By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The arrest of a 21-year-old Randle resident came after the White Pass High School principal came across “disturbing” postings on Facebook which seemed to involve students and notified law enforcement on Monday.
Charging documents filed yesterday in Lewis County Superior Court state a deputy responded to the school and then spoke to former girlfriends of Nickolas J. Hardman-Schmitt and then interviewed him.
The nature of the posts reportedly made by Hardman-Schmitt were not disclosed, but the investigation led to his Monday arrest.
According to charging documents, a 19-year-old who said they dated told the deputy of an instance where Hardman-Schmitt allegedly ignored her telling him no, she did not want to have sex.
A second incident allegedly involved Hardman-Schmitt’s request to role play a rape scene and although she refused, he allegedly went ahead, putting his hands around her throat and squeezing until she saw spots, the documents allege.
During his investigation, Deputy Tim English also spoke with a 13-year-old girl who shared Facebook posts from Hardman-Schmitt in which he repeatedly asked her to be “friends with benefits”, which the girl understood to mean he wanted to have sex with her, the documents state.
Hardman-Schmitt was charged yesterday with two counts of third-degree rape and one count of second-degree assault with sexual motivation as well as felony communication with a minor for immoral purposes.
Defense attorney Joely O’Rourke told the judge yesterday her client had absolutely no criminal history as a bail amount was discussed. She said he has a stable address where he resides with his father.
Lewis County Senior Deputy Prosecutor Sara Beigh said the allegations were serious and requested Hardman-Schmitt be held on $150,000 bail.
O’Rourke said Hardman-Schmitt had been working as a cook at a Randle restaurant but was currently unemployed and she believed he qualified for a court appointed attorney.
Judge James Lawler set bail as prosecutors requested and signed orders prohibiting contact with the alleged victims.
Third-degree rape is a class C felony, punishable by up to five years in prison. Second-degree assault with sexual motivation holds a maximum penalty of life in prison.
The defendant was initially charged in Lewis County District Court with communication with a minor for immoral purposes, a gross misdemeanor, but that charge was dismissed and re-filed as a felony in Superior Court.
His arraignment is scheduled for Feb. 18 in Lewis County Superior Court.
Tags: By Sharyn L. Decker, news reporter
No King Gringo, the Lewis County courts don’t need a reason to upgrade a person’s charges if the defendant has a court appointed attorney. This may seem unfair, but the people who work within the court system are chosen according to their skill at playing the game and pretending not to see anything illegal. As long as everybody is on the same page, the courts have carte blanche to do whatever they want, no matter how illegal or harmful to defendants.
If the defendant had a proper attorney, the charges would not have been elevated. In fact, if the defendant had a proper attorney, they would have a hard time getting the prosecutor up to speed on the law in time for trial.
Ha ha. I think Toni’s got enough problems right now.
I AM curious as to why a “gross misdemeanor” in District Court is now a “felony” in Superior Court. Is it because felonies can’t be tried in District Court?
Don’t let toni nelson near that case!