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Charging decision expected soon in Onalaska triple fatality wreck

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 [1]

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.
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For background, read “Surviving driver from fatal Onalaska wreck ordered to wear alcohol monitor while case pending” from Friday July 17, 2015, here [2]