Bulletin Column: Oct. 11, 2018

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.

FIRST-DEGREE MURDER CHARGE

A formal charge of first degree murder was filed Oct. 3 in superior court against Ashley D. Myers, the woman who was arrested along Airport Road Sept. 28 where the body of Kenneth L. Allen, 55, was found dead in a parked 2001 Chevrolet Tahoe. Chief Deputy Prosecutor Merrett Decker alleged in the filing that the shooting of Allen by Myers was premeditated.

Myers initially had been booked into jail on a probable charge of murder in the second degree.

County Coroner Annie Pillers Oct. 3 issued a finding which said Mr. Allen's cause of death was multiple gunshot wounds. The coroner also ruled the manner of death was homicide.

Pillers said the finding came after she investigated the scene near the intersection of Airport Road and Highway 26 across from the Palouse Empire Fair ground. She also said a forensic autopsy was part of her investigation.

Myers, 30, remains in jail here in lieu of posting a bond which was set in court Oct. 1 at $1 million for surety or $100,000 cash.

She made a short appearance in court Friday for arraignment and was allowed a one-week continuance before entering a plea.

SEPTEMBER RAIN SCANT

Total rainfall for September was a scant .02 of an inch which was logged Sept. 16 on the NRCS gauge at Colfax. Normal average rainfall for September here is 1.04 inches.

The NRCS did measure .2 inches of rainfall on Oct. 1 and most of that was believed to have been collected from the prior weekend, which was the last two days of September.

This week's rain marked a catch up after the dry summer. Normal rainfall total for October, which is considered the start of the crop, year is 1.52 inches.

CLASS ACTION SUIT ON RENT HIKES

A civil suit involving rental rates for Pullman apartments was filed in superior court Oct. 4. Jason Valdez brought the suit for himself and all other tenants in the similar situation, against Dabco Property Management of Pullman. The suit was filed by Spokane Attorney Andrew Biviano.

The suit contends Dabco for approximately 10 years rented apartments on the pledge of never raising the rent as long as a tenant stayed in the same unit.

Valdez began renting his apartment in February 2013.

The suit alleges Dabco last summer mailed out a letter to tenants which explained in 2009 they created the marketing idea of not raising the rent for tenants. The letter explained after 10 years, they decided to bring the rents up to market level. The letter acknowledged the change of policy could be expected to have an impact on long-time residents.

Valdez said his monthly rental rate was raised from $620 to $775.

The suit noted Dabco manages 12 properties in Pullman, and the rent hike will impact many tenants.

The suit alleges the action violates the state's consumer protection act regarding unfair and deceptive practices. It asks the court to order Dabco to adhere to their previous "no hikes" policy and pay costs.

STATE SEEKS TRAIL AFFIDAVITS

A call for affidavits from users of the Palouse to Cascades Trail in Adams County was issued last week by Michael Young, Assistant Attorney General for the Fish, Wildlife and Parks at Olympia. Young seeks affidavits to verify a segment of the trail, formerly the John Wayne Trail, had been under public use for a 10-year span prior to April of 2017.

Deadline for the affidavits to be sent to his office was Oct. 10.

In his letter, Young explains the affidavits will be used by the state in its argument against a civil suit which has been filed in Adams County to vacate a segment of the trail in the Marengo area. The segment runs from east of Cow Creek through Marengo to west of where the Benge-Ritzville Road crosses the trail.

Young's letter notes the Adams County suit contends ownership of the trail should revert to adjoining landowners under a reversionary clause in the original transaction between land owners and the Milwaukee before the railroad was installed. The state's argument is that the reversionary clause was relinquished, but as a second defense, Young seeks affidavits from trail users to show the trail had been in public use for 10 years prior to April of 2017, when the suit was filed in Adams County. The affidavits would be used to support an adverse possession argument for ownership by the state.

Signed declarations on one side of a piece of paper stating where and when the senders used the trail will suffice. They can be sent to [email protected] or to Box 40100, Olympia, 98504.

For years, the trail has been closed down east of Ralston, located north of Washtucna, and on the west side of Cow Creek because the long trestle over Cow Creek was razed.

Marengo is the site where the Milwaukee switched its passenger trains to the Union Pacific tracks to serve Spokane.

Pete Martin of Tekoa, president of Friends of the Tekoa Trestle, said he plans to collect declarations and submit them to the AG's office by the Wednesday deadline. Martin said he believes sections of the trail should not be closed down. In addition to the loss of recreation opportunities, closing parts of the trail shuts down a chance for economic gain for the area.

Martin cited studies which show the average bicycle or horse rider on the trail can spend as much a $100 per day.

In 2015, Martin served as a support driver for two Tekoa riders who made a cross-state scouting trip on the trail to document the experience in support of the Tekoa group's effort to raise interest.

The duo shuttled around the Cow Creek shutdown area, but returned to the trail and rode the section now under challenge in the Adams County suit.

The John Wayne Wagon Drivers and Riders have developed a trailhead at Revere in Whitman County east of Marengo.

NOMINATIONS OPEN FOR MAIN STREET GRANT

Nominations are now open for a $500,000 revitalization grant for season four of the "Small Business Revolution-Main Street" television series. Kimberly DeHart, former president of the Colfax Downtown Association, stressed that more votes from Colfax increases the chances of landing the grant.

Created by Deluxe Corporation, the program is now in its fourth year. The winning town and its businesses receive one-on-one guidance from marketing expert Amanda Brinkman.

A video series features Wabash, Ind., winner of season one; Bristol Borough, Pa., season two, and Alton, Ill., season three.

Towns of under 50,000 inhabitants are eligible to enter. Nominations will be open until Oct. 26.

SmallBusinessRevolution.org

RAIN STALLS CEDAR PAVING

Motley & Motley crews resumed the final round of paving on the Colfax Cedar Street project Monday after being rained out on Saturday, which had been the target day for the last load of asphalt to go down. Paving mix is being hauled from the batch plant on the Pullman-Moscow Highway.

Heavy loads or extra-wide loads are still banned in the construction zone.

Excavation for sidewalks and driveway entry replacement is underway. Hammer noted the sidewalks will be poured where walks were previously installed.

WOLFE ALLOWED RELEASE

Roy Wolfe, 65, Endicott resident who has been in jail since May 28 on a charge of felony violation of a no-contact order, was slated to be released from jail Monday under terms of a conviction Friday in superior court. Wolfe was sentenced to 364 days in jail with 142 suspended and credit for time served since his arrest.

Wolfe was arrested and jailed after he contacted his ex-wife May 27 while she was visiting the Endicott Cemetery over Memorial Day weekend. The investigation report said the no-contact order against Wolfe was first issued in 1998 and revised in 2009. It noted Wolfe violated the order twice in 2009 when the order was revised.

Another no-contact order was issued by the court at Friday's sentencing.

CODY ROHRICH SENTENCED

Cody Rohrich, 26, Colfax, was sentenced to seven days in jail with credit for time served after he pleaded guilty Friday in superior court to a charge of possession of methamphetamine. He was allowed credit for time served after the arrest, which was July 27. He remained in jail until he was allowed pre-trial release on Aug. 3.

Rohrich was arrested in Pullman, where he was in the front passenger seat of a car which was stopped as it was leaving the McDonald's restaurant at approximately 9 p.m. According to the arrest report, methamphetamine was found in a plastic container during a search of the car.

Rohrich Friday was ordered to get a substance abuse evaluation and undergo any recommended treatment.

SEEK TURKEY DRIVE VOLUNTEERS

The Council on Aging and Human Services seeks volunteers to assist with this year's turkey drive, which will be Nov. 16 and 17 at Rosauers in Colfax. Two people are needed to help set up between 7:45 and 9 a.m. that Friday, and four to five volunteers are needed for Friday to wave signs from 3 to 5 p.m. and two to three more from 5 to 7:30 p.m. Call 397-4305 to volunteer.

TEKOA MAN SENTENCED

Cody J. Sefton, 26, Tekoa, was sentenced to 30 days in jail after he pleaded guilty to charges of trespassing and possession of morphine Friday morning in superior court.

Sefton was credited for time spent in jail and for good time, and will be allowed release. He has been jailed since Sept. 14.

Judge Gary Libey ordered him to undergo a chemical dependency evaluation and return to court Nov. 28 to show he complied with the order.

The judge also sentenced Sefton to 90 days in jail on the second charge with the time suspended as long as he refrains from the use of alcohol and drugs.

Sefton was arrested after he entered a residence in Tekoa through a window and was found in a bedroom of the residence. The morphine was discovered in his possession during the arrest.

The state had agreed with the 30-day term, but Deputy Prosecutor Wendy Lehrman reported to the court that the victim wanted Sefton sentenced to the six-month maximum. She read a letter from the victim to the court which made other allegations against Sefton.

The judge said he was not considering the allegations because they had not been not brought before the court. He told Sefton the only way he was going to lead a successful life was to shed himself of his drug habit.

Two other charges, resisting arrest and a second drug charge, were dismissed. Sefton was placed on two years of unsupervised probation. He was also ordered to pay fines and fees plus a $1,000 fine for the drug conviction. He was also ordered to have no contact with the victim.