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Newspaper Archive of
Shelton Mason County Journal
Shelton, Washington
December 13, 2007     Shelton Mason County Journal
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December 13, 2007
 
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Clary facing time for felony DUI Sentencing is scheduled fbr Monday in the case of a Shelton man convicted of felony drunk driving after a jury trial in Mason County Superior Court. Jacob Michael Clary, 33, of 251 Boardwalk, was fbund guilty under a 2006 law which elevated driving under the influence, for- merly a gross misdemeanor, to a fNony offense for persons with a history of DUI offenses or who have been convicted of vehicular assault or vehicular homicide. Clary has three prior DUI convic- tions and in 2000 he was convicted of vehicular assault, according to court documents. He was charged with being un- der the influence el'alcohol on Sep- tember 20 when he was stopped for speeding on Highway 101 near the Wallace Kneeland interchange. Clary was in court on Tuesday and denied an eight-hour release t¥om the Mason County ,Jail to visit ill family members. THE JURY WAS seated No- vember 28 and heard testimony on November 29. Jurors continued deliberations oil November 30, when they announced the guilty verdict. Trooper Mitchell Bauer of the Washington State Patrol said he stopped the vehicle around 10:52 p.m. on September 20 on High- way 101 just north of the Wallace Kneeland overpass. He said the car was traveling south and he was in the northbound lane. "The speed zone in that area is 45. The car was coming toward me. I esti- mated it to be around 55 miles per hour." Bauer said he activated a radar device inside his patrol vehicle and locked into a speed of 58 miles per hour. He turned around and activated his lights and the vehi- cle pulled over onto the shoulder in front of the 60-mile-per-hour sign. The speed changes from 45 to 6() miles per hour near the in- terchange. The trooper identified Clary as the person driving a white Honda and said there was one passenger in the car. He also said he saw two 18-packs of beer on the floor be- hind the driver's seat; one was un- opened and one was opened with fbur beers missing. "AS I APPROACHED, the driver was already talking to me about his speed. I had not told him why I stopped him. He was angry and upset and yelling at me. I told him we were in a 45 zone. I asked him if any of the beer in the back had been opened. He said, 'No.' I asked him to step out of the vehi- cle. He agreed to step out." The trooper said he smelled an Matlock woman found dead The death of a 39-year-old Mat- lock woman last week was caused by bleeding to the space around the brain, according to Mason County Coroner Was Stockwell. Patricia Underwood died at about 5:53 p.m. at her residence on 21 West Cedar Place at River Haven. She was fi)und by fam- ily members in the driveway and was not breathing, Chief Deputy Dean Byrd of the Mason County Sheriff's Office reported. She had been sick but was feel- ing better and decided to go on an outing with her family, Byrd said. She collapsed in the drive- way. Byrd said the sheriffs office investigated the death and found no indication of "foul play." An autopsy was conducted and the cause of death was a sub- arachnoid hemorrhage, Stockwell said. odor of intoxicants. "The cause of the odor from the car wasn't just from the passenger. It came from the driver. I told him I could still smell the alcohol. I asked him, 'Are you sure it was two beers?' and he said, 'No, it was four.' At that point I asked him to do voluntary field- sobriety tests," Bauer said. He described three tests as a gaze and eye test, a walk and turn test and a standing on one-leg test and reported poor performance by Clary. "I felt that he was impaired. I placed him in handcuffs and read him his rights. The driver said he did not want the passenger to drive." He said when the tow com- pany showed up he did an inven- tory of the items in the vehicle. "I noted the beer in the back. It was very cold beer. There were only 14 of the 18 pack there." DURING AN INTERVIEW with Clary at the jail, the trooper said he detected "an obvious odor of alcohol" coming from the defen- dant. He said Clary told him he had four beers "just before he was stopped. He said he started drink- ing at 10:40 p.m. with a friend." The trooper said Clary refused to submit to a breath test at the jail. Brian Capron, a forensic scien- tist at the Washington State Patrol Crime Laboratory, testified about the effects of alcohol on the hu- man body. He noted that driving is a "divided attention task" and alcohol, a central nervous system depressant, affects reaction time. He also testified about the dif- ferences between a tolerant drink- er and a non-tolerant drinker. "It takes less alcohol for non-tolerant drinkers to show the effects." He said the gaze and eye test is the best test of the three field-so- briety tests because it tracks the involuntary movements of the eyes and is not affected by a person's level of tolerance of alcohol. HE ALSO described the "burn Mormons working on a clean machine Wayne Washer of the Church of Jesus Christ of Latter-day Saints is heading up an eflbrt to bring around a thousand people to help clean up storm damage in this area. Last weekend, the church sent more than 3200 volunteers to Lewis County to help scrape out mud and remove carpets, sheet rock, furniture and debris from homes and yards. "We would like to do the same ibr your hard-hit areas this Sat- urday. I am aware that many of the roads are still blocked that would allow access into the hard- hit areas," Washer told Mason County Commissioner Ross Gal- lagher. Currently, the plan is to make the Mormon church's building in Shelton a central hub where the Latter-day Saints will welcome local volunteers. "It's just a won- derful attitude of neighbor tak- ing care of neighbor," said Marty Best, director of the Mason Coun- Northcliff work to (Continued from page 3.) "We'll be watching the weather; monitoring the conditions of the road," he said. He's looking fbr- ward to April or May when warm- er, drier weather is expected. "One hundred and twenty days goes by faster than you think," he said. "I think April will be here in short order." Meanwhile, area residents will be able to drive on the road. "We're approaching it that damage (to the roadway) will be minimal at worst," Ebbeson added. In other action Monday, the resume in April commissioners voted 3-0 to pur- chase three parcels adjacent to the city's sewage treatment plant in connection with planned ex- pansion and improvements at the plant. Two of the parcels totaling 6.97 acres are owned by Simp- son Timber Company; the third, which totals 9.34 acres, is owned by Green Diamond Resource Company. The purchase price is $357,000 tbr the Simpson parcels and $180,000 for the Green Dia- mond parcel. Money to pay for the land purchase will come from the city's Sewer Fund. Page 8 - Shelton-Mason County Journal - Thursday, December 13, 2007 ty Department of Emergency Management. The plan is to assist victims in cleaning their homes and land on Saturday, December 15. Requests for assistance will be accepted until 5 p.m. on Friday. Anyone with contact informa- tion or seeking more details about this effort should call Shannon Goudy at 427-9670, Extension 390. Nominees will be placed on a list coordinated with a cleanup crew organized by the church. Reports of damage can be made to Best at 427-7535. "The damage has been wide- spread and under-reported so far, so we're hoping the people will continue to respond," said Com- missioner Tim Sheldon. We have fishi. supphes/ Skokomish Indian Tribal Enterprises (S.I.T.E.) Premis Carton Sl + tax Bud Bud Li S949 Q 12 12 oz. cans 3 Chicken Strips & 8 Jo Jo off' rate, meaning the way in which the body absorbs alcohol. It takes 30 to 60 minutes fbr the equivalent of an ounce of" alcohol to be fully absorbed by the body. Capron said in his opinion Clary was impaired. If Clary drank four beers at 10:40 p.m. and was stopped by the trooper at 10:52 p.m., he said, Clary would have been under the influence but the full impact of the impairment would not have been immediate. Defense attorney James Foley asked Capron about the reliability of the field-sot)riety tests. Capron conceded that studies show the tbllowing reliability: gaze and eye test, 77 percent; walk and turn, 68 percent, and one-leg standing, 65 percent. "When all thr('e tests are periormed together the reliability is 80 percent or so," he s:dd. Judge James Sawyer read stip- ulated testimony into the record to the effect that Clary in October 2000 of predicate tnse for the felony driving the influence. The jurors were Sharon Earl Heckler, Tim Sample, beth Matthevs, Tracie Betty Mo3mahan, Duane Jean Janovitch, Valerie Daniel Bourgault, Bonnie Terri Oberg and Stephan • Computers • Laptops • Cordless • Cameras • Cell Phones BatteriesPlus. -- Paver Order Form- ' Shelton Clock Tower Be a part of Shelton Hi.00 Take this opportunity to add a personalized brick paver at the of the Shelton Clock Tower...memorialize your family, a friend, a person or pet, or share an inspiring message. Purchasin a paver enables you to to thank, honor and celebrate those who have a difference in your life. These will make excellent anniversary and birthday gifts. The pavers will be etched on in the Spring of 2008. Monies will be used for the maintenance the Clock Tower project. Deadline is March 1st, 2008. Pavers are $50 each. Each paver may have 2 lines of 15 characters per line Name: Phone: Address: .................................................................................. City State Zip Email: ........................................ Unel I ........ I ...... J ....... ] ............. 1 .......... -._.__- ........ ! .... [-_--[__[ i Line2 [ l!JJ ...... ........ ....... .......... .............. ..... .... .... L______L__.I I Check payable to Shelton Clock Tower Project Send or take form and money to: Shelton City Hall Attn. Mark Ziegler 525 W. Cola, Shalton WA 98584 Rcv'd by Date Cash Chk # TR# 19390 North U.S. Hwy. I 01 Skokomish Nation, WA 98584 At the intersection of Hwy. 101 & Hwy. 106 minutes north of Shelton on the Skokomish Indian Reservation Located next to the Lucky Dog Casino * 427-9099 Camel 90 Carton 12- $429 Basic Winston S300Ca00°n Marlboro COFFEE: Small 79¢, Med 89¢, SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon Monoxide. Clary facing time for felony DUI Sentencing is scheduled fbr Monday in the case of a Shelton man convicted of felony drunk driving after a jury trial in Mason County Superior Court. Jacob Michael Clary, 33, of 251 Boardwalk, was fbund guilty under a 2006 law which elevated driving under the influence, for- merly a gross misdemeanor, to a fNony offense for persons with a history of DUI offenses or who have been convicted of vehicular assault or vehicular homicide. Clary has three prior DUI convic- tions and in 2000 he was convicted of vehicular assault, according to court documents. He was charged with being un- der the influence el'alcohol on Sep- tember 20 when he was stopped for speeding on Highway 101 near the Wallace Kneeland interchange. Clary was in court on Tuesday and denied an eight-hour release t¥om the Mason County ,Jail to visit ill family members. THE JURY WAS seated No- vember 28 and heard testimony on November 29. Jurors continued deliberations oil November 30, when they announced the guilty verdict. Trooper Mitchell Bauer of the Washington State Patrol said he stopped the vehicle around 10:52 p.m. on September 20 on High- way 101 just north of the Wallace Kneeland overpass. He said the car was traveling south and he was in the northbound lane. "The speed zone in that area is 45. The car was coming toward me. I esti- mated it to be around 55 miles per hour." Bauer said he activated a radar device inside his patrol vehicle and locked into a speed of 58 miles per hour. He turned around and activated his lights and the vehi- cle pulled over onto the shoulder in front of the 60-mile-per-hour sign. The speed changes from 45 to 6() miles per hour near the in- terchange. The trooper identified Clary as the person driving a white Honda and said there was one passenger in the car. He also said he saw two 18-packs of beer on the floor be- hind the driver's seat; one was un- opened and one was opened with fbur beers missing. "AS I APPROACHED, the driver was already talking to me about his speed. I had not told him why I stopped him. He was angry and upset and yelling at me. I told him we were in a 45 zone. I asked him if any of the beer in the back had been opened. He said, 'No.' I asked him to step out of the vehi- cle. He agreed to step out." The trooper said he smelled an Matlock woman found dead The death of a 39-year-old Mat- lock woman last week was caused by bleeding to the space around the brain, according to Mason County Coroner Was Stockwell. Patricia Underwood died at about 5:53 p.m. at her residence on 21 West Cedar Place at River Haven. She was fi)und by fam- ily members in the driveway and was not breathing, Chief Deputy Dean Byrd of the Mason County Sheriff's Office reported. She had been sick but was feel- ing better and decided to go on an outing with her family, Byrd said. She collapsed in the drive- way. Byrd said the sheriffs office investigated the death and found no indication of "foul play." An autopsy was conducted and the cause of death was a sub- arachnoid hemorrhage, Stockwell said. odor of intoxicants. "The cause of the odor from the car wasn't just from the passenger. It came from the driver. I told him I could still smell the alcohol. I asked him, 'Are you sure it was two beers?' and he said, 'No, it was four.' At that point I asked him to do voluntary field- sobriety tests," Bauer said. He described three tests as a gaze and eye test, a walk and turn test and a standing on one-leg test and reported poor performance by Clary. "I felt that he was impaired. I placed him in handcuffs and read him his rights. The driver said he did not want the passenger to drive." He said when the tow com- pany showed up he did an inven- tory of the items in the vehicle. "I noted the beer in the back. It was very cold beer. There were only 14 of the 18 pack there." DURING AN INTERVIEW with Clary at the jail, the trooper said he detected "an obvious odor of alcohol" coming from the defen- dant. He said Clary told him he had four beers "just before he was stopped. He said he started drink- ing at 10:40 p.m. with a friend." The trooper said Clary refused to submit to a breath test at the jail. Brian Capron, a forensic scien- tist at the Washington State Patrol Crime Laboratory, testified about the effects of alcohol on the hu- man body. He noted that driving is a "divided attention task" and alcohol, a central nervous system depressant, affects reaction time. He also testified about the dif- ferences between a tolerant drink- er and a non-tolerant drinker. "It takes less alcohol for non-tolerant drinkers to show the effects." He said the gaze and eye test is the best test of the three field-so- briety tests because it tracks the involuntary movements of the eyes and is not affected by a person's level of tolerance of alcohol. HE ALSO described the "burn Mormons working on a clean machine Wayne Washer of the Church of Jesus Christ of Latter-day Saints is heading up an eflbrt to bring around a thousand people to help clean up storm damage in this area. Last weekend, the church sent more than 3200 volunteers to Lewis County to help scrape out mud and remove carpets, sheet rock, furniture and debris from homes and yards. "We would like to do the same ibr your hard-hit areas this Sat- urday. I am aware that many of the roads are still blocked that would allow access into the hard- hit areas," Washer told Mason County Commissioner Ross Gal- lagher. Currently, the plan is to make the Mormon church's building in Shelton a central hub where the Latter-day Saints will welcome local volunteers. "It's just a won- derful attitude of neighbor tak- ing care of neighbor," said Marty Best, director of the Mason Coun- Northcliff work to (Continued from page 3.) "We'll be watching the weather; monitoring the conditions of the road," he said. He's looking fbr- ward to April or May when warm- er, drier weather is expected. "One hundred and twenty days goes by faster than you think," he said. "I think April will be here in short order." Meanwhile, area residents will be able to drive on the road. "We're approaching it that damage (to the roadway) will be minimal at worst," Ebbeson added. In other action Monday, the resume in April commissioners voted 3-0 to pur- chase three parcels adjacent to the city's sewage treatment plant in connection with planned ex- pansion and improvements at the plant. Two of the parcels totaling 6.97 acres are owned by Simp- son Timber Company; the third, which totals 9.34 acres, is owned by Green Diamond Resource Company. The purchase price is $357,000 tbr the Simpson parcels and $180,000 for the Green Dia- mond parcel. Money to pay for the land purchase will come from the city's Sewer Fund. Page 8 - Shelton-Mason County Journal - Thursday, December 13, 2007 ty Department of Emergency Management. The plan is to assist victims in cleaning their homes and land on Saturday, December 15. Requests for assistance will be accepted until 5 p.m. on Friday. Anyone with contact informa- tion or seeking more details about this effort should call Shannon Goudy at 427-9670, Extension 390. Nominees will be placed on a list coordinated with a cleanup crew organized by the church. Reports of damage can be made to Best at 427-7535. "The damage has been wide- spread and under-reported so far, so we're hoping the people will continue to respond," said Com- missioner Tim Sheldon. We have fishi. supphes/ Skokomish Indian Tribal Enterprises (S.I.T.E.) Premis Carton Sl + tax Bud Bud Li S949 Q 12 12 oz. cans 3 Chicken Strips & 8 Jo Jo off' rate, meaning the way in which the body absorbs alcohol. It takes 30 to 60 minutes fbr the equivalent of an ounce of" alcohol to be fully absorbed by the body. Capron said in his opinion Clary was impaired. If Clary drank four beers at 10:40 p.m. and was stopped by the trooper at 10:52 p.m., he said, Clary would have been under the influence but the full impact of the impairment would not have been immediate. Defense attorney James Foley asked Capron about the reliability of the field-sot)riety tests. Capron conceded that studies show the tbllowing reliability: gaze and eye test, 77 percent; walk and turn, 68 percent, and one-leg standing, 65 percent. "When all thr('e tests are periormed together the reliability is 80 percent or so," he s:dd. Judge James Sawyer read stip- ulated testimony into the record to the effect that Clary in October 2000 of predicate tnse for the felony driving the influence. The jurors were Sharon Earl Heckler, Tim Sample, beth Matthevs, Tracie Betty Mo3mahan, Duane Jean Janovitch, Valerie Daniel Bourgault, Bonnie Terri Oberg and Stephan • Computers • Laptops • Cordless • Cameras • Cell Phones BatteriesPlus. -- Paver Order Form- ' Shelton Clock Tower Be a part of Shelton Hi.00 Take this opportunity to add a personalized brick paver at the of the Shelton Clock Tower...memorialize your family, a friend, a person or pet, or share an inspiring message. Purchasin a paver enables you to to thank, honor and celebrate those who have a difference in your life. These will make excellent anniversary and birthday gifts. The pavers will be etched on in the Spring of 2008. Monies will be used for the maintenance the Clock Tower project. Deadline is March 1st, 2008. Pavers are $50 each. Each paver may have 2 lines of 15 characters per line Name: Phone: Address: .................................................................................. City State Zip Email: ........................................ Unel I ........ I ...... J ....... ] ............. 1 .......... -._.__- ........ ! .... [-_--[__[ i Line2 [ l!JJ ...... ........ ....... .......... .............. ..... .... .... L______L__.I I Check payable to Shelton Clock Tower Project Send or take form and money to: Shelton City Hall Attn. Mark Ziegler 525 W. Cola, Shalton WA 98584 Rcv'd by Date Cash Chk # TR# 19390 North U.S. Hwy. I 01 Skokomish Nation, WA 98584 At the intersection of Hwy. 101 & Hwy. 106 minutes north of Shelton on the Skokomish Indian Reservation Located next to the Lucky Dog Casino * 427-9099 Camel 90 Carton 12- $429 Basic Winston S300Ca00°n Marlboro COFFEE: Small 79¢, Med 89¢, SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon Monoxide.