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Newspaper Archive of
Shelton Mason County Journal
Shelton, Washington
February 1, 2007     Shelton Mason County Journal
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February 1, 2007
 
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Guilty verdict in blo(',b buSter case A Mason County Superior Court jury convicted a Shelton man of a felony crime after a one-day trial of allegations that he threw a ce- ment block through a neighbor's window. Steven Francis Hawley, 49, of 945 SE Valley Road, was found guilty of malicious mischief in the first degree in an incident which occurred on October 21 at 270 SE Arcadia Road, where Ralph L. Brigman Jr. was residing. Hawley had gone to Brigman's residence to confront him about attempt- ing to run over Hawley's daughter with his car. The girl later admit- ted she had lied about this. Haw- ley is scheduled for sentencing on February 12. The jury was seated on Janu- ary 23 and testimony began with Brigman, who said he was living with Linda L. Kleisath-Crowley in a single-wide mobile home. ASKED TO DESCRIBE how the incident began, Brigman said Dena Viney, the landowner's wife, "came down, yelling and scream- ing about me almost hitting one of her children out on the road and I couldn't figure out what she was talking about. My car never left the property." He said Viney "took a round- house kick and knocked the siding loose on a corner of the trailer." He said she left and a few minutes later her husband, Mark Viney, came by and asked what hap- pened. He said when he told him what Dena Viney had said, Mark Viney "laughed and said, 'She's crazy' and threw his hands up and left." He said about 15 minutes after Mark Viney left, he heard a car or truck pull up alongside the trailer and heard doors slam. "Someone knocked on the door and they were yelling for me to come out. Because I didn't know who it was, I was hesitant to open the door. They started kicking the door. Then all of a sudden a concrete block, not a brick, came sailing through a win- dow. They kept demanding I come out," Brigman said. Deputy Prosecutor Reinhold Schuetz asked him how he knew there was more than one person outside. Brigman said Kleisath- Crowley looked out and saw two Guilty pleas: Man with a handle on situation is convicted A 42-year-old man who admit- ted spanking his teenaged daugh- ter with an ax handle was among the defendants who changed their pleas recently in Mason County Superior Court. Dorsey Richard Moody of 2818 Alderbrook Court North, Puyallup, pied guilty on Monday, January 29, to assault in the third degree. He was convicted of do- mestic violence. Moody, who was residing at 131 NE Byerly Drive, Belfair, on November 12, wrote in his plea statement, "I caused injury to my daughter," who is identified in court records by the initials A.D. According to court documents, he spanked the 15-year-old girl with a handle from an ax after she returned to the family home after being gone for several days. Moody said they argued about her punish- ment when she returned home. He told her to go to her room and she said he should just spank her. With no prior felony criminal history the standhrd sentencing range is fl'om one to three months in the Mason County Jail followed by 12 months of community cus- tody, Judge James Sawyer ex- pl.ained. He said the state would recommend a 60-day sentence with 30 days of incarceration in the Mason County Jail and 30 days served on electronic home monitoring. Moody is scheduled for sentenc- ing on March 12. Three women in unrelated cases also changed their pleas on Janu- ary 29. • Debbie Marie Whitney, 40, of 1711 Adams Street; Shelton, pled guilty to possession ofmethamphet- amine. In her plea statement she admitted she had meth when she was arrested on October 26. With an offender score of one the sentencing range is from zero to six months with the state rec- ommending a three-month sen- tence, Judge Sawyer explained. He scheduled sentencing for Feb- ruary 26. • Nicole Marie Freemari, 21, of 4362 West Cloquallum Road, Shelton, entered guilty pleas to charges of theft in the second de- gree and forgery. Both felony of- fenses involve the Shelton Wal- Mart, with the theft on December 15 just before midnight and the forgery on December 16 around 2 a.m. In her plea statement she ad- mitted taking $1,098.68 in mer- chandise from the store without paying for it. In the forgery case, she admitted attempting to pay for an iPod at Wal-Mart with a check for $214.30 from Vincent B. Fulginiti, who reported the theft of checks on December 15. With an offender score of one, the standard sentencing range is from zero to 90 days for the theft conviction and from one to three months for the forgery conviction, Judge Sawyer explained. He re- leased Freeman on her promise to appear for sentencing on February 26. • Melissa Ann Johnson, 24, of 504 Grant Avenue, Shelton, pled guilty to possession of metham- phetamine. In her plea statement she admitted she had meth when she was arrested on December 21. With an offender score of one the sentencing range is from zero to six months, Judge Sawyer ex- plained. She has applied for ad- mission to drug court. If she is ac- cepted and successfully completes the requirements she will be al- lowed to withdraw her plea and the charge will be dismissed. If she is not admitted to drug court, Johnson is scheduled for sentenc- ing on March 5. On Friday, January 26: • Kenneth Ulary Woodall, 58, of 7560 West Shelton-Matlock Road, Shelton, pied guilty to felony violation of a no-contact order. He was convicted of domestic violence against Tracy Chapman in an inci- dent on November 30. In his plea statement, he wrote, "I"nis was the third time I had violated the no-contact order. She came onto the property and I should have removed myself from the situation." According to court documents, there is a Mason County District Court order which expires on February 18, 2008. With no prior flony convic- tions, the sentencing range is from six to 12 months with 12 months of community supervision, Judge Toni Sheldon explained. She said Woodall is also eligible for a First Offender Sentencing Option which provides for a sentence of from zero to 60 days of confinement followed by two years of community super- vision. She scheduled sentencing for February 26. • Darren Wayne Ford, 43, of 151 SE Skalapin Lane, Shelton, pied guilty to violation of commer- cial fishing area in the first degree. In his plea statement Ford admit- ted, "On April 18, 2006 1 harvested clams in a closed area with a value in excess of $250." According to court documents, Ford was harvesting clams on Oakland Bay near Eagle Point. The beach had been permanently closed by the Washington State Department of Health to harvest- ing due to its proximity to the outflow from the Shelton sewage treatment facility. Ford was ar- rested with a total of 468 pounds of clams valued at $1.50 per pound. Deputy Prosecutor Reinhold Schuetz said restitution was not an issue since "the clams that were harvested were destroyed." Because the offense is an un- ranked felony, the standard sen- tencing range is from zero to 12 months, Judge Sheldon explained, noting the state would recommend a sentence of 45 days with 15 days to be served in the Mason Coun- ty Jail and 30 days on electronic home monitoring. As a part of the plea agreement the state agreed not to file additional charges aris- ing from this incident, she added. Sheldon scheduled sentencing for March 5. • Steven Michael Duerst, 39, of 5308 81st Avenue SW, Olympia, pled guilty to burglary in the sec- ond degree. (Please turn to page 29.) Man arrested in child-rape case (Continued from page 27.) Place, Shelton, was identified in an investigation of rape of a child in the first degree. He was arrested just after mid- night by deputies who said they were responding to a report from Kristen V. Montane who said she had found her husband, Montano- Carreon, and her 5-year-old niece, identified in court documents by the initials "Y.L.," in bed together. She said her niece was nude from the waist down and her husband was naked with "a semi-erection." Ms. Montane said the child was crying and in a fetal position. She said the girl's underwear and pa- jamas were lying near her feet. She yelled at her husband, who reportedly walked out of the bed- room and passed out. When officers arrived she said he was probably passed out from drinking whiskey. When deputies contacted Montano-Carreon he did not wake up at first and allegedly failed to follow commands and had to be "tased." Judge Sawyer appointed Boothe as defense attorney and set bail at $75,000. He said if Montano- Carreon posts bail, he must pro- vide a different address. He or- dered Montano-Carreon to have no contact with his wife, the 5- year-old child or her mother. Montano-Carreon is scheduled for arraignment on February 5. We deliver EATING IL COMPARE OUR LOW PRICES! carry kerosene. I oc/ttdustr iSa; nd :lson Cc°n°€°' IT0000bE00'I61 427-8084 Page 28 - Shelton-Mason County Journal - Thursday, February 1, 2007 men and Dena Viney. "The next thing was a person at the door hollering for me to come out, say- ing over and over, 'My daughter doesn't lie.' I heard Dena Viney say, 'If we can't get them out we'll freeze them out.'" HE SAID Kleisath-Crowley called law enforcement and of- ricers arrived about five minutes after the incident. Brigman described the damage. He said four windows were broken out and six concrete blocks landed inside the trailer. "The front door was pretty well hammered. There was a gash on siding where it was kicked and several other gashes in the siding," Brigman said. He esti- mated the total damage at $2,000. Schuetz asked Brigman if he could identify Hawley as one of the people outside who "poked his face through the window at the right of the door." Brigman said: "He doesn't look like I remember him looking." Defense attorney Ronald Sergi asked Brigman about his not be- ing able to identify Hawley. "What I see in my mind is not him. I be- lieve he was wearing a hat and had glasses. I'll be honest; I was scared," Brigman said. "Dena was encouraging a guy with a short beard and curly brown hair. I'm not going to lie to you about some- thing I don't remember." DEPUTY JAMES WARD of the Mason County Sheriffs Office said he and three other deputies responded at 5:39 p.m. to a report of a disturbance in progress at 270 SE Arcadia Road. "The caller was reporting someone was trying to get into his house and possibily had a gun," he said. As the deputies "rallied up above" the residence, Ward said, he was approached by Kathy Ton- er. "She asked me if we were there about a report of a child almost being hit by a vehicle," he said. Ward said Brigman told the depu- ties that individuals came down hollering about hitting Hawley's daughter, threw bricks and blocks through the window and left. "The light bulb went off about what Kathy Toner was talking about, so I went upthe driveway to talk to her," Ward said, noting Toner is "the significant other" of Mr. Hawley's and they live to- gether. He said Dena Viney was outside of Toner's and Hawley's residence and Hawley was coming up the steps to the residence. He said two other people, whom he identified as Patrick Souza and Andrea Troy, were also there near the sidewalk and "meandered around the trail- er" while he questioned Hawley. "INITIALLY HE WAS kind of vague," Ward said, but noted Haw- ley admitted contacting Brigman "because his daughter told him Mr. Brigman almost hit her with his car. He indicated he threw a block through a window near the door." Ward said he also questioned the girls who said Brigman had tried to hit them with his car. He said Ashley Hawley, who is the daughter of Toner and Hawley, and her friend, Brianna Viney, ad- mitted they lied. Ward said when he contacted Hawley he was wearing a baseball cap and had his hair tied back in a pony tail. Hawley testified in his own defense, throw one block by the door of Brign but denying doing age. He said his daughter told him Brigman tried to and Brianna Viney with his sat her down and said, anything stupid I want to you're lying to me.' She Hawley said he went drove his red pickup truck to man's place. "I was door when I heard glass at the front of the trailer "I told him to come out to me about what's ha threw a block through a dew by the right-hand side door." HE SAID HE was not there were other people put the first block then heard the commotion. I a bunch of noise at the front € trailer. There was a guy gals and two of them ing blocks through the Hawley said. "I got out of there and down by the creek," he Then I went to my house contacted by the sheriff." he was not aware Souza hind him at his house and "never met him in my life." Schuetz asked Hawley was that Souza was at when he was there. "He must been at Ms. Viney's house," ley responded. "That's all ure." The deputy prosecutor asked him why he left the heard the sirens and I to get in trouble and that'S ran," Hawley admitted. Schuetz called to the witness stand and him the booking photo of and asked him if that was who was at his front door. I'm positive of," he said, man he saw had brown pulled back and a hat on. glasses on," he added. BRIGMAN SAID some crete blocks were at the being used for steps. He said t was another pile of blocks of the single-wide, about feet from the edge of the Kleisath-Crowley the state as a rebuttal She said she was in the making dinner when a red pickup truck came down the i "very quickly and skidded stop." She said the driver man with dark hair and and a baseball cap and man came out of the other the truck. Kleisath-Crowley said were yelling "about Ralph had done. Within I heard Dena's voice. It come from the other side trailer. I caught a glimpse and that's when things crashing. I went down the and found a cell phone 911." Members of the j for about 40 minutes before ing the guilty verdict. They Josephine Bales, Leona Amy Stewart, Dolores Catherine Erickson, Janice Jo Potts, Floyd Chidester, Upchurch, Karen Pentony, Mikesell and Joyce Kramer. Hinds was the alternate il 10-Yard Truck most sizes CRUSHED ROCK -- delivered into Shelton $165 Call for details for and pricing to just other areas. Plus tax. Price effective 9/1/05. Prices subject to change without notice. I CRUSHED ROCKs495 3" Minus F.O.B. Located on Highway 101 between Shelton and Olympia Year-round delivery Creek Quarry Call for (360) 426 Guilty verdict in blo(',b buSter case A Mason County Superior Court jury convicted a Shelton man of a felony crime after a one-day trial of allegations that he threw a ce- ment block through a neighbor's window. Steven Francis Hawley, 49, of 945 SE Valley Road, was found guilty of malicious mischief in the first degree in an incident which occurred on October 21 at 270 SE Arcadia Road, where Ralph L. Brigman Jr. was residing. Hawley had gone to Brigman's residence to confront him about attempt- ing to run over Hawley's daughter with his car. The girl later admit- ted she had lied about this. Haw- ley is scheduled for sentencing on February 12. The jury was seated on Janu- ary 23 and testimony began with Brigman, who said he was living with Linda L. Kleisath-Crowley in a single-wide mobile home. ASKED TO DESCRIBE how the incident began, Brigman said Dena Viney, the landowner's wife, "came down, yelling and scream- ing about me almost hitting one of her children out on the road and I couldn't figure out what she was talking about. My car never left the property." He said Viney "took a round- house kick and knocked the siding loose on a corner of the trailer." He said she left and a few minutes later her husband, Mark Viney, came by and asked what hap- pened. He said when he told him what Dena Viney had said, Mark Viney "laughed and said, 'She's crazy' and threw his hands up and left." He said about 15 minutes after Mark Viney left, he heard a car or truck pull up alongside the trailer and heard doors slam. "Someone knocked on the door and they were yelling for me to come out. Because I didn't know who it was, I was hesitant to open the door. They started kicking the door. Then all of a sudden a concrete block, not a brick, came sailing through a win- dow. They kept demanding I come out," Brigman said. Deputy Prosecutor Reinhold Schuetz asked him how he knew there was more than one person outside. Brigman said Kleisath- Crowley looked out and saw two Guilty pleas: Man with a handle on situation is convicted A 42-year-old man who admit- ted spanking his teenaged daugh- ter with an ax handle was among the defendants who changed their pleas recently in Mason County Superior Court. Dorsey Richard Moody of 2818 Alderbrook Court North, Puyallup, pied guilty on Monday, January 29, to assault in the third degree. He was convicted of do- mestic violence. Moody, who was residing at 131 NE Byerly Drive, Belfair, on November 12, wrote in his plea statement, "I caused injury to my daughter," who is identified in court records by the initials A.D. According to court documents, he spanked the 15-year-old girl with a handle from an ax after she returned to the family home after being gone for several days. Moody said they argued about her punish- ment when she returned home. He told her to go to her room and she said he should just spank her. With no prior felony criminal history the standhrd sentencing range is fl'om one to three months in the Mason County Jail followed by 12 months of community cus- tody, Judge James Sawyer ex- pl.ained. He said the state would recommend a 60-day sentence with 30 days of incarceration in the Mason County Jail and 30 days served on electronic home monitoring. Moody is scheduled for sentenc- ing on March 12. Three women in unrelated cases also changed their pleas on Janu- ary 29. • Debbie Marie Whitney, 40, of 1711 Adams Street; Shelton, pled guilty to possession ofmethamphet- amine. In her plea statement she admitted she had meth when she was arrested on October 26. With an offender score of one the sentencing range is from zero to six months with the state rec- ommending a three-month sen- tence, Judge Sawyer explained. He scheduled sentencing for Feb- ruary 26. • Nicole Marie Freemari, 21, of 4362 West Cloquallum Road, Shelton, entered guilty pleas to charges of theft in the second de- gree and forgery. Both felony of- fenses involve the Shelton Wal- Mart, with the theft on December 15 just before midnight and the forgery on December 16 around 2 a.m. In her plea statement she ad- mitted taking $1,098.68 in mer- chandise from the store without paying for it. In the forgery case, she admitted attempting to pay for an iPod at Wal-Mart with a check for $214.30 from Vincent B. Fulginiti, who reported the theft of checks on December 15. With an offender score of one, the standard sentencing range is from zero to 90 days for the theft conviction and from one to three months for the forgery conviction, Judge Sawyer explained. He re- leased Freeman on her promise to appear for sentencing on February 26. • Melissa Ann Johnson, 24, of 504 Grant Avenue, Shelton, pled guilty to possession of metham- phetamine. In her plea statement she admitted she had meth when she was arrested on December 21. With an offender score of one the sentencing range is from zero to six months, Judge Sawyer ex- plained. She has applied for ad- mission to drug court. If she is ac- cepted and successfully completes the requirements she will be al- lowed to withdraw her plea and the charge will be dismissed. If she is not admitted to drug court, Johnson is scheduled for sentenc- ing on March 5. On Friday, January 26: • Kenneth Ulary Woodall, 58, of 7560 West Shelton-Matlock Road, Shelton, pied guilty to felony violation of a no-contact order. He was convicted of domestic violence against Tracy Chapman in an inci- dent on November 30. In his plea statement, he wrote, "I"nis was the third time I had violated the no-contact order. She came onto the property and I should have removed myself from the situation." According to court documents, there is a Mason County District Court order which expires on February 18, 2008. With no prior flony convic- tions, the sentencing range is from six to 12 months with 12 months of community supervision, Judge Toni Sheldon explained. She said Woodall is also eligible for a First Offender Sentencing Option which provides for a sentence of from zero to 60 days of confinement followed by two years of community super- vision. She scheduled sentencing for February 26. • Darren Wayne Ford, 43, of 151 SE Skalapin Lane, Shelton, pied guilty to violation of commer- cial fishing area in the first degree. In his plea statement Ford admit- ted, "On April 18, 2006 1 harvested clams in a closed area with a value in excess of $250." According to court documents, Ford was harvesting clams on Oakland Bay near Eagle Point. The beach had been permanently closed by the Washington State Department of Health to harvest- ing due to its proximity to the outflow from the Shelton sewage treatment facility. Ford was ar- rested with a total of 468 pounds of clams valued at $1.50 per pound. Deputy Prosecutor Reinhold Schuetz said restitution was not an issue since "the clams that were harvested were destroyed." Because the offense is an un- ranked felony, the standard sen- tencing range is from zero to 12 months, Judge Sheldon explained, noting the state would recommend a sentence of 45 days with 15 days to be served in the Mason Coun- ty Jail and 30 days on electronic home monitoring. As a part of the plea agreement the state agreed not to file additional charges aris- ing from this incident, she added. Sheldon scheduled sentencing for March 5. • Steven Michael Duerst, 39, of 5308 81st Avenue SW, Olympia, pled guilty to burglary in the sec- ond degree. (Please turn to page 29.) Man arrested in child-rape case (Continued from page 27.) Place, Shelton, was identified in an investigation of rape of a child in the first degree. He was arrested just after mid- night by deputies who said they were responding to a report from Kristen V. Montane who said she had found her husband, Montano- Carreon, and her 5-year-old niece, identified in court documents by the initials "Y.L.," in bed together. She said her niece was nude from the waist down and her husband was naked with "a semi-erection." Ms. Montane said the child was crying and in a fetal position. She said the girl's underwear and pa- jamas were lying near her feet. She yelled at her husband, who reportedly walked out of the bed- room and passed out. When officers arrived she said he was probably passed out from drinking whiskey. When deputies contacted Montano-Carreon he did not wake up at first and allegedly failed to follow commands and had to be "tased." Judge Sawyer appointed Boothe as defense attorney and set bail at $75,000. He said if Montano- Carreon posts bail, he must pro- vide a different address. He or- dered Montano-Carreon to have no contact with his wife, the 5- year-old child or her mother. Montano-Carreon is scheduled for arraignment on February 5. We deliver EATING IL COMPARE OUR LOW PRICES! carry kerosene. I oc/ttdustr iSa; nd :lson Cc°n°€°' IT0000bE00'I61 427-8084 Page 28 - Shelton-Mason County Journal - Thursday, February 1, 2007 men and Dena Viney. "The next thing was a person at the door hollering for me to come out, say- ing over and over, 'My daughter doesn't lie.' I heard Dena Viney say, 'If we can't get them out we'll freeze them out.'" HE SAID Kleisath-Crowley called law enforcement and of- ricers arrived about five minutes after the incident. Brigman described the damage. He said four windows were broken out and six concrete blocks landed inside the trailer. "The front door was pretty well hammered. There was a gash on siding where it was kicked and several other gashes in the siding," Brigman said. He esti- mated the total damage at $2,000. Schuetz asked Brigman if he could identify Hawley as one of the people outside who "poked his face through the window at the right of the door." Brigman said: "He doesn't look like I remember him looking." Defense attorney Ronald Sergi asked Brigman about his not be- ing able to identify Hawley. "What I see in my mind is not him. I be- lieve he was wearing a hat and had glasses. I'll be honest; I was scared," Brigman said. "Dena was encouraging a guy with a short beard and curly brown hair. I'm not going to lie to you about some- thing I don't remember." DEPUTY JAMES WARD of the Mason County Sheriffs Office said he and three other deputies responded at 5:39 p.m. to a report of a disturbance in progress at 270 SE Arcadia Road. "The caller was reporting someone was trying to get into his house and possibily had a gun," he said. As the deputies "rallied up above" the residence, Ward said, he was approached by Kathy Ton- er. "She asked me if we were there about a report of a child almost being hit by a vehicle," he said. Ward said Brigman told the depu- ties that individuals came down hollering about hitting Hawley's daughter, threw bricks and blocks through the window and left. "The light bulb went off about what Kathy Toner was talking about, so I went upthe driveway to talk to her," Ward said, noting Toner is "the significant other" of Mr. Hawley's and they live to- gether. He said Dena Viney was outside of Toner's and Hawley's residence and Hawley was coming up the steps to the residence. He said two other people, whom he identified as Patrick Souza and Andrea Troy, were also there near the sidewalk and "meandered around the trail- er" while he questioned Hawley. "INITIALLY HE WAS kind of vague," Ward said, but noted Haw- ley admitted contacting Brigman "because his daughter told him Mr. Brigman almost hit her with his car. He indicated he threw a block through a window near the door." Ward said he also questioned the girls who said Brigman had tried to hit them with his car. He said Ashley Hawley, who is the daughter of Toner and Hawley, and her friend, Brianna Viney, ad- mitted they lied. Ward said when he contacted Hawley he was wearing a baseball cap and had his hair tied back in a pony tail. Hawley testified in his own defense, throw one block by the door of Brign but denying doing age. He said his daughter told him Brigman tried to and Brianna Viney with his sat her down and said, anything stupid I want to you're lying to me.' She Hawley said he went drove his red pickup truck to man's place. "I was door when I heard glass at the front of the trailer "I told him to come out to me about what's ha threw a block through a dew by the right-hand side door." HE SAID HE was not there were other people put the first block then heard the commotion. I a bunch of noise at the front € trailer. There was a guy gals and two of them ing blocks through the Hawley said. "I got out of there and down by the creek," he Then I went to my house contacted by the sheriff." he was not aware Souza hind him at his house and "never met him in my life." Schuetz asked Hawley was that Souza was at when he was there. "He must been at Ms. Viney's house," ley responded. "That's all ure." The deputy prosecutor asked him why he left the heard the sirens and I to get in trouble and that'S ran," Hawley admitted. Schuetz called to the witness stand and him the booking photo of and asked him if that was who was at his front door. I'm positive of," he said, man he saw had brown pulled back and a hat on. glasses on," he added. BRIGMAN SAID some crete blocks were at the being used for steps. He said t was another pile of blocks of the single-wide, about feet from the edge of the Kleisath-Crowley the state as a rebuttal She said she was in the making dinner when a red pickup truck came down the i "very quickly and skidded stop." She said the driver man with dark hair and and a baseball cap and man came out of the other the truck. Kleisath-Crowley said were yelling "about Ralph had done. Within I heard Dena's voice. It come from the other side trailer. I caught a glimpse and that's when things crashing. I went down the and found a cell phone 911." Members of the j for about 40 minutes before ing the guilty verdict. They Josephine Bales, Leona Amy Stewart, Dolores Catherine Erickson, Janice Jo Potts, Floyd Chidester, Upchurch, Karen Pentony, Mikesell and Joyce Kramer. Hinds was the alternate il 10-Yard Truck most sizes CRUSHED ROCK -- delivered into Shelton $165 Call for details for and pricing to just other areas. Plus tax. Price effective 9/1/05. Prices subject to change without notice. I CRUSHED ROCKs495 3" Minus F.O.B. Located on Highway 101 between Shelton and Olympia Year-round delivery Creek Quarry Call for (360) 426