Seattle serial rapist faces, gets mandatory life without parole sentence for rapes of homeless women

(Original Post 9-20-10)

A serial rapist who was convicted for attacks on two homeless women will be sentenced to life without parole after a Seattle jury convicted him of 2 counts of 2nd degree rape Thursday, September 16. The life sentence which 51 year old Frank Borders will serve upon his sentencing is a consequence of Washington State's three strikes law, which mandated the sentence for a third strike.

The first rape was reported in December 2007, when a 55-year-old woman said Borders, her boyfriend's brother, raped her in the restroom at a downtown Seattle park. The investigation stalled, however, when the victim, who was homeless, disappeared for several months.

After the woman agreed to be interviewed by police the next October, Seattle police began posting fliers with Borders' photo at several downtown homeless shelters in search of other possible victims, according to the court documents.

On March 17, 2009, the day after a flier was posted at a YWCA shelter downtown, police were called by a woman who claimed Borders lured her into the woods with the promise they would smoke crack and assaulted her, court papers said.

The second victim testified during both trials that she didn't come forward earlier because she was convinced that nobody would care about what happened to her because she was homeless during the summer of 2007. She is now 48, off drugs and living in an apartment.

Senior Deputy Prosecutor Julie Kays said that due to Borders' 1981 rape conviction of attacking a 18 year old woman for which he served a year in jail and 5 years probation, life without parole is mandatory. "These 12 people protected our community and our very vulnerable by finding him guilty. I have no doubt that if he were released he would re-offend. These 12 people got it that it doesn't matter if you're homeless and an addict you will still get justice."

Borders' attorney, Julie Gaisford, begged to differ, citing the fact that one of the victims was high on crack cocaine and that other did not reliably identify her client. "You glimpse truth over your shoulder, you never see it head on."

(Update 11-4-10) Borders was formally sentenced Friday, October 29, to life without parole by Superior Court Judge Helen Halpert. Before sentencing, Kays said that for targeting vulnerable women, "He preyed on vulnerable women and he banked on the fact no one would care if they came forward.He deserves, based on his conduct alone, to spend the rest of his life in prison."

One of Borders' victims said that the sentencing itself showed that at least in some cases, the justice system does work for vulnerable victims. That victim said that because of Borders' imprisonment,  "I do matter.It's a shame he's thrown away his life. I'm trying to rebuild mine." That victim is no longer homeless.

Iraq vet who killed wife gets 14 1/3 years in prison

A wife-killing Iraq veteran was sentenced to 14 1/3 years for the February 18 strangulation murder of mother-of-one Winter Plummer.  Sheldon Plummer, 28 was sentenced Friday, August 20 in accordance with a plea agreement which capped his sentenced at 14 years 4 months. According to the July 21 plea agreement, Sheldon strangled his wife to death in their Lacey, WA apartment. The supposed reason for the murder was in self-defense after the victim attacked him with a knife.

Thurston County sheriff’s detectives began investigating Winter Plummer’s disappearance April 18, after one of Sheldon Plummer’s friends, also an Army soldier, called the sheriff’s office to say Sheldon Plummer had called him and “wanted advice on how to dispose of a body,” court papers state.

When detectives spoke to Sheldon Plummer, he said that about a month earlier, his wife had packed three suitcases and left after an argument.But Thurston County Sheriff’s Lt. Chris Mealy has said that Plummer’s timeline of when his wife left was inconsistent.

Detectives later found that Plummer had pawned his wife’s jewelry. Detectives also thought it was suspicious that Winter Plummer’s car still was parked at the apartment complex at The Villages at Nisqually Ridge Apartments. And they found it odd that she would abandon her daughter.

A prosecutor later said Plummer had disposed of some of his wife’s belongings to make it appear as though she had left. Sheldon Plummer even sent text messages from her cell phone to her family members in Arizona in an effort to make them think she was alive.

After detectives initially interviewed Sheldon Plummer, he removed his wife’s body from a storage unit and placed it in his garage, court papers state. Soon thereafter, he admitted to killing his wife. He told detectives he acted in self-defense after she attacked him with a knife during an argument, court papers state. Deputy Prosecuting Attorney Jodilyn Erikson-Muldrew said in court Friday that the medical evidence contradicted that claim.

The 14 year, 4 month sentence is in the middle of the standard sentencing range for 2nd degree murder without any priors in Washington State. In Florida, 2nd degree murder can carry up to a life without parole sentence. Certain female teachers have been sentenced to more prison time for raping their students, even in Washington.

During an emotional hearing before Thurston County Superior Court Judge Carol Murphy, Winter Plummer’s family members, including her father, Carlos Goseyun, spoke of the loss of their loved one, who grew up on the San Carlos Apache Indian Reservation in Arizona and joined the Army to better her life.

Winter Plummer’s grandmother, Andrea Goseyun, broke into tears in court, describing how she taught Winter the Apache language and traditions. She spoke about how Winter was a great athlete, excelling at volleyball, basketball and softball. She also said her granddaughter was an outstanding soldier. “I loved her as much as my own daughter, and today I miss her,” Andrea Goseyun said. “I know that I will never be able to speak to her again.”

Sheldon's attorney, James Dixon, tried to explain his client's murder of Winter Plummer by invoking post traumatic stress disorder, or PTSD. According to Dixon, his client had done three tours of Iraq, saw many friends become casualties and suffered a concussion in his 1st Iraq tour.  Dixon hired Dr. April Gerlock to write a report on his client. 
 
Dixon noted that Gerlock’s report says people who suffer from PTSD can experience a “heightened sense of arousal to an actual or perceived threat,” and that they “may respond with aggression in response to that threat.”

In a phone interview Friday, Gerlock cautioned that Plummer’s case is complex. She added that she thinks PTSD contributed to Plummer’s actions. Not all soldiers coming back from Iraq or Afghanistan suffer from PTSD, and most who do never commit violent crimes, Gerlock said. It’s difficult for soldiers to shift from that “hyperawareness of ongoing danger” during combat tours to day-to-day civilian life, she said.

Gerlock also said that soldiers she sees every day minimize their PTSD to continue on with their lives, including careers and families. "We’re doing a lot for the recently deployed, but they have a lot on their plates. It’s tough. It’s so hard on these folks. They’re young, they want to get a family going and they just keep getting deployed.”

Ex-soldier sentenced to 11 years to life in rapes of two women

A former soldier whose fellow servicemen are in Iraq will be serving at least 11 years in a Washington state prison for raping two women.  Nathan Ryan Smith, 31, plead guilty in March to 1 count of 2nd degree rape, another count of attempted 2nd degree rape, and 1st degree arson. He was a former cavalry scout for the 3rd Brigade, 2nd Infantry Division.

Prosecutors said he bound the women and choked them into unconsciousness before sexually assaulting one and attempting to do so to the other on separate occasions in January 2009.

The second woman managed to escape Smith's home despite being bound and gagged and notified police. Smith set fire to his house before fleeing to Texas, where he was later captured. He apologized to the women before being sentencing, saying he hopes the pain he caused them does not endure.

He also apologized to his fellow troops, saying "They're in Iraq right now, which is where I should be."

Wayne Fricke, Smith's defense attorney, requested a minimum of 9 1/4 years, saying that his client served his country honorably before the rapes. Assistant prosecutor Sven Nelson requested 12 1/4 years, saying that shocking one of the victims with a jumper cable connected to car batteries was "off the charts" brutality.

Superior Court Judge James Orlando agreed with the prosecution about the brutality, but not the minimum sentence, saying Smith's conduct exceeded what was necessary to prove rape. "I am still stunned, Mr. Smith, by what you did. You exceeded what a rape is. You are nowhere near deserving of a low-end sentence."

Man obsessed with college classmate kills her, is killed by police

TACOMA, Wash. (AP) – A man apparently infatuated with a special education teacher he knew from college shot and killed her as she walked into her elementary school Friday, shortly before students began arriving.

The suspect was killed in a shootout with a deputy a short time later about 10 miles away, said Pierce County sheriff's spokesman Ed Troyer. The man had been released on bail Monday after being arrested a week ago for violating a protective order the teacher, Jennifer Paulson, obtained in September 2008, said Tacoma police spokesman Mark Fulghum.

The victim's father, Ken Paulson, said she was kind and loving, and that's probably why she was a special education teacher. He described the 30-year-old as a devout Christian. The father said the man who killed his daughter was Jed Waits, of Ellensburg. The two had apparently known each other since she was in college, when they worked together at a cafeteria at Seattle Pacific University.

In her petition for the anti-harassment order filed in Pierce County District Court, Paulson said she and Waits occasionally socialized with co-workers and friends outside of work as a group but "never had any sort of romantic involvement." She said she heard from Waits about once a year since she graduated from college in 2003, but on the days she heard from him, he would sometimes call 10 to 15 times in one day.

Then in spring 2008, he showed up at her school, walked into the building and passed the office, where he was stopped by a secretary. "I never told him where I work and do not know how he found out," Paulson wrote.

He also sent roses and a bear to her at the school. Paulson's principal called Waits' commander in the National Guard to inform him of the harassment, she wrote.

The anti-harassment order banned Waits from going within 1,000 feet of Paulson's home or school. But she saw him as she was leaving work Friday, so she called 911 from her car. Waits was arrested that night, and after he made bail, Paulson stopped staying at her home, at least temporarily, her father said. Fulghum said there had been no indication that Waits had a weapon or had threatened Paulson with a weapon, but it "sounds like he had a pretty good infatuation with her."

The shooting happened at Birney Elementary, which has about 400 students in kindergarten through fifth grade. Classes were canceled for the day, and officials had not made a decision about Monday's classes.
The shooter was waiting for the teacher when she arrived at 7:35 a.m. and shot her multiple times as she was trying to enter the school, Fulghum said.

Omar Moreno, 22, who lives across the street from the school, said he heard three gunshots.

"I heard a teacher screaming at the top of her lungs — just screaming," he said. "I looked out my window and I saw the guy. He started running down the middle of the street and got in his car."

Moreno said the man, wearing a white snow cap and white gloves, drove off in a tan car. Soon after, Moreno said, a custodian barreled out of the school screaming for someone to call the police.

Moreno said he saw the victim laying on the ground, bleeding from the mouth. It was clear to him she had died, he said.

A deputy pulled over the suspect's car in the parking lot of a daycare, and he came out firing a handgun, Troyer said. The deputy returned fire and killed the man.  "We're lucky our guy's OK. The guy did have semiautomatic and did fire a round," Troyer told KCPQ-TV.

School district spokesman Dan Voelpel said Paulson worked in the language resource center helping students one-on-one with reading problems. She had been with the district since 2004 and at the school since 2007. Paulson's death "knocked everyone flat," Voelpel said. "It's going to hit this community hard."

The shooting occurred three days after a 32-year-old man with a history of mental illness opened fire in a middle school parking lot in Colorado, wounding two students.

Pimps sentenced to prison after guilty pleas in prostitution ring in West Seattle

(Original Post 10-11-09)

Twenty-one year old Gerald Jackson was sentenced to 3 1/2 years in prison in a Seattle courtroom by King County Superior Court Judge Helen Halpert on Friday. Jackson's sentence was enhanced because he is a member of the West Side Street Mobb gang. Jackson was accused of pimping three women, collecting all on the money they earned. Jackson described how he forced one of the women to prostitute herself.

King County prosecutors filed charges against six men thought to be members of or affiliated with the West Seattle gang following a joint investigation by the King County Sheriff's Office and Seattle police. Jackson and four others have pleaded guilty to prostitution-related offenses so far; the sixth, 19-year-old Deshawn Cash Money Clark, is currently facing a jury.

"Although she started doing it voluntarily, I used threats to keep her working for me. I expected her to turn over her earning to me. I have hit her hard enough to cause bruises."

"I am determined to leave prison a better human being," he also said.

Absent from his statement, at least in Halpert's expressed view, was any understanding of or remorse for the damage done to the women who prostituted themselves for him.

Speaking to Jackson, the judge said she did not hear him take responsibility for his actions. Still, in an unusual move, Halpert issued a sentence six months shorter than the one prosecutors and Jackson's attorney had agreed on as part of the plea agreement; asked to explain her reasoning by Senior Deputy Prosecutor Sean O'Donnell, Halpert said she was persuaded by Jackson's short criminal record.

Another defendant, 21 year old Desmond Manango, was sentenced to 2 1/2 years in prison for promoting prostitution. His sentence was shorter than Jackson's because he was not involved with a gang.

Clark's trial will continue on Tuesday.

(Update 10-18-09) Another defendant has been sentenced in the case. 20 year old Thomas Foster plead guilty to two counts of first-degree promoting prostitution, conspiracy to commit the same crime and second-degree assault. On Friday, October 16, King County Superior Court Judge Helen Halpert sentenced Foster to 5 1/2 years, 6 months longer than the recommended sentence by both the prosecution and defense.

The charges came from Foster's coercion of his baby's mama into prostitution. Foster threatened to leave the victim if she did not make money, and "when she did make money, I would take all of from her. I did not care if she might get hurt (working on the street). I just wanted to make money." The 2nd degree assault charge stems from an incident in West Seattle where Foster choked and tried to choke his victim.

(Update 12-29-09) Shawn Clark, DeShawn's brother, was sentenced to 9 years in prison on December 11 by King County Superior Court Judge Helen Halpert for 9 criminal counts including violating a protective order, promoting prostitution, witness tampering and criminal conspiracy. Shawn pled guilty to these charges in August, and his brother faces 20 years for his part in the prostitution ring. DeShawn Clark is the 1st person in Washington State to be convicted of human trafficking and faces 20 years in prison when he is sentenced next month.

(Update 1-27-10) DeShawn Clark was sentenced to 17 years in prison last Friday. The prosecution's case rested on the testimony of three girls Clark lured into prostitution, including the prosecution's star witness, a 19 year old girl.

Having fallen out of touch, Clark and the teen began dating during the summer of 2007. That relationship quickly took a violent turn, prosecutors contended, and the teen was soon on her way to Las Vegas with Clark to work as a prostitute.

After pimping the teen in Las Vegas, Clark returned with her to Washington and continued to pimp her there. All the while, prosecutors alleged, Clark assaulted her and threatened to do worse to keep her working for him.

When it became clear to Clark and others in the gang that the young woman intended to testify, prosecutors claim they began to harass her in the hope that she'd be scared away from court. The girl was shot with a pellet gun, greeted by two of Clark's associates at a confidential shelter, and chased into the truck of a Seattle police detective, who proceeded to arrest one of her pursuers.

The victim explained to police that she continued working for Clark because "if I do or don't say anything, they're gonna get me, gonna hurt me. It doesn't matter what I do. They're gonna do what they're gonna do to me, so I might as well do what's right."

After this victim escaped, a second victim, a 15 year old girl that Clark "dated" was forced to "walk the track." According to King County Prosecutor Sean O'Donnell, "If [Clark]felt that she was taking breaks unnecessarily, he yelled at her to get back out on the track and make him some money.At the end of each day, he returned to pick her up and took the money she had earned." Clark also beat the girl along with other associates from the West Side Mobb.

One admitted pimp and Street Mobb member, Mycah Johnson, described learning how to manipulate and intimidate young women from Clark. "'Cash' showed me how to be a pimp," Johnson wrote the court. "He would tell me where I should have (her) work and would explain how to use Craigslist to post her ads. He told me how to manage (her), specifically with respect to the money she earned -- I was to keep all of it."

The sentencing judge was King County Superior Court Judge Douglass North.

Vancouver, WA teacher sentenced to 17 1/2 months for exploiting student

Clark County Superior Court Judge Roger Bennett sentenced former Vancouver (WA) Christian High School teacher to 17 1/2 months in prison for sexually abusing a 16 year old student he coached last Friday, October 16. The sentence was 2 1/2 months above the joint submission by the prosecution and defense. Judge Bennett did so because of 42 year old Richard Gail Parrett's position of trust and authority over the victim.

Parrett was originally charged with 4 counts of 1st degree sexual misconduct for a sexual relationship he had with a 16 year old student he had coached in basketball, track, and weightlifting. Two counts were dropped for Parrett's guilty plea of September 10. The sexual exploitation started in mid-January with flirty texts, and escalated into four sexual encounters, two in the victim's home and the other two in Parrett's SUV. All incidents took place in Vancouver, WA.

Before Friday's sentencing, she addressed the court, telling of the turmoil she'd endured in light of the case. She hurt her parents. She felt violated. And she's felt condemned at school since the news broke.

"My most prevalent emotion is confusion," she said, her voice wavering. "My innocence has been stolen and my virginity taken." Lastly, she had some words for Parrett. "I want him to know that I don't hate him," she said. "And I hope he finds forgiveness in Christ."

While Judge Bennett acknowledged the former teacher's remorse, he said that the consequences "go far beyond the people involved." In Washington, 1st degree sexual misconduct takes place when a teacher enters into a sexual relationship with a student above WA's AOC, which is 16. The law applies to high school students who happen to be legal adults after a revision earlier this year.

Prosecutor intends to seek life without parole for three strikes felon convicted of rape

A convicted rapist and 3 time felon may be sentenced to up to life without parole for beating and raping a woman who gave him a ride from downtown Olympia, WA on April 12. After several hours of deliberation, a jury convicted Allan Robert Simmons, 23, of 1st degree rape and 2nd degree assault with sexual motivation. The 25 year old victim was punched repeatedly, resulting in a broken nose, two black eyes, and a gash on her nose requiring stitches.

The woman testified at trial that she had met Simmons for the first time on the night of the rape, as she was smoking a cigarette outside after attending a party in downtown Olympia near where she works. The pair talked for about an hour, and she agreed to give him a ride home. Skinder told the jury the woman “is a kind person that made the biggest mistake she could have possibly made when she gave this person a ride in her car.”


She testified that during the ride, Simmons began to give her the creeps, ranting about how much he hated his job at Taco Bell and giving her vague directions home in the area of Mullen Road without a specific address. They finally stopped at a location where he said he could be dropped off, and he asked for a hug. She said she complied, hoping he would leave, but he immediately punched her.

She said she attempted to fight back at first, but he continued to punch her in the face so she stopped. During the rape, she begged him not to kill her, she said. Skinder said in court, “She’s a brave person who did what she had to do to survive that day.”

Thurston County Sheriff’s Detective Chris Ivanovich interviewed Simmons at his workplace, a Taco Bell where a person similar to the suspect's description worked. Simmons initially claimed that he was with his girlfriend, but the girlfriend refused to lie for her man. The girlfriend said that Simmons claimed to be with friends the morning of the rape. Moreover, the girlfriend saw bloody clothes that Simmons said came from a fight, but actually came from the attack on the victim.
 
During the trial, Simmons' defense attorney Larry Simmons said that the sex between his client and the victim was consensual, with the woman attacking Simmons because she was upset she cheated on her boyfriend. Deputy Prosecuting Attorney John Skinder rebutted that insinuation be showing pictures of the victim's injuries and contracting his 6' 5", 210 pound frame to her diminutive stature. “This person is an extremely manipulative coward who used his strength and size to beat and pulverize a young person who was kind enough to give him a ride,” Skinder said in his closing argument.
 
Skinder intends to seek life without parole for Simmons at his sentencing, currently scheduled for November 19. Simmons may be eligible for "three strikes" because of two previous felony convictions in Illinois.

Belligham man gets 45 years for murder of wife even without body

ISABELLE DILLS - THE BELLINGHAM HERALD

BELLINGHAM - Bruce Hummel was given a maximum sentence of 45 years in a state prison after refusing to reveal the location of his wife's remains.

Whatcom County Superior Court Judge Charles Snyder sentenced Hummel Tuesday, Sept. 8, for murdering his wife, Alice, in October 1990. A jury found him guilty of first-degree murder Aug. 20.

Hummel, 67, had been facing a sentence of 34 to 45 years in prison. Whatcom County Prosecutor Dave McEachran said he offered to recommend the minimum sentence if Hummel provided information leading to his wife's remains. Hummel declined, and McEachran recommended the maximum sentence.

"It would have provided such a relief to the children to bury their mother," McEachran said, adding that he thought the sentence was "very fitting."

Hummel's attorney, Jon Komorowski, director of the Whatcom County Public Defender's Office, said they intend on appealing the conviction, citing insufficient evidence.

"Mr. Hummel has always maintained his innocence," Komorowski said.

The Hummels' three children have not seen their mother since October 1990, and Alice Hummel's body has never been found.

The backbone of McEachran's case was a nine-year investigation by Bellingham Police detectives, who began looking into Alice's disappearance after her oldest daughter filed a missing person's report with the department in 2001.

McEachran said that Bruce Hummel killed his wife to continue cashing her disability checks and to cover up his alleged molestation of his youngest daughter. Alice Hummel found out about the alleged molestation just before she disappeared, McEachran said.

Hummel covered up the murder by telling his children that Alice moved to California for a new job and to abandon the family, McEachran argued in court.

Letters and packages purportedly from Alice Hummel were sent to the children for years after her disappearance. But police could find no trace of her existence after October 1990.

Bruce Hummel initially told police his wife had abandoned the family. Later he sent them a letter saying Alice had committed suicide and he dumped her body in Bellingham Bay.

Hummel will be transferred to a state prison Tuesday, Sept. 15, to begin serving his sentence.

Civilly committed rapist Gary Cherry staying on supervised release

A Washington serial rapist convicted in the rapes of 2 women and the attempted rape of a third, but who has admitted to raping 18 others, will stay on supervision after a petition for release was denied. If granted, 50 year old Gary Cherry would have been the first Washington sex offender to sucessfully graduate from civil committment. Cherry's petition to be let off of supervision was denied by Mason County Judge Amber Finley on Tuesday, September 1.

In 1979, Cherry befriended a woman he met in a bar, and raped her after she offered to give him a ride home. While on parole for that attack, Cherry tried to rape a 19 year old woman he met at a Grays Harbor fishing pond, but she fought him off. After that incident, Cherry raped a 21 year old woman he met at a Mason County cafe.

Th state of Washington declared Cherry a sexually violent predator and committed him to the McNeil Island Special Commitment Center after he finished his prison sentence. Cherry advanced through almost all steps of the sex offender treatment program.

In 2003 he was released and allowed to live at his own home with his wife and children, but he was under strict supervision, including the following restrictions:

- He is not allowed out in the community alone
- His movements are monitored by GPS
- He is not allowed to contact kids or women without supervision
- He is not allowed at parks, schools or other locations frequented by children or women
- He is not allowed to drive a car without permission from supervisors
- He may not use the Internet without monitoring
- He is not allowed to drink alcohol and is not permitted in bars
- Department of Corrections officials are allowed to search his property at any time.

Police are authorized to arrest Cherry for violating any of these conditions, but if the judge had approved the request from the state attorney general's office Cherry would have been free of these restrictions.

Parents Against Sex Offenders founder Sherry Smith was pleased, stating that she was "very shocked, I thought it was going to go the other way, but I'm very pleased."

"Caregiver" convicted of raping developmentally disabled woman in Washington home

(Original Post 7-18-09)

Joseph Thurura, a Kenyan immigrant, was convicted of 2nd degree rape in a sexual assault on a 45 year old developmentally disabled woman who had been previously victimized. Thurura was found guilty in a bench trial Thursday, July 16 after the victim miscarried the baby Thurura had with her.

DNA samples were taken from 11 men who had access to the victim at the Kent, WA assisted living facility where Thurura was supposed to care for the victim. The victim is blind and mute, and is legally incapable of consent. King County Superior Court Judge Richard McDermott presided over the trial, and will sentence him to between 6 1/2 and 8 1/2 years in prison at the Norm Maleng Regional Justice Center in Kent August 14.

(Update 8-15-09)

Thurura was sentenced to 8 1/2 years to life yesterday. The victim's mother spoke out on behalf of her daughter, who has the developmental capacitiy of an 11 month old girl.

"[She] was tortured and raped repeatedly over a long period of time in her own home -- in her own bed. I believe that Mr. Thurura should be removed from society so that other human beings can be safe from him."

King County Superior Court Judge Richard McDermott said that "If I could send you, Mr. Thurura, to twice the amount of time, or three times the amount of time, I would do so in a heartbeat...It is difficult for me, as a judge sitting here, to conceive of a more heinous offense. You took advantage of and violated one of the most vulnerable members of our society."

After the 8 1/2 years are up, the Indeterminate Sentencing Review Board will review the sentence, ultimately deciding how much more time he has to serve. If Thurura is released, he'll have to register as a sex offender. In Washington, rape resulting in pregnancy only results in aggravation when the victim is a child, not when the victim is an adult, even in severely disabled. In other states, pregnancy is an aggravating factor in rape sentencing.

Tacoma man gets 31 years for stabbing to death wife

A Tacoma man was sentenced to 31 years in prison for the stabbing death of his wife last summer. Jay Nathaniel "Nathan" Poe, 28 plead guilty to the 1st degree murder in the stabbing death of his wife Eva, 44 on May 28. After the murder, Poe tried to conceal the crime by burning her body in the fireplace, mistakenly setting his house on fire. When he woke up in the hospital, under police guard, he said to them, “I guess this is about my home burning...I guess this is about me stabbing and burning my wife.”

Poe revealed that after arguing with his wife for several hours, at about 2 a.m. on Aug. 8, the victim told her husband that she was not going to do as he wanted and was prepared to leave their home, documents said.

In probable cause documents Poe said that he has “abandonment issues” and that he was not going to let his wife leave him so he hid Eva's car keys and then put on a pair of gloves, turned off the lights, got a butcher knife out and caught the victim in the hallway and stabbed her more than 15 times while holding her by the throat and ignoring her pleas to stop.

Official documents said after the stabbing, Poe dressed Eva's wounds and changed her clothes because she "looked bad." Poe described in documents how he tried to clean up the scene of the slaying by renting a steam cleaner, buying hydrogen peroxide, bleach, charcoal and lighter fluid, tried to clean up the blood on the floor and then stuffed Eva's body into the fireplace and lit it on fire.

Poe said the body burning in the fireplace accidentally caught the house on fire, documents said.
Police said a passerby saw the fire and called 911. Before authorities arrived, Poe put the charred remains of his wife in a bag and placed them in a closet, where they were later discovered, prosecutors said.

The Pierce County medical examiner said dental records had to be used to identify the victim because her body was so badly burned and that she suffered at least 10 stab wounds to the torso, which caused her death.

Police said parts of the victim's body were also found in the home's fireplace.

The victim worked as a medical assistant in a plasma center, where the perp frequently utilized to get money for his platelets. The plea, then sentencing was done in Pierce County Superior Court. Poe's formal charges were 1st degree murder, arson, and disposing of a firearm.

Washington State legislation closes loophole legalizing sex with 18 year old students

(Original Post 1-24-09)
On January 14, an appellate court stated that because Washington's educator sexual abuse statute stated only sex with minors were criminalized, teachers had a free reign to have sex with their 18 year old students.

State lawmakers, including House Majority Leader Lynn Kessler, are outraged.
"There's expectation from parents that when their children go to school, they are protected by adults, because they're students. These are places where they go to learn. Not learn how to have sex. They're going there to learn. We don't expect our teachers to start having sex with them," said Kessler.

Kessler, a Democrat representing the north Olympic Peninsula, is cosponsoring bipartisan legislation to close the loophole. House Bill 1320, which awaits a hearing in the House Public Safety Committee, would allow prosecutors to charge offending teachers and school employees with a Class C felony.

The crime would give a maximum sentence of 5 years imprisonment and registration as a sex offender for teacher student sex when the student is 16 to 21. Sex offender registration is not currently involved when teachers have sex with Washington State students over 16.

(Update 4-22-09) The Washington State House has passed HB 1385 by an 82-16 vote. This bill makes teacher/student sex with victims between 18 and 21 a felony. Rep. Larry Haler, R-Richland, wrote the bill because courts decided that the existing teacher-student sex acts only applied to minors, those under 18.

"It's been a long road but to have this legislation pass the Legislature and sent to the governor's desk is truly one of the highlights of my legislative career. As elected officials, one of our paramount duties is to protect our citizens. Keeping our families, communities and students safe is of the highest priority.

The parents of the Tri-Cities never let me forget for one minute that this was a fight for the safety of their kids," Delvin said. All day, every day they entrust their children to teachers and school employees who have pledged to keep their children safe. Today's legislation makes it crystal clear that all students in Washington state secondary schools are protected from teacher sexual misconduct to age 21, the age limit for secondary school children. I particularly wanted to protect the students with developmental disabilities and this legislation will do it."

(Update 5-19-09) Washington Governor Chris Gregoire signed the bill into law two weeks ago yesterday, or May 4. Besides teachers, janitors and bus drivers caught having sex with students between 16 and 21 will have to register as sex offenders if convicted.

Daily Evergreen editorial - defending yourself aganist rape

Defend yourself against rape -It’s not discussed enough
Tiffany Harms
The Daily Evergreen
Published: 09/12/2008

College-age women are four times more likely to get raped, according to the Rape Abuse and Incest National Network Web site. And here we are, college-aged and all, yet nothing is said to us about rape. Sure, you’ll find a poster here and there telling you to “go to the police” or “no means no,” but in my opinion, this issue, for how common rape is, hasn’t been talked about enough. You deserve to be educated. You deserve to know about your resources. So here it is, in your face. It’s time to start talking.

When I talked with Pullman Police Cmdr. Chris Tennant during the summer, he said the most common type of rape in Pullman – and everywhere else – is acquaintance rape.

According to the National Center for Victims of Crime’s Web site, acquaintance rape is “a sexual assault by an individual known to the victim.” This can be anyone you know, even someone you are dating.
Sadly, even though this is the most common – four out of five rapes are acquaintance rapes – it is also the least reported and the least talked about.

As everyone is well aware, rape is a touchy subject. It’s important at all times to keep the situation in perspective. While it is of the utmost importance that you remain vigilant, you should also keep in mind the dynamics of each individual situation.

Acquaintance rape is possibly the ultimate “gray area.” This is one of the reasons why it is so vastly underreported. But there are some consistent traits among attackers you can use to help identify and avoid them.

According to RAINN, the attacker will usually intrude upon or violate the victim’s personal space. This could manifest in the attacker revealing personal information to create a false sense of closeness or by “accidental” touching.

Be careful: This might come across as flirting, but pay close attention to the intensity. Usually when you first meet someone, they don’t tell you their life story, nor do they try to feel you up.
The attacker will also attempt to make the victim feel comfortable with them. This is called desensitization. The dangerous thing is the attacker is manipulating the victim into lowering their inhibitions and making the victim feel like their uneasy feelings are unfounded and incorrect.

If you initially feel uneasy about someone, hold on to that. You shouldn’t ever trust someone that hasn’t earned your trust. Finally, once the attacker has gained the victim’s trust, they will use it to isolate him or her from other people.

In all encounters with people, you should trust your gut instinct. If you feel weird about someone, restrict your contact with him or her or include other people in the conversation.

Unfortunately, alcohol or other drugs will completely throw all of this off. They can lower inhibitions, meaning that you might not notice if someone is coming on too strong, and you are more likely to do things that you wouldn’t feel comfortable with if you were sober.
Tennant said the most reliable way to protect yourself is to use the buddy system. If you’re going to a party, take a friend along with you, make a plan for the night and stick to it.

One of the trickier things to talk about is what will happen if you find someone you want to hook up with. Should your buddy screen the lucky guy/girl? Who will have the final say, you or your buddy? These are the kinds of questions you should have answers for ahead of time.

Keep in mind that if you met this person at the party, it’s probably not a good idea to run with it. One-night stands are never a good idea, as harmless as they may seem. If you find someone you like enough, get his or her number. There is always tomorrow.

Finally, when you do decide to hook up with someone, make sure you talk about it. Make sure it is something that you both want and are ready for.

Rape occurs when there is no consent. It may feel awkward to talk about sex, you may feel like you’re ruining the moment, but you probably shouldn’t be having sex if you can’t even talk about it.

Man sentenced to nearly 49 years in prison for attack on ex-wife

33 year old Jerome Alverto was sentenced to almost 49 years in prison in a Tacoma, WA courtroom Friday for pistol whipping and beating his ex-wife back in 2006. According to court documents, Stephanie Wilson was shot 5 times, beaten and pistol whipped in the head, and suffered serious injuries.

Alverto was convicted of attempted first-degree murder, first-degree burglary and first-degree robbery with a weapons enhancement.

Judge Kitty Ann Van Doornick sentenced Alverto to a total of 48 years, 10 months and two weeks in prison. Doormick said Alverto must first serve 15 years without possibility of parole for the weapons charge and then the rest of the sentence afterwards.

The victim's mother, Joan E. Sterling, testified about how the attack left her daughter with an inoperable, and potentially fatal brain condition. The victim, Stephanie Wilson attended her attacker's sentencing, but declined to speak because her doctor told her to avoid stress.

Man gets 5 years in prison for choking "girlfriend" to death

EVERETT, Wash. (AP) - A man faces five years in prison for putting his girlfriend in a deadly sleeper hold in front of his teenage son in Lake Stevens.

The sentence was issued Thursday to 47-year-old Terry Calvin Van Allen for the death of 41-year-old Clella Colson. Her body was found in her home on April 28, 2007, and Van Allen pleaded guilty three months later to second-degree manslaughter and violation of a no-contact order.

Van Allen could have been sentenced to eight years if he had been convicted of first-degree manslaughter as initially charged.

He wept in court, saying they had been fighting and he only wanted to render Colson unconscious. He put her in a sleeper hold, squeezing the carotid artery in her neck to prevent flood from reaching her brain.

Toppenish, WA man sentenced to 13 3/4 years for stabbing baby's mama

A 26 year old man will serve 13 ¾ years in prison and 2 to 4 years probation for the May 2007 attack on his now ex-girlfriend. Robert Savala Jr., 26, will serve the time for stabbing his then live-in girlfriend Melissa Vega 20 times in the chest, legs and head while drunk in their Toppenish, WA apartment. Savala’s official conviction was for 2nd degree attempted murder, and he was issued a no-contact order lasting for 80 years. The couple had a then 6 month old son.

Spokane, WA pastor convicted of rape attempt, faced 20 to life, got 18 years

(Original Post 6-13-08)
By Associated Press

SPOKANE, Wash. (AP) - A former pastor in Spokane has been convicted of attempted rape.The Rev. Herman Lewis was convicted Wednesday for an April 30, 2007, incident when he offered a woman $50 to have sex with him and then attempted to drag her out of a Shari's restaurant when she refused.

Lewis was pastor of Morning Star Baptist Church, but lost his job after his arrest.An addition to attempted rape, the jury convicted the 50-year-old Lewis on first- and second-degree assault charges. He was acquitted of indecent liberties and of a second count of first-degree assault.Lewis faces 20 years to life when he is sentenced next month.

(Update 7-31-08) Lewis was sentenced to 18 years in prison by Spokane County Superior Court Judge Tari Eitzen. His sentenced matched prosecutors' request, while the defense asked for 3 years. Lewis explained his actions by being on anti-psychotic drugs. Besides the prison time, Lewis will have to pay $7385 in restitution for damage to police squad cars during the chase, and will have to register as an sex offender.

Spokane security guard pleads guilty to peeping on women using Homeland Security cameras

Darin Earl Wanless, a 33 year old security guard at the federal courthouse complex in downtown Spokane, pled guilty to a single count of felony voyeurism for incidents last year when he watched women undressing. He ogled a woman inside condoes and a second victim inside a hotel. He originally faced 4 counts of voyeurism last August, and is scheduled to be sentenced to a jail range of between 0 and 90 days in jail (not prison) by Spokane County Superior Court Judge Maryann Moreno.

“We’ve got boobies!” Wanless exclaimed while watching one of the women, according to court documents. The charging documents name the women involved, but The Spokesman-Review does not generally name victims of sex crimes.

Federal investigators who reviewed recordings from the security camera between May 15 and June 11 last year determined that Wanless made inappropriate use of the cameras on 22 other occasions, court documents say. The rooftop cameras, including four on each corner of the post office, are controlled from the adjoining U.S. Courthouse, and the images they capture are reviewable.

Department of Homeland Security funds paid for the digital cameras. A senior law enforcement official had previously told the newspaper the cameras are so powerful they can be used to count ice cubes in a tumbler in an adjoining building.

Secure Solutions LLC, under contract with Federal Security Services, a division of ICE (Immigration & Customs Enforcement) to provide security for the federal complex (including the courthouse and post office, fired Wanless after a fellow security guard reported him.

Lorie Dankers, Pacific Northwest spokeswoman for ICE, held Wanless as an example of what not to do when behind the surveillance camera. “He’s an example of what you should not do. That’s been underscored since this incident.”

Wanless was ordered to serve 3 years supervision, pay $500 to a victims’ compensation fund, and register as a sex offender for the next 10 years by Judge Moreno. One of the victims will read her victim impact statement at next month’s sentencing. The prosecutor was Spokane County Deputy Prosecutor Kelly A. Fitzgerald.

Joseph Blue case - "Jekyll and Hyde" "boyfriend" convicted of rape

‘Mr. Hyde’ guilty of rape, assault
JESSIE STENSLAND, Assistant editor jstensland@whidbeynewstimes.com Published: July 23, 2008 12:00 AM Updated: July 24, 2008 4:23 PM
Panties don’t fit, but they won’t acquit


A man described as “Dr. Jeckyl and Mr. Hyde” by the county prosecutor is going to prison for strangling and raping his ex-girlfriend last August.


A jury in Island County Superior Court found Joseph Blue, a 28-year-old Oak Harbor man, guilty of rape in the first degree and assault in the second degree by strangulation. The verdict was read last Friday, after seven days of testimony by the victim, police, doctors, witnesses and competing experts.


In the end, members of the jury evidently agreed with Island County Prosecutor Greg Banks’ portrait of Blue.“This case is about the Jeckyl-and-Hyde behavior of this man, Joseph Blue,” Banks said in his opening statement.


“It was triggered by jealousy and fueled by alcohol, cocaine, prescription medication and marijuana,” he added.


Blue’s attorney, Jon Ostlund of Anacortes, tried to poke holes in the prosecutor’s case by questioning the victim’s credibility and the lack of forensic evidence.


“This is a case of exaggeration, a case of fabrication, a case of vindictiveness,” Ostlund said.
Ostlund repeated over and over that Blue was guilty of assaulting the woman, but not of raping or strangling her.


The first witness was a dispatcher who brought a 911 tape of the frightened woman asking for help after Blue had left her apartment after a night and morning of terror.“He told me he was going to kill me over and over and over again while he was strangling me,” the woman said.
The victim, a 30-year-old Oak Harbor woman, spent hours on the stand during the trial, answering questions about her ordeal. She asked that her name not be used in the newspaper.


The petite, soft-spoken woman explained that she and Blue had lived together, but she had kicked him out before he went to Alaska last year. When he returned, they still hung out as friends.


She explained that Blue had badly fractured his wrist the day before the assault. She said he was taking a lot of prescription pain medication, but was also intoxicated from alcohol, cocaine and pot.


She described how Blue beat her, bit her all over her body, urinated on her head, dragged her by the hair, gouged her eyes with his thumbs, hit her with a belt, sodomized her, raped her and strangled her several times, once causing her to lose consciousness.


“If he wasn’t strangling me or hitting me, he was lecturing me on how this was my fault,” she said, “and trying to make me understand that this was what I deserve.”


The woman started crying while describing the strangulation.


“I couldn’t fight. He was so strong. He was so strong,” she said. “I kept thinking to myself, this is it.”


During the trial, Banks introduced testimony from two other women who claimed that Blue had assaulted and raped them in other states. The testimony was allowed, Banks explained, in order to show that beating, strangling and raping women was part of “a common scheme or plan” for Blue.


Blue’s ex-girlfriend claimed that he had beaten her very badly, choked her until she lost consciousness and raped her. She managed to escape and ran out of the home naked. She had photos taken of the injuries.


“Her whole face was a mess,” Banks said after the trial. “It looked like a Halloween mask.”


Blue’s ex-wife took the stand and testified about two incidents of alleged violence. She claimed he strangled her and hit her inside a truck, then slammed the vehicle’s door on her hand.


She claimed he assaulted her again, 10 days later. She said he smothered her with a pillow and later raped her.
Blue didn’t testify at the trial, which his attorney called a strategic decision.


In his closing argument, Ostlund said there was “no objective evidence” to support that Blue either raped or strangled the woman. Doctors testified that the forensic results are unclear. Also, Ostlund pointed out that Blue’s hand was broken. His orthopedic surgeon testified that he wouldn’t have been able to use the hand without intolerable pain, even with all the drugs he took.


But Banks countered that Blue obviously was able to beat the woman and hold her down to bite her, which Ostlund didn’t refute. Banks showed the jury numerous photos of the woman’s injuries. The prosecutor said it’s not a stretch to think that Blue also could have strangled and raped the small woman, even with one hand.


In a bizarre turn of the trial, Ostlund discussed a pair of skimpy, thong underwear that the victim testified Blue had worn. She claimed Blue told her he got them from his friend “Todd.”
Wearing rubber gloves, Ostlund held the panties up for the jury and argued that his client wouldn’t fit in them. He questioned why they weren’t tested for DNA.


Banks, however, said the underwear was just a distraction from the important evidence in the case. He said “Todd” provided a real bit of comic relief when he testified about the thong and other underthings.


“I would encourage you to use gloves if you are going to handle it,” he told the jury.


Blue could face more than 10 years in prison when he is sentenced at 9 a.m. on Aug. 22.


Banks said the sentence range will depend on whether the two charges are considered separate crimes or part of the same act. The likely range, he said, is an indeterminate sentence with a minimum of 93 to 123 months. Blue would have to serve the minimum sentence and go before a review board that will decide whether to release him.


You can reach News-Times reporter Jessie Stensland at jstensland@whidbeynewstimes.com or call 675-6611.

"Cowboy" Mike sentenced to 47 3/4 years in prison for rape, murder

"Cowboy" Mike Braae was sentenced Thursday, July 24 to 47 ¾ years in the Washington State prison system for the 2001 rape and murder of 44 year old Lori Jones. Superior Court Judge Richard Strophy called Brahe one on the few “truly dangerous” individuals he met in his 37 year legal career, and said to the convicted murderer and rapist, "That's your epitaph, and you're proud of it so you can swagger on to the Department of Corrections."

A jury found Braae guilty of murder and first-degree rape May 22, six years to the day after he was charged.

Jones' two daughters, Elisa Jones, 18, and Melinda Frazier, 32, testified at trial and had planned to speak at the sentencing by telephone. Jones is visiting Frazier in Tennessee, where she is stationed with the Navy.

Shandi Druett, Jones' legal guardian, said the daughters changed their minds because they had nothing more to add and felt comfortable leaving the decision in the judge's hands. They asked prosecutors to seek the maximum penalty. Strophy sentenced Braae to 573 months in prison — the top of the sentencing range.

Druett said the sentencing was a huge relief and provides closure so the daughters can move on with their lives. "We're very happy this is the end, and we're very happy with the outcome," she said.

Brahe told Strophy he had nothing to do with Jones’ murder and that his defense attouneys did not interview witnesses that would have freed him from jail. "I wouldn't be standing here convicted of this crime today" if lawyers Larry Jefferson and James Shackleton did a better job representing him.

He will serve the sentence for murder and rape after he completes his Idaho sentence for aggravated assault and fleeing a police officer in 2012. He will be processed by the Washington DOC before being returned back to Idaho.

Prior to Thursday's sentencing, Brahe's lawyers had argued Strophy should dismiss the rape conviction — resulting in a lesser sentencing range — because the rape and murder constituted a single act.

"The events were not separate and distinct conduct," they wrote in their memorandum to the court. "Rather, the rape was integral to Ms. Jones death."

Strophy agreed with the prosecution that the crimes were distinct because Braae's intent changed while committing them. Braae's intent in raping Jones was to have sex by force.

"When Braae concluded the rape, and proceeded to murder Lori Jones, his objective intent changed as he strangled her to death," according to their sentencing memorandum.

Brahe testified he met Jones 3 months prior to her death, but forensics proved he was in Jones’ apartment when she died, 2 days after he killed her.