Tag Archives: criminal court

BREAKING: Man charged with felony hate crime for death threats against BIPOC students at Marysville Pilchuck High School

[EVERETT, Wash] – (MTN) Snohomish County Prosecutors have charged Benjamin Richey, 20, of Lake Stevens, Washington with a felony hate crime for posting an apparent handgun in a Snapchat post with the caption, “killing minorities soon.” In a report in the Everett Herald, the former Marysville Pilchuck High School student is no stranger to the police. Charging documents indicate he has been investigated previously for hiring racial slurs at People of Color. Richey is the adult child of a Marysville Police Officer at the time of the January 28, 2021 incident.

On December 14, 2020, in an Associated Student Body Junior Leadership virtual meeting, things took an ugly turn for Marysville Pilchuck High School students. Two students during a Zoom meeting stated, “let’s kill all Black people,” and then went on to identify several Black students by name in the call.

A criminal investigation followed, and Marysville police interviewed two impacted Black families. According to police and a press release from the NAACP, one family stated they did not want to pursue charges. The two students that made the statements received suspensions from school and were transferred to a different facility.

On January 28, 2021, a different student came forward and provided images of Snapchat conversations. In one of the screenshots, one of the students involved in the December incident was brandishing a handgun with the caption, “killing minorities soon.” The student who reported this went on to state this wasn’t the first time this type of comment was made.

During the investigation, Richey told the police it was a joke. Students, faculty, and civic leaders didn’t interpret the incident that way, and the phone that was used was the same one involved in the December 14, 2020 incident.

Marysville Pilchuck High School was the site of a 2014 shooting that left five dead, including the perpetrator. Prosecutors argue in charging documents that, given this history, it was reasonable to fear harm from the social media threat.

On March 27, impacted families, the Snohomish County NAACP, and civic leaders called upon the Marysville School District and Snohomish County Prosecutors to take action against the threats.

OUR COVERAGE AND FULL INTERVIEW WITH DR. JANICE GREENE OF THE SNOHOMISH COUNTY NAACP

Richey will be appearing in court on a summons for arraignment on August 5. He is not allowed to possess or has access to firearms, he cannot contact Marysville Pilchuck High School, or violate any other laws as a condition of his release.

BREAKING: Prosecutors drop felony charges against 11-year old autistic child

[EVERETT, Wash] – (MTN) According to the family, charges stemming from a May 17 incident between an 11-year old child with significant autism and two Snohomish County Sheriff Deputies were dropped by prosecutors. The child, who we are not naming, was charged with two counts of assault 3. The police report never mentioned the child’s impairment and listed her as being 12 years old, not 11. In Washington state the age of culpability is 8 years old, however, the court must prove that a juvenile who is 8 to 11 years old is capable of understanding their actions and the potential consequences.

Last week we reported that an altercation with the child involving a school bus driver and an assistant resulted in a 911 call when she boarded the bus to go to school. When Snohomish County deputies arrived, the child was in the home with her mother, Lori Helmy. Deputies claim that the child charged at them, kicking one in the groin. The report says, “Due to [the child’s] size, it did not cause Deputy Watts to be immobilized.”

The report goes on to say the child struggled with both officers, called them “animals” and “pigs,” and said if she had a knife, “she would stab them with it.” The report adds, “Deputy Watts and Deputy Carson both did not have marks from the assault on them, but both had transient pain well after the incident.” 

In addition to the questions raised about age of culpability per Washington law, medical records released to Malcontent News show the child has significant impairment due to autism.

A report from Northwest Neuropsychology Learning and Behavioral Services of Bellevue from February 25, 2020, concludes that there is a “significant issue with perceptual reasoning” and “significant sensory issues that include easily hyper aroused which triggers dysregulation.” The report further states that she is “severely impaired in all aspects of community living.”

Despite the police report having her stated age wrong and her established medical history, Snohomish County prosecutors initially moved forward with the felony charges.

BREAKING: Bail set for Tacoma police officers charged in murder of Manuel “Manny” Ellis

[TACOMA] – (MTN) Bail was set for the 3 officers who were arrested yesterday and criminally charged due to their involvement in the death of Manuel “Manny” Ellis on March 3, 2020. All three defendants pled not guilty and had bail set at $100,000 each. Christopher Burbank and Matthew Collins are charged with second-degree murder and Timothy Rankine is charged with first-degree manslaughter.

Prosecutors argued for bail of $1,000,000 for all three defendants while the lawyers representing all defendants asked for personal recognizance. Additional conditions of the three officers include surrendering their passport, no contact with their co-defendants, the Ellis family, or witnesses, surrender all weapons, and travel restrictions.

It was revealed in court that Collins has since moved to Oregon, despite still drawing his salary with the Tacoma Police Department of $116,109 annually. Collins’ attorney stated he would still need to be able to travel to his job in Oregon, but it wasn’t disclosed what kind of work he is doing, or if it was in law enforcement. Collins was given permission to travel within the county of residence in Oregon and the adjoining counties, and to and from the court or to see his attorney in Washington.

Rankine’s attorney admonished the court’s bail request for $1,000,000 and called the state’s request “false information” when saying this was comparative to other charges. The attorney also argued because he was a veteran with two Purple Hearts, was “superhuman,” and only arrived as a backup officer, he should not have been charged. Rankie lives in Bothell, Washington, according to his attorney.

All three defendants were arrested yesterday after Washington State Attorney General Bob Ferguson announced the charges against the trio in the death of Manuel “Manny” Ellis. The state AG stated that Collins and Burbank could face 10 to 18 years in prison while Rankine could face 6.5 to 8.5 years.

On March 3, 2020, Ellis was returning from a trip to 7-Eleven when he started speaking to officers in a city of Tacoma police cruiser. According to eyewitnesses, one of the officers violently threw open their car door, striking Ellis, who was restrained with a knee to the neck. He was tasered, hobbled, and had a spit hood placed on his head and stopped breathing shortly thereafter. Medics did CPR for 40 minutes before Ellis was declared dead. His last recorded words from a Ring security camera across the street were, “I can’t breathe, sir.”

In events eerily similar to the death of George Floyd in Minneapolis, the Pierce County Medical Examiner labeled Ellis’ death a homicide caused by hypoxia and physical restraint. Contributing factors included an enlarged heart and methamphetamine intoxication. Police investigators labeled this a case of “excited delirium,” which is not an accepted medical diagnosis by the American Medical Association, the American Psychiatric Association, and is not part of the DSM-V.

The case received little attention for 3 months, and under Washington I-940, the investigation was moved to the Pierce County Sheriff Department. A week before the final report was to be released, it was revealed a Pierce County Sheriff deputy participated in the restraint of Ellis, in a potential violation of I-940. After the revelation, several witnesses came forward with cellphone video of the incident that disputed Tacoma Police and Pierce County Sheriff’s depiction of the events that led to Ellis’ death.

The family of Ellis fought for a meeting with Governor Jay Inslee to have the state take over the criminal investigation. On December 31, 2020, a nearly 2,000-page report was released by the Washington State Patrol, that raised serious questions about the conduct of officers, the veracity of their reports on the incident, and their conduct toward Ellis.

A decision on the case was supposed to come by March 2021, but it was further revealed that a Washington State Patrol officer was also present during the incident with Ellis, creating a new conflict of interest. The State Police report received 2 months of further review, and the charges were announced on May 27, 2021, almost a year from the day Geroge Floyd in Minneapolis was murdered by Derek Chauvin, who was convicted of second-degree murder in that case.

All 3 defendants appeared before the court wearing Pierce County Jail jumpsuits and appeared unemotional during the hearings. It is important to note that video quality was poor, and there were significant audio issues during Burbank’s hearing and the start of Collin’s hearing. The defendants have been ordered to return to court on June 24.

To date, 4 officers in Washington state have been criminally charged under I-940. The first was former police officer Jeff Nelson of Auburn, Washington. Nelson was arraigned in August 2020 for the slaying of Jesse Sarey, who was having a mental health crisis. In that case, Nelson was permitted to appear before the court on a summons and King County prosecutors asked for no bail. The judge set bail at $500,000 after an impassioned plea by Sarey’s foster mother, Elaine Simons. Nelson is still awaiting trial in that case and continues to draw his salary with the Auburn Police Department.

Kyle Rittenhouse pleads not guilty to seven charges

Five Fast Facts

  • Kyle Rittenhouse is facing seven criminal charges related to the shooting deaths of two protesters, and the wounding of a third during civil unrest in Kenosha, Wisconsin
  • Assistant District Attorney Thomas Binger said he would be turning over the state’s discovery material to the defense this week
  • Rittenhouse’s lawyer, March Richards, called the scheduled trial date of March 29, 2021, “ridiculous”
  • Rittenhouse is charged with five felonies and two misdemeanors for his actions on August 25, 2020
  • Three others aligned with right-wing militias have been charged with felonies and misdemeanors for their actions in Kenosha, Wisconsin

MILWAUKEE – More than four months after he was charged with killing two protesters and wounding a third during civil unrest in Kenosha, Wisconsin, Kyle Rittenhouse formally entered not guilty pleas Tuesday, triggering the next phases of what is still expected to be a drawn out case.

Read more at USA Today