Trouble obtaining warrant frustrates officer

The Kootenai County Sheriff’s Department is frustrated that the prosecutor’s office didn’t respond to requests for an arrest warrant for a violent sex predator who twice moved and failed to register his new address with authorities.

On both occasions, Sheriff’s Sgt. Kent Johnston sent a request for an arrest warrant for Daron Lee Barwick to the prosecutor’s office but received no response, according to court records.

Sheriff’s Capt. Ben Wolfinger said Thursday that his office was frustrated that the prosecutor’s office didn’t take action, especially in light of the high-profile murder case against sex offender Joseph Edward Duncan.

“I realize they’re busy,” Wolfinger said, “but isn’t this a priority?”

Barwick has been classified as a violent sex predator, a classification the state gives to sex offenders who are likely to reoffend. Including Barwick, there are only three violent sex predators in Kootenai County and 32 statewide, according to the state’s sex offender registry.

Deputy Prosecutor Lansing Haynes on Friday said the prosecutor’s office received two requests for warrants from the sheriff’s department – one on Aug. 19 and another on Aug. 26. Haynes said both requests came in on Fridays and that the first request had a note from the office secretary saying that Johnston indicated there was no need to rush but that he wanted “someone to look at this as soon as possible.”

Prosecutor Bill Douglas said he wasn’t familiar with the particulars of the case but that his office may not have had sufficient evidence for a warrant.

“We’re very aggressive on this type of case,” said Douglas, adding that his office did issue a warrant on Wednesday, once it had more information.

By the time the warrant was issued, though, Barwick had already been arrested by Coeur d’Alene Police.

“The important thing is he is in custody on fairly high bail,” Douglas said.

Having not received a response from the prosecutor’s office for nearly two weeks, Wolfinger said Johnston contacted area law enforcement and said he had probable cause to arrest Barwick. Barwick was also a suspect in unrelated forgery and petit theft cases in Coeur d’Alene.

According to Johnston’s report, Barwick was sent a non-forwardable letter on Aug. 1 by the state’s central sex offender registry office for the quarterly address confirmation required of registered violent sex predators. On Aug. 18, Johnston said he received notice that the letter had been returned because Barwick had a change of address.

Barwick’s father told Johnston that Barwick had moved a couple months earlier to a Coeur d’Alene residence and provided Johnston with a phone number, according to the report. When Johnston called Barwick, he reportedly said he had moved two months earlier and had completed a change of address with the Postal Service.

According to state law, registered sex offenders have five days to report a change of address to law enforcement.

Because Barwick had allegedly violated the requirements to report his change of address, Johnston sent a request for a warrant to the prosecutor’s office on Aug. 18.

On Aug. 24, a Coeur d’Alene Police report taker told Johnston that she had responded to a theft complaint at the 15th Street home where Barwick reportedly lived. She said Barwick was suspected of stealing a bicycle from another sex offender living at the home.

According to the roommate, Barwick had been kicked out about the same time as he submitted the address to authorities as his new residence.

Because more than five days had passed and Barwick had allegedly not filled out a change of address for the second time, Johnston notified area law enforcement and again, on Aug. 26, sent a request for a warrant to the prosecutor’s office. Johnston also sent the prosecutor’s office information on Barwick’s previous conviction for a sex crime out of Mississippi, according to his report.

Based on a tip, Coeur d’Alene Police arrested Barwick at a Fruitland Lane residence on Tuesday. According to Johnston’s report, Barwick said he knew he was supposed to complete a change of address but that he had “just spaced it out.”

Judge Scott Wayman set bail for Barwick, an unemployed construction worker, at $150,000 during a first court appearance on Thursday. In addition to two felony counts of failure to register, Barwick is facing a felony charge of forgery in an unrelated crime.