriffs explored the role of the local sheriff in providing effective leadership for the public good in such areas as public safety, criminal justice system policy, community relations, and organization effectiveness and efficiency,” Hilary Burgess, NSA manager of training, stated.

The National Sheriffs’ Association is a professional association representing the nearly 3,100 elected sheriffs across the country. The program was also co-sponsored by the National Institute of Corrections, a division of the U.S. Department of Justice, Bureau of Prisons.

Snaza has said among his priorities are rooting out career criminals, continuing to run a no-frills jail and partnering with schools.

In mid-September, he announced the formation of a team to assess and work on problem areas and issues within the county.

The Sheriff’s Enforcement Team, or SET team, consists of a sergeant, three deputies and a K-9.

“If we have a rash of vehicle prowls in a particular neighborhood or identify a burglary trend in one area of the county, SET will be called in,” Snaza stated. “The team will also work DUI emphasis, warrant sweeps, drug investigations, or anything else that we feel helps us better meet our mission.”

Sirens: Daily police and fire roundup

Saturday, September 26th, 2015
2015.0518.2013.1113.sirenslights5860.secondone

•••

PEDESTRIAN KILLED ON I-5 NEAR WINLOCK

• A motorist attempting to retrieve an item that had fallen from his truck was hit by a car on Interstate 5 last night south of Chehalis. Troopers called at 7:50 p.m. to the southbound lanes just north of the Winlock-Toledo interchange report that Matthew B. Hearn, 46, of Castle Rock, died at Providence Centralia Hospital. The driver of the Toyota Camry that struck him was unhurt, according to the Washington State Patrol. The southbound lanes were closed until about 10 p.m., according to the state Department of Transportation.

CAR PROWL

• Centralia police were called about 6:45 a.m. today to the 500 block of East Maple Street where someone stole a stereo and amplifier from a vehicle. It had been left unlocked, according to the Centralia Police Department.

VANDALISM

• Police were called about 10 p.m. yesterday regarding two parked vehicles getting egged at the 900 block of Johnson Road in Centralia.

COLLISION

• No charges are expected in a fatality collision yesterday morning a mile east of McCleary in which an eastbound pickup truck crossed the centerline and hit an oncoming log truck driven by a Rochester man. Troopers called about 8:40 a.m. to the wreck on state Route 108 found the 2004 Ford pickup and the unloaded log truck on the westbound shoulder, according to the Washington State Patrol. Randall R. Russell, 52, of Rochester, was reportedly uninjured. Ernest J. Eichhorn Jr., 34, from Lacey died, the state patrol reports. Both men were wearing seat belts. The roadway was fully blocked for more than five hours.

ROCHESTER RESIDENTIAL FIRE

• One of two people that escaped a fire in a Rochester duplex yesterday was treated for possible smoke inhalation, according to West Thurston Regional Fire Authority. Firefighters called at about 11:40 p.m. to the 6600 block of Southwest 188th Avenue found heavy flames and smoke on one side and extinguished the blaze, according to Lt. Lanette Dyer. Nobody was home at the time in the second unit, but it sustained heavy smoke damage, Dyer reported. A dog was unaccounted for, Dyer said. The female wasn’t taken to the hospital. An explosion reported by several individuals turned out to be what Dyer called a pressure tank for the water. Crews from five other departments assisted. The cause is being investigated, she said.

AND MORE

• And as usual, other incidents such as arrests for warrant, probation violation, malicious mischief, driving under the influence; responses for misdemeanor theft, collision on city street … and more.

2015.0925.rochesterduplexfire

Fire breaks out at 6600 block of Southwest 188th Avenue. / Courtesy photo by West Thurston Regional Fire Authority

2015.0925.mcclearycollision

State Route 108 in Grays Harbor County. / Courtesy photo by Washington State Patrol.

Vader man gets 34 years for toddler death

Friday, September 25th, 2015
2015.0925.danny.wing.watching7900

Danny A. Wing watches as Jasper’s mother prepares to leave the courtroom following his sentencing hearing.

Updated

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – Danny Wing was ready to be sentenced today.

For his role in the abuse, neglect and death of a 3-year-old boy he and his wife took into their family last summer.

His lawyer argued for far less time than prosecutors requested, and even made a winning argument that prosecutors should give his client another polygraph test before concluding Wing violated their plea agreement.

“My client knew the parents of Jasper would be in the courtroom today,” Vancouver defense attorney Todd Pascoe said. “He knew I would make this argument. He wants to proceed as if I’d never raised this issue.”

2015.0430.2014.1107.jasperoriginal.jasperoriginal

Jasper Henderling-Warner

Wing, 27, has been held in the Lewis County Jail since last autumn, as has his wife, charged following the death of Jasper Henderling-Warner.

Firefighters and deputies responding the evening of Oct. 5 to a 911 call from the Wing’s new home in Vader, found CPR was underway. The toddler was revived, but died at Providence Centralia Hospital, according to prosecutors.

The autopsy found abrasions, bruises, facial trauma and healing fractures and labeled the cause of death as chronic battered child syndrome. Jasper was suffering from skin infections that were found to be secondary to his cause of death.

Prosecutors initially charged the couple with homicide by abuse or, in the alternative, first-degree manslaughter; each of the two were charged as either the principal or accomplice.

Conflicting stories and an inability to figure out just what occurred led to deals with the Wings this past spring which required them to truthfully describe what occurred, in exchange for guilty pleas and convictions on first-degree manslaughter and recommendations they be locked up for about 16 years.

But Danny Wing didn’t pass the lie detector test, and today in Lewis County Superior Court, prosecutors asked for an exceptional sentence beyond the standard range, citing the so-called enhancements that allowed it; that the victim was a member of his household, and that Wing abused a position of trust on a particularly vulnerable victim.

2015.0430.brenda.wing.closeup7451

Brenda A. Wing

Lewis County Senior Deputy Prosecutor Will Halstead described what investigators learned. Wing’s lawyer spoke of cooperation from his client and other reasons for a standard sentence.

After hearing from Jasper’s mother, his father and a Vader firefighter who was part of the huge aid response that tried to save the child’s life, and vowed to speak forever for the little boy who was silenced, Judge Nelson Hunt imposed a sentence of a little longer than 34 and a half years.

The judge called it an incredible story of horror and suffering inflicted.

“The top of the range for the crime that was actually committed here, is what I’m going to go with,” Hunt said.

Between the statements from Halstead, and those of Pascoe, a clearer picture emerged of Jasper’s last 64 days on this earth.

Jasper’s 21-year-old mother Nikki Warner had given the couple temporary custody last summer – at the end of July – while she was homeless and looked for work out of state.

Warner, who lived in the Vancouver area, and Danny Wing were loosely related in a foster family scenario although they’d only recently met each other.

The married couple had three children of their own.

Both lawyers told the judge they did not believe the Wings set out to kill Jasper or intended for him to die.

It started on the return home from a beach trip to Oregon, Halstead said.

Brenda Wing told her husband Jasper had placed his hands over Danny Jr.’s mouth, he said, noting that turned out to be a lie.

“This set off Danny, he struck Jasper quite a few times in the back of the van as they left,” Halstead said.

The beating left the little boy with injuries to his lip and nose, according to Halstead.

The senior deputy prosecutor went on to describe the Wings as heavy heroin users without a stable home, moving from hotel to hotel.

“One of the ways the Wings decided to treat the bruises was to put hot wash cloths on them,” he said. “We all know people on drugs don’t always think rationally.”

Then they spent hours blowing a hair dryer onto the bruises, causing a massive burn one-third the length of Jasper’s upper thigh, he said.

Danny pulled the scab off, Jasper at this time was crawling around in diapers; he contracted MRSA, Halstead said.

The little boy was being hit and conditioned until he would say someone else had been harming him, he said.

“We know now one of the reasons they did not seek help is they’d had prior contact with CPS,” Halstead said. “They didn’t want CPS coming to see the kids.”

Defense attorney Pascoe spoke of a glowing report from CPS about the family, “I think it was July 1,” he said.

He spoke of the Wings love for their children and the “Cinderella affect”.

They should have given Jasper back to his mother, or taken him to the hospital, or accepted help that was offered, Pascoe said. But they didn’t.

“At the root was fear of separation from their own children,” he said.

Halstead told the judge that Jasper’s mother and the Wings had actually written out an agreement, that included that she could visit her son whenever she wanted.

“Nikki had her own personal issues she was taking care of,” he said.

She tried to see Jasper during this time, he said.

“Every time, she was denied,” he said. “She didn’t understand why.”

“Come to find out, of course, her son was slowly dying at the hands of the Wings,” he said. “She never saw her son again.”

Eventually the couple moved to the house in Vader, about two weeks before Jasper’s death, according to Halstead.

He continued to recite what the investigation and interviews revealed.

“They put makeup on him so they could go out in public,” he said.

In the end, the toddler was not eating, not drinking, was basically non-responsive and having seizures, he said.

The last week of his life he lay on the floor in a blanket, and they would periodically check on him to make sure he was still alive, Halstead said.

Halstead, with Lewis County Prosecutor Jonathan Meyer beside him, told the judge the state thought long and hard about the penalty. They considered the senselessness, the couple’s attempts to blame others and the length of time Jasper suffered.

They asked that Danny Wing be sent to prison for 55 years.

Judge Hunt asked the lawyers to tell him the standard sentencing ranges that would apply for first-degree murder, for second-degree murder and for homicide by abuse.

Among the many gathered in the Chehalis courtroom was Vader’s Assistant Fire Chief Ruth Crear.

“He won’t go to school, get married, he won’t get to do anything,” Crear said. “And that man gets to still breathe.”

Casey Henderling told the judge he agreed with the prosecutors’ recommendation.

“I don’t think 15 years is even close,” he said. “They chose to kill and torture my son.”

Jasper’s mother read from a lengthy letter about the loss of the child she gave birth to at age 17.

She told of a handsome, bright boy who loved all animals and insects and whose favorite foods were Gummy hot dogs and real hot dogs.

“I did the best I could for him, then came to a point where my surroundings were no longer good for Jasper,” Warner said. “The Wings, I thought, were a regular married family with three kids.

“Brenda told me she would decorate his room with Ninja Turtles.”

She said she couldn’t understand how fully grown adults could torture a 3-year-old and how she hoped their children, for their sake, would never find out what their parents did.

“I wish you a painful, violent and slow death in prison,” Warner said.

Pascoe offered reasons he felt the judge could consider a 15-year sentence noting his client was the first of the two to take responsibility; that he turned over records and even a cell phone to investigators, without deleting its messages.

He read to the judge letters from Danny Wing’s mother, a jail chaplain and a fellow inmate who described Wing discovering a sincere desire to serve God. And he made mention of seeing an eerie parallel between Wing as a baby and Jasper as he read passages about CPS concerns from late 1998.

Danny Wing was the last to address the court.

He told the judge that whether he got 50 years or 15, he plans to teach others what drugs can cause.

“I’m not asking for leniency,” he said. “I’m really sorry; I know that doesn’t make up for what they lost.”

Wing was also given 48 months for third-degree child assault, which he also pleaded guilty to in March. The time will be served concurrent with the other.

Brenda Wing’s sentencing was also scheduled for today, but postponed because of a technical issue with materials handed over to her attorney on a CD. The lawyer couldn’t open up the CD to read it, according to Prosecutor Meyer.
•••

For background, read “Coroner: Ongoing physical abuse led to Vader toddler’s death” from Friday November 7, 2014, here

2015.0925.nikki.warner.7894

Prosecutors and a victim advocate stand with Nikki Warner as she addresses the court about the loss of her 3-year-old son.

 

Sirens: Daily police and fire roundup

Friday, September 25th, 2015
2015.0518.2013.1113.sirenslights5860.secondone

•••

WORKPLACE DISPUTE

• A female went into the Centralia Police Department yesterday just before 1 p.m. to report being assaulted by a co-worker. The alleged incident appeared to involve grabbing or pushing and is still under investigation, according to the Centralia Police Department.

THEFT, THEFT, THEFT

• Chehalis police were called about 3 p.m. yesterday to a business on the 100 block of Southwest Interstate Avenue regarding the repeated theft of their open/closed sign.

• Police were called just before noon yesterday to the 1000 block of South Tower Avenue in Centralia about stolen medications.

• A backpack containing credit cards and a person’s identification was reported stolen from the 1300 block of Belmont Avenue in Centralia yesterday morning.

• Chehalis police were called about 8:30 p.m. yesterday to a business at the 1400 block of Northwest Louisiana Avenue regarding a suspected fraudulent check.

• Police were called to the 800 block of Park Way in Centralia at about 9:40 p.m. yesterday regarding a license plate stolen off a truck.

• A license plate was stolen from a utility trailer at the 600 block of M Street in Centralia, according to a report made to police yesterday morning. The plate number is 6995WS, according to the Centralia Police Department.

VANDALISM

• Someone put graffiti on a building at the 500 block of West First Street in Centralia, according to a report taken by police yesterday.

ON THE ROAD

• Responders were called about 2:15 a.m. today for a rollover accident on state Route 508 east of Onalaska. It was a work truck with buckets of oil that spilled onto the roadway near Centralia-Alpha Road, according to Lewis County Fire District 1. The driver, an adult male, was transported to Providence Centralia Hospital, possibly with the intention of being transferred to a Vancouver hospital, according to Assistant Fire Chief Rhonda Volk.

AND MORE

• And as usual, other incidents such as arrests for trespass, disorderly conduct, driving with suspended license; responses for alarm, dispute, suspicious circumstances, collision on city street, collision in parking lot, complaint of two subjects engaged in intimate encounter inside a parked vehicle … and more.

Prosecutor: Vader couple broke their agreement to tell truth about toddler death

Thursday, September 24th, 2015

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Lewis County prosecutor is claiming a Vader couple didn’t hold up their end of the deal in a plea agreement that allowed them to admit to manslaughter instead of facing a more serious charge, but wants them to be sentenced for manslaughter anyhow, and face much more prison time.

2014.01110.danny.wing.small.6954

Danny Wing

Danny and Brenda Wing, both 27, have both been held in the Lewis County Jail since their arrest late last year in the death of  3-year-old Jasper Henderling-Warner who was living with their family.

Each of the two have pleaded guilty to first-degree manslaughter and third-degree child assault. In exchange for prosecutors dropping a charge of homicide by abuse, the couple promised to share information with authorities and undergo polygraph examinations.

Jasper died last Oct. 5. from what the coroner labeled chronic battered child syndrome. His 21-year-old mother had given the couple temporary custody last summer while she was homeless and looked for work out of state.

2015.0430.brenda.wing.closeup7451

Brenda A. Wing

Prosecutors filed motions last Friday, and Monday, asking the court to find the Wings violated the plea agreement and the state wants to make sure the agreement is enforced. Prosecutors want to add back into the case so-called enhancements and seek exceptional sentences.

Had the Wings done what they said they would, prosecutors agreed they would face standard sentencing ranges of between 146 months and 194 months in prison.

Lewis County Prosecutor Jonathan Meyer said Brenda Wing admitted some information she gave was a lie. And her husband withheld information in three of four areas, he said.

The idea was for prosecutors to find out the details of Jasper’s death, so they could hold everyone accountable who needed to be held accountable, Meyer said today.

2014.1107.JasperHenderlingWarner.small

Jasper Henderling-Warner

The Wings were initially charged on Nov. 7 with homicide by abuse or, in the alternative, first-degree manslaughter, two crimes with widely different penalties. Each of the two were charged as either the principal or accomplice.

Their sentencing hearings are currently on the court schedule for tomorrow, in Lewis County Superior Court, at 9 a.m. for him and 1:30 p.m. for her.

Brenda Wing’s lawyer John Crowley has asked for the hearing to be postponed. Yesterday, prosecutors filed a response to the defense motion.
•••

For background, read, “Despite convictions, investigation still underway in death of 3-year-old Vader boy last year” from Friday August 21, 2015, here

Sirens: Daily police and fire roundup

Thursday, September 24th, 2015
2015.0518.2013.1113.sirenslights5860.secondone

•••

MULTIPLE FIREARMS AMONG STOLEN PROPERTY

• Deputies were called yesterday afternoon to the home of a 75-year-old Centralia area man after the discovery of a burglary in which some $3,000 worth of valuables were stolen. Sometime yesterday after 8:30 a.m. and before 3:20 p.m., someone broke into the residence on the 1900 block of Little Hanaford Road and made off with six rifles, a shotgun, a pistol, jewelry and alcohol, according to the Lewis County Sheriff’s Office. Also missing was a small black utility trailer, a string trimmer, a tiller and possibly other items as yet unknown, according to the sheriff’s office. There is no suspect information, Cmdr. Dusty Breen said this morning.

OTHER THEFT

• Centralia police were called about 7:30 a.m. yesterday after an individual saw a male on a bicycle grab a drill from a residence that is being remodeled at the 400 block of West Center Street and and then leave the area with it.

CAR PROWL

• Centralia police were called just before 6 o’clock this morning to the 2300 block of Eureka Avenue where a wallet had been stolen from a vehicle.

• A stereo was stolen from a vehicle parked at the 1400 block of Windsor Avenue in Centralia, according to a report made to police yesterday morning.

MAN GETS TICKET FOR BEGGING

• Chehalis police issued what is probably their first ticket for panhandling yesterday. An officer was called about 12:40 p.m. to the 400 block of North Market Boulevard where a customer had complained to a business they were asked for money near an ATM, according to the Chehalis Police Department. The individual, a homeless man who has previously been warned about sitting on the city-owned bench on the sidewalk outside the bank and panhandling, was issued a civil infraction, which will cost him $250, according to police. It’s not a crime, but a civil infraction, so no report was written and details were not readily available, detective Sgt. Gary Wilson said. The new ordinance went into effect three weeks ago. Further offenses by the same individual could prompt the issuance of a citation for a criminal misdemeanor. That would mean a mandatory appearance before a judge and, if convicted, a fine of up to $1,000 and as long as 90 days in jail.

ON THE ROAD

• A car stopped on U.S. Highway 12 to turn left into a private driveway a half mile east of Salkum this morning was rear-ended by another car injuring both drivers. Troopers called just after 8 a.m. blamed the wreck on Nicole L. Ray, 23, of Winlock, following too closely. She was hurt, but not transported to the hospital, according to the Washington State Patrol. Her 2007 Ford Taurus was towed, the state patrol reports. The other driver, William R. Brown, 78, from Salkum, was taken to Morton General Hospital with non-life threatening injuries, according to responders. His 2013 Ford Focus was still drivable, the investigating trooper reports.

AND MORE

• And as usual, other incidents such as arrests for warrant, shoplifting, misdemeanor assault; responses for alarm, dispute, hit and run, misdemeanor theft, suspicious circumstances, possibly suicidal person, collision on city street … and more.

News brief: Man’s death in Winlock remains under investigation

Thursday, September 24th, 2015

By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – The investigation into the death of a 44-year-old man found dead in a Winlock yard last week continues, but it will be awhile before the coroner knows the cause of death.

Deputies began investigating last Thursday afternoon at the 1700 block of Ferrier Road. Lewis County Sheriff’s Office Cmdr. Dusty Breen said the individual had been visiting people on the property.

Lewis County Coroner Warren McLeod yesterday released the name, saying James M. Lewis was a Winlock resident.

McLeod indicated he is waiting for test results.

Charging decision expected soon in Onalaska triple fatality wreck

Wednesday, September 23rd, 2015

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The lawyer for the driver who survived a head-on crash that killed three teenagers in Onalaska this summer still hasn’t seen the final accident report, even though his client is involved in a case for allegedly driving under the influence that night.

But the report should finally be available soon, according to Centralia defense attorney J.O. Enbody.

2015.0922.2015.0713.508.DamionRobbins‎.smaller

State Route 508 on July 13, 2015

Joseph W. Rogerson, 36, of Chehalis, appeared before a judge today for a hearing in Lewis County District Court in Chehalis.

Enbody told the judge he’d like to set over the hearing for two weeks. He said Lewis County Chief Criminal Deputy Prosecutor Brad Meagher asked him to make the request, while prosecutors work on their decision whether to charge Rogerson with a felony.

The parties have been waiting for the report from an investigative team from the Washington State Patrol.

Three teenagers died from the July 13 wreck on state Route 508. The initial report indicated both vehicles crossed the centerline.

Rogerson and his wife were traveling westbound in a Ford Freestar minivan. Eight teenagers were traveling the other direction in a Land Rover Discovery when the vehicles met up near Hyak Road, only two of them were wearing seat belts, according to initial reports.

Dead at the scene were the Land Rover’s driver, Arnold W. Mullinax, 17, and Taylor N. Thompson, 13, both from Onalaska. Dakota L. Dunivin, 18, from Chehalis, died the following day at the hospital.

Most of the young people either attended Onalaska schools, or had in the past.

Depending on the information in the accident report, Enbody knows his client could be facing charges such as vehicular assault and vehicular homicide.

Rogerson’s DUI case has not progressed very far, because of the possibility prosecutors could file those charges in Lewis County Superior Court, on the fourth floor of the Lewis County Law and Justice Center.

Enbody and Rogerson are just waiting. And a decision is expected soon.

“If it’s good news, we’ll deal with a DUI down here,” Enbody said. “If it’s bad news, we’ll deal with it upstairs.”

Rogerson has pleaded not guilty to driving under the influence.

He told a deputy he’d had a beer about five hours before the wreck, and declined a portable breath test, but was taken to the hospital to have his blood drawn for testing.

The initial accident report does not include his blood alcohol level.

Among his conditions of release are that he may not drive without an ignition interlock device installed in his vehicle. He may not consume any alcohol and is wearing a court-ordered alcohol monitor bracelet which will detect if he does.

Enbody told Judge R.W. Buzzard this afternoon his client has gotten a drug and alcohol evaluation. He also said Rogerson has 100 percent compliance with the bracelet and requested its removal, in part because of financial considerations.

Deputy Prosecutor Jessica Blye said the state opposed the removal. Judge Buzzard didn’t grant the request.

Today’s hearing was then postponed for two weeks.
•••

For background, read “Surviving driver from fatal Onalaska wreck ordered to wear alcohol monitor while case pending” from Friday July 17, 2015, here