As people make visits to pay respects to our deceased family and friends this spring, please be on the look out for missing gravestones and grave markers. If you notice anything missing, please contact the caretakers of the cemetery and they can notify the authorities. Brass markers are often the object of metal thieves. Metal recyclers keep records on who brings in metal.

There is increasing contact between people and wolves in Stevens County. Wolves are usually seen at night crossing roads and in the mountainous areas of our county, but they are not confined to the northern portion of our county. There has been a confirmed kill of a moose by wolves in the Fruitland area. The moose was not full grown and there were at least three wolves involved from what I have heard. Please be alert to the presence of these predators. There will be more and more contact between wolves and people in the future, as the wolf population grows and they increasingly look for easy prey. Our state has given them protections, but people have a right to protect their property and their lives. If you see wolves or have concerns about them harassing and killing livestock, please contact the Washington Department of Fish and Wildlife or a local Law Enforcement agency.

James Ernest Guinn Jr. formerly of the Marcus/Evans area of Stevens County has pleaded guilty to a federal charge of Manufacturing of Child Pornography in United States District Court in Spokane. He will receive a recommendation of 20 years in federal prison. Previously he pleaded guilty in Stevens County Superior Court to a charge of Rape of a Child. The federal sentencing will occur in September and then he will be sentenced in State Court. He remains in federal custody pending sentencing hearings.

In the past few weeks, I have made some appearances in Spokane Superior Court on a Vehicular Homicide and Vehicular Assault case I am prosecuting for Spokane County. The case would ordinarily be handled by the Spokane County Prosecutor’s office, but because of a family relationship the case is a conflict for that office and I am prosecuting the case. The case involves a wrong-way driver on Interstate 90 that caused a crash in which another driver was killed and a third seriously injured. The allegation is that the wrong-way driver was under the influence of drugs at the time of the crash.

The handling of a case by another Prosecuting Attorney’s office is not uncommon and occurs when there may be a conflict with one office prosecuting the case. I have sent cases to other county prosecutors in some situations and other counties have sent them to me. The case does not move, only the responsibility for the prosecution of the case.

The penalty for the crime of Vehicular Homicide has been increased to a range equal to that of First Degree Manslaughter. This is only for Vehicular Homicide by driving while impaired, not for that of reckless or careless driving. It increases the range for a person with no prior record from the current 31 to 41 months to 81 to 103 months.

There is also a 12 month sentence enhancement to a conviction for Vehicular Homicide or Vehicular Assault or Felony DUI if there is a child under 16 years present in the vehicle. Law Enforcement is required to note whether there is such a child present and notify Child Protective Services.

All higher education employees, including academic and athletic department employees and student employees are now included as mandatory child abuse reporters. They are required to report reasonable suspicions of child abuse or neglect to supervisors, who are mandatory reporters.

School districts are not required to file truancy petitions for truant students who are 17 years old. There were a few other small changes to truancy laws.

Theft of metal wire from a public service company now includes the cost of the damages done to the building in removing the metal wire. The amount of damages caused can be added to the value of the wire in meeting the value element. This is a good change because thousands of dollars of damage can be caused by removing a few dollars worth of wire. I wonder why this change is limited to public service companies and not a theft from any person or company.

Law Enforcement agencies are no longer liable for bites from a police dog so long as those bites are applied in the line of duty. There is also an increase in the fines imposed for harming or killing a police dog. I guess that this change was made because someone was bitten by a police dog and then sued the agency because of the bite. No recovery for police dog bites.

The hearing was attended by friends and family of Susan Cosby. The judge listened to the sentence recommendation of the state and the victim impact statement of Kristen Cosby and then from Mr. Wasson the defense attorney and then from Mr. Cosby.

In his statement to the court, Mr. Cosby said he had never denied that he shot his wife and that she had died of her wound, but that he had not planned to kill her and would not plead to a charge that was not the truth about what happened. He criticized the justice system, saying it was not designed to bring out the truth. He said he did love his wife, but offered no explanation about why it happened.

Judge Nielson summed up the hearing and parts of the trial. He noted that many months had been spent with evaluations to determine if Mr. Cosby had a mental problem and that none apparently was found. He mentioned that alcohol or drugs was not involved either. He noted that a jury had heard the evidence and rejected Mr. Cosby’s claim of self-defense. He mentioned that from the evidence it was clear that Susan was loved and well thought of by many people.

Judge Nielson stated in conclusion that in this case, a man without mental problems, with no alcohol or drugs in his system, had with deliberation murdered his wife by shooting her multiple times. He said that this crime deserved the maximum sentence and followed the state’s recommendation by imposing 380 months in prison.

Mr. Cosby immediately filed a notice of appeal and Mr. Wasson withdrew has his attorney. Now the appellate process begins which will take at least two years and maybe much longer as the court figure out whether or not Mr. Cosby received a fair trial. I expect he will accuse Mr. Wasson of making some mistake in representing him. This is the common theme of a defendant who is convicted at trial. They try to find someone to blame for the conviction rather than what they did.

At the sentencing hearing, Ms. Pierce stated that she was sorry she did not do what was right and not go with Booth and Felman-Shimmins when they went to burglarize the home of Mr. Feist. She stated she never intended or thought that anyone would get hurt. After listening to the statement I gave the court and the victim’s family and the defendant, Judge Nielson sentenced Ms. Pierce to a prison term of 180 months or 15 years.

There was a high school current affairs class that was attending court that day and heard the sentencing of Ms Pierce. Just prior to imposing the sentence, Judge Nielson talked about the importance of choosing the right friends, and the fact that if two or more persons engage in a felony, they all can be held accountable for the act of any one of them regardless of their personal actions or intentions. They all bear responsibility for what any one of them does. This is called the felony murder rule. Ms. Pierce’s responsibility for the killing of Mr. Feist is an example of the operation of this rule. She did not kill Mr. Feist, but she was there by choice participating in the felony burglary attempt.

Someone asked me if I was happy or satisfied with the sentence. There is no happiness in any of this. The punishment does not make it right. A good man was killed for nothing. The loss to his to his family is a wound from which they will never recover. Three young people will be in prison for many years. Their lives are ruined. Their families will always suffer for what they did. There is only tragedy for everyone; all because some young people set out one night to steal guns to get some money. What a tragic waste. The only possible satisfaction is the holding of people accountable and that satisfaction pales in comparison to grief and suffering this crime caused.

The legislature has strengthened the sanctions against those who drink and drive and cause crashes that kill. A bill passed the legislature and has gone to the Governor for signing which raises the penalty for Vehicular Homicide to the level of Manslaughter in the First Degree.

Prosecutors and Law Enforcement agencies joined with many legislators and other groups to urge the passage of the legislation. Pierce County Prosecutor Mark Lindquist, released the following statement. “A vehicle is a dangerous weapon, especially in the hands of a drunk, and tougher sentences are needed for drunks who kill with cars.”

Rep. Chris Hurst, who is Chair of the House Public Safety Committee, was also a police officer for 25 years. He said, “I’ve seen the terrible carnage at these collision scenes and know the immeasurable suffering of surviving family members because some idiot chose to drive drunk,” Hurst said. “It’s time that we made the punishment fit the crime.”

Senator David Frockt said. “Given the incredible number of public awareness campaigns after all these years on TV and radio, people know, or should know, how reckless a decision it is to drink and drive.”

The person who gets drunk and gets behind the wheel will now be held just as accountable as a person who loads a gun and pulls the trigger. Alcohol and vehicles do not mix. If you are going to drink, stay at home or have someone drive you home. If you get drunk and kill on the highways in Washington, you will now be treated like the killer you are. Finally.

After jury selection on Monday, the state presented evidence from people who had seen Susan Cosby in the days leading up to and including the day of the killing. They testified she was in the process of leaving Mr. Cosby. The jury heard the 911 call that was made about 5 pm in which Mr. Cosby stated; “I have just shot and killed my wife.” The surprised 911 operator responded with the question, “Why did you do that,” to which Mr. Cosby replied, “She just kept pushing and pushing till she pushed me over the edge.”

The jury learned of the crime scene investigation through the testimony of detectives from the Stevens County Sheriff’s Department and the Washington State Patrol. They saw photos of the crime scene. Some of the evidence was sent to the WSP Crime Laboratory for testing and analysis. Mr. Glenn Davis of the lab analyzed Susan’s clothing for gunshot residue and testified that no bullets were fired from closer than six feet.

Dr. John Howard from the Spokane County Medical Examiners Office testified that 10 shots hit Susan Cosby. The bed upon which her body was found had been penetrated by six bullets. It was exhibited to the jury.

Craig Cosby testified and claimed there had been an argument between Susan and him and that she had pushed a door which hit his arm and hand. He said he never saw a gun in Susan’s hand, but acted in self-defense when he saw her reach down and thought she was reaching for a gun. He stated he could not remember shooting. Though she did own a handgun, it was found near the doorway where Mr. Cosby stood, on the other side of the small bedroom from the bed. It was not within her reach.

The jury rejected his claim of self-defense and convicted Mr. Cosby of Premeditated Murder. The jury found as enhancements, that a firearm had been used and that this was a crime of domestic violence.

Sentencing is set for April 17. Mr. Cosby faces a minimum sentence of 25 years and a maximum sentence of life in prison.

The Attempting to Elude charge stemmed from an incident on May 19, 2011 when Deputy James Glover saw and recognized Mr. Cannon driving and attempted to stop him. Instead of stopping, Mr. Cannon fled from Deputy Glover. During the trial Deputy Glover described to the jury that at points during the pursuit he was travelling 100 mph and Mr. Cannon was pulling away from him. Mr. Cannon did finally elude Deputy Glover, but was ultimately arrested on that charge a few weeks later. The jury heard testimony from Deputy Glover as well as Terry Coffendoffer, one of the Stevens County dispatchers.

Mr. Cannon was also charged with the offense of Bail Jumping for failing to appear in court on January 17, 2012. The State was represented by Lech Radzimski and Nicholas Force. Mr. Cannon was represented by James Irwin. After deliberating for approximately two hours, the jury returned guilty verdicts on both offenses. Sentencing is presently scheduled for March 27, 2012 before Judge Patrick Monasmith.

On Friday, March 23, 2012 there was a meeting among persons interested in setting up a veteran’s court in Stevens County. The meeting was attended by about 25 to 35 people including Judge Tviet, Judge Aronow, members from the local defense bar, folks from Rural Resources, members from various veterans groups, and some treatment providers. Deputy Prosecutor Nicholas Force represented the Prosecutor’s office at the meeting.

Judge Aronow talked about Spokane’s veteran’s court and the need that exists to address the problems that veterans sometimes have in adjusting to civilian life. This was followed by about a question and answer period. Many groups expressed approval of starting such a court.

We still need to sort out some treatment, assessment, and other issues before we can begin the program, but I’m hoping these can have those resolved in the next few weeks. Overall, the discussion was helpful and I believe this was a good first step in establishing a veteran’s court in our county.

The evidence presented at trial established that Mr. Brundage was hunting in an area of the county located east of Loon Lake and north of Clayton. This area is referred to as Game Management Unit (GMU) 117. The deer, an illegal “spike” buck, was on private property when Mr. Brundage shot and killed it. He also did not have permission to hunt on the property, nor was there any public property located nearby. The land was posted plainly with “No Trespassing” signs. The owner of the property confronted him almost immediately and called the WDFW. Mr. Brundage was not charged with trespassing because he shot from the roadway and did not actually go onto the private property himself.

The case was investigated by Officer Pam Taylor of the Department of Fish & Wildlife. The deer was recovered and transported to the Loon Lake Food Pantry where the meat was processed and donated to feed needy families in Stevens County. This is commonly done so that meat is not wasted.

This crime carries a maximum penalty of a $5,000 fine and up to 364 days in jail for first time offenders. A conviction also carries a two year prohibition from further hunting. Whitetail deer hunted in GMU areas must have a minimum of four antler points on one side measuring one inch or longer.

The hunting of Big Game Animals is enjoyed by many people, but it is important to abide by the rules and regulations when hunting. It is also important to obtain permission from property owners before venturing onto land that is not public. There are many property owners who will allow hunting on their property, but there are also many who do not want hunting on their land. Just because it is hunting season does not mean that property owners do not have the right to control hunting on their land.

The case was prosecuted by Deputy Prosecutor Colin Scott. Mr. Brundage was represented by Glen Slate of Colville.

Mr. David M. Ordway, 19, pleaded guilty as charged to First Degree Assault on a Child. He assaulted his 40 day old baby by shaking the child violently in a moment of temper and frustration. The child was profoundly injured and suffered brain damage incompatible with meaningful mental functioning. The child will never recover and is in hospice care.

After listening to the statements from the state, the defense and the defendant, Judge Pat Monasmith talked of the sad reality of how the lives of persons are changed forever by the lasting effects of a single bad decision. He sentenced Ordway to 120 months in prison.

Eric Booth, 26, pleaded guilty to a charge of First Degree Murder in the death of Gordon Feist of Colville last July. Jesse Felman-Shimmins, 27, pleaded guilty to Second Degree Murder in that same case. Charges remain against the third person, Collette Pierce, 25. The murder occurred in the course of a burglary attempt. The three defendants knocked on Mr. Feist’s door in the night and asked for help, claiming they were out of gas. Mr. Feist was shot by Eric Booth as he was taking the three back to their car in his ATV with some gas. Judge Monasmith sentenced Eric Booth to the maximum term– 320 months in prison and Jesse Felman-Shimmins to 300 months.

Eric Booth wept at his plea and sentencing and expressed remorse for what he had done. He said many times he wished he could take that moment back. But Judge Monasmith is right. A moment of wrong thinking can be followed by a lifetime of regret and suffering. There is no way to make it right. The bullet cannot be called back, the child cannot be unshaken.

Justice cannot undo the wrongs committed. It can only hold those accountable who do the wrong and protect others from them in the future.