Minjares Makes Case for Prosecuting Attorney Race

Above: Local attorney Victor Minjares is running for Thurston County Prosecuting Attorney on the issues of reform, respect, and justice.

Change Needed in Local Law and Justice Department Culture, says Minjares

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

“There are serious issues with the criminal justice system in Thurston County,” local attorney Victor Minjares said in a recent interview with Little Hollywood.

While some know the criminal justice system only through television shows like Perry Mason or Law and Order, others know it all too well in real life.

Reflective of the national examination on implicit bias, socio-economic and racial injustice and other systemic issues beleaguering the law and justice community, Minjares is running for Thurston County prosecuting attorney on a campaign of reform.

Minjares says he wants to change the culture within the office that hasn't seen a change in decades.

The position of prosecuting attorney and the issues associated with it may not be on voters’ radar because current prosecuting attorney Jon Tunheim, who is running for his third term, has never had a challenger. Each term is four years.

Before Tunheim, Ed Holm had been prosecutor for three terms, from 1999 to 2010. After Holm was sued by three female deputy prosecutors in his office for sexual harassment and won their case, he chose not to run for reelection. 

Tunheim, who was chief criminal deputy prosecutor at the time, ran for the position and won, and won reelection in 2014.

According to his biography, Tunheim first joined the Thurston County Prosecuting Attorney’s Office as a legal intern in 1988 and has won many awards for his community service.

Minjares and Tunheim are running as Democrats. The position pays an annual salary of $169,187. Fifty percent of the salary is paid by the county and fifty percent is paid by the State of Washington. 

Making His Case

Minjares has 30 years of experience handling criminal, civil, appellate, and administrative cases in state and federal courts. He moved to Olympia in 2006 from Los Angeles, California and is a graduate of Pomona College and Stanford Law School. 

A civil attorney in private practice, he now represents nonprofit organizations, individuals, and small businesses in Washington and California courts.

From 2008 – 2014, Minjares served Thurston County District Court as a Judge Pro Tem, presiding over misdemeanors, civil cases brought by pro se litigants, infractions, restraint petitions, and criminal calendars.

During much of that same time, Minjares was an assistant attorney general in the Torts Division of the Washington State Attorney General's Office, responsible for defending state agencies in civil damage lawsuits in federal and state court.

His resume is long and his experience is deep and varied. Early in his career in Los Angeles, Minjares was a criminal prosecutor for 15 years, sending criminals to prison for murders, robberies, home invasions, and other serious felonies.

He lives in Thurston County with his wife and children. He is active in the community and has served on several boards. 

The Role of the Prosecuting Attorney’s Office

Little Hollywood asked Minjares about the responsibilities of the office, the issues he sees, court diversion programs and alternatives to incarceration, the case of Andre Thompson and Bryson Chaplin, the two young African American men who were shot by a white Olympia police officer in 2015, and a recent independent study of the county’s court system.

“There’s a lot of things wrong with the prosecutor attorney office – a lot of waste, a lack of supervision, a lack of respect for the office itself and the power it holds. I want to bring in reform, bring back respect, both for the office and for the public, for the courts.

“I want to bring a general sense of justice to the job, justice above all else, even if that means walking in and dismissing because you got it wrong, fixing a case because you accidently convicted the wrong person, or charging someone who is very popular because they did a serious crime….”

Asked for specifics, Minjares said he wants to create a conviction integrity unit with outside experts to review evidence and sentences and determine whether or not errors were made. 

“When I talk to criminal defense attorneys and individuals, they tell me stories of their interactions and that it is not the policy to immediately turn over evidence showing when someone is innocent. They make defense attorneys fight for it and in fact, there’s a lot of litigation about that in our courts. The obligation of a prosecutor is not to withhold information. If he finds that a witness has changed their story, or finds a new witness that shows that the defendant is innocent, the obligation is to contact the other side and say, ‘Hey, you might want to talk to this witness.’”

“Here (in Thurston County), they let them know right before the trial, which causes a continuance of a case, and that is a violation of speedy trial rights of the defendant,” he said.

“If I’m prosecutor, the evidence will get turned over right away. Then we can argue in court whether it is relevant or admissible – the defense is going to get the information at the earliest opportunity.

“One, it’s the right thing to do. Two, it’s more efficient. You know what the case is worth early on and decide how to plead…or decide whether it needs to go to trial….To wait until the last minute is unethical and inefficient.”

Minjares said that when people sit around waiting for their case to come up, they may lose their job and increase the strain on the social service system.

Minjares says it costs $42,000 a year to house someone in the county jail and even more in the state system. 

“Some people need to go to prison...but when you do that…when you send someone away to prison or jail, you’re increasing the costs on the county through a myriad of factors that don’t show up on the balance sheet…but they are there and they are real,” he said.

“Did you know most of the people who are sitting in Thurston County jail right are not guilty of any crime? They are awaiting trial. I’d like to examine better methods of releasing people on their own recognizance, or setting a low bail when it's warranted, for relatively minor offenses...like low-level misdemeanors or drug offenses. People should not be sitting in jail simply because they cannot afford $1,000 to make a $10,000 bond, for example.”

Thurston County Statistics

The Prosecuting Attorney’s Office has a civil division and a criminal division.

The civil division of the prosecuting attorney's office serves as the attorney for Thurston County, providing legal advice and representation to the county elected officials, departments, and independent boards and commissions.

The criminal division receives referrals from law enforcement agencies to review for possible criminal charges.

According to the Prosecuting Attorney’s website, the office leads a team of 32 lawyers and 37 support staff.

In 2016, 1,606 felony cases were filed (325 were felony domestic violence cases and 145 felony sexual assault and/or child abuse cases), 2,017 misdemeanor cases (445 were misdemeanor domestic violence cases), 502 juvenile cases, 167 defendants received services in the drug court program, 16 defendants in DUI court, 48 defendants enrolled in mental health court and 22 defendants in veteran court.

The office also processes over 1,800 child support cases each year while also serving as a law firm for all Thurston County Government offices.

Minjares was asked to comment on those numbers and whether they are reflective of a community the size and demographics of Thurston County. He says the statistics don’t tell the whole story.

“Of those 32 attorneys, around six are civil attorneys, the rest criminal. Thirty two lawyers is not a large office… (but) there’s no supervision by the prosecutor. It should be part of the job. The prosecutor goes to meetings and has no idea of what’s going on in his own office. It’s really a free for all. Our crime rate is steady in the county but the sentences are going up. The maximum sentence is not the solution to all problems, which it seems to be in that office.”

Minjares was asked why the jail is overflowing if crime is steady and why the sentences are going up.

“Well, if I’m an individual prosecutor left to my own devices, to me, to be successful is to get a maximum sentence for the charge. However, you can’t let prosecutors seek that in every case. You have to supervise them so you don’t overflow the jails, bankrupt the county and bankrupt the state.”

“I want to open up the black box that is the Prosecuting Attorney’s office. They do not really give statistics that don’t make them look like they’re doing a good job. I want to use our sunshine policies in this state and apply them to the prosecutor’s office so the public can see for themselves what is happening. Raw numbers like this that they are putting out don’t tell you if they are being fairly prosecuted, or if prosecutors are sanctioned for breaking the rules,” he said.

System, Jail Alternatives

Seventy five percent of the county’s budget goes to law and justice and that includes the courts, the jail system, the sheriff’s office, public counsel, and probation services.

Thurston County has several court diversion programs, including a drug court, a mental health court, and a veteran court.

“It’s expensive to run a courtroom - about $9,000 a day. I’m in favor of (these diversion) courts and what they are trying to accomplish, but they are expensive. We need to rely more on diversion before they enter the criminal justice system.”

Minjares described a successful law enforcement assisted diversion (LEAD) program that began in Seattle.

“It’s intended to keep low level offenders out of the system before they are booked and enter the whole hamster wheel of the system. It’s a pre-booking diversion program. They tried to start the program here in Thurston County but after six to eight months, they have had just one person enter the program. It’s up to the prosecutor’s office to agree that it’s used or not. Look at what it’s costing our system to not use that program. The prosecutor’s office has failed on that one,” he said.

Studies of Thurston County Courts

Minjares was asked about the Thurston County District Court report conducted last year by staff of the Center for Court Innovation and the National Council of Juvenile and Family Court Judges (NCJFCJ).

To assess the court’s strengths and weaknesses regarding access to justice, NCJFCJ staff conducted a three day tour of the Thurston County Courthouse and anonymously observed the court process and procedures.

In the report, several recommendations for improvement were made. The report is available at http://www.co.thurston.wa.us/distcrt/docs/TCDC_Report.pdf

Minjares also referred to The National Center for State Courts (NCIC) report about Thurston County Superior Court. A link to that report, “NCSC Felony Caseflow and Calendaring Study of Thurston County Superior Court” is at: http://www.co.thurston.wa.us/superior/documents/ncsc-report-20170601.pdf

Minjares said the report’s findings were enlightening and overdue.

Above: Center for Court Innovation and NCJFCJ staff observed the courthouse complex signage. They reported that the signage was unclear and difficult to follow, “which made it even more frustrating to navigate an already confusing courthouse layout,” did not make clear what kinds of cases were heard in those courtrooms, and did not use multiple languages. “This is even more problematic since there is another court campus in another part of the county that hears family and juvenile matters which may further confuse litigants,” says the report.

Andre Thompson and Bryson Chaplin Case

Little Hollywood asked Minjares about specific cases such as the one in which charges were brought against Andre Thompson and Bryson Chaplin, two young African American men who were shot by a white Olympia police officer in 2015. 

“I can’t comment on the specifics of the case unless I have all the evidence in front of me, which I don’t, however, I will say I was rather surprised at the charging decisions made after that shooting. I would like to know a lot more about that to know what justified that level of, what seems like, retribution against those two individuals.

“I am not someone who believes that people who commit crimes should be let off but then again, there is justice involved in how to weigh certain factors in any situation,” he said.

“That investigation by the prosecutor took a long time and where are the recommendations regarding possible police policy changes that might lessen the chances of a similar confrontation in the future?” he asked.

“….The prosecuting attorney is supposed to be for the people of Thurston County. Part of the job of the prosecuting attorney’s office is to make sure the system works better. Dodging that responsibility has been a very pervasive failure….”

True reform methods are often below the radar for a lot of people who are not intimately involved in the issue, and while the need for a new courthouse is a given, it isn’t going to solve a problem with the culture, he says.

Little Hollywood asked Minjares if he has a real life role model for prosecuting attorney and law and justice reform.

Minjares mentioned his former Stanford classmate, Larry Krasner, who is now district attorney of Philadelphia.

“He ran on a campaign of reform and while I’d tailor it to Thurston County, he and others seeking to bring real justice to the prosecuting and district attorney offices across the country is really something to watch,” he said.

Above: Victor Minjares greets attendees at his campaign kick-off party on Wednesday.

About 60 enthusiastic people attended his campaign kick-off party at the historic Jacob Smith House in Lacey on Wednesday night.

Olympia city councilmembers Renata Rollins and Lisa Parshley spoke in support of his candidacy, as did Keoki Kauanoe, chair of the Washington State Progressive Caucus, and Steffani Powell, a local immigration attorney.

Powell described the qualities of a good prosecutor and the growing power of the prosecutor position across the country. 

Most prosecuting attorneys in the United States are Caucasian.

“….Their power is immense. They get to decide who to charge and the type and number of charges leveled against an individual….Many prosecutors run unopposed across the country and have strong party ties....When there is unchecked power, problems often follow. Prosecutors are the most powerful officials in the American criminal justice system,” said Powell.

Editor’s Note, May 6: Little Hollywood made a few clean-up edits to the original story, such as correcting the spelling of local immigration attorney Steffani Powell’s name and clarifying that the LEAD program is a pre-booking diversion program, not a “pre-diversion program.”

In the interview, Minjares also referred to The National Center for State Courts (NCIC) report about Thurston County Superior Court. That paragraph was dropped off in editing. 

For more links and information about Thurston County Prosecutor Jon Tunheim, his findings about the police officer involved shooting of Andre Thompson and Bryson Chaplin in 2015, the community response, and Olympia police and community relations, go to Little Hollywood at www.janineslittlehollywood.blogspot.com and type keywords into the search button.

Case Closed: Yoos Pleads Guilty with Alford Plea

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

Scott Yoos, an Olympia man accused of a felony assault against a police officer, today pleaded guilty with an Alford plea to two counts, one for criminal trespass and one for obstructing a law enforcement officer.

In negotiations between Yoos, his attorney, Larry Hildes, and Thurston County Prosecuting Attorney J. Andrew Toynbee, the change in plea thus ended a 26 month ordeal for Yoos, and everyone else involved.

Yoos, 47, can hear, but cannot speak due to a head injury from a beating he suffered while hitchhiking in 1984.

On June 1, 2011, Yoos was cited for criminal trespass and obstructing justice while riding on his bicycle through Olympia at 11:30 p.m. toward his home on Martin Way. Yoos stopped to throw some dirty napkins in a Dumpster located at 2302 Fourth Avenue, near Twister Donuts, and within minutes, officers converged on Yoos. Yoos' method of communication, pen and paper, were taken away, and his attempts to communicate using sign language were interpreted by officers as violent behavior.

The case was bumped up to a felony after Olympia Police Department Sergeant Paul Johnson filed a report weeks after the situation, alleging that Yoos had kicked him during the scuffle. Yoos denies kicking Sergeant Johnson, and the alleged kick did not require medical attention.

Under the Alford plea, a defendant admits that sufficient evidence exists in which the prosecution could likely convince a judge or jury to find the defendant guilty if a case goes to trial. Yoos is contesting the facts but agreed that the facts in the police reports are sufficient that he could be found guilty. 

After several fitful starts, interruptions, and a court recess, Yoos, through a sign language interpreter, said today that he understood the rights he would give up by pleading guilty, and that the court did not need to necessarily adhere to the recommendations of the State, represented by Toynbee.

The five page document recommended, in part, that jail time be suspended, and that a $250 crime victim fund fee and a $200 filing fee be paid.

Judge Carol Murphy presided over the status hearing, saying that the court is not required to follow the State's recommendation. In the end, she did.

Hildes, in his statement on Yoos' behalf, said that Yoos has no criminal history, cares about his community, and that Yoos' biggest concern is to make sure that changes are made in law enforcement protocols, such as the use of police video cameras.

"He's one of the best hearted people I have ever met," said Hildes.

Yoos, through an interpreter, said to the court, "This whole thing has been very draining on many levels, physically and psychologically and financially, and I feel like I can no longer afford to swim in this pool. I want to see that video is installed in all of the OPD, Olympia Police Department, patrol cars or in the uniform. This all would never have happened if I had a recording, a recorded witness, to back me up. As it is now, it is four against one and my chances in trial would not be wonderful. It's very frustrating but I would be - I will be - happy to be done with this."

Murphy said that it is the court's opinion that Mr. Yoos has been very respectful in the courtroom, and consistently on time. She said she wished she could say the same for his attorney, Mr. Hildes, who often arrived late for court appearances. Hildes lives in Bellingham. 

She added that she appreciated Mr. Yoos' difficulty in navigating the justice system and the time it has taken for everyone to come to this resolution.

A Scott Yoos Legal Defense Fund account has been set up at the Washington State Employees Credit Union. To pay Yoos' remaining expenses as a result of his case, donations to the fund may be made at any credit union branch.

OPD and the Feasibility of Patrol Car Video Cameras

Asked by this reporter late last month about the Olympia Police Department's (OPD) time and costs expended by OPD on the Yoos case specifically, Laura Wohl, OPD's spokesperson, said she could not estimate the cost. 

"The reason that costs aren’t available is that we don’t track such things by the case. For example, we track overtime according to what it is used for generically: to fill short shifts, to staff events, for court time, etc. We don’t track straight time in a case-by-case manner, either. Instead, officers work on many things during their regular shifts and the time is simply noted as regular shift hours....They may be investigating multiple cases when they are in the field, at the same time they may need to respond to an emergency call."

Asked about the department's interest in and cost of video cameras in patrol cars, she said, "Yes, the department has investigated the use of video cameras in our vehicles. The cost of the equipment is approximately $6000 each plus one-time infrastructure (antennae, computer server for storing the video, etc.) costs of about $10,000. The department has received grant funding to buy up to six cameras, although we do not have funding to equip all of our cars."  

Asked how many patrol cars there are in Olympia's fleet, Wohl said, "We currently have 20 marked patrol vehicles assigned to patrol shifts and to our traffic unit, as well as an additional two vehicles used by field supervisors. We have another 28 vehicles (some marked, some not) that are used by detectives, administration, the jail, the volunteer program, the school resource officer program, the training program, and our evidence/crime scene investigation team."

 

Wohl added, "OPD is in favor of in-car video. We believe that it provides important information about incidents that happen in the field that helps protect both citizens and officers. We had planned to implement in-car video in 2012 with the funding we had identified. However, staffing shortages and other high-priority projects delayed implementation."

 

"Recently, court decisions have raised questions about the retention of in-car videos. Additional retention requirements may significantly impact the workload needed to manage the storage and dissemination of in-car videos. We are still assessing what resources would be required to manage the videos and whether an in-car video program is feasible," Wohl said.

For more information and several articles about Yoos' case, use the search button and use key words on this blog at ww.janineslittlehollywood.blogspot.com.

Yoos Case: Motion To Dismiss Denied

Yoos Case: Motion To Dismiss Denied

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The motion to dismiss a felony case against Scott Yoos, an Olympia man who is mute, was denied yesterday by Thurston County Superior Court Judge Christine Pomeroy.  

A date of August 12 has been set for the case to now go to trial with a twelve person jury.  This date could be changed if Yoos' attorney, Larry Hildes, asks for a delay to prepare for the case.

Yoos, 47, can hear, but cannot speak due to a head injury from a beating he suffered in 1984. (For more information and several articles about Yoos' case, use the search button and use key words on this blog at www.janineslittlehollywood.blogspot.com).

Immediately following the court's decision, Yoos motioned this reporter to come over and read what he was writing.
 
"The city of Olympia needs video cameras - I would have been entirely vindicated with a recorded witness, either on the patrol cars or attached to officer's uniforms. I've seen some very sophisticated cameras under $1,000 each."
 
Asking him what he does now, Yoos wrote, “I’ll scheme with the attorney, hopefully rest a bit.”

Case History

 Accused of a felony assault against a police officer, Yoos was initially cited for criminal trespass and obstructing justice on June 1, 2011. On that date, Yoos was riding on his bicycle through downtown Olympia at 11:30 p.m. toward his home on Martin Way, when he stopped to throw some dirty napkins in a Dumpster located at 2302 Fourth Avenue, near Twister Donuts, in Olympia.

Within minutes, several officers converged on Yoos. Yoos’ method of communication, pen and paper, were taken away, and his attempts to communicate using sign language were interpreted by officers as violent behavior.  Yoos is 5'9 and weighs about 155 pounds.

The case was bumped up to a felony after Olympia Police Department Sergeant Paul Johnson filed a report weeks after the situation, alleging that Yoos had kicked him during the scuffle. The alleged kick did not require medical treatment. Yoos denies kicking Sergeant Johnson.

Yoos’ case has dragged on for 26 months. There have been repeated delays in the case, many of them because a court-appointed sign language interpreter was not provided or available.  Larry Hildes, his attorney, has repeatedly asked the court for a motion to dismiss the case, based on discriminatory actions by the arresting law enforcement officers.

In what has amounted to several days of actual testimony in which Yoos and three law enforcement officers involved in the case testified, Olympia Police Department officers Officer Randy Wilson, Officer S. Costello, and Officer Jason Watkins, Judge Pomeroy ruled that the officers’ actions were justified, and that they had a reasonable right to stop and detain Mr. Yoos.  She further explained that their actions were not discriminatory, citing, in the court’s opinion, that it was Mr. Yoos’ repeated attempts to leave the scene that made the situation escalate.

Hildes repeatedly argued that Yoos was unjustly arrested and silenced because the officers did not have the proper training to deal with Yoos’ disability, and, after the officers made a series of assumptions, allowed the situation to escalate.

In his closing arguments, Hildes was assertive, saying in part, "Officers are supposed to deescalate situations...It became a power struggle, respect for the officers, forcing him to do what they wanted him to do and he just wanted to communicate, that's the discrimination. But for the lack of training, experience, and policy, there would not have been an incident. Dismiss this case. But for the discriminatory result, there would be no case...."

Thurston County prosecuting attorney J. Andrew Toynbee, appearing cool and calm in his demeanor, said in his closing argument, in part, "...over three days, the officers have testified and are able to give you a reason for everything...I'm telling the court they did nothing wrong. The defendant did not wish to communicate. In fact, he kept trying to leave...when asked, he did not write his name and birthdate...they had business to conduct with him. They had a reason to talk with him...there was not a lack of training or desire to communicate...he kept trying to leave....this was a dynamic situation, things happened quickly."

Citing case law, Toynbee said that the officers had justification to take action and it had nothing to do with discrimination against Mr. Yoos.

Hildes argued that it was not a dynamic situation, that they were standing there having a written exchange until Officer Wilson intentionally took his pad of paper away, preventing Yoos from further communication.

"This was like putting a gag in his mouth, intentionally using his disability against him."

Sample Testimony

Today, two sign language interpreters were available to accommodate Yoos’ method of sign language, which is signs and finger spelling. The process is time-consuming. When changes in words occurs, it is not clear if it is Yoos changing what he is saying or if the sign language interpreter misinterpreted his finger spelling. Yoos quickly corrected the interpreter if she misinterpreted his words.

The following is a portion of an unofficial transcription as heard and written by this reporter of yesterday's testimony by Yoos, when questioned by his attorney.

Hildes: Were you trying to be uncooperative?

Yoos: No, I just wanted to go home to bed and it was a little frightening to have this armed man immediately arrest me and accuse me of something that I had not done.

Hildes: Did you attempt to communicate that to him?

Yoos: I had my communication tools all taken away from me and I was just trying to sign to them.

Hildes: Did they stop trying to communicate to you at that point?

Yoos: They were interested in arresting me and attacking me.

Moments later:

Hildes: Did you attempt to leave?

Yoos: I didn’t try to “leave” three times like Costello claims that I – no, no.

Later:

Hildes: At the time, if they had communicated with you, would you have communicated with them?

Yoos: I am not a criminal. I am a former Eagle Scout, so, and preacher’s kid. I never threatened any of the police officers.

Hildes: Was it your intention to resist them?

Yoos: No, I didn’t think it was right for them to steal my bicycle and my Walkman, my wallet, my bag and all of the papers I had in my backpack and in my pocket.

Hildes: What made you think they were stealing?

Yoos: When someone violently takes something from you, that’s stealing.

Hildes: Why did you feel like it was stealing?

Yoos: I did nothing wrong and I couldn’t communicate and it was very frustrating to me.

Hildes: Were you frightened?

Yoos: Of course – there were four armed men.

Hildes: What were you wearing – what did you have on your feet?

Yoos: I was riding my bicycle with lightweight sandals like TEVA’s but cheaper.

Hildes: And you were wearing a reflective vest, correct?

Yoos: Yes.

Hildes: So you weren’t trying to sneak into the parking lot?

Yoos: No, of course not.

Hildes: So you weren’t trying to break into the donut shop?

Yoos: Please, no.

Later:

Hildes: Did you ever attempt to resist the officers?

Yoos: I only tried to communicate with Watkins by pulling in my arms so they could not cuff me again.

Hildes: Why did you do that?

Yoos: Because I needed to tell them – I needed my voice.

Hildes: So you were just trying to communicate?

Yoos: Yes.

Later:

Hildes: What frightened you about this incident?

Yoos: I had been – I was being – unjustly arrested and accused of things which I was not guilty of and physically, and I was having armed men approaching me at night.

Hildes: Was it also because they took away your ability to communicate?

Yoos: That was very frightening and frustrating to me…it was Wilson who took the pad and my communication away.

Hildes: So the officer already did that?

Yoos: Yes.

Hildes: And you were already communicating with him about the incident when he took the pad away from you?

Yoos: Yea, briefly. There are only, like, two or three back and forth conversations.

Later:

Hildes: He could have kept on writing and you would have kept responding, right?

Yoos:  Yes.

Hildes: Did you give him any reason that you didn’t want to communicate with him?

Yoos: I just wanted to go back home….I felt threatened and harassed but I was entirely willing to write back and forth with him.

With his attorney and friends, and while seated with his interpreter during the hearing, Yoos was using a new gizmo to communicate, a little black  LCD writing tablet called a Boogie Board. One button touch erases his words between thoughts. Asked about it during a break, Yoos wrote, “It was a surprise gift from a friend’s friend who won it in a raffle and sent it to me in the mail from Texas.”

Asked how he likes it, Yoos wrote, “It’s low battery use, it’s “supposed” to go about six years. It is the bottom of the line cheapest model  - he points to the back that says it’s from www.improveelectronics.com - but it’s just what I need. A lot better from markers, cuz those are very messy and are always drying out on me. Plus, no fumes.”  Many of his friends had difficulty reading the dark blue lettering against the black board but took the time to read his writings.

Yoos looked pale and drawn. During another break, he was asked how he feels. He wrote that his red nose and sniffles was the result of allergies.

Asked how he is holding up in general, Yoos wrote, “It’s been hanging over me for 26 months with over 20 court appearances counting the city ones – s’been hellacious – I’m not able to consider adopting a pup….”
 
Interview with Thurston County Prosecuting Attorney J. Andrew Toynbee

In a telephone interview this morning with Thurston County Chief Prosecuting Attorney J. Andrew Toynbee, who has pursued and argued the case against Yoos, Toynbee was asked what happens next. 


Toynbee said the case is scheduled to go to trial and Yoos could be convicted of assault of the third degree with a sentence of one to three months in jail, acquitted, or, he could accept a plea offer to a lesser charge.

“I’m not interested in sending Mr. Yoos to jail,” said Toynbee.  “I have made several attempts for plea offers in the past but Mr. Yoos’ attorney, Larry Hildes, has not entertained them.”

Asked why Thurston County is pursuing this case, Toynbee said, “We take assaults on officers very, very seriously, that’s the reason."

Asked what he wants from Yoos, Toynbee responded, “My goal is to have Mr. Yoos take some accountability for his actions.”

Asked why Sergeant Paul Johnson, the officer who was allegedly kicked by Yoos, did not testify, Toynbee said, “The motion only focused on one issue – whether law enforcement was discriminatory in their actions. Sergeant Johnson didn’t take action, he oversaw the situation after he arrived, but he would be called to trial. He could have testified, but it (the hearing) was going on and on….”

Asked if he thinks it’s a problem that Sergeant Johnson’s report is dated weeks after the incident, (it is dated June 27), and unsigned, Toynbee said, “No, I don’t think it’s a problem. Two officers, Costello and Wilson saw it (the kick).”

Asked how much Thurston County has spent thus far on Yoos’ case, Toynbee said he is a salaried employee and doesn’t know how much has been spent.