[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.
[KIRKLAND, Wash] – (MTN) Kirkland’s media darling, tourist attraction, and infamous truck eating bridge claimed another victim early Monday morning. Around 2 AM local residents reported hearing the telltale crash and scraping noises of yet another victim of the homicidal structure.
The driver tried for two hours to extract the truck, which struck the eastbound side before Kirkland Police showed up around 4 AM. A heavy-duty wrecker excised the latest meal from Truckbane’s jaws around 5 AM. This is the fourth truck to strike the bridge in three weeks.
Nighttime feedings are rare for Truckbane, which prefers to hunt during daylight hours.
Last Saturday a group of citizens did a banner drop on the westbound side. The community effort caught the attention of the local TV NBC affiliate KING 5, and the magazine CDL Today. In December of 2020, the city added a dozen signs to warn drivers of the truck eating bridge. The bridge’s location, architecture, and the traffic on Kirkland Way create a unique set of traffic engineering challenges.
[EVERETT, Wash] – (MTN) Snohomish County prosecutors have charged an 11-year old autistic girl with two felony counts of assault 3 after a May 17 incident in Everett. In a police report, officers claim that although they were no visible injuries to either officer, the child’s words and actions warranted the charges against her. Despite the child not being of the age of culpability in Washington, flaws in the police report, and documentation of significant mental impairment, prosecutors continued to move forward with the criminal charges. Malcontent News is not identifying the child by name because this is a juvenile case.
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.”
“Watts said due to [the child’s] actions, he believed she would carry out the threat of stabbing the Deputies with it,” a deputy claims.
According to a report issued by the Snohomish County Sheriff, the justification for referring the child for criminal charges was, “Due to [the child] being 12 years old and her actions (verbal and physical) I believe she knew she was using unwanted force against both Deputies.” But there are significant problems with the case.
The child involved is 11 years old, not 12, and had only recently had her 11th birthday at the time of the incident. In Washington state, the age of culpability is eight years old per RCW 9A.04.050. In the section called People capable of committing crimes – Capability of Children, the law states, “Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.“
In the charging documents sent to the parent, the child’s birthday is correctly listed as April 12, 2010, making her 11 years old at the time of the incident. She is listed as 4’10” tall and weighing 115 pounds. Deputies claim they had significant challenges in restraining the child as she kicked and yelled at them.
At no time did she possess a knife or attack deputies with any physical item. The report does say that she grabbed keys at one point and claimed she would stab deputies. Her mother was able to restrain her per the police report, and the child relinquished the keys without contacting the officers or requiring their intervention. According to Ms. Helmy, deputies escalated the situation due to their conduct, would not listen to her advice on assisting her daughter, and ignored her statements that she is 11 years old.
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 moved forward with the felony charges. The first hearing was scheduled for July 19, but the incident has put Ms. Helmy’s child into an emotional spiral, and the juvenile is currently hospitalized.
The court would only delay the initial hearing for two weeks, pending the child’s release from the hospital. At the time of publication, the public defender’s office has stated that a motion to dismiss is with the court.
Upon hearing the news from the public defender’s office, Ms. Helmy said, “Dropping charges is not good enough. Had my daughter known what she was doing, there would be real consequences. The cop knew what he was doing and there needs to be real consequences.”
According to Mental Health America, Washington state ranks 43rd in the nation for youth mental health while ranking number 3 (including the District of Columbia) for the number of mentally ill residents. According to the Washington State Department of Social and Health Services, 58% of inmates in Washington state are in treatment for mental illness when they are incarcerated.
The Snohomish County Prosector’s Office and Snohomish County Sheriff Department did not respond to our request for a statement. At the time of publication, the child’s public defender had not provided any additional information.
[KIRKLAND, Wash] – (MTN) Truckbane, the infamous “truck eating bridge” of Kirkland had a close encounter of the worst kind with an over-height Mayflower Movers box truck. The eastbound 12’6″ truck became firmly wedged under the 11’6″ overpass, leaving bits of aluminum on the pavement and a battered roof from above. No one was injured and no other vehicles were involved in the incident.
[Best_Wordpress_Gallery id=”57″ gal_title=”Truckbane July 13 2021″]
Around 6:30 PM, the truck embedded itself into the maw of the old railroad trestle, becoming the third vehicle to strike the bridge in less than two weeks. The truck was carrying cargo, but it appeared undamaged. The driver was rattled and didn’t want to make a statement.
A heavy-duty wrecker arrived about one hour after Truckbane fed, and pulled the prey from out of its gaping maw. The screech of metal echoed through the neighborhood as the box broke free.
On Saturday a group of citizens did a banner drop on the westbound side. It appears it may have saved a truck from being consumed by Truckbane on Monday morning. Some onlookers on the Cross Kirkland Corridor mused that the latest meal may not have happened if there was a second banner on the other side.
In December of 2020, the city added a dozen signs to warn drivers of the truck-eating bridge. The bridge’s location, architecture, and the traffic on Kirkland Way create a unique set of traffic engineering challenges.
[SEATTLE, Wash] – (MTN) The Seattle Office of Police Accountability released its highly anticipated report today on the January 6 conduct of 6 SPD officers in Washington D.C. during the insurrection and has recommended two officers be fired. A combination of Crosscut, The Stranger, and Divest SPD, identified the six officers two months ago. According to The Stranger, “named employee 1” and “named employee 2,” are tentatively identified as Alexander Everett and Caitlin Rochelle.
According to Report 2021PA-0013, the officers violated 3 policies each. The officers claimed that they went to the Capitol because Donald Trump had asked them to, but didn’t enter any restricted areas. However, as part of a parallel FBI investigation, OPA received pictures that clearly showed the officers in a restricted area witnessing people scaling the Capitol walls and officers being assaulted.
In a written statement, OPA Director Andrew Myerberg said, “That they were direct witnesses to people defiling the seat of American democracy and assaulting fellow law enforcement officers—and did nothing—makes this all the more egregious.”
Everett and Rochelle allegedly went to Washington D.C. to see Trump at the Stop the Steal Rally as part of their honeymoon.
Acting Police Chief Adrian Diaz stated on January 8 that if evidence was provided that showed officers violated any laws, he would fire them. Both the Seattle Police Department and the Seattle Police Officers Guild indicated they would make statements later today.
Three officers were determined to have not violated any policies or laws and only exercised their First Amendment rights. A sixth officer refused to cooperate with the investigation. the OPA does not have the power to compel or order an officer to provide evidence, so the case for “named employee 3” is “non sustained, inconclusive.” The Stranger reported on Twitter that there is an ongoing FBI investigation into unspecified SPD officers and their conduct on January 6.
Crosscut reported yesterday that the Seattle Police Officers Guild has filed a grievance against the city over the request for information from the OPA as part of its investigation. In the days following the insurrection, Mike Solan, the SPOG President, was outspoken in blaming Antifa for the insurrection and sharing false claims on social media and his podcast. The City Council along with several organizations called for Solan to resign for his statements, which he ignored. Solan’s conduct on Twitter is currently subject to two OPA investigations.
So far over 530 people have been arrested for the January 6 insurrection, which left at least 5 people dead and forced the evacuation of Congress and the Vice President from the House chambers, and delayed the certification of the 2020 national election. Donald Trump and his supporters have continued to push “the big lie” that the 2020 election was corrupt and stolen, despite no meaningful evidence to support the allegations.
The Department of Justice has not made a statement to confirm or deny any SPD officers are under active investigation for their actions on January 6.
[MINNEAPOLIS] – (MTN) Nicholas Kraus, 35-years old, has been formally charged with intentional second-degree murder in the car attack that left Deona Marie Erickson dead, and two counts of second-degree assault for the injuries to two others, including an independent journalist who had their leg broken in the attack. Kraus admitted to officials that he drove toward the protesters on purpose and sped up to jump the barricades.
According to the police report, Erickson died from massive head trauma in the attack. The report also indicates that Kraus was drunk at the time, but the results of his toxicology report have not been made public.
Hennepin County officials wrote in a press release Kraus’ “behavior and admittance to intentionally driving towards the protestors is one important reason why we have charged him with intentional second-degree murder.”
“When Kraus spoke to police after the fatal incident the following day, he admitted to driving his SUV in the Uptown area,” the report continues. “Upon seeing the barricade, felt the need to ‘get over it.’ He also told police that he did not brake and accelerated in an attempt to jump the barricade despite seeing people.”
Kraus is facing up to 54 years in prison and has five prior DWI convictions in his past, including 2 felony convictions. Bail has been set at $1,000,000 with the condition of no drugs or alcohol while on release. Kraus’ next hearing is on June 17.
[MINNEAPOLIS] – (MTN) Police statements within a warrant submitted to secure a toxicology report for Nicholas Kraus in the moments after he crashed through a vigil for Winston Smith in Minneapolis, Minnesota, provides insight into his state of mind, but doesn’t answer questions about his motivations.
According to the warrant, Kraus admitted to driving through the group holding a vigil. He refused to provide his name, stating he was Tim Burton, the movie producer, and Jesus Christ. Police noted that Kraus’ pupils were “pinpoints” and non-reactive. Officers were unable to provide a field sobriety test on the scene due to injuries Kraus sustained in the accident.
In the same warrant, it is reported a traffic camera caught the incident and that the brake lights never turned on as Kraus tore through the group. The video has not been released to the public.
Kraus is a convicted felon with a criminal record spanning 17 years and 18 criminal cases. He has five convictions for DUI, including twice in 2007, once in 2009, 2012, and 2016. He had a 2013 DUI dismissed in a plea deal. He was also convicted of fifth-degree assault in 2004, falsely reporting a crime in 2006, and obstruction of justice in 2015. In the 2015 case, he was accused of attempting to smother his girlfriend and trying to throw her over the top railing of a balcony. Those charges were later dropped in a plea deal. The woman involved is the mother of his two children.
Kraus was arrested and convicted in 2020 for giving a false name to the police. In that case, he was sentenced to 45 days in jail and got time served for 43 of those days. That arrest and conviction caused a violation of his 2016 parole conditions and triggered a warrant for his arrest.
Deona Marie Erickson was killed in the incident that left 3 others injured. Video of the incident show Erickson flying through the air. Volunteer medics who were there to support the ongoing vigil for Winston Smith provided lifesaving care and were able to get a pulse back, however Erickson was declared dead shortly after arriving at an area hospital.
Kraus remains in custody without bail while prosecutors mull additional charges. A number of states have passed Republican-led initiatives providing drivers with legal justification to drive through protesters. Minnesota does not have any such law passed.
[LOUISIVILLE] – (MTN) A $2500 reward is being offered for the arrest and conviction of two individuals who were caught on a security camera vandalizing a mural of Breonna Taylor, less than a week after it was revealed. The mural located in Lannan Park in Louisville, Kentucky, was revealed to the public ten days ago.
The mural, painted on a recently renovated basketball court, featured Taylor and an urbanized version of the iconic “coexist” graphic. The project to create the mural was greenlighted by the city in August 2020, and involved local and national artists. Taylor’s mom, Tamika Palmer, was at the unveiling on June 4, and in an emotional statement said, “I’m happy…to have so many people, good people around to honor and support it.”
The surveillance video shows two individuals arriving on a small motorbike or scooter driving onto the court.
Palmer released a statement that said in part, “It’s very disappointing and heartbreaking that other people of the community would go to this length to say a black woman’s life didn’t matter, a woman who still deserves justice today.”
On March 13, 2020, Taylor was shot and killed by Louisville Metro police officers service a search warrant on her apartment. A lengthy investigation found that the warrant was issued under false allegations, the police did not follow proper procedures, and the person they were targeting for arrest was not only not in Taylor’s apartment, but was already in custody. Members of a grand jury commissioned by the state of Kentucky Attorney General Daniel Cameron claim they were never instructed to consider criminal charges directly related to Taylor’s death.
Breonna Taylor of Louisville, and George Floyd of Minneapolis, became eponymous within the Black Lives Matter movement that was reinvigorated after both their deaths.
[MINNEAPOLIS] – (MTN) Nicholas Kraus, 35, of St. Paul, Minnesota, was being held without bail for investigation of vehicular homicide after driving his car at a high rate of speed through a protest gathering and striking at least 3 additional people. More questions than answers exist less than a day later as Kraus had a warrant out for his arrest and had his driver’s license suspended for being “a hazard to public safety.”
During the evening of June 13, protesters had gathered to honor Winston Smith, 32, who was killed by U.S. Marshalls attempting to serve a warrant. The shooting death of Smith has enraged the community, with witnesses stating Winston was unarmed and no bodycam video taken during the arrest attempt.
Cars were used to create a barrier between traffic and the protesters. Kraus is accused of driving at a high rate of speed and accelerating into the crowd driving an SUV. Kraus was estimated to be driving 70 to 80 MPH as he tore through the group playing a game of red light, green light.
He drove through one barrier before striking a vehicle in the car barricade. The vehicle was hit so hard that it was thrown into bystanders, throwing Deona Marie Erickson through the air and striking at least 3 more people, including an independent journalist who suffered a broken leg. Volunteer medics started CPR on Erickson immediately and were able to get a pulse back, but she was declared dead upon her arrival at an area hospital. Kraus’ SUV came to rest against a pole, and he attempted to flee the scene but was detained by protesters.
Kraus is a convicted felon with a criminal record spanning 17 years and 18 criminal cases. He has five convictions for DUI, including twice in 2007, once in 2009, 2012, and 2016. He had a 2013 DUI dismissed in a plea deal. He was also convicted of fifth-degree assault in 2004, falsely reporting a crime in 2006, and obstruction of justice in 2015. In the 2015 case, he was accused of attempting to smother his girlfriend and trying to throw her over the top railing of a balcony. Those charges were later dropped in a plea deal. The woman involved is the mother of his two children.
Kraus was arrested and convicted in 2020 for giving a false name to the police. In that case, he was sentenced to 45 days in jail and got time served for 43 of those days. That arrest and conviction caused a violation of his 2016 parole conditions and triggered a warrant for his arrest.
Kraus’ social media footprint is mostly innocuous, with many public posts from 2017 to 2018. In his posts, he frequently expressed that he was a victim of other people holding him back and not forgiving him for his mistakes.
Although he did not express any political ideology in his posting, he wrote Greg Laurie was his favorite pastor. Pastor Laurie formed Harvest Christian Fellowship, the eighth largest megachurch in the United States. He serves on the board of directors of the Billy Graham Evangelistic Association, headed by Franklin Graham, an outspoken champion of Donald Trump and critic of Black Lives Matter. Laurie also served as one of the pastors for Donald Trumps’ 2017 inauguration.
Facebook post of Nicholas Kraus expressing his admiration for megachurch pastor Greg Laurie
However, Laurie has spoken out against historic racism in the Christian religion and aligned his megachurch with the Southern Baptist Church in 2017. In July 2020, he said, “Our country is in turmoil right now because of the tragic killing — and I would classify it as a murder — of George Floyd. This man had a knee of a police officer on his neck. He wasn’t able to breathe. He said repeatedly, “I can’t breathe,” and even called out, “Mama,” which is just so heartbreaking to watch this. It’s really opened up an important national conversation, and also there’s a lot of conflict on our streets right now. I want you to know, I can only speak for myself and maybe my family, but we’re listening. We’re wanting to understand. We’re wanting to learn. We don’t know what it’s like to walk in the shoes of an African American person.”
Untrue rumors were swirling on social media that Deona Marie Erickson is Kraus’ children’s mother. According to family members, Erickson had no relationship or contact with Kraus in the past.
Many posts on Nicholas Kraus’ Facebook page expressed he felt like a victim of other people holding him back.
Kraus is being held in Hennepin County Jail, awaiting a bond hearing and arraignment. Authorities had not stated a motivation if Kraus was impaired when he was arrested or indicated if this is being investigated as a hate crime. Hennepin County has been a national flashpoint since 2016 when officer Jeronimo Yanez shot and killed Philando Castile. Yanez was acquitted for wrongdoing after a criminal trial and 5 days of deliberations.
George Floyd was murdered by Derek Chauvin on May 25, 2020, in an incident recorded and shared on social media. Chauvin was convicted of second-degree murder and two other charges and will be sentenced on June 25, 2021. On April 11, 2021, 26-year police veteran and training officer Kim Potter shot and killed Daunte Wright, 20, during a routine traffic stop in Brooklyn Center, Minnesota. Potter claims she mistakenly grabbed her service-issued firearm instead of a Taser. Potter was arraigned on second-degree manslaughter charges in the same courthouse conducting the Derek Chauvin trial.
The June 4, 2021, shooting of Winston Smith has exacerbated the tense situation in Minneapolis, further divided the public trust from law enforcement. Both Anoka and Hennepin County Sheriff’s have stated their departments will no longer participate in federal raids due to the lack of transparency in the death of Smith.
The national discord on using vehicles to commit violence has sunk to new lows since 32-year old Heather Heyer was murdered in 2017 by 20-year-old James Alex Fields. Fields drove his Dodge Challenger through an anti-white supremacy counter-protester in Charlottesville, Virginia. Since May of 2020, dozens of car attacks were recorded across the nation. In Seattle, Summer Taylor died and Diaz Love was gravely injured on July 4, 2020, in a car attack on a closed interstate. Dawit Kelete was stopped by protesters in that incident and is still awaiting trial.
In a September 2020 USA Today story, researchers indicated there had been 104 documented car attacks at Black Lives Matter protests, including 8 involving police officers. Of the 104 incidents recorded, charges were filed against 39 drivers. Several of those cases have already gone to trial with a range of findings.
A number of states have passed Republican-led initiatives providing drivers with legal justification to drive through protesters. Minnesota does not have any such law passed.
[PORTLAND] – (MTN) Jeannette K Grode, 43 years old, vandalized a statue of the Lewis & Clark expedition slave York and now faces a litany of criminal charges for her actions. On June 8, Grode berated witnesses and covered the Mount Tabor Park monument in purple spraypaint while taunting people to have her arrested and claiming she was racist.
The Portland Police Bureau reported on June 10 that Grode now faces four criminal charges. Criminal Mischief II is the most serious charge, a Class A Misdemeanor that carries up to a year in jail and a $6,250 fine. She was also charged with Abuse of Venerated Objects, Unlawful Applying of Graffiti, and Vandalism of Protected Park Property and Vegetation. She was issued citations instead of arrest due to ongoing COVID restrictions limiting bookings.
Lewis and Clark and the Corps of Discovery traveled from St. Louis, Missouri, to modern-day Fort Clatsop, south of Astoria, Oregon. Among them was a slave by the name of York, who William Clark owned. York became the first African to cross North America and reach the Pacific Coast in known history.
Upon their return, York is said to have asked for his freedom which Clark denied. The historical record of what happened to York after the Corps of Discovery is unclear. Still, many believe he was either sold to a new slaveholder or was granted by Clark to move to Kentucky to be closer to his wife. It is believed he died of cholera.
The monument didn’t always have a bust of York. In 1933 a statue of Harvey W. Scott, the editor-in-chief of The Oregonian and later a principal shareholder, was erected at the summit of Mount Tabor. Scott was venerated after his untimely death in 1910. However, his legacy was already being called into question when his statue was erected 23 years later.
Scott fought in a volunteer militia in the Oregon Territory from 1855 to 1856 against the Nisqually, Muckleshoot, Puyallup, and Klickitat first nations. He supported the Union and the new Republican Party editorially during the Civil War while being an outspoken critic of women’s suffrage and public education. On October 20, 2020, his statue was toppled, and in February 2021, replaced by a bust of York by unknown parties.
There are no known drawings or artwork of York, so the bust on Mount Tabor is a representation. The statue was previously vandalized in March 2021, less than a month after its installation.
A court date for Grode has not been set.
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