April 5, 2007 Shelton Mason County Journal | ![]() |
©
Shelton Mason County Journal. All rights reserved. Upgrade to access Premium Tools
PAGE 32 (32 of 44 available) PREVIOUS NEXT Jumbo Image Save To Scrapbook Set Notifiers PDF JPG
April 5, 2007 |
|
Website Β© 2025. All content copyrighted. Copyright Information Terms Of Use | Privacy Policy | Request Content Removal | About / FAQ | Get Acrobat Reader ![]() |
e
Man guilty of imprisoning girlfri
A Shelton man who terrorized
his girlfriend as she drove county
roads until she bailed out of the
truck into a snowy woods last win-
ter was found guilty of three felo-
nies by a Mason County Superior
Court jury last Wednesday.
Jurors found Juan Jacob Rivera,
27, of 40 North Agency Road, Shel-
ton, guilty of unlawful imprison-
ment, reckless endangerment and
fourth-degree assault. He was also
convicted of domestic violence as a
component of the crimes.
Deputy Prosecutor Reinhold
Schuetz told jurors that Samantha
Kenyon was the mother of Rivera's
year-old daughter and that early
in the evening of January 16 this
year, she agreed to give the man a
ride to town after he showed up at
her home on the Skokomish Reser-
vation.
During the ride, the deputy
prosecutor said, Rivera tried to
get Kenyon to admit that she had
been cheating on him, and the ac-
cusations escalated to threats. He
would not let her leave the vehicle,
directed her to turn several times,
and eventually hit her as she drove
along the wooded McEwan Prairie
Road until she stopped the truck
and fled into the woods.
DEFENSE ATTORNEY Ron-
aid Sergi told jurors they must
keep an open mind and preserve
the presumption of innocence until
they had heard evidence presented
in defense of Rivera.
The state's first witness, King
County resident Raffi Seropian,
told jurors he was in Shelton with
his fiancde, Shelley Hall, to visit
her mother who had had surgery
at Mason General Hospital. They
were driving on McEwan Prairie
Road with the window open be-
cause he was smoking, he said,
when a young woman jumped out
of the woods on the far side of the
road, crying "Help me! He's trying
to kill me!"
It had snowed and the road was
slushy, Seropian said, so it took
him a moment to stop, and when
he got out of the car and called to
her the girl had run back into the
woods.
He was waving cars past and
calling to the girl to come out so
they could help her when a pickup
truck approached. "I thought, 'This
guy's not going by,' " he said. "He
pinned me against the car, rolled
down the window and yelled," he
said, indicating Rivera as the driv-
er and quoting profanity the de-
fendant used in inquiring as to the
woman's whereabouts.
HE TESTIFIED that Hall was
trying to call 911 but was not get-
ting a phone signal, and Rivera
told him, "Go ahead and call the
cops" as he spun back to go into
the woods. "He said, 'She's high as
a kite,' "he added.
Seropian said they were leaving
the scene when they realized the
truck was coming up behind them.
"He sped up and tried to run me
offthe road," he said. He said they
stopped and Rivera yelled, "I'll kill
both of you." By then, he said, Hall
had managed to make contact with
911 dispatchers. The next day,
they made a report to the Mason
County Sheriffs Office.
Hall described hearing "the most
earth-shattering scream" coming
Rivera enters plea
to another crime
involving Kenyons
Two days after a Mason Coun-
ty Superior Court jury found him
guilty of three domestic-violence
felonies, Jacob Juan Rivera of
Shelton pled guilty to a charge of
malicious mischief in tle' second
degree.
Rivera, 27, of 40 North Agency
Road, Shelton, admitted to the of-
fense outlined in an officers' report
filed at the time of his arrest. That
report said Rivera broke a window
in the residence of Roy and Kath-
ryn Kenyon on December 25. The
Kenyons are the parents of Rive-
ra's girlfriend, Samantha Kenyon.
According to court documents,
Rivera and Samantha Kenyon had
an argument and she went home
to her parents at 71 North Enatai
Court. He reportedly came there
to talk to her and when her par-
ents did not allow him to see her,
he reportedly became angry, yell-
ing and cursing. Then, the elder
Kenyons said, they heard a loud
noise and a front window was bro-
ken out in the living room.
Judge Toni Sheldon accepted
Rivera's plea statement. Deputy
Prosecutor Mike Dorcy said the
state would ask for a sentence to
run consecutively with that for the
offenses in the case that went to
trial.
The court informed Rivera that
his offender score, currently at six,
could be higher depending upon
the timing of his sentencing, since
he was convicted of three counts at
trial and one more felony charge
remains to be resolved in the near
future.
Dorcy asked for a separate sen-
tencing April 16, but Sheldon said
she saw no reason for Rivera's be-
ing transported twice to the court-
house for sentencing. He is being
held at the Washington Correc-
tions Center.
from the woods before they caught
sight of Kenyon. She disappeared
again after they stopped, Hall said,
and almost immediately Rivera
came up in the truck. She said she
feared that Seropian's legs would
be crushed when the truck closed
in on them.
The driver of the truck, she said,
"was yelling, asking us if we had
the woman in the car. But those
weren't the terms he was using,"
she said. "He was using the f-word
and the b-word, accusing us of
hiding her. I have never been so
frightened in my life," she said.
She described reaching 911 and
telling dispatchers where they had
seen Kenyon, and how the truck
had pulled alongside them and at-
tempted to run them off the road
after they left where Kenyon was.
DEPUTY WILLIAM P. Reed
told jurors he responded to a call
made at 6:25 p.m. about a distur-
bance on McEwan Prairie Road,
and arrived about five minutes lat-
er to find the pickup parked on the
eastbound shoulder of the road.
"As soon as I put the spotlight on
the vehicle, the occupant extended
both hands out the driver-side win-
dow," he said.
He told jurors that Rivera was
cooperative and told him he'd been
trying to call the sheriffs office,
and that his girlfriend had run off
into the woods. He put Rivera in
handcuffs "for safety reasons," he
said. Reed said he asked Rivera if
he had any weapons on his person
and was told Rivera had put the
contents of his pockets into the con-
sole of the truck. There, he said, he
found a folding lockblade knife.
Reed said he took Rivera to the
Mason County Jail for booking, re-
turning to the scene after Deputy
Jim Sisson contacted dispatch to
say a woman had come out of the
woods near the railroad tracks. He
said Kenyon, wet and cold after be-
ing in the woods for an hour and
a half, had red marks on her face
and neck.
Marks on the right side of her
face were consistent with being
went toward McEwan Prairie, she
said, he kept telling her to pull over,
then to go on. As she denied cheat-
ing on him, she said, he said, "I just
feel like hitting you right now." He
counted to three and hit her, but
she was able to deflect most of the
blow with her arm, she said. She
added that she was pretty sure he
had a knife.
"He said he knew who I was
with, and he was going to go kill
him, and then kill us as well. He
asked me, 'Are you scared?' " she
said.
Finally she managed to stop the
truck and took off running into the
woods, she said. She told jurors
that a car stopped, but before she
could get to it Rivera pulled up and
got out of the truck. After the other
car left, she said, he came into the
woods and she took off. She told
jurors she later saw a patrol car's
searchlight but couldn't reach it,
and finally saw Sisson's patrol car.
Asked about the marks on her face
and neck, she wept as she said they
were made by Rivera's assault.
RECALLED TO the stand by
the prosecutor, Deputy Reed iden-
tified the knife he had taken from
the truck. Then, called as the de-
tnse's first witness by Sergi, he
was asked if the bottom of Rivera's
pants and shoes were wet when he
was first contacted. Reed Said he
hadn't noticed.
Rivera took the witness stand
in his own defense and said in re-
sponse to Sergi's questions that
he had asked Kenyon to take him
back to the place at Timberlakes
where he was living at the time.
He referred to her home on the res-
ervation as "our house" but said he
wanted to get off the reservation
that evening. He was in the pas-
senger seat the entire time, he said,
and conceded that they argued but
said it was mainly about his con-
cerns that she was using drugs.
He admitted that the issue of her
seeing someone else "was brought
up" as they drove, but said he did
not pull her hair or put his hands
around her hair to intimidate her.
hit by a fist or hand, while those
on her neck appeared to be finger
marks as if someone had grabbed
her by the neck, he said. He iden-
tified photographs of Kenyon, the
truck, and the marks on her face
and neck.
SAMANTHA KENYON told
the court Rivera was initially in
the back seat of the extended-cab
truck, but after he began asking
her if she was lying and accusing
her of cheating on him, he got into
the front seat. Once in town, he
said he wanted to go to the place
where he had been living, she said,
and she told him she needed to get
gas. They headed for Bayshore, but
he told her not to go there because
she might "get out and do some-
thing stupid," and he ordered her
to keep driving.
She felt at that point that she
had no choice, she said. As they
He said at one point they were go-
ing to call the place where he was
living from Bayshore, but he said
he decided not to. He wasn't wor-
ried about Kenyon getting out of
the truck and calling police, he
said, and added that he didn't re-
call any other times he had told
her to pull over. He denied hitting
her.
When she stopped the truck
and ran, he said, he was only wor-
ried about her welfare. He said he
contacted Seropian and Hall in
their vehicle because he "wanted
to know if Sam was okay." He said
they had come to an understand-
ing that they would all go seek po-
lice help, but that he had decided
Samantha's welfare was more im-
portant and had returned to where
she had disappeared. He said he
never threatened to kill Saman-
tha and didn't chase her into the
woods.
CROSS.EXAMINED by
uty Prosecutor Schuetz, he
Kenyon ran into the woods
cause the two of them
an argument. "That's all? An
ment?" Schuetz countered.
leaves her mother's truck on
road and runs screaming into
woods because you had an
ment?"
"It happened," Rivera said.
Schuetz pressed the issue
where Rivera was sittin
"Isn't it true that, in fact, i
of the belief you weren't
to be on the rez and didn't want
lice to see you?"
That wasn't the case,
maintained. "There wasn't no
clusions put on me, and no
tact. Why would I be in the
seat?" he said. Asked about
sault, Rivera indicated he put
hands up in self-defense. "Are
now saying Samantha
you?" Schuetz asked.
"I'm not used to
down to me," Rivera said.
assaulting you?" Rivera
"Could be."
"ARE YOU DENYING
assaulted Samantha?"
asked.
"I'm not denying anything.
here testifying, ain't I?" Rivera l
swered.
The prosecutor asked the
fendant if he was denying
prevented Kenyon from
denying that he controlled
denying anything was
her from getting out of the
Kenyon responded:
"Exactly."
"Did you accuse her
on you?" Schuetz asked and
said:"I wouldn't call it
asked." Asked if he denied
in Kenyon's face or
Rivera said: "It didn't happen."
Recalled to the stand,
said Rivera had gotten into
back seat because there were
al punishment papers in
that he thought had already
effect.
IN MAKING his closing
ments, Schuetz suggested to
jury that Rivera's
not credible. In his
lense attorney Sergi
questioning Kenyon's
and suggesting that Hall and
plan were shocked and
and did not recall the events
evening clearly. He also said
mony indicated Rivera only
to strike orlap Kenyon, but
actually hit her, since
the blow.
Judge Sawyer set Rivera's
tencing for April 9.
Jurors in the case were
Warren, Marie Swanson, John
Martin, Brian Nichols,
Bernard, Lanette
Donald Hartz, Frank Simon,
vid Brown, Inez
McCullough and
Gerald Lott was alternate
Not-guilty pleas:
Theler burglary: Two :eens charged
2wo youths charged with bur- case was set on the 60-day calen- 5171 Highway 3, Shelton, entered hearings and trial on a 90-day cal- Both cases were set on a
glary in a break-in at the Theler
Center in Belfair were arraigned
before Judge Toni Sheldon in Ma-"
son County Superior Court Mon-
day.
Scott Adam Waterbury, 17, of
120 Byerly Drive, Belfair, was ar-
raigned on charges that included
second-degree burglary, theft in
the first degree, trafficking in sto-
len property in the first degree, and
intimidating a witness, all stem-
ming from a December 14 break-in
at the community center.
Earlier, charges pending
against Waterbury had been re-
manded from juvenile court, Attor-
ney Andrew Rubenstein entered
not-guilty charges on Waterbury's
behalf. He is accused of taking and
trying to sell a golf cart and a leaf
blower, and of seeking to prevent
witness Brian Pollard from giv-
ing information in the case. His
dar since he remains in custody on
$100,000 bail.
Michael T. Waye, 18, of 190
Byerly Drive, Belfair, a codefen-
dant with Waterbury, pled not
guilty to a charge of second-degree
burglary through attorney Charles
Lane. Way, was released on per-
sonal recognizance. His case was
set on a 90-day calendar with trial
in July.
IN OTHER arraignment pro-
ceedings before Judge Sheldon and
Court Commissioner Richard Ad-
amson on Monday:
Rebecca Marie Bilbao, also
known as Rebecca Byers, entered
a not-guilty plea through attorney
Ron Sergi to charges of theft in the
second degree and identity theft.
Her next court date is a May 14
omnibus hearing, and her case is
due for trial in late July.
Michael Lamont, 42, of East
a not-guilty plea through attorney
Ron Sergi to a charge of unlaw-
ful possession of a firearm in the
second degree. He is alleged to
have been in possession of a fire-
arm forbidden to him because of a
felony on his record. Judge Shel-
don ordered him to remain free on
personal recognizance but ordered
him to go through administrative
booking at the jail.
Kenneth Sean McMillian,
26, of 1511 Olympic Highway
South, Shelton, entered not guilty
pleas to charges of possession of a
controlled substance, methamphet-
amine, and physical control of a ve-
hicle while under the influence. At-
torney Andrew Rubenstein asked
that the matter of a urinalysis re-
port that McMillian had drugs in
his system be addressed in a hear-
ing on conditions of release set for
April 9. Judge Sheldon set future
endar with trial in late June.
Santos Jose Lofgren, 24, of
1040 SE Bloomfield Road, Shel-
ton, entered a not-guilty plea to
a charge of possession of a con-
trolled substance, a charge filed
after a state trooper stopped him
for a wheel irregularity and noted
a weapon, nunchukas, in the con-
sole of the vehicle. On searching
the vehicle, he reported, he found
a container with a white substance
that field-tested positive for meth-
amphetamine.
* Joshua Cayo, 20, of NE 90
Pine Tree Lane, Tahuya, and
Joshua Leo Gallinari, 20, of 760
NE Snowcap Drive, Tahuya, en-
tered not guilty pleas to charges of
possession of methamphetamine.
Attorney Andrew Rubenstein
stood in for their attorneys in the
arraignments before Court Com-
missioner Adamson.
calendar with omnibus
May 14, pretrial June 4 and
in the period beginning June
The two were charged after
were stopped for a routine
offense and the arresting
found a green leafy
a bag in Cayo's pocket and
powder that field-tested
for methamphetamine in a bag
tween the seats in the vehicle.
Elmer Harlen Chase,
entered a not-guilty plea
charge of criminal "
in the first degree and
Rubenstein stood in for
Charles Lane at the
He is accused of using
tion belonging to his
law, Leon C. Norris, to
arrested on a Washington
Department of Corrections
rant. Chase's case is also set
the 90-day calendar.
* Compaq .lip
.Blackberry
.Handspring
*Casio ,Dell
Palm & MORE
BattedesP00s.
Call today for a
FREE ESTIMATE
on a new Tranc system!
r O__lyapic Heating & Cooling, LLC
Sales * Service Installations
It'sHard To StopA Tmne: Repairs Heating * Air
Conditioning Refrigeration
426-9945 754-1235 1-800-400-9945
OLYM PI{C968BA
Page 32 - Shelton-Mason County Journal - Thursday, April 5, 2007
L
e
Man guilty of imprisoning girlfri
A Shelton man who terrorized
his girlfriend as she drove county
roads until she bailed out of the
truck into a snowy woods last win-
ter was found guilty of three felo-
nies by a Mason County Superior
Court jury last Wednesday.
Jurors found Juan Jacob Rivera,
27, of 40 North Agency Road, Shel-
ton, guilty of unlawful imprison-
ment, reckless endangerment and
fourth-degree assault. He was also
convicted of domestic violence as a
component of the crimes.
Deputy Prosecutor Reinhold
Schuetz told jurors that Samantha
Kenyon was the mother of Rivera's
year-old daughter and that early
in the evening of January 16 this
year, she agreed to give the man a
ride to town after he showed up at
her home on the Skokomish Reser-
vation.
During the ride, the deputy
prosecutor said, Rivera tried to
get Kenyon to admit that she had
been cheating on him, and the ac-
cusations escalated to threats. He
would not let her leave the vehicle,
directed her to turn several times,
and eventually hit her as she drove
along the wooded McEwan Prairie
Road until she stopped the truck
and fled into the woods.
DEFENSE ATTORNEY Ron-
aid Sergi told jurors they must
keep an open mind and preserve
the presumption of innocence until
they had heard evidence presented
in defense of Rivera.
The state's first witness, King
County resident Raffi Seropian,
told jurors he was in Shelton with
his fiancde, Shelley Hall, to visit
her mother who had had surgery
at Mason General Hospital. They
were driving on McEwan Prairie
Road with the window open be-
cause he was smoking, he said,
when a young woman jumped out
of the woods on the far side of the
road, crying "Help me! He's trying
to kill me!"
It had snowed and the road was
slushy, Seropian said, so it took
him a moment to stop, and when
he got out of the car and called to
her the girl had run back into the
woods.
He was waving cars past and
calling to the girl to come out so
they could help her when a pickup
truck approached. "I thought, 'This
guy's not going by,' " he said. "He
pinned me against the car, rolled
down the window and yelled," he
said, indicating Rivera as the driv-
er and quoting profanity the de-
fendant used in inquiring as to the
woman's whereabouts.
HE TESTIFIED that Hall was
trying to call 911 but was not get-
ting a phone signal, and Rivera
told him, "Go ahead and call the
cops" as he spun back to go into
the woods. "He said, 'She's high as
a kite,' "he added.
Seropian said they were leaving
the scene when they realized the
truck was coming up behind them.
"He sped up and tried to run me
offthe road," he said. He said they
stopped and Rivera yelled, "I'll kill
both of you." By then, he said, Hall
had managed to make contact with
911 dispatchers. The next day,
they made a report to the Mason
County Sheriffs Office.
Hall described hearing "the most
earth-shattering scream" coming
Rivera enters plea
to another crime
involving Kenyons
Two days after a Mason Coun-
ty Superior Court jury found him
guilty of three domestic-violence
felonies, Jacob Juan Rivera of
Shelton pled guilty to a charge of
malicious mischief in tle' second
degree.
Rivera, 27, of 40 North Agency
Road, Shelton, admitted to the of-
fense outlined in an officers' report
filed at the time of his arrest. That
report said Rivera broke a window
in the residence of Roy and Kath-
ryn Kenyon on December 25. The
Kenyons are the parents of Rive-
ra's girlfriend, Samantha Kenyon.
According to court documents,
Rivera and Samantha Kenyon had
an argument and she went home
to her parents at 71 North Enatai
Court. He reportedly came there
to talk to her and when her par-
ents did not allow him to see her,
he reportedly became angry, yell-
ing and cursing. Then, the elder
Kenyons said, they heard a loud
noise and a front window was bro-
ken out in the living room.
Judge Toni Sheldon accepted
Rivera's plea statement. Deputy
Prosecutor Mike Dorcy said the
state would ask for a sentence to
run consecutively with that for the
offenses in the case that went to
trial.
The court informed Rivera that
his offender score, currently at six,
could be higher depending upon
the timing of his sentencing, since
he was convicted of three counts at
trial and one more felony charge
remains to be resolved in the near
future.
Dorcy asked for a separate sen-
tencing April 16, but Sheldon said
she saw no reason for Rivera's be-
ing transported twice to the court-
house for sentencing. He is being
held at the Washington Correc-
tions Center.
from the woods before they caught
sight of Kenyon. She disappeared
again after they stopped, Hall said,
and almost immediately Rivera
came up in the truck. She said she
feared that Seropian's legs would
be crushed when the truck closed
in on them.
The driver of the truck, she said,
"was yelling, asking us if we had
the woman in the car. But those
weren't the terms he was using,"
she said. "He was using the f-word
and the b-word, accusing us of
hiding her. I have never been so
frightened in my life," she said.
She described reaching 911 and
telling dispatchers where they had
seen Kenyon, and how the truck
had pulled alongside them and at-
tempted to run them off the road
after they left where Kenyon was.
DEPUTY WILLIAM P. Reed
told jurors he responded to a call
made at 6:25 p.m. about a distur-
bance on McEwan Prairie Road,
and arrived about five minutes lat-
er to find the pickup parked on the
eastbound shoulder of the road.
"As soon as I put the spotlight on
the vehicle, the occupant extended
both hands out the driver-side win-
dow," he said.
He told jurors that Rivera was
cooperative and told him he'd been
trying to call the sheriffs office,
and that his girlfriend had run off
into the woods. He put Rivera in
handcuffs "for safety reasons," he
said. Reed said he asked Rivera if
he had any weapons on his person
and was told Rivera had put the
contents of his pockets into the con-
sole of the truck. There, he said, he
found a folding lockblade knife.
Reed said he took Rivera to the
Mason County Jail for booking, re-
turning to the scene after Deputy
Jim Sisson contacted dispatch to
say a woman had come out of the
woods near the railroad tracks. He
said Kenyon, wet and cold after be-
ing in the woods for an hour and
a half, had red marks on her face
and neck.
Marks on the right side of her
face were consistent with being
went toward McEwan Prairie, she
said, he kept telling her to pull over,
then to go on. As she denied cheat-
ing on him, she said, he said, "I just
feel like hitting you right now." He
counted to three and hit her, but
she was able to deflect most of the
blow with her arm, she said. She
added that she was pretty sure he
had a knife.
"He said he knew who I was
with, and he was going to go kill
him, and then kill us as well. He
asked me, 'Are you scared?' " she
said.
Finally she managed to stop the
truck and took off running into the
woods, she said. She told jurors
that a car stopped, but before she
could get to it Rivera pulled up and
got out of the truck. After the other
car left, she said, he came into the
woods and she took off. She told
jurors she later saw a patrol car's
searchlight but couldn't reach it,
and finally saw Sisson's patrol car.
Asked about the marks on her face
and neck, she wept as she said they
were made by Rivera's assault.
RECALLED TO the stand by
the prosecutor, Deputy Reed iden-
tified the knife he had taken from
the truck. Then, called as the de-
tnse's first witness by Sergi, he
was asked if the bottom of Rivera's
pants and shoes were wet when he
was first contacted. Reed Said he
hadn't noticed.
Rivera took the witness stand
in his own defense and said in re-
sponse to Sergi's questions that
he had asked Kenyon to take him
back to the place at Timberlakes
where he was living at the time.
He referred to her home on the res-
ervation as "our house" but said he
wanted to get off the reservation
that evening. He was in the pas-
senger seat the entire time, he said,
and conceded that they argued but
said it was mainly about his con-
cerns that she was using drugs.
He admitted that the issue of her
seeing someone else "was brought
up" as they drove, but said he did
not pull her hair or put his hands
around her hair to intimidate her.
hit by a fist or hand, while those
on her neck appeared to be finger
marks as if someone had grabbed
her by the neck, he said. He iden-
tified photographs of Kenyon, the
truck, and the marks on her face
and neck.
SAMANTHA KENYON told
the court Rivera was initially in
the back seat of the extended-cab
truck, but after he began asking
her if she was lying and accusing
her of cheating on him, he got into
the front seat. Once in town, he
said he wanted to go to the place
where he had been living, she said,
and she told him she needed to get
gas. They headed for Bayshore, but
he told her not to go there because
she might "get out and do some-
thing stupid," and he ordered her
to keep driving.
She felt at that point that she
had no choice, she said. As they
He said at one point they were go-
ing to call the place where he was
living from Bayshore, but he said
he decided not to. He wasn't wor-
ried about Kenyon getting out of
the truck and calling police, he
said, and added that he didn't re-
call any other times he had told
her to pull over. He denied hitting
her.
When she stopped the truck
and ran, he said, he was only wor-
ried about her welfare. He said he
contacted Seropian and Hall in
their vehicle because he "wanted
to know if Sam was okay." He said
they had come to an understand-
ing that they would all go seek po-
lice help, but that he had decided
Samantha's welfare was more im-
portant and had returned to where
she had disappeared. He said he
never threatened to kill Saman-
tha and didn't chase her into the
woods.
CROSS.EXAMINED by
uty Prosecutor Schuetz, he
Kenyon ran into the woods
cause the two of them
an argument. "That's all? An
ment?" Schuetz countered.
leaves her mother's truck on
road and runs screaming into
woods because you had an
ment?"
"It happened," Rivera said.
Schuetz pressed the issue
where Rivera was sittin
"Isn't it true that, in fact, i
of the belief you weren't
to be on the rez and didn't want
lice to see you?"
That wasn't the case,
maintained. "There wasn't no
clusions put on me, and no
tact. Why would I be in the
seat?" he said. Asked about
sault, Rivera indicated he put
hands up in self-defense. "Are
now saying Samantha
you?" Schuetz asked.
"I'm not used to
down to me," Rivera said.
assaulting you?" Rivera
"Could be."
"ARE YOU DENYING
assaulted Samantha?"
asked.
"I'm not denying anything.
here testifying, ain't I?" Rivera l
swered.
The prosecutor asked the
fendant if he was denying
prevented Kenyon from
denying that he controlled
denying anything was
her from getting out of the
Kenyon responded:
"Exactly."
"Did you accuse her
on you?" Schuetz asked and
said:"I wouldn't call it
asked." Asked if he denied
in Kenyon's face or
Rivera said: "It didn't happen."
Recalled to the stand,
said Rivera had gotten into
back seat because there were
al punishment papers in
that he thought had already
effect.
IN MAKING his closing
ments, Schuetz suggested to
jury that Rivera's
not credible. In his
lense attorney Sergi
questioning Kenyon's
and suggesting that Hall and
plan were shocked and
and did not recall the events
evening clearly. He also said
mony indicated Rivera only
to strike orlap Kenyon, but
actually hit her, since
the blow.
Judge Sawyer set Rivera's
tencing for April 9.
Jurors in the case were
Warren, Marie Swanson, John
Martin, Brian Nichols,
Bernard, Lanette
Donald Hartz, Frank Simon,
vid Brown, Inez
McCullough and
Gerald Lott was alternate
Not-guilty pleas:
Theler burglary: Two :eens charged
2wo youths charged with bur- case was set on the 60-day calen- 5171 Highway 3, Shelton, entered hearings and trial on a 90-day cal- Both cases were set on a
glary in a break-in at the Theler
Center in Belfair were arraigned
before Judge Toni Sheldon in Ma-"
son County Superior Court Mon-
day.
Scott Adam Waterbury, 17, of
120 Byerly Drive, Belfair, was ar-
raigned on charges that included
second-degree burglary, theft in
the first degree, trafficking in sto-
len property in the first degree, and
intimidating a witness, all stem-
ming from a December 14 break-in
at the community center.
Earlier, charges pending
against Waterbury had been re-
manded from juvenile court, Attor-
ney Andrew Rubenstein entered
not-guilty charges on Waterbury's
behalf. He is accused of taking and
trying to sell a golf cart and a leaf
blower, and of seeking to prevent
witness Brian Pollard from giv-
ing information in the case. His
dar since he remains in custody on
$100,000 bail.
Michael T. Waye, 18, of 190
Byerly Drive, Belfair, a codefen-
dant with Waterbury, pled not
guilty to a charge of second-degree
burglary through attorney Charles
Lane. Way, was released on per-
sonal recognizance. His case was
set on a 90-day calendar with trial
in July.
IN OTHER arraignment pro-
ceedings before Judge Sheldon and
Court Commissioner Richard Ad-
amson on Monday:
Rebecca Marie Bilbao, also
known as Rebecca Byers, entered
a not-guilty plea through attorney
Ron Sergi to charges of theft in the
second degree and identity theft.
Her next court date is a May 14
omnibus hearing, and her case is
due for trial in late July.
Michael Lamont, 42, of East
a not-guilty plea through attorney
Ron Sergi to a charge of unlaw-
ful possession of a firearm in the
second degree. He is alleged to
have been in possession of a fire-
arm forbidden to him because of a
felony on his record. Judge Shel-
don ordered him to remain free on
personal recognizance but ordered
him to go through administrative
booking at the jail.
Kenneth Sean McMillian,
26, of 1511 Olympic Highway
South, Shelton, entered not guilty
pleas to charges of possession of a
controlled substance, methamphet-
amine, and physical control of a ve-
hicle while under the influence. At-
torney Andrew Rubenstein asked
that the matter of a urinalysis re-
port that McMillian had drugs in
his system be addressed in a hear-
ing on conditions of release set for
April 9. Judge Sheldon set future
endar with trial in late June.
Santos Jose Lofgren, 24, of
1040 SE Bloomfield Road, Shel-
ton, entered a not-guilty plea to
a charge of possession of a con-
trolled substance, a charge filed
after a state trooper stopped him
for a wheel irregularity and noted
a weapon, nunchukas, in the con-
sole of the vehicle. On searching
the vehicle, he reported, he found
a container with a white substance
that field-tested positive for meth-
amphetamine.
* Joshua Cayo, 20, of NE 90
Pine Tree Lane, Tahuya, and
Joshua Leo Gallinari, 20, of 760
NE Snowcap Drive, Tahuya, en-
tered not guilty pleas to charges of
possession of methamphetamine.
Attorney Andrew Rubenstein
stood in for their attorneys in the
arraignments before Court Com-
missioner Adamson.
calendar with omnibus
May 14, pretrial June 4 and
in the period beginning June
The two were charged after
were stopped for a routine
offense and the arresting
found a green leafy
a bag in Cayo's pocket and
powder that field-tested
for methamphetamine in a bag
tween the seats in the vehicle.
Elmer Harlen Chase,
entered a not-guilty plea
charge of criminal "
in the first degree and
Rubenstein stood in for
Charles Lane at the
He is accused of using
tion belonging to his
law, Leon C. Norris, to
arrested on a Washington
Department of Corrections
rant. Chase's case is also set
the 90-day calendar.
* Compaq .lip
.Blackberry
.Handspring
*Casio ,Dell
Palm & MORE
BattedesP00s.
Call today for a
FREE ESTIMATE
on a new Tranc system!
r O__lyapic Heating & Cooling, LLC
Sales * Service Installations
It'sHard To StopA Tmne: Repairs Heating * Air
Conditioning Refrigeration
426-9945 754-1235 1-800-400-9945
OLYM PI{C968BA
Page 32 - Shelton-Mason County Journal - Thursday, April 5, 2007
L