Topic: Snohomish County Prosecutor’s Office
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September 24, 2013 at 4:33 PM
A 16-year-old boy accused of robbing an Everett sandwich shop at gunpoint in August will be tried as a juvenile, Snohomish County prosecutors said today.
Senior Deputy Prosecutor Connie Crawley said the case didn’t meet the criteria to move prosecution of the Arlington teen from juvenile court to adult court. If convicted of robbery, the teen faces 103 to 129 weeks in juvenile detention, she said.
The boy is being held at the Denney Juvenile Justice Center in Everett. He pleaded not guilty today and faces trial next month, Crawley said.
The Seattle Times is not naming the boy because he is charged as a juvenile.
According to prosecutors, the teen and an unidentified accomplice robbed the Jimmy John’s sandwich shop at 909 Sievers Duecy Road in Everett on July 23. Prosecutors said the two wore surgical masks and displayed a handgun as they ordered employees to open the register. Both stuffed money in their pockets before fleeing, police said.
A 12-year-old boy facing prosecution as a juvenile for two other armed robberies claims he borrowed a handgun from the 16-year-old boy.
May 15, 2013 at 9:33 AM
UPDATE AT 1:07 P.M.: Snohomish County Superior Court Judge George F. Appel has confirmed the jury’s death sentence for Byron Scherf for killing corrections Officer Jayme Biendl.
After Scherf declined to address the court this afternoon, Appel said to him: “Byron Eugene Scherf, I hereby sentence you to death for the murder of Jayme Biendl.” He will become the ninth man on Washington state’s death row.
Under state law, the death sentence is subject to mandatory review by the state Supreme Court.
The state Department of Corrections also issued this statement on the verdict: “Today, our thoughts are with the family of Correctional Officer Jayme Biendl. We are grateful for the completion of the trial and penalty phase of this tragic case.”
ORIGINAL POST: EVERETT – A Snohomish County jury has recommended the death penalty for a prison inmate convicted last week of killing corrections Officer Jayme Biendl in January 2011.
Byron Scherf, 54, was convicted Thursday of first-degree aggravated murder, setting in motion deliberations over whether he should face life in prison without parole or the death penalty. Jurors began deliberating his fate just before 11:30 a.m. Tuesday and returned with their verdict just after 9 a.m. this morning.
Members of Biendl’s family hugged after the jury’s verdict was announced in a packed courtroom that included numerous corrections officers.
Scherf had no noticeable reaction to the verdict.
Superior Court Judge George F. Appel will hold a hearing at 1 p.m. today to consider whether to formally impose the sentence. If Appel agrees with the jury’s recommendation, Scherf will be the first person sentenced to death in Snohomish County since janitor James Elledge, 58, was condemned in 1998 for killing a woman in a Lynnwood church and raping a second. Elledge was executed in August 2001.
Deputy Prosecutor Paul Stern told reporters, “We’re just very grateful,” citing the work of investigators and the jury’s deliberations. Biendl’s family met with reporters outside the courthouse. Biendl’s father, James Hamm, said, “A weight was lifted off my shoulders.” He wore a small replica of his daughter’s corrections badge on his lapel. Reacting to the jury’s verdict, Biendl’s sister, Lisa Hamm, said, ”I’ve been waiting 837 days, exactly, to hear those words that he got the death penalty.”
Scherf is a convicted rapist who was serving a life sentence at the Washington State Reformatory in Monroe when he killed Biendl, 34, in the prison’s chapel.
During Scherf’s trial, the defense didn’t dispute that he strangled Biendl with an amplifier cord. But his lawyers suggested he didn’t plan to kill Biendl, and said he blacked out in the final minutes of her life.
The jury saw Scherf’s video confession last week in which he said he first planned to ambush and beat up Biendl over something she said to him. He refused to say what set him off.
Scherf’s DNA was found on Biendl’s fingernails. His blood was found on her coat and the amplifier cord, forensic scientists from the state crime lab testified. Scherf’s hands were bright red with an obvious mark across a palm, testified a Monroe police detective who saw him a few hours after the killing.
During the subsequent penalty phase of the trial, defense lawyers argued that Sherf had been a model prisoner over the years and had taken educational coursework, as well as self-improvement classes. He had spent all but two years of his adult life in prison. They noted he would likely serve out his sentence in 23-hour-a-day lockdown.
Prosecutors called just one witness, Biendl’s father. “There is an enormous void in our lives that will never be filled,” James Hamm said, according to a report in the Everett Herald.
Three state prison officers were fired, and four others, including two lieutenants, were disciplined for mistakes made before and after Biendl was killed.
For a list of inmates currently on Washington’s death row, click here.
Information from The Associated Press is included in this report
March 2, 2013 at 11:21 AM
A Seattle man who killed an 18-year-old man last summer has been sentenced to nearly 26 years in prison.
Edgar Alejandre, 20, kept his head bowed while the victim’s family spoke about their pain during Alejandre’s sentencing Thursday in Snohomish County Superior Court, according to The Herald (of Everett). He apologized for the death of Fernando Mendoza of Mount Vernon.
Mendoza’s body was found in early September in a shallow grave near Machias, east of Everett, by a person walking a dog, according to the Snohomish County Sheriff’s Office. Mendoza died from three gunshot wounds.
Witnesses said Mendoza was going to meet Alejandre on July 2 to settle a drug debt. Mendoza was never heard from again and his family reported him missing.
Alejandre was captured by U.S. marshals in Oxnard, Calif.
A second man, 19-year-old Victor Garcia, has been charged in connection with the slaying. Prosecutors allege the two men planned to rob and kill Mendoza when they met up with him in a rural area of Snohomish County.
January 28, 2013 at 3:39 PM
A Lynnwood man who last year robbed and punched a 91-year-old man, who later died, was sentenced today to 12½ years in prison, the Herald of Everett is reporting.
Patrick Hartness, 26, admitted earlier this month that he attacked and robbed Harold E. Caywood at an Arco service station at 9931 19th Ave. S.E. on Aug. 24. Caywood died weeks after the violent robbery.
The Snohomish County Medical Examiner’s Office was not able to determine if the punch was the cause of Caywood’s death. The medical examiner said Caywood had other pre-existing medical conditions.
Snohomish County prosecutors decided not to pursue murder charges against Hartness, who pleaded guilty to first-degree robbery.
Caywood’s family says he was a World War II veteran who before the attack was an active man, making elaborate beading projects that won prizes at the Evergreen State Fair.
November 28, 2012 at 9:48 AM
Marysville police Officer Derek Carlile will not face a second trial in the death of his 7-year-old daughter earlier this year, the Snohomish County Prosecutor’s Office announced this morning.
Chief Criminal Deputy Prosecutor Joan Cavagnaro said her office will file a motion today to have the charge of second-degree manslaughter dismissed against Carlile. In seeking the dismissal, prosecutors plan to indicate they do not believe a second jury will be able to reach a unanimous verdict following another trial.
Carlile’s attorney, David Allen, said he was “very thankful” about the decision.
“They could try it 20 times and not do any better than a hung jury,” Allen said.
Earlier this month, a mistrial was declared after jurors were deadlocked in Carlile’s trial in Snohomish County Superior Court. The jury was split 7-4 in favor of acquittal, with one undecided, after hearing how the officer’s 3-year-old son fatally shot his older sister Jenna with Carlile’s handgun in the family’s van.
Carlile was in a rush to get to a wedding when he and his family stopped off at a friend’s shop in Stanwood on March 10, according to testimony. Carlile left a loaded .38-caliber revolver in a cup holder between the front seats of the family’s parked van as he and his wife stepped away, leaving their four children alone inside.
Carlile’s son, Steele, got out of his booster seat, grabbed the gun and shot his sister in the abdomen. She died at a Seattle hospital.
In filing criminal charges against Carlile, prosecutors said he was aware that his son was fascinated with firearms but nevertheless “failed to heed or be aware of a substantial risk that death would occur when he placed and left his loaded, unsecured revolver in an enclosed van with four children inside.”
But Allen told jurors that Carlile was a conscientious father who unfailingly locked his firearms in a safe at home. Carlile’s failure to secure the revolver in the van was “no more than a momentary lapse of judgment,” and not a criminal act, Allen said
“All of us make mistakes,” Allen said.
Carlile remains on paid administrative leave from the Marysville Police Department, according to Marysville police Cmdr. Robb Lamoureux. He now faces an internal investigation.
November 1, 2012 at 11:07 AM
An Edmonds police officer accused of having sex with a women he had detained in May was charged today with first-degree custodial sexual misconduct, a felony.
Officer Daniel Lavely, 47, was a 7 ½-year veteran of the department when he was arrested by Everett police in June. He has been on administrative leave from the Edmonds Police Department since his arrest.
According to charges filed by Snohomish County Deputy Prosecutor Adam Cornell, Lavely contacted the 28-year-old Seattle woman after she allegedly jaywalked on Highway 99 in Edmonds on the night of May 6. Early the next morning, Lavely encountered the same woman while handling a 911 call and placed her in the back of his patrol car.
The Seattle woman told investigators that Lavely “took her to the poorly lit parking lot of the Burlington Coat Factory, in Edmonds,” according to charges. He forced the woman to engage in sex in the parking lot, charges said.
While Everett police say the woman was not handcuffed, the charges say that she was “detained, under arrest or in the custody of the defendant.”
Everett police were brought in to investigate the sexual misconduct allegation.
Cornell said in charges that he is seeking a sexual assault protection order between the Seattle woman and Lavely.
June 7, 2012 at 11:45 AM
An Edmonds police officer was arrested by Everett police today on allegations that he had sex with a woman he had detained last month.
Officer Daniel Lavely, 46, a 7 ½-year veteran of the department, was booked into the Snohomish County Jail at 11 a.m. for investigation of first-degree custodial sexual misconduct., according to Edmonds and Everett police.
On the night of May 6, Lavely contacted a 28-year-old Seattle woman after she allegedly jaywalked on Highway 99 in Edmonds, said Everett police spokesman Officer Aaron Snell. Later that night, Lavely was dispatched to another 911 call regarding the same woman. During that call he placed the woman in the back of his patrol car and “drove her to a remote location where the two had sexual intercourse,” according to Everett police.
The woman was not handcuffed, Snell said.
Snell would not disclose the nature of the later 911 call. He only referred to it as “a call for service.”
The woman reported the incident to law enforcement several days later. On May 9, Everett police were brought in to investigate the sexual misconduct allegation, Snell said.
Lavely was placed on administrative leave after the allegation was made, Edmonds police said.
“A determination as to Lavely’s employment status with the city will be made pending an Edmonds Police Department review of the entire investigatory file,” Edmonds police Sgt. Mike Blackburn wrote in a news release.
The case has been forwarded to the Snohomish County Prosecutor’s Office today, Snell said.
May 4, 2012 at 3:34 PM
Snohomish County Prosecutor Mark Roe has decided not to seek the death penalty for Holly Ann Grigsby, who is accused, along with her boyfriend, of killing David “Red” Pedersen and Leslie Pedersen in Everett in September.
Grigsby’s boyfriend, white supremacist David Joseph “Joey” Pedersen, pleaded guilty to the killings in March and faces life in prison without parole. He is victim David Pedersen’s son.
Grisby, 24, is charged with two counts of aggravated first-degree murder and faces life in prison without parole if she’s convicted.
In deciding not to seek the death penalty against Grigsby, Roe cited her lack of prior violent criminal history and her age. He also noted that she appears to have been following the lead of her boyfriend in participating in the slayings.
Police allege that after killing Red and Leslie Pedersen, the couple drove Red Pedersen’s SUV to Oregon, where they shot and killed 19-year-old Cody Myers and stole his car.
Grigsby told police they shot Myers “because his last name made them think he was Jewish,” according to charging documents. Prosecutors said Grigsby claimed she and Pedersen planned to drive to Sacramento, Calif., to “kill more Jews.”
The couple also are suspected of killing Reginald Alan Clark, 53, an African-American man who was found shot to death in the back seat of his pickup in Eureka, Calif.
Pedersen and Grigsby were arrested Oct. 5 in Yuba City, Calif.
Pedersen was sentenced to two years in federal prison in 2001 for threatening to kill a U.S. District Court judge in Boise, Idaho.
March 21, 2012 at 10:49 AM
– From The Associated Press:
MARYSVILLE — Police are recommending felony sex offense charges against seven Marysville Middle School boys accused of a sexually motivated assault on a girl on a school bus.
Cmdr. Robb Lamoureux says the detective believes the charge of indecent liberties best fits what happened March 1 on the bus. The charging decision will be made by the county prosecutor.
The boys range from 11 to 15 years old. The girl is 13.
Four of the boys have been expelled and three have been suspended for the rest of the school year.
March 20, 2012 at 2:48 PM
There were four children under the age of 8 inside the vehicle where the daughter of a Marysville police officer was fatally shot by a sibling earlier this month, according to information released today by the Snohomish County Sheriff’s Office.
Jenna Carlile, 7, of Camano Island, was inside the vehicle with her three younger siblings on March 10 when one of the children apparently got ahold of their father’s handgun and shot Jenna, authorities said. Jenna was hospitalized after the shooting; she later died at Seattle’s Harborview Medical Center.
Though early reports indicated that Jenna’s younger brother had been handling the gun when it went off, sheriff’s investigators will not say which child is responsible for the death that’s been ruled a homicide. Officer Derek Carlile and his wife were outside of the vehicle, which was parked in Stanwood, when the shooting occurred.
Investigators say that the handgun used in the shooting was a personal firearm owned by Carlile, not his department-assigned gun.
“Once detectives have finished their investigative efforts, the case packet will be forwarded to the Snohomish County Prosecutor’s Office for review to determine if any criminal charges are warranted,” sheriff’s Bureau Chief Kevin Prentiss wrote in a news release.
Snohomish County Prosecutor Mark Roe has declined to comment on the case.
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The Today File is a general news blog featuring real-time coverage of Seattle and the Northwest. It is reported by the news staff of The Seattle Times and edited by Assistant Metro Editor Nick Provenza.
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