Personal Injury and Criminal Defense Legal Blog

Trial of an Everett Police Officer accused of murdering a belligerent DUI suspect begins in Snohomish County

Snohomish County criminal prosecutors allege Everett Police Officer, Troy Meade, committed murder when he shot and killed a DUI suspect Niles Meservey, 51, in the parking lot of the Chuckwagon Inn in North Everett, constituting second-degree murder. Meade maintains he feared he was going to be hit by Meservey’s car during the incident, and that he fired eight shots out of fear he would be seriously injured or killed.
Meade, 41, who joined the department in 1998 and is on paid administrative leave, also has been charged with first-degree manslaughter for allegedly acting recklessly. Jurors will have the option of convicting him of one or both criminal counts, or acquitting him.

In opening statements at Meade’s trial Wednesday, Snohomish County criminal prosecutor John Adcock and criminal defense attorney David Allen told contrasting accounts of what happened on the night in question when Meade was responding to a 911 call alleging a DUI suspect was preparing to drive out of the parking lot. The state alleges Meservey posed no danger to Meade throughout the incident. When Meade arrived at the scene he parked his police car and approached the DUI suspect. The DUI suspect did not follow Meade’s command to exit the vehicle. Meade then tased the suspect twice, however, he still started the car. The defense alleges when Meade saw the suspect’s car move and then the backup lights come on he knew he was in danger of being hit and feared being killed or maimed. The defense may also use the theory that the DUI suspect could have caused severe damage, injury, and possible death when driving on the roadways. Prosecutors argued that investigators determined Meade was standing to the rear and left of the suspect’s vehicle and was “not in any danger of being struck.”

Following the incident, a blood draw from the suspect revealed a blood-alcohol level of 0.26, more than three times the state’s legal limit. This coupled with the fact the taser had been ineffective, the defense is arguing Meade knew the suspect was extremely intoxicated. In 2006, Meade witnessed another officer get hit and injured by a car driven by a suspect who appeared drunk or on drug.

A key question for the Snohomish County Jury will be whether Meade had any other non-lethal options he could have reasonably used. The amount of force a law enforcement officer can use is similar in many ways to the amount of force a regular citizen could use defending himself. You are allowed to use the least amount of force necessary to protect yourself. A self-defense theory is one where the criminal defendant admits to the alleged conduct, such as assault, but argues he was defending himself. The prosecution argued during their opening statement that Meade was never in imminent danger.

CONVICTED FELON ARRESTED ON NEW CHARGES OF OPERATING A BUSINESS THAT ALLOWED ITS CUSTOMERS TO PERFORM SEX ACTS WITH FARM ANIMALS

Federal authorities arrested Douglas Spink, alleging he was advertising his farm animals on a website for sexual activities, which constitutes the crime of bestiality. Spink was using the internet to encourage people from all over the world to visit his farm in Whatcom County, Washington and have sex with his farm animals for a fee.

Following the arrest, a search warrant was executed and federal authorities discovered videos of images of a man have sex with several dogs. The individual in the video was found on the property and taken into custody. He could be criminally charged with three counts of bestiality. He is being held in the Whatcom County Jail with a $150,000 bail. This is a very high bail for even very serious violent offenses involving human victims. (Criminal Bails are determined based on three issues, first, risk of danger to the community, second, risk of flight by the defendant, and third, risk of the defendant intimidating witnesses to the alleged criminal activity.) As the criminal defendant is from Britian, the Court may consider him a risk of flight.

Spink, already on probation for a prior drug trafficking charge, was sentenced in 2005 to approximately three years in federal prison. While authorities found only the two defendants on the rural property, they are searching computers and videos for additional visitors to the site. Animals found on the scene were taken into protective custody, including a horse. As the Federal investigation continues, it is likely additional people found to have visited the site and possibly to have engaged in illegal activities will be charged or at least interviewed in the criminal investigation.
The allegations are similar to the 2005 case in Enumclaw in which a man died after having sex with a horse. During the criminal investigation of the Enumclaw case, hundreds of videos depicting men having sex with horses were discovered. In 2006, in response to the Enumclaw case, the Washington state Legislature made bestiality a Class C felony, punishable by up to five years in prison and a $10,000 fine.

Anti-Semitic rants cause taxiing plane to return to gate

A man accused of yelling “I want to kill all the Jews” on a Detroit-bound plane at Miami International Airport caused the plane to return to its gate. The man was arrested at the terminal and charged with criminal mischief, disorderly conduct, resisting arrest, and threatening a public servant. He plead guilty to all charges and received three years of probation. Additionally, due to forcing the Northwest Airlines plane to return to the gate as it was beginning takeoff, he is required to pay restitution in the amount of $27,500, and possibly present for psychiatric evaluation and follow-up treatment. He is also banned from airplane and rail mass transit. This appears to have been a very good agreement for the defendant worked out by his lawyer, as he faced more than 11 years in prison if convicted by a jury on all the charges.

How much force can a parent use in disciplining their child without becoming criminally liable

In Edmonds, Washington, Councilman Dave Orvis was recently acquitted by a jury of criminal charges of domestic violence assault. The alleged victim was his 13 year old son. Orvis could have faced up to a year in jail if convicted of the fourth-degree domestic violence assault charge. He could have also been ordered to attend domestic violence/anger management counseling under the supervision of the Snohomish County District Court in Everett. “Obviously, I’m relieved,” Orvis said. “If I thought what I’d done was against the law, I would have pleaded guilty.”

Snohomish County Deputy Prosecutor Jesse Corkern told jurors that Orvis had “crossed the line” when he grabbed his son by the hair and dragged him down a hall at the family’s Edmonds home after the boy refused to do his homework and repeatedly told his father to “shut up” in May. Orvis’ son was not injured during the alleged altercation; however he ran away for a week. When he returned, he told police he was not in fear for his safety at the family home.

The Snohomish County Deputy Prosecutor argued that Orvis’ own statement to police that he had “flipped out” in trying to deal with his son that afternoon was strong evidence that he was guilty of domestic violence. The prosecutor argued that parents have the duty to maintain control. Criminal-defense attorney Mark Mestel asked jurors to be the “conscious of the community” and decide whether the state should criminalize a parent who uses reasonable force against a “stubborn and resistive” teen. Mestel argued Washington law allows parents to use force to restrain a child as long as it’s reasonable and moderate. This is a very discretionary standard that that will turn on the specific facts of each criminal prosecution. Mestel argued the law attempts to balance the need of parents to discipline their children with the state’s interest in keeping them from harm.

Jurors who spoke to reporters after the trial said they didn’t think Orvis used excessive force, and they questioned bringing criminal charges against a frustrated parent. “I have a problem with the state getting involved with minor disputes in a family,” said Scott Johnston, the foreman of the jury. The jury foreman shook Orvis’ hand after the trial and told him, “If you’re guilty, every parent is guilty.”

Does a homeowner have the right to shoot an intruder in his home?

In Carnation, Washington, a man in his 70’s shot and wounded an intruder who had broken into his home, according to the King County Sheriff’s Office. The homeowner had heard someone brake into his car around 5 a.m. and went to see what was going on. Just as the homeowner reached his back door, the 35-year-old intruder broke through the door and fought the homeowner, he said. The homeowner retreated to another room, grabbed a handgun and confronted the intruder in his kitchen. Another fight ensued and the man shot the intruder twice, he said. The homeowner went to a neighbor’s house. Both men returned to the house and held the intruder at gunpoint until deputies arrived Urquhart said.

According to the King County Sheriff’s Office, the intruder, possibly a transient living in some nearby woods, was airlifted to Harborview Medical Center in Seattle with non-life-threatening injuries. The homeowner was treated at a local hospital for a contusion to his head.

Will the Steeler’s star quarterback be charged with sexual assault

Police have finished their investigation into allegations by a 20 year old college student that Ben Roethlisberger sexually assaulted her in the bathroom of a nightclub. Milledgeville police Chief Woodrow Blue said in a statement that his department and the Georgia Bureau of Investigation handed the investigation report and witness statements to local district attorney Fred Bright. Blue said his department would have no further comment on the case. No charges have been filed, and Roethlisberger’s criminal defense lawyer, Ed Garland, disputed the claim and hired his own team to investigate.

With every claim of alleged sexual assault, the police investigate, and then forward their investigation the prosecuting attorney’s office for review and possible filing. Often, the investigating officers will not only put in the report all of the facts they discover (both statements and physical evidence, which can include a rape kit performed on the alleged victim at a hospital), but also their recommendation as to if criminal charges should be filed and what those charges should be. Many different factors go into the Prosecuting Attorney’s decision on whether to proceed with criminal charges, primarily whether they believe they can prove the case beyond a reasonable doubt. It is likely there are several witnesses to both the alleged victim and Roethlisberger who can testify to their appearance, level of intoxication, and demeanor before and after the alleged sexual assault.

It was the second time in a year the two-time Super Bowl champion had been accused of sexual misconduct. Roethlisberger also faces a lawsuit filed in July by a woman who says he raped her in 2008 at a Lake Tahoe hotel and casino, an allegation he denies. Roethlisberger has not been criminally charged in either case and has claimed counter-damages in the lawsuit.

Washington State Patrol Troopers were busy Wednesday Morning, Making four DUI arrests

In the morning commute, Washington State Patrol Troopers arrested four people for Driving Under the Influence, one for alcohol and the other three for impairment to drug use. One suspect was investigated following a traffic accident with a school bus. Two other suspects were criminally charged with possession of marijuana.

Plaintiff in Boy Scout sexual assault trial allege Scout Officials ignored allegations of sex abuse by Scout leaders for nearly two decades.

In Portland, Jurors in a $14 million lawsuit against the Boy Scouts of America are viewing documents that the plaintiff’s attorneys say illustrate their contention that Scout officials in various American towns dismissed or ignored allegations of sex abuse by Scout leaders for nearly two decades.

Due to the extremely sensitive nature of sexual assault allegations, it is not surprising the Boy Scout Organization would attempt to keep most, if not all, sex abuse allegations from the public and dealt with behind closed doors. There are competing interests when these allegations arise. On one hand, you have the possibility of excessive fear from the public based on false sexual assault allegations; it can only take one sexual assault allegation to ruin the reputation for the thousands of quality scout leaders. On the other hand, there is the clear right for the public and the boy scouts and their parents to be fully informed of these sexual assault allegations, allowing them to make their own decisions.

Washington State Schools Superintendent was arrested and faces criminal charge of DUI

State Superintendent of Public Instruction Randy Dorn has been charged with one count of driving under the influence, a criminal offense. Aaron Walls, prosecutor for the city of Orting in Pierce County, said he decided to file the charge after reviewing police reports and other evidence, which he said he received at the end of the day Tuesday. The criminal charge is a gross misdemeanor, with a maximum penalty of one year in jail and a $5,000 fine. According to State Patrol records, Dorn submitted to two breath tests showing a blood-alcohol level of .11.

GIVING JUDGES MORE DISCRETION TO DENY BAIL TO DANGER CRIMINAL DEFENDANTS

Currently, criminal defendants charged with violent crimes such as sexual assault, rape, other types of sex crimes, and assault with a deadly weapon, will be issued a bail at arraignment as a condition of release. While Judges have the option to set the bail as high as they want, within reason, along with the option to make the bail bondable, they must set a bail unless it is a criminal charge of capital murder. When a bail is bondable, it means a defendant pending trial on a criminal case can arrange for a bail bondsman to post the bail on his case, allowing for their release. Usually, the bail bondsman will want at least 10% of the bail amount for this service along with collateral for the entire bail amount. This is for the bondsman’s security in case the defendant fails to “show up” for a scheduled Court hearing, which would likely cause the Court to revoke the bail and issue an arrest warrant for the defendant. Often times the bails posted by bondsman are insured with an Insurance Company would demands on the bails being properly collateralized. As you can imagine, if a criminal defendant pending trial does not have the financial resources to post the entire bail themselves, having the Court make the bail bondable is very helpful to secure their release while the criminal case is pending.

Our criminal court system requires a certain amount of human discretion. Judges must review the facts of a criminal case quickly along with the history of the criminal defendant before them and make a decision on bail along with other conditions of release, such as how arrest and required treatment. Judges will generally have a recommendation from the prosecutor along with the defense attorney. Society must put a certain level of trust into its Judges hands to make the proper decision. Allowing for no bail options on criminal defendants charged with serious crimes during their ongoing case gives Judges additional discretion, which we must assume will be used properly under the circumstances.