Powers’ son gets quick exit from jail

A Superior Court judge ordered the release of former Mayor John Powers’ son last week, after he spent 16 minutes in jail on burglary charges.

But the judge said the unusual release had nothing to do with the suspect’s father.

According to court documents, John Powers, 23, and his 20-year-old sister, Annie Powers, broke into the home of Joseph Green on May 9. Green told police he was sleeping at the time and woke up when John Powers started hitting and kicking him.

Witnesses later told police that the incident was sparked by something Green had said about Annie earlier in the night, records show.

Spokane Police Detective Harlan Harden investigated the case, according to court records, and arrested the younger Powers on May 13 on suspicion of first-degree burglary. Powers was booked at 4:30 p.m., but walked out at 4:46 p.m. when Superior Court Judge Neal Rielly called jail officials and ordered his release, jail commander Capt. Dick Collins said.

“Judge Rielly called, found out that Mr. Powers was indeed in jail and” released him on his own recognizance, Collins said. “So, he was released by the court. It does happen, but it’s not something that happens frequently.”

Most of the time, suspects arrested for felonies spend a night in jail until their cases can go before a District Court judge. That judge in the first-appearance hearing looks at the charge, criminal history and then decides whether to impose a bond or release them on their own recognizance, said Jack Driscoll, chief criminal deputy Spokane County prosecutor.

But in this case, Rielly said he released Powers after receiving a call from his attorney, Craig Smith.

“I asked if it was the ex-mayor’s son. (Smith) said yes. I did that out of interest,” Rielly said.

Rielly said he then asked Smith about Powers’ criminal history and about the alleged charge. Rielly said he checked court records and confirmed what Smith said, that Powers has one DUI conviction on his record.

“Given the information I was provided, I felt the kid was entitled” to be released on his own recognizance, Rielly said. “I don’t care who he is.”

Smith said he was called by the younger Powers, not the ex-mayor. “I had nothing to do with his dad,” Smith said.

He asked Rielly for the release simply because he was available, Smith said. “I’d do the same thing for whatever client,” Smith said.

The former mayor, reached by telephone Thursday in Seattle, said he thought his son’s arrest was neither relevant nor newsworthy.

“I don’t know what circumstances surrounded this arrest and release,” said Powers, who is an attorney. “But I want to state to you clearly, I have had no contact with the judge.”

Rielly said he knows the former mayor as an acquaintance. “I can’t say I know him really well. I don’t consider myself a friend.”

Under release conditions, judges are required to release suspects “unless we think they are a flight risk or a risk to the community,” Rielly said. “I just didn’t think he was. I called over to the jail. He was released. I can’t tell you much more than that.”

Rielly said he gets similar calls from attorneys every couple of months. Sometimes, he decides the suspects should stay the night in jail and follow the normal process.

“If I shouldn’t (release the suspect) I won’t do it,” Rielly said. “I would never (release) or not (release) based on their family history or who they are.”

Driscoll said his office received two referrals Thursday from Spokane police. One seeks to charge John Powers with first-degree burglary, and the other seeks to charge Annie Powers with residential burglary. Both charges are felony offenses. Driscoll said first-degree burglary is charged if the victim is assaulted.

Receiving a referral basically means that prosecutors will review the case to determine if formal charges should be filed, Driscoll said.

Neither the younger Powers, nor Annie Powers, who attends the University of Montana, could be reached Thursday or Friday for comment.

According to court records, the incident in question occurred at about 2:45 a.m. on May 9.

Joseph Green told Detective Harden that he was sleeping that morning when he was “awakened by a kick to his ribs,” Harden wrote.

Green said he looked up and saw John Powers and his sister standing a few feet away.

“John Powers then kicked him in the face and punched him in the face approximately six times with a closed fist,” Harden wrote.

Annie Powers told Green that he’s “ugly” and that “no one will ever hook up with you,” according to the same court document filed by Harden.

Both Powers siblings left a short time later. Green then found a message he received at 2:14 a.m. The caller ID identified the caller as “Powers.”

The taped telephone message included an expletive-laced threat referring to Green bad-mouthing his sister.

The dispute, according to court records, started as a “falling out” between the Green and Powers families. However, court records don’t say what caused the rift.

On the night of May 8, Terrance Dunne – who lives with Joseph Green – invited Annie Powers over to their home. Green then told Dunne that he wasn’t “comfortable with her there because of his family and the Powers family having had a falling out. Terrance requested that Annie Powers leave on Joe Green’s behalf,” Harden wrote.

Early the next morning, Dunne was leaving a downtown bar when he was flagged down by John and Annie Powers. They requested a ride home, according to court records.

Dunne drove them to John Powers’ home, at 1208 W. 15th Ave., “at which time John started beating up his roommate Seth (O’Hare),” Harden wrote.

Dunne helped break up the fight and told Annie Powers to take John Powers out for a drive to cool off, records state.

“Ten minutes later, Terrance received a call from Joe Green stating he had just been beaten up by John Powers,” according to court rec-ords. Dunne and the friend went over to Green’s residence and saw blood splatter on his forehead and face. They also saw that the inside of Green’s upper lip was mangled and bloody.

O’Hare, who told Harden he was John Powers’ best friend, confirmed to Harden that Powers had assaulted him. But O’Hare “said he didn’t want to pursue charges because of their good friendship.”

O’Hare also told Harden that he later saw Annie Powers at about 5 p.m. on May 9. She “told him that she and John had returned to Joe’s the other night to get her jacket,” Harden wrote. She said she “had been ‘disrespected’ by Joe and that John had ‘smacked him around’ with an open hand for having disrespected her.”