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May 18, 2010 in City
Firefighter pleads not guilty; new prosecutor appointed
COLVILLE – A new prosecutor was named today to handle the felony charges against Spokane fire Lt. Todd Chism, who is accused of assaulting two Washington State Patrol troopers during a confrontation last month where witnesses allege Chism threatened to beat one trooper to death.
Chism, who was exonerated two years ago during a WSP investigation into possession of child pornography, is on unpaid layoff status from his job that pays $93,535 per year. He pleaded innocent to the new charges Tuesday and his attorney, Carl Oreskovich, successfully sought to replace Stevens County Prosecutor Tim Rasmussen.
Oreskovich told Superior Court Judge Al Nielson that he expects to call Rasmussen to testify about how he prosecuted Trooper Greg Birkeland, who is named as one of the victims in the new case against Chism, for a hit-and-run collision on New Year’s Day 2004.
“It is expected that Mr. Rasmussen’s testimony will be material to impeach the credibility of the State’s witness,” Oreskovich wrote in court records. “The rule is clear that counsel cannot act as an advocate and a witness in the same trial.”
Nielson granted the request and set a trial date of Aug. 2 for Chism, who pleaded not guilty. Ferry County Prosecutor Mike Sandona will now handle the case in which Chism faces two felony counts of third-degree assault. He also faces the misdemeanor charges of resistant arrest and driving a motor vehicle while under the influence of alcohol.
The charges stem from a call in the early morning hours of April 6 about a vehicle in the ditch off Highway 291 just outside Chism’s driveway. Trooper Gregory Riddell arrived on the scene and was told by an unidentified firefighter that the driver was refusing aid.
Chism exited his truck and told Riddell he would get it unstuck the next day. He told Riddell he could go home. But Riddell saw Chism stumble and noted that he had bloodshot eyes and an open pants zipper, according to court records. Chism, who said he’d earlier been drinking at home, failed a field sobriety test.
Trooper Riddell then called Trooper Greg Birkeland to take over the investigation because Riddell’s shift was ending. Chism then became agitated when Birkeland apparently noted that Chism’s name sounded “familiar.”
After failing the sobriety tests, the troopers attempted to take Chism into custody. Both said he resisted and Riddell shocked Chism with a Taser after he advanced toward Birkeland, according to court records.
A brawl ensued in which one trooper suffered a broken thumb, the other suffered an injured hand and Chism suffered punches to the left eye. After the troopers handcuffed Chism, he reportedly asked to have his cuffs taken off so he could beat Riddell “to death,” according to court documents.
In his court filing, Oreskovich said Rasmussen previously prosecuted Birkeland for charges stemming from a hit-and-run collision on Jan. 1, 2004, in Spokane.
A homeowner reported at 2:30 a.m. that someone crashed a vehicle into his property and identified the driver as Birkeland “who smelled like a brewery,” Oreskovich wrote.
However, the report detailing that contact with the homeowner was excluded by the judge in the case.
“Mr. Rasmussen cross examined Trooper Birkeland without benefit of the complete investigative report and it was later determined that Trooper Birkeland did not testify truthfully while he was previously under oath regarding his hit and run accident,” Oreskovich wrote. “Officer Birkeland is one of the arresting troopers in the instant case against Mr. Chism so his credibility will be a material issue.”
Closing Geiger: Wise or worrisome? 
KeepingitReal on May 18 at 11:58 a.m.
Why do they bother bringing this stuff to our attention?? He will get off just like every other county official does. He gets off on child pornography (which was probably dismissed because they didnt have enough evidence to actually hold up in court but showed he was guilty) so why would we think this case is going to be any different?
Another way to waste tax payers money!
Jim_T on May 18 at 12:53 p.m.
KeepitReal get your facts stright. Todd works for the city not the country. Second the child porn charges were dropped because the State Patrol did not do their homework. Todd’s ID was stolen and the porn was brought in his Wife’s name. In short Todd was not quilty and his sueing the state Patrol for false arrest. HIs Wife was not quily either.
Todd may be quilty a trial will find that out. I can say this tho his buisneess and marrage were both almost destoried by the false porn charges and if it had been me I would have been very scared and not trust the state troopers either. In short you should get your facts stright before saying bad things agains someone
lewis8457 on May 18 at 12:54 p.m.
They need to get us to believe that the “above the laws” are serving the same justice we all are, and then when they get to court we get to see how screwed up our justice system really is. Judges allowing in uniform police to pump their arms up and down and make comments like “I was waiting for him to make a move” in the courtroom. Any normal person do that or say that in a court room would be sited for contempt of court and or tackled to the ground.
It goes all the way to the top. Our local judges aren’t any better then our local prosecutor or police. The basket is full of rotten eggs. And it is SR’s job to remind us of it over and over again, and then the icing on the cake is when a levy or a new voter required tax comes up, and it passes with flying colors. Because Spokane is heavy with government workers and they vote yes for new taxes because it benefits them, and they can afford it. Heck if Obama gets his way we all will be working for the government at some point, and then voting will be a mute point.
I stopped feeling sorry for Mr. Chism when they showed a picture of the front gate to his ESTATE.
Who knows maybe we will have to put breathalyzers on our fire trucks too.
Jim_T on May 18 at 1:12 p.m.
Mr Chism worked two jobs and his wife worked also. Working hard and helping to build his house is how he got his ESTATE you should try it it works.
How may people at your job have had DWIs ?
JFRENCH on May 18 at 2:16 p.m.
Ha. What job. All this guy does is sit around all day and complain on SR blogs. Some people work hard for what they have and the others will always be jealous.
misjustice on May 18 at 2:35 p.m.
The Chism case just seems to get curiouser and curiouser…wonder what skeletons are in the closet of the newly appointed prosecutor???
softballer4life on May 18 at 3:27 p.m.
What about the marijuana and/or paraphernalia seized from Chism’s home during the original arrest? Was it determined who the stuff belonged to and will there be charges for that? This should be determined and reported on since it is a scary thought to consider that someone in his position may be impaired by drugs and he certainly seemed to be impaired by alcohol recently during the alleged incident with WSP. Maybe anger management should come into play here to? More details and follow up are needed in this case so the truth can be presented either way.
bdr on May 18 at 3:50 p.m.
Apparently he was so pissed……about the child porn thing he drove off the road…….waited with his zipper down ,somehow made it threw multiple taser loads unfazed, got hand cuffed
and still threatened to clean their clock. after breaking fingers and such.
And did all this while blowing over .08 ?????????
so if your impaired at .08 how could the guy overcome the tasers and two iron pumped up officers. @ .08
He should be called Hercules or Igor.
Orange on May 18 at 4:23 p.m.
Iron pumped up officers? Where? Most I’ve seen are pudgy and to be honest couldn’t beat the doors in on a straw hut let alone take down a fireman.
GaryP on May 18 at 7:14 p.m.
Lewis: It is up to the SR to “remind us of it over and over again”? Wow, how lucky we are for the SR! The Cowles family is in organized crime and use the power of the press to pay a small portion of property taxes compared to everyone else. If the assessor tries to make them pay, they get blasted and can’t get reallected. My tax dollars suppost the RFP garage owned by the Cowles. The few council people that have taken them on are called “civic terrorists” by the editors. I love craigs list because it’s putting this piece of toilet paper they call a newspaper under. Peace out
ChefGus/ John Olsen on May 18 at 11:00 p.m.
still think these “raging” folks could be screened for Anabolic Steroids and Testosterone and you’d have a better understanding of why they act as theydo… j
Liberty_Bell on May 19 at 6:23 a.m.
Yes Jim T, they work in the Country, Federal, State and Local.
We all know the drill at the WSP
http://www.krem.com/internal?st=print&id=89307882&path=/news/northwest-news
The Drunk Driving Washington State Trooper? Just call your rookie friend and train him how it works, it works the same at any government agency, Vote Drunk, shown best by your local represenative Lisa Brown in Olympia.
As the Washington State Suprteme Court Made Clear, in Brown v. Owen, the “grave violation’s” a requirement to get elected, or hired as a government agent
Vote American with Disabilities Act, and you too can wonder why there all (D)runk (D)riving, and Broke too!
Clara on May 19 at 10:11 a.m.
It appears that Mr. Rasmussen isn’t very ethical or honest either. If he was then why didn’t he do something about the supposed WSP perjury 6 year ago when he alleges that it happened? How convenient that he decides now that it happened. Chism got caught drunk, fighting with the cops. Now he’s crying about it like a spoiled teenager. He needs to grow up, sober up, and start setting a good example for his children! What a waste!!