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The family of a 24-year-old woman shot by a man sentenced to 31 months in prison earlier this week following a January robbery attempt says they are angered they were not informed of the plea deal before it was approved.
But the victim advocate on the case said the woman who was shot declined to participate in the trial proceedings, and restitution was ordered to cover her medical bills.
"We didn't know anything about it," said Susan Debles, who identified herself as the grandmother of Brittnei J. Fawver. Fawver was shot three times in the chest by Jahvory Kinard during what investigators called a drug deal gone wrong Jan. 3. Debles said she sat by her granddaughter's side for a week as a tube sucked fluids out of her chest and kept her from suffocating. A bullet ricocheted off her rib, saving her life, Debles said.
"If that bullet would not have hit her rib, it would have pierced her heart and her lung," Debles said. "She would have drowned in her own blood."
Lori Sheeley, a victim advocate with the Spokane County Prosecutor's Office, said there were multiple attempts to reach Debles before the plea deal went through.
"We definitely did as much as we could, given the circumstances," Sheeley said.
Kinard - who is the older brother of Kenan Adams-Kinard, one of the teens accused in the fatal beating of 88-year-old Delbert Belton - pleaded guilty to one count of first-degree robbery in the case. The pleading was part of a deal to close two cases, the other an incident stemming from an armed standoff with a cab driver in September 2012, Kinard's attorney Steve Reich said Wednesday.
Debles said the family received notice of Kinard's sentencing in the mail two days after the pleading took place. She said the prosecutor in the case, Tom Treppiedi, was not returning her phone calls.
"You know he's going to do it again," Debles said of Kinard. "You can just tell by the look on his face. Next time, he's going to kill somebody."
Sheeley said Monday that Debles had not returned several messages.
Treppiedi was not immediately available for comment Friday.
After the shooting, Fawver served 73 days on a charge of money laundering that Debles said is unrelated to the drug deal. The 24-year-old is currently in custody of the Benton County Jail for a probation violation.
The Spokane County Prosecutor’s Office has declined to charge former Spokane Police Chief Anne Kirkpatrick and City Attorney Rocky Treppiedi with witness tampering in a wrongful termination case the city eventually lost and is currently on the hook for about $1.5 million in damages and attorneys fees.
The complaint, was filed in October by an attorney for Spokane Police Officer Jay Mehring, alleged that Kirkpatrick and Treppiedi failed to renew a contract of a police psychologist Deanette Palmer after she deemed Mehring fit for duty following allegations the officer threatened to kill his estranged wife.
The allegations came during a messy divorce, and a jury later sided with Mehring and awarded him $722,000 in damages and a judge approved $833,00 in fees to attorney Bob Dunn.
Sheriff Ozzie Knezovich asked the Washington State Patrol to investigate and that report was forwarded to Chief Deputy Prosecutor Jack Driscoll for review. Driscoll declined to file charges, according to a news release.
A recall petition against Spokane County Prosecuting Attorney Steve Tucker was dismissed this afternoon by a visiting Superior Court judge.
Judge Craig Matheson of Benton and Franklin counties said that four recall charges drafted by Shannon Sullivan were insufficient and that one of the four lacked a basis of knowledge.
“I’m very relieved,” Tucker said after the hearing.
Prosecutor Steve Tucker said Tuesday that he sees nothing in a petition to recall him except “rumors and hearsay, and ‘facts’ that are not true.”
The petition for a recall election was organized by Shannon Sullivan, who led the successful recall drive against Spokane Mayor Jim West in 2005.
Crime Stoppers was offering a reward for tips on a Spokane woman who's both accused of a crime and the alleged victim of a crime.
Moleasha M. Barker, 32, (left) is charged with first-degree burglary, fourth-degree assault and resisting arrest. Barker was arrested Jan. 6 and told the court she would be staying at 12721 E. Shannon Ave. after she was released on her own recognizance.
An investigator with the Spokane County Prosecutor's Office tried to locate Barker at that address May 11 to serve a subpoena for her to testify at the trial of Cameron D. Wilder (right), who is accused of assaulting her.
The apartment complex manager said Barker has not lived there in at least the past three years, leading to an arrest warrant that calls for her to be jailed without bail.
Barker is accused of drunkenly kicking down the door to an apartment at 2619 N. Market St. in January, allegedly screaming, "I am going to kill you," as the victim was feeding her children and grabbing one of the chidlren by the arm.
A Spokane police officer said she was belligerent and called him a "white supremacist cop" as she was arrested, according to court documents.
Barker was arrested Thursday and appeared in Superior Court this afternoon.
A Washington State Patrol sergeant who shot an unarmed pregnant woman during a drug raid in Spokane last fall will not face criminal charges, officials confirmed Tuesday.
Sgt. Lee Slemp has been on paid administrative leave since the Sept. 24 incident. He will return to work today in an administrative position while WSP conducts an internal investigation into the shooting, said Bob Calkins, spokesman for the State Patrol.
A crime suspect’s angry courthouse outburst after a series of prosecution mixups involving the case against him has led to an unusual new charge and prompted authorities to bring in an outside judge to preside over it.
Roland W. Finney, who will turn 36 Friday, faces a single charge of intimidating a public servant in connection with a verbal altercation with Deputy Prosecutor Mark Cipolla last year.
Spokane County prosecutors already had brought in Lincoln County Prosecutor Jeff Barkdull to handle the case, but Superior Court Judge Tari Eitzen on Monday decided to send the case to a judge outside of the county, citing a witness list that includes a deputy prosecutor and fellow Superior Court Judge Michael Price.
Read the rest of Thomas Clouse's story here. It includes this line: "The truth of the matter is that for some, life is a bitch.”
Kristin Bell had what she calls a moment of weakness that has turned into a 2 1/2-year legal nightmare and forced her to give up a dream of ever working as a grade-school teacher.
Bell, 24, admits that she foolishly stole $163 worth of items in 2008 from a craft store in Cheney. But it’s what happened on her way to her car that forever changed her life and sparked a legal debate that continues today.
“It’s just been such an ordeal,” said Bell, who is about three classes short of her degree, unemployed and recently had a son. “I obviously admitted I shoplifted and paid the fines for it. I don’t believe being charged with robbery was right at all. It’s been ridiculous.”
The case, and others like it, has raised questions within Spokane’s legal community as to whether justice is being served when prosecutors turn what appears to be a shoplifting case into a felony at the same time they complain to county commissioners and taxpayers that they are understaffed and overworked.
The Spokane County deputy prosecutor who didn’t file a felony drunken driving charge against a man with a history of dangerous crashes said she’s not sure she has enough evidence to make the charge stick.
James L. Crabtree, 49, appeared in court Tuesday and was told that a previous judge’s order that he not drive was lifted because prosecutors had not filed charging documents.
Deputy Prosecutor Mary Ann Brady said she expects to eventually charge Crabtree with something, but possibly not the felony driving under the influence charge being sought by investigators.
Spokane County Prosecutor Steve Tucker was reelected Tuesday night.
Tucker (right) was leading defense lawyer Frank Malone 33,111 to 28,322 with 37 percent of ballots counted.
Meanwhile, Kootenai County Deputy Prosecutor Jim Reierson campaigned for write-in votes despite the fact that he wasn’t eligible to win the race because he lost in the primary.
After complaining that the newspaper was ignoring his campaign, Reierson (left) backed out on a planned interview with a reporter on Tuesday, saying he wanted to enjoy the nice weather instead.
“I apologize for not calling you this morning, but I just did not feel like it,” Reierson said.
Jim Camden has the full story at the Spin Control blog.
Dave Stevens, a Republican who lost his bid this summer for Spokane County prosecutor to incumbent Republican Steve Tucker and Democrat Frank Malone, said Wednesday that he cast his vote for Malone in the November election.
Jon Brunt has the full story at the Spin Control blog.
The Democratic challenger for Spokane County prosecutor on Monday called for the Washington State Patrol to take over the investigation into the fatal shooting of a Spokane Valley pastor.
Spokane lawyer Frank Malone said he had not contacted the WSP, but noted they were already involved in the investigation of the Aug. 25 shooting by Deputy Brian Hirzel as part of a protocol that is designed to avoid having a department investigate itself. “
This investigation is already compromised,” Malone said. “The deputy being allowed to go on vacation was ill-advised and created an unnecessary appearance of coziness with the legal system. The deputy is as interested in a credible investigation as anybody else. He doesn’t want this cloud hanging over him, either.”
A consultant says he found no “aha” solution to a budget-driven slowdown in the Spokane County Prosecutor’s Office.
“A budget cut of the size imposed upon the prosecutor’s office is bound to have serious repercussions, as it appears that it did,” longtime Florida prosecutor Randy McGruther reported.
McGruther, chief assistant state attorney for a five-county Florida judicial circuit, conducted a $5,000 study in May at the request of county commissioners and criminal justice consultant David Bennett.
Read the rest of John Craig’s story here.
When defense attorney Chris Bugbee (right) addressed a room full of Republicans in June, he told them that he not only intends to defeat incumbent Spokane County Prosecutor Steve Tucker (left), Bugbee said he intends to retire from the office.
The bold prediction not only illustrates Bugbee’s quick emergence as a front-runner but how contentious the primary contest has become.
The five-way race also features Republican David Stevens (right), Democrat Frank Malone (bottom right), unaffiliated candidate Jim Reierson (bottom left) and Tucker, a Republican, who has repeatedly said that his opponents don’t understand what it takes to manage 140 employees and points to his experience as the reason he is the best choice.
All of the candidates are experienced lawyers.
“I am the only one with law enforcement experience. I have more management experience than all the others and more time in the prosecutor’s office,” Tucker said. “It gives me a better base to make decisions.”
But Bugbee, who up until 2002 worked under Tucker, deadpanned: “What good is experience if you are not actually doing the job?”
Bugbee, 43, has raised twice as much money as his closest rival – Tucker – and has racked up the most influential law enforcement endorsements, landing the Spokane Police Guild, the Spokane County Deputy Sheriff’s Association and the Fraternal Order of Police, which is made up of retired law enforcement.
Read the rest of Thomas Clouses’s story here.
Read more about the candidates here.
A testament to the popularity of Spokane County Sheriff Ozzie Knezovich may be the level to which candidates for Spokane County prosecutor are seeking his support.
The situation came to a head last week when incumbent Steve Tucker announced during a debate that he had the support of Knezovich (pictured).
Asked to clarify that support, Tucker made it clear that the sheriff has not endorsed his candidacy.
But Tucker’s opponents – fellow Republicans Chris Bugbee and Dave Stevens, Democrat Frank Malone and unaffiliated candidate Jim Reierson – all said they believe the average voter may not know the difference between support and an official endorsement.
Read the rest of Tom Clouse’s story here.
The Republicans of Spokane County endorsed both incumbent Spokane County Prosecutor Steve Tucker and challenger Chris Bugbee after an election forum this week.
That left out Republican challenger Dave Stevens, who earlier earned the endorsement of the Spokane County Republican Party.
Democrat Frank Malone and self-proclaimed “Law and Order” candidate Jim Reierson were not invited to the Monday forum sponsored by Republicans of Spokane County, which endorses candidates separate from the main party.
Tucker said he also received the endorsement of the Spokane Regional Labor Council, which includes several large unions.
Bugbee earlier received the endorsement of the Spokane Police Guild.
Separately, Tucker was elected Wednesday as the secretary of the Washington Association of Prosecuting Attorneys. He said he’ll become president of that organization in two years if he is re-elected.
A forum for three of the five candidates seeking the Spokane County prosecutor’s spot is set for tonight..
The forum, sponsored by the Republicans of Spokane County, will be moderated by Spokane County Sheriff Ozzie Knezovich, who has not endorsed a candidate. It starts at 6:30 p.m. at the Quality Inn Valley Suites, 8923 E. Mission Ave., in Millwood, and will include incumbent Steve Tucker, Chris Bugbee and Dave Stevens, who all list themselves as Republicans.
Not invited are Democratic candidate Frank Malone and “Law and Order” candidate Jim Reierson, who works as a deputy prosecutor in Kootenai County.
Read a story on the debate here.
The Spokane Police Guild has endorsed Chris Bugbee for Spokane County prosecutor. Guild President Ernie Wuthrich told Bugbee of the endorsement in a letter sent to his campaign headquarters.
“Through your many years of service to the Spokane community you have developed a reputation as someone who is willing to fight regardless of the consequences,” Wuthrich wrote. “Many of our members have worked with you in a professional capacity and believe you to be fair and trustworthy and the best candidate to serve in this very important position.”
Here’s how the union described the candidates:
- Bugbee, a former Spokane County Deputy Prosecutor now criminal defense attorney in both Washington and Idaho, has handled all crimes as a prosecuting and defense attorney.
- David Stevens has only handled property, drug crimes and misdemeanors.
- Republican Incumbent Steve Tucker- historically has settled crimes at all levels and his tenure likely appears to be over based on an absence of support from law enforcement and his own party.
- Democratic candidate Frank Malone has spent the overwhelming majority of his career handling misdemeanor level crimes.
A Kootenai County deputy prosecutor joined the race for Spokane County’s top prosecutor today.
Jim Reierson, who lives in Spokane, said he prefers “The Law and Order Party,” Jim Camden reports at Spin Control.
Reierson, 59, ran for the job four years ago as a Democrat, and ran twice for Spokane County District judge, which is a nonpartisan position.
He wrote letters to the editor in April and in February blasting Prosecutor Steve Tucker. Check them out here.
Reierson joins David Stevens, Chris Bugbee and Frank Malone as Tucker’s challengers.
Prosecutors are waiting until the end of the school year to file vehicular homicide charges against two teens involved in a crash that killed a 19-year-old Spokane woman, Spokane County Sheriff’s Detective Dave Thornburg said today.
Thornburg sent an investigation recommending the charges against Brooke A. Reese and Taylor D. Marean, both 18, on April 5. The teens were said to be racing when their cars collided on southbound Hatch Road near 54th Avenue early Feb. 14, killing Jacoby N. Bryant, 19 (left).
Marean is a student at the University of Washington, and prosecutors are allowing him to finish the term before he’s arraigned on the felony charge, Thornburg said.
Bryant, a 2009 graduate of Lewis and Clark High and a student at Eastern Washington University, was a passenger in Reese’s 1999 Pontiac Grand Am when it collided with Marean’s 2005 BMW, then struck a tree, according to the Sheriff’s Office.
Reese reportedly admitted to drinking four shots of Vodka at a party before the deadly crash, according to a search warrant. She faces a possible drug possession charge after detectives found meth in her purse in the Grand Am. Thornburg’s recommendation also includes two counts of minor in possession/consumption of alcohol against Reese and Marean.
Steve Tucker has a new challenger in the race for Spokane County prosecutor.
Chris Bugbee, a 42-year-old Republican who worked six years as a deputy prosecutor, has announced his bid to unseat his former boss.
He joins fellow Republican David Stevens and Democrat Frank Malone in what is now a four-way race for the position.
“I think the office needs a real leader,” Bugbee said in reference to his former boss. “I don’t think Mr. Stevens is an appropriate candidate. I think he has demonstrated some questionable judgment. I fear that if he is going to be making those decisions as elected prosecutor, the consequences to the public will be even bigger.”
Read the rest of Thomas Clouse’s story here.
A candidate for Spokane County prosecutor has accepted a $500 campaign contribution from the wife of a man being prosecuted by the office he wants to oversee.
Records show that Republican prosecuting attorney candidate Dave Stevens accepted the donation in February and has kept the money despite knowing that the contributor’s husband, David Elton (left), faces three counts of felony harassment.
David Elton wrote in an e-mail in February that he would “donate as much as he could afford” to Stevens’ campaign. Documents from the state Public Disclosure Commission show that Elton’s wife, Belinda Elton, contributed $500 in February.
Read the rest of Jonathan Brunt’s story here.
Elton, 44, is accused of making threats in e-mail messages to his ex-wife, Robin Stewart, Cowles Co. Chairwoman Betsy Cowles and Spokane City Council President Joe Shogan. Deputy Prosecutor Dale Nagy is seeking a bench warrant for Elton, alleging he’s failed to notify Nagy on several occasions that he’s leaving town 48 hours in advance as required by a court order.
Judge Maryann Moreno is set to hear that motion on April 15.
Mark Vovos withdrew as Elton’s lawyer late last month. Elton has said he may represent himself.
Prosecutor Steve Tucker doesn’t know the guy’s name or where he’s from, but he’s hoping that the “professional prosecutor” found by a consultant can help Spokane County solve a worsening problem of releasing crime suspects back into the community because his office is unable to file necessary paperwork.
“I’m not too much in favor of hiring more consultants,” Tucker said. “That money could be used hiring attorneys back and getting them back to work here.”
But he said he agreed to the plan rather than risk being labeled an “obstructionist.”
Read the rest of Tom Clouse’s story here.
Meet Charles D. Baker. The 50-year-old convicted child molester is a level 1 sex offender, considered the least likely of the classifications to reoffend.
But his lengthy criminal history shows a likelihood to reoffend when it comes to property crimes - Crime Stoppers called him a “heavy hitter” and “armed career-criminal” with rap sheet that includes failure to register as a sex offender, malicious mischief, possession of stolen property and burglary.
Baker also is an example of what a consultant today told county commissioners is happening more and more: suspected felons released from jail because the Spokane County Prosecutor’s Office hasn’t filed charges within 72 hours.
Baker was arrested Feb. 7 on suspicion of residential burglary at 1712 E. Queen. He had an arrest warrant from the Department of Corrections for escape from community custody, according to court documents, but he walked out of jail when a judge ruled preliminary paperwork from the prosecutor’s office didn’t establish probable cause to hold him. Sheriff’s deputies wrote that paperwork, prosecutors say.
When prosecutors filed a residential burglary charge Feb. 17, Crime Stoppers issued a reward for tips leading to Baker’s arrest. He was re-arrested Feb. 23 and remains in jail.
Consultant David Bennett told county commissioners today that efforts to reduce jail needs through swift justice have hit a “significant roadblock” because the prosecutor’s office regularly is failing to file formal charges within 72 hours, leading to the release of suspected criminals.
Read John Craig’s story in tomorrow’s Spokesman-Review.
Read a previous story on the subject here.
The former deputy prosecutor challenging his boss for the top prosecutor’s spot has a new campaign manager.
Rae Lynn Conger will manage Dave Stevens’ campaign against Prosecutor Steve Tucker, Stevens announced today. His former manager Michael Cathcart, left the campaign to become campaign manager for Michael Baumgartner, who is running for state Senate in the 6th district against Chris Marr.
Conger has a bachelor’s degree in communications from Eastern Washington University. In 2006, she spoke with The Spokesman-Review about her objection to identify her race on forms or applications. Read that story here.
Stevens was fired by Tucker last month. He’s challenging the dismissal through his union.
David Stevens has released his response to the complaints that led to his firing as a deputy prosecutor.
Spokane County Prosecutor Steve Tucker fired Stevens, who had been with the office since 2002, yesterday after putting him on leave shortly after he announced he was running for Tucker’s job.
“It was a management decision,” Tucker said. “To work effectively, we have to have a unified team. Unfortunately, when (Stevens) decided to run, he went back during work time and started making statements about who he would fire and about replacing the entire management team. “
In a five-page letter addressed to Tucker Feb. 11 and released publicly today, Stevens said no one would be fired if he’s elected.
He detailed a conversation he had with another deputy prosecutor who had asked if his job was safe if Stevens won. Stevens says he told him yes but mentioned a supervisor he feels lacks necessary skills.
“In response to his questions, I said that I found it unusual that supervisor and the people they supervise aren’t separated better,” Stevens wrote. “If elected, it’s an issue I would like to consider, but in no way did I ever say that supervisors shouldn’t’ be union members.”
Stevens continues, “Mr. Grasso asked me if I thought I would be fired. In response to his question, I told Mr. Grasso that I hoped not but many of my friends thought it might be good publicity and I shared what my friends had said about how it would “get a few bites at this apple…” I was clear in responding to his question, saying that I hoped not to be fired and that I was just as committed to working my cases as I had always been.”
Read the entire letter here
Spokane County Prosecutor Steve Tucker said he gave Stevens a choice of unpaid leave until after the August primary or termination.
Stevens chose the latter.
“It was a management decision,” Tucker told S-R reporter Tom Clouse. “To work effectively, we have to have a unified team. Unfortunately, when (Stevens) decided to run, he went back during work time and started making statements about who he would fire and about replacing the entire management team. “
“The phone was ringing off the hook,” Tucker said of other deputy prosecutors who feared for their job security. “The environment go so bad it was hard for us to serve the public in the property-drug unit.”
By Thomas Clouse
Spokane County Prosecutor Steve Tucker fired today the deputy prosecutor who announced earlier this month his intention to challenge Tucker in the August primary.
Tucker (right) fired Deputy Prosecutor David Stevens after a meeting this morning. Stevens, who announced his firing by a campaign e-mail, had previously referred to Tucker as an “absent administrator.”
“This appalling outcome simply reinforces why so many in our community are frustrate with the prosecutor’s office,” Stevens (bottom left) said in a news release. “This poor decision isn’t going to deter or alter our campaign in any way. I plan to continue focusing on Spokane County’s important issues and availing myself to be out listening to the public’s concerns at every possible opportunity.”
Also today, local attorney Frank Malone will announce his bid to unseat Tucker, who beat James Sweetser in 1998, ran unopposed in 2002 and defeated Bob Caruso in the 2006 election.
As for Stevens, who like Tucker is a Republican, he said he will follow through with his union’s grievance process and hopes to be reinstated to the job that pays him $86,000 a year.
By Thomas Clouse
A Democrat is joining the race for Spokane County prosecutor.
Longtime local attorney Frank Malone confirmed his bid to challenge Prosecutor Steve Tucker today. Meanwhile, Tucker is scheduled to meet Wednesday with Deputy Prosecutor David Stevens, suspended earlier this month after Stevens announced his own bid to run for prosecutor.
“We are going to consider options,” Tucker said last week.
Stevens said he doesn’t know what will happen with his job status. He’s been a deputy prosecutor since 2002 and said he makes $86,000 a year.
“I wonder how much this week has cost. I’ve been paid a week to stay home and it’s not my vacation time,” Stevens said last week.
Tucker questioned why the public should pay someone to run against his boss and wrote to Stevens that he “violated behavioral standards by not effectively communicating with other county employees and not getting along with other co-workers and managers.”
“I like his management team,” Malone said of Tucker. “But I would be coordinating with other county officials. I would be out in the community. The community loves (Sheriff) Ozzie Knezovich because he’s out there all over the place. That’s what you do to get public support.”
Malone, 67, has been an attorney since 1985.
The graduate of Gonzaga University School of Law also served 27 years in both
the Air Force and Air National Guard. Malone served as a
navigator in both B-52 bombers and later the KC-135 tankers during the
Malone makes the third candidate in a race in which the filing deadline does not expire until June 11.
“A couple of months ago, I was hanging around the courthouse and there was considerable dissatisfaction with how the criminal justice system, which is 80 percent of the budget, was working,” Malone said. “It occurred to me that there might be some support for someone with management experience and with the toughness to handle the problems at the courthouse.”
Malone currently practices both criminal defense and family law, and most recently has been working to help distressed homeowners caught in the housing crisis, he said.
The two candidates with the most votes in the Aug. 17 primary, regardless of party affiliation, will advance to the November general election.
Tucker defeated incumbent James Sweetser in 1998 and then ran unopposed in 2002 election. In 2006, Tucker defeated challenger Bob Caruso, who ran as a Democrat but was not endorsed by the local party.
Malone said he will seek his party’s nomination.
Amy Biviano, the chairwoman of Spokane County Democrats, said she’s thrilled that Malone has chosen to challenge Tucker.
By Thomas Clouse
Deputy Spokane County Prosecutor David Stevens remains on leave after he turned in the response Friday to complaints following his announcement last week that he would run to unseat his boss, Prosecutor Steve Tucker.
Stevens (right) and his union representative will meet with Tucker (bottom left) next Wednesday before the prosecutor decides a final course of action, which could include discipline or termination.
“We are going to consider options,” Tucker said.
Stevens said he doesn’t know what will happen with his job status. He’s been a deputy prosecutor since 2002 and said he makes $86,000 a year.
“I wonder how much this week has cost?” Stevens said.
“I’ve been paid a week to stay home and it’s not my vacation time.” The flap began last week after Stevens announced his candidacy by criticizing Tucker’s leadership and referred to him as an “absent administrator.”
Tucker questioned why the public should continue paying someone to run against his boss and wrote to Stevens that he “violated behavioral standards by not effectively communicating with other county employees and not getting along with other co-workers and managers.”