July 19, 2012 Shelton Mason County Journal | ![]() |
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Arson
Continued from page A-t
Initial l'eports showed that the first
911 call reported the structure fire at
5:14 a.m. However, an earlier distur-
bance call was discovered from 2:41
a.m.
"We recently became aware of the
first complaint and we're looking into
why there was no response," Mason
County Sheriffs Office Chief Deputy
Dean Byrd said.
In the disturbance call, Falter's
neighbor Derek McLaughlin called to
report that someone in the house next
door was banging and breaking win-
dows and pounding on walls. McLaugh-
lin reported that the noise was keeping
him and his parents awake and stated
he did not know if the child who lives
there was home or not.
Falter's wife. Jessica Falter. had
taken the couple's 5-year-old daugh-
ter camping for the night, but stated
in an interview with the Shelton-Ma-
son County Journal that she was con-
cerned there was no response when
the original call came in suggesting
there was a possibility of a child being
in the house.
"We are actively investigating,"
Byrd said.
Falter's parents, Margaret and
Dave Falter of Olympia, said Falter
was diagnosed with bipolar disorder 1
when he was in his early 20s.
In a letter to the Journal. Falter's
mother said the only doctor he could
find to help with his mental illness, be-
cause of his insurance coverage, was a
physician assistant at a walk-in clinic.
"This particular person did not re-
ally have the knowledge to manage
his mental illness and I'm surprised
he did not help Jason to find someone
that could manage his illness," she
wrote. "This physician assistant even
took him off one of his medications
that was prescribed for him in the hos-
pital, because he did not like the test
results from his blood level test."
She wrote that taking Falter off this
medication, without doing it slowly,
could cause severe problems with a
mental health patient.
"On July 6, my husband and I talk-
ed (Jason) into going to ~ProvidenceJ
St. Peter Hospital (in Olympia) to get
evaluated and to have his medication
levels checked," Margaret Falter wrote
to the Journal. "They did not invite us
to go back with Jason. so we could not
speak with the doctors and tell them
our concerns. We would have asked
them to admit him into the mental
health ward."
She wrote that Falter was m the
emergency room from 10:30 a.m. to 3
p.m. when he was released with hos-
pital officials saying "his levels were
OK."
Providence St. Peter Hospital in
Olympia confirmed that Falter did
check in to the ER and was released.
However, due to Health Insurance
Portability and Accountability Act
(HIPPAJ laws. the hospital could not
state what day or even what time Fal-
ter was there.
Dave Falter said when his son's bi-
polar disorder symptoms come on, he
gets either manic or depressed.
"He seemed to start having more
trouble when he was taken off one
medication," he said.
Both of Falter's parents stated he
does not clearly remember his actions
on July 7.
Falter is scheduled to appear in Ma-
son County Superior Court on Mon-
day, however Ronald Sergi, his court-
appointed defense attorney, said the
court has order a compentency evalua-
tion fi'om Western State Hospital.
"If the evaluation is back and Ja-
son is competent, we'll enter a not
guilty plea and proceed from there,"
Sergi said. "If it comes back and he is
not competent. Western State will be
given the opportunity to try to restore
competency. Then the case will start.
Everything is on hold right now."
Sergi said there is not currently a
mental health court in Mason County
such as the one Thurston County. Ma-
son County plans to use revenue gen-
erated from the mental health sales
tax approved by voters last year to
eventually form a mental health court.
"If (Jason's) just incarcerated, it
won't do him any good," Dave Falter
said. "He'll get out and have no where
to go and end up sleeping under the
bridges."
Dave Falter said when his son's bi-
polar disorder is not affecting him, his
son is "the funniest kid and he's great
to be around."
u
in
Lawsuit
Continued from page A-1
when negotiating contracts
for operation and design of
solid waste facilities, but is
not necessary in contracts
related to hauling garbage.
For that reason, Whitehead
argued that the county was
within its authority to ne-
gotiate a contract with the
company without taking
bids.
The contract between the
county and Allied Waste
was first negotiated in Au-
gust 1993 for a five-year
term with options to renew
for three additional five-
year terms•
On June 5. the county
commission voted 2-0. with
Commissioner Lynda Ring
Erickson abstaining, to ap-
prove a contract extension
with the garbage hauling
company ,for seven years
with an option to renew for
an additional three years.
The contract states that
the county will be charged
$56 per ton for trailer
weights under 26 tons
and $35 per ton for trailer
wmghts of more than 26
tons. Various estimates
have placed the value of the
contract over its life at be-
tween $10 million and $15
million.
Whitehead also present-
ed an argument to the court
that the petitioners. Advo-
cates for Responsible Gov-
ernment, do not have stand-
ing in the case.
"They can't show that
they have an... interest
that's greater than the pub-
lic's." he said. "The court
thought that was a valid is-
sue."
After listening to the ar-
guments, Godfrey told the
court he planned to take
time to consider the issues
presented at the hearing.
"It's not clear cut within
the law." Whitehead said.
However. Hagen said
Godfrey agreed with his cli-
ents that the contract is in
fact a new contract, not an
extension on the original
contract.
"He specifically told the
• county that he was not buy-
ing their claim that this
was an extension to the con-
tract." Hagen said.
The next hearing on the
matter is scheduled for 1:30
p.m. on Aug. 10 at Grays
Harbor Superior Court.
Repairs
Continued from page A-1
bit and is now directly in the
way of the wall we want to
put there."
Crews will have to re-
move the crib wall before
they can begin constructing
the stronger, "soldier wall,"
a new retaining wall DOT
representatives say will pre-
vent future washouts, and
stabilize State Route 3 far
into the future.
The new soldier walls
will include pilings that
crews will drill 60 feet into
the hillside to stabilize the
road.
The new soldier walls
will tie into retaining walls
installed in 1993 after a
similar event. After heavy
rains that year, a portion of
the existing retaining wall
failed and the DOT put in
soldier walls with 30-foot
pilings.
"Twenty years later we
had the same type of fail-
ure," Ireland said. "This will
solve the problem at this lo-
cation."
After drilling the 60-foot
piles for the new soldier
wall into the hillside, crews
will permanently anchor the
pilings.
After the retaining wall is
Courtesy photo
This photo, provided by the Washington State Department of
Transportation, shows damage done to a retaining wall on State Route 3
near Shelton.
complete, crews will backfill
and repave the road, remov-
ing the temporary widening.
Complete road closures
should be rare, Ireland said,
and if projected to take lon-
ger than 15 minutes, they
will be completed between
the hours of 10 p.m. and 4
a.m.
"We believe we have
enough room that we won't
need to do extensive clo-
sures," Ireland said. "We
want to minimize the im-
pact to the traveling public."
The total length of the af-
fected roadway is 250 feet.
The DOT estimates 9,400
vehicles cross that part of
State Route 3 in a 24-hour
period.
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Shelton-Mason County Journal Thursday, July 19, 2012 Page A7