April 5, 1973 Shelton Mason County Journal | ![]() |
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Ihatinued from page five.)
the hit and run near
and that he had
in his patrol car,
Dusen was talking
PeoPle, one of whom he
was Mick Westlund.
he asked Westlund
Jerry Clary and that
no identification
and stated it was at his
stated Westlund went
home and got
which he
S.
Stated the officers
Clary was at the
got a response of
¢ Clary?"
the two officers
to where the Clary
and were followed
Clary and Monte
Mrs. Clary was
tried to explain
was going on and to
He stated Fuller
Lo give the officers
that a number of
from the Westlund
of whom indicated
no right to take
e. He stated Fuller was
and that Clary did
stated Clary was
and was also arrested.
ted that after the car
he and Schoening
should be done
had been receiving
other persons in
what the officers
to do about the
they decided to go
and ask him to
'goers off the road so
move and to get the
from the party.
said Westlund met
driveway and they
get the party back
property and to get
out.
Westlund told the
did not have a
d to get off his
said Westlund
on a charge of
.to the delinquency
:er being asked if it
and getting an
answer. Hauge said
l~rrest he had observed
e knew to be 16 years
from a can of beer
another he knew to
aid after Westlund was
arrest he stated he
and the officers
Started across the
a Patrol car.
);said Westlund was
acefully until
Shouted "Hey,
at the drugs."
at that time
~ away and was
I a handcuff was
Wrist. He stated in
of them went to
said he believes
from behind.
that after they
ground all of a
no one there
iwas holding onto
which was on
and that as they
et, he observed
:kwards away
said he
back was to
He said he
surrounded by
pie who were
on. He said
!
!
I
ury
Westlund started to swing a
couple of times and about that
time Deputy Leon Smith got to
where they were. He stated
Westlund backhanded Smith and
knocked Smith's glasses off. He
stated Westlund then swung and
hit him (Hauge) twice. He stated
when Westtund hit him the third
time he hit back and the two
exchanged blows until they were
both tired. Hauge stated Westlund
spit in his face during the time
they were punching each other.
Under cross-examination
Hauge stated the officers had
encountered profanity and the
crowd was hostile. He stated both
he and Schoening had tried to
talk to Westlund and that there
was no problem with Westlund's
arrest until drugs were mentioned.
He stated he was wearing sap
gloves which he had had about
two years and which he wore
frequently. He stated during the
time he has had the gloves he has
worn them many times but that
Westlund was the only person
whom he has hit with them.
Hauge stated if Westlund
would have gotten the crowd off
the road and gotten the teenagers
away from the party the officers
would have left as this was their
intention.
In his opening statement,
Olympia attorney Ed Shaw, who
represents Adams, stated the
defense testimony would show
the party was quiet until the
officers arrived. There was a keg
of beer, some of the party goers
were swimming and a salmon
bake was planned.
He stated the testimony
would show that after talking to
Westlund, they grabbed him and
roughed him up. The testimony
would also show, he said, that
Adams was nowhere near the
Clary car incident and that during
his struggle with the officers he
had been clubbed into
unconsciousness.
Shaw stated the testimony
would show that the officers used
excessive force and were out of
control.
The first witness for the
defense was Dennis Townsend, a
former Shelton resident now
living in Wyoming. He stated he
was in Mason County September
2, 1972 and had gone to
Westlund's residence with a
friend, Gordon Steehier.
Townsend stated they had
arrived about noon and that at
that time there were a number of
people there standing around and
talking.
He stated he had gone with
Westlund to the Sunset Beach
Store later in the afternot:n to
buy a bottle of wine since there
was no liquor at the party.
He stated while there two
officers had come up and talked
to them, asking Westlund if he
was Jerry Clary. He stated
Westlund told the officers he had
no identification with him and
agreed to go to his home down
the road to get it. Townsend said
he was also asked for
identification and showed the
officers.
Townsend stated he and
Westlund returned to Westlund's
house where Westlund got his
identification and showed it to
the officers who came to the
driveway.
Townsend stated the officers
told the group there they were
looking for Jerry Clary and that if
he was not produced in 10
minutes they would break up the
party
He stated there were about 50
people there at that time. He also
stated the only picnic table was
over by the fire about 100 feet
from the driveway and that he did
not recall if there was anything on
it.
He stated he knew Jerry Clary
but had not seen him at the party.
Townsend said the officers
left and later returned and that he
walked over toward where they
were talking to Westlund. He
stated he heard Westlund tell the
officers they were on private
property and that if they did not
have a warrant to leave. He stated
the officers grabbed Westlund and
told him he was under arrest for
contributing to the delinquency
of minors and started to push him
out toward the road.
Townsend stated Westlund
said he would go but the officer
continued to push and shove him
and it looked like they were
trying to handcuff him.
He stated he did not see any
commotion by the table and did
not hear the officers say anything
about drugs.
He stated he observed
Westlund with the officers in a
slugging match in the middle of
the road and that he observed
Schoening on the ground with
Adams on top of him and the two
were struggling.
He stated one of the troopers
came along and rapped Adams on
the back of the head with a sap
and knocked him out and kicked
him off Schoening. He stated he
then saw the same officer go
toward a fellow in the ditch and
hit him with a sap.
He stated Westlund was
handcuffed to a deputy and the
deputy kept jerking him
(Westlund) forward and at the
same time hitting him. and that
Westlund was hitting the officer
back. The two, he said, were
surrounded by four or five
officers who kept anyone from
getting close or interfering.
Under cross-examination by
Prosecuting Attorney Byron
McClanahan, Townsend said
Westlund had had quite a bit to
drink. He said the party goers
were hollering at the officers and
some of the language might have
been abusive and that he did hear
the officers called pigs. He
estimated there were about 15
officers there.
Townsend denied being at the
Viger place across the road from
Westlund's.
Next to testify was Mrs. Neva
MEMBERS OF THE SOROPTOMISTS CLUB are making preparations for
the annual Cancer Society drive in the business community. The club
handles the business section of the drive. Here, left to right, Joyce Jaros,
Jane Brown, chairman, and Helen Stodden, co-chairman, look over some of
the letters which are being mailed. The business section of the fund drive has
started.
Witherspoon, Van Nuys,
California, who stated she was
visiting her sister, Mrs. Gladys
Flakus, who has a home adjoining
the Westlund home.
She stated there were about
50 to 60 young people at the
Westlund residence and that they
were talking, laughing and
drinking beer. She stated she saw
two officers come up and talk to
the young people. At the time,
she said, there was a young Indian
boy named Adams sitting on the
~rass talkin~ to her and Mr. and
Mrs. Flakus.
She said the officers left and
about 10 or 12 officers came back
strung out along the road. She
said she observed them making
some arrests in front of the
Flakus property.
She stated she later saw
Westlund over by a car with
several officers beating on him.
Three or four officers were hitting
him with sticks, she said.
Under cross-examination by
McClanahan, she said when they
were talking to the young people
a keg of beer which the young
people had had was empty and a
girl named Wendy was taking up a
collection to buy another one.
Several witnesses who had
been at the party testified for the
defense.
The witnesses included
Gordon Steehler, Susan
Hembroff, Curt Cheney, Ty
Haney, Brock Sutherland and Ray
Barrington.
All also testified the officers
were unduly rough and struck
Westlund when he was arrested.
Three young men, Allan
Miller, Larry Bell and James
Dailey testified about an incident
which occurred after the fights
were over and the defendants had
been taken away.
They said Miller was taking
pictures of people around and of
the patrol cars and that officers
took his camera away from him,
opened it and exposed the film.
Judge Doran ruled their
testimony was inadmissable since
the incident had happened after
the occurrances which led to the
charges and were not relevant.
They all stated the officers
had told the group at the party
they had 10 or 15 minutes to
produce Jerry Clary or the party
would be broken up.
They all denied hearing
Schoening shout, "Hey, Peregrin,
look at the drugs."
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questions are
Irate mobile-home owners
have been contacting legislators
about a possible double tax on
their mobile homes, according to
Representative Paul H. Conner,
Democrat, Sequim
"The tax paid in 1972 by
mobile-home owners was an
excise tax. In January 1, 1973 the
law was changed so that taxes
to be paid from then on would be
personal property taxes, which
replace the excise tax.
"Further complicating the
issue," Conner explained, "is the
matter of just when the 1973 tax
was assessed. It is my
understanding that the value of a
mobile home as of January 1,
1972 accounts for the actual tax
charged in 1973, for 1973. The
value of a mobile home this year
will be the basis used to calculate
the personal property tax for
1974, payable in 1974.
"As if that weren't
complicated enough," Conner
said, "the legislature just passed
into law a measure which will
provide for a refund of the $9.40
i.d. tag tax paid by many
mobile-home owners this year.
That tax refund can be picked up
after June 7, 1973."
Assigned as
Staff Sergeant Richard R.
Peters, son of Mrs. Verna L.
Peters of 715 Jefferson Street,
NE, Minneapolis, has completed
the special U.S. Air Force
recruiter course at Lackiand Air
Force Base, Texas.
Sergeant Peters will be an
official Air Force recruiter at
Minneapofis.
Sergeant Peters attended
Mankato, Minnesota High School
and Completed requirements for
his diploma after entering the Air
Force. tie has completed a tour of
duty in Vietnam.
His wife, Georgia, is the
daughter of Mrs. Betty Kalat of
Sequim, Mrs. Peters' father,
George J. Kalat, resides in
Shelton.
Sergeant Peters' father is
Raymond O. Peters, Greeley,
Colorado.
Come to see our Mr. Roy Pearson,
consultant for
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Thursday, April 5, 1973 - Shelton-Mason County Journal - Page 9