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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.