Bulletin Column

These reports are from the previous four issues of the Daily Bulletin in Colfax. They are reprinted here for the benefit of Gazette readers who reside outside of Colfax. Some accounts have been updated.

DRUG RAID

EVICTION

A judgment for damages to a property on Carothers Road, which was the scene of a large marijuana raid last September, was issued Friday in Whitman County Superior court. The plaintiff, Re/Max Home & Property Management, also received a writ of restitution for return of the property.

The judgment ordered William Dougherty III to pay $20,000 under terms of a lease plus $5,725 attorney fees and $254 in costs. Dougherty will be allowed credit for any rents paid by a subsequent tenant on the property during length of his lease.

The eviction action noted 45 marijuana plants were seized by agents at the Carothers Road property Sept. 6 along with 21.5 pounds of marijuana. The plants were reportedly found in temporary greenhouse structures.

The court filing noted Dougherty contended he was a provider for a medical marijuana patient, but agents at the scene found no posting of papers documenting that status. The papers allegedly had been posted on the refrigerator at the residence.

In Friday’s ruling the court noted Dougherty was charged with drug violations in federal court, but the charges were later dismissed. After the Sept. 6 raid, local agents noted charges would not be filed in state courts because of the uncertainty of the marijuana laws after voters approved recreational use of marijuana last year.

THREE HURT ON 26

The driver of a 1995 Ford Thunderbird and two passengers were taken by ambulance to Whitman Hospital last Thursday, Nov. 21, from the scene of an accident on Highway 26 11 miles west of Colfax.

The driver, Kevin Burdick, Aberdeen, and passengers, Krystal Payne and Jason Ayerst, sustained bumps and bruises in the accident.

According to the Washington State Patrol report, Burdick was driving eastbound at 1:16 p.m. when he attempted a pass and lost control of the Thunderbird. The car slid back across the eastbound lane, stuck a guardrail and then crossed both lanes and came to a halt against an embankment at mile 123.8 which is at the top of the grade west of the Twin Bridges.

SPECIAL USE CHICKENS

The extended move to allow keeping animals in town is now being proposed under a special use format. The new approach evolved from a planning commission meeting, according to a report at the Nov. 18 city council session.

Mayor Todd Vanek said the special use permit would be issued for a specific period of time with a limit up to a year. In addition, to allow raising of chickens and other animals in town, the special use format would be for special events such as wedding receptions or parties.

The proposal evolved out of a proposal to allow raising chickens inside of the city limits. At present, raising animals inside the city limits is prohibited except in provisions requiring designated space requirements for hooved animals.

Changes to the animal ordinance earlier this year have been proposed under a format which would have required residences to apply under a zone variance procedure. At a prior meeting, planning commission member Norma Becker pointed out any request for a zone variance has to go before the town’s board of adjustment for a formal hearing.

The variance process on the animal ordinance had anticipated a variance review and issuance conducted by the chief of police.

Councilman Jim Kackman said the proposal for a special use permit sounded a lot like a proposal for a conditional use permit under the city’s zone regulations.

City Attorney Bruce Ensley said it will be up to the council to decide how much authority can be authorized at the staff level.

Mayor Vanek said the planning commission has been asked to prepare a letter to formally outline the special use proposal to the city council.

WARRANT FOR

SEX OFFENDER

A warrant has been issued for the arrest of Kye Caleb Allery, 23, after a formal charge of failure to register his place of residence as a registered sex offender was filed in court this week. Bail amount set on the arrest was $25,000.

The charge said Allery, who was convicted on a charge of attempted child molestation in 2004, had failed to register as of Oct. 23. The investigation report said Allery listed his residence at his mother’s home, and she told an investigator he seldom stays there. She believed he resided with his father in Pullman, but his father said he believes Allery was possibly living in the Potlatch or Bovill areas of Latah County.

JURY OPTS FOR MISDEMEANORS

A superior court jury Nov. 19 convicted Joel Villea, Pullman, on two counts of misdemeanor harassment after a one day trial Monday in superior court. The jury returned to court Tuesday to begin deliberation.

The misdemeanor convictions were presented as an alternative finding after the jury did not report a finding on felony harassment charges.

Villea was charged with harassing WSU Officers Matthew Kurhrt and James Petlovany after they stopped the car he was driving. Prosecutor Denis Tracy contended Villea “flipped” after he was taken into custody. Among other charges, Villea was alleged to have threatened the two Pullman officers with retaliation by Mexican gangs.

At the start of the trial, the prosecutor presented videos which were made by body cameras worn by officers at the arrest scene. Both WSU officers testified for the state, and Villea testified as the lone defense witness.

Villea was stopped just after midnight Sept. 22 after making a left turn off of Stadium Way. In a motion to suppress evidence, Defense Attorney Steve Martonick argued the campus officers lacked a valid cause for stopping the car Villea was driving. He argued they used the corner cutting turn the suspect made off Stadium Way as a invalid pretext for making the stop. After the suppression hearing, the court ruled the state could not present evidence of a sobriety test made on Villea at the arrest scene.

Villea Tuesday was sentenced to 364 days in jail with 319 suspended and was released after he was allowed credit for time served. He was ordered to pay $1,700 in fines and fees.

W. LANDER SENT TO DRUG

TREATMENT

Walter Lander, 43, Colfax, a suspect in the check washing investigations in Pullman and Colfax, was ordered released from jail here Nov 20 to undergo drug treatment in Spokane. The court ordered the transfer as part of a Drug Offender Sentencing Alternative.

An order for a DOSA evaluation was made by the court Nov. 8, which had been the date set for trial after Lander’s arraignment.

Lander was charged in connection with a scheme in which checks were taken from the mail and “washed” with different names of the recipient and the amounts changed.

One of the forgery charges was amended to a charge of first degree theft before Tuesday’s plea bargain agreement.

Lander pleaded guilty to other charges of forgery and an earlier charge this year of possession of methamphetamine.

The check washing scheme investigation extended to other suspects, including Lander’s son, who allegedly attempted to cash one of the altered checks.

DOSA sentences require a defendant to undergo treatment for drug addiction. Failure to complete the treatment can result in a return to the court for conventional sentencing. Lander was also ordered to make restitution to his victims.

DRUG OVERDOSE CAUSE

County Coroner Peter J. Martin Nov. 18 issued an investigation report on the cause of death of Alicia Rose Teigen, 36, Colton. Cause of death June 15, 2013, was acute respiratory failure due to an overdose of hydrocodone. The delay in the final report was caused by a delay in getting final toxicology reports from the state laboratory.

Martin said Teigen had a history of back pain and was taking multiple medications. She had increased her hydrocodone intake to counter increasing pain. She died at her residence. Manner of death was determined to be accidental.

DEER ACCIDENT REPORTS

Michele L. Smith, Kennewick, was unhurt Nov. 18 when the 2013 Mazda she was driving struck a deer on Highway 26 west of Dusty. According to the Washington State Patrol report, she was driving eastbound at 6:46 a.m. when the deer ran onto the highway at mile 114.65.

Kara A. Kimball, Garfield, was unhurt Monday at 5:55 p.m. when the 2010 Honda Civic she was driving struck a deer just north of Pullman on Highway 27. She was driving northbound when the deer entered the roadway about three-fourths of a mile north of Pullman.