[1]Mossyrock Police Chief Jeremy Stamper is surrounded by police, deputies and troopers after today's sentencing of Wayne Burdette.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – More than two dozen uniformed law enforcement officers dominated the courtroom gallery, figuratively and then literally standing behind Mossyrock Police Chief Jeremy Stamper today.
They were there to observe the sentencing of Wayne Burdette, a 44-year-old man convicted last week of obstruction and acquitted of a more serious charge of felony harassment.
[2]Wayne Burdette
The charges stemmed from a June traffic stop in which Burdette got out of his truck with his right hand behind his back and advanced on Stamper – after being told to stay put – prompting the officer to draw his pistol and retreat behind his patrol car. Burdette was arguing he wanted to see the radar reading.
Chief Deputy Prosecutor Brad Meagher told the judge Burdette willfully and egregiously placed the officer in fear he was going to be shot.
Meagher asked the judge to send Burdette to jail for one year, the maximum amount allowed for the crime of obstruction, saying the judge needed to send a message.
“You and I have a bad day (at work), I go home with a headache,” Meagher said. “This officer has a bad day, he may not go home.”
Meagher had argued unsuccessfully in the trial last week in Lewis County Superior Court that Burdette’s actions and manner amounted to a threat to kill.
Defense attorney Ken Johnson this morning reminded the court Burdette was convicted of a gross misdemeanor, not the other charge and suggested the punishment should fit the crime.
The delay in the speeding ticket getting issued was not extensive, Johnson said.
Normally obstruction would be dealt with in District Court and the outcome might be two days in jail with the balance suspended, he said. His client has already been held for 71 days, he said.
Since the judge agreed to consider writings [3] found in Burdette’s home, Johnson said he needed to explain some background.
Johnson told the judge Burdette has experienced police misconduct first-hand, which colors his view of officers, and has been seeking avenues of redress.
“There is a right way to do it and a wrong way to do it,” Johnson said. “Clearly arguing on the side of the road is the wrong way.”
Stamper asked Judge Richard Brosey for a sentence of one year, telling the judge Burdette is a danger.
“This guy is gonna kill one of us, given the first opportunity,” Stamper said.
Burdette took the judge up on his offer to comment.
“This is the third time I’ve been chained and caged,” he said.
“Words just really fail me, because what do you do about incompetence? What rights do you have?” Burdette asked.
Judge Brosey offered a lengthy soliloquy, telling Burdette that whatever may have occurred in the past elsewhere had nothing to do with any officers in Lewis County.
“Just because they choose to wear a uniform doesn’t make them inherently evil or out to get you,” Brosey said.
Brosey told him if he has issues with cops, he needs to take it up in court.
“You got a fair trial, perhaps the fairest I’ve ever seen,” he said. “That doesn’t alter the fact you did in fact obstruct, and you’re darn lucky you’re not dead.”
Brosey gave him 365 days in jail, with credit for time served.
The judge and the defendant exchanged more words after a statement was read about his appeal rights.
“You can say all the pretty legal words you want but it does not make it justice,” Burdette said.
Brosey once again tried to convince Burdette the system works, although it’s not fast or easy. And then the hearing was over.
“We’re done,” Brosey said.
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For more background, see “Breaking news: Burdette: Acquitted of felony harassment” from Friday August 19, 2011 at 5:23 p.m., here [4]