This particular post hits a little closer to home than most.  Those of you who know me are aware that I’m involved in the Seattle soccer scene as a referee, administrator, player and coach.  I’m also the proud parent of a soccer player and referee.  It is sad when one of our soccer family passes.   Even more tragic is that this story involves someone so young, who apparently was trying to do the right thing by keeping his friends off the road and out of trouble.

The Daily Herald’s story, written by Katya Yefimova and printed on November 16, 2009 is contained below:

Friends mourn two killed in crash

LYNNWOOD — Brandon Norton was the designated driver Friday night.

The Meadowdale High School graduate, 21, had already taken a car full of people home from a party he attended and was driving three of his other friends.

They were northbound on North Road in unincorporated Snohomish County just past 2 a.m. on Saturday when the car went off the road and smashed into a tree.

He died instantly. So did Ehlo Blacknall, 20, who sat behind Norton.

Tyler Gilbert, 20, and Trevor Moore, 21, were rushed to Harborview Medical Center in Seattle with serious injuries.

Gilbert was allowed to go home on Sunday evening. Moore was in serious condition.

Detectives from the Snohomish County sheriff’s Collision Investigation Unit on Saturday determined that the car was traveling at 70 to 80 mph when it left the road. The speed limit in the area is 35 mph. The turn is posted at 25 mph.

“He was so young and had such a good life ahead of him,” said Laurie O’Donnell, Norton’s mom, on Sunday evening.

She recalled how her son’s face would light up when he smiled, ear to ear.

A memorial of flowers and candles surrounding a makeshift cross marked the place of the crash on Sunday afternoon. More than a dozen friends and family members looked on, many choking back tears.

A poster placed against a tree read “Proud to be Meadowdale Maverick.”

Norton was a star athlete, said Lizzi Mohs, 18, of Lynnwood.

Mohs and Norton struck a friendship in middle school and were close friends in high school.

“Brandon had a great laugh,” said Mara Eberth, 19, who also came to honor her friends’ memory.

Norton wanted to play soccer professionally. He had playoffs scheduled for Saturday morning, Mohs said. She said nobody saw him drink at the party on Friday night.

On Saturday, the sheriff’s office said in a press release that it is investigating whether alcohol may have been a factor in the crash.

Temperatures in the area dipped below freezing Friday night, and there could have been ice on area roads, according to the National Weather Service.

“They were the most fun-loving, outgoing people,” Mohs said about her friends.

Blacknall lost his father as a child and went through some rough times, Mohs said. He loved skateboarding and loved life.

Mohs and other friends drove to Seattle later on Sunday to visit Moore and Gilbert in the hospital.

She said Moore was a “guardian” to his loved ones.

“It’s all about family for him,” Mohs said.

When Moore was younger, he got into a bike accident and skinned one side of his face. He now has a white eyebrow, Mohs said. It made her smile.

Mohs learned from Moore’s family that he needed surgery. She and others just hoped he would get better soon.

Gilbert spent Sunday evening with his loved ones.

He and Blacknall were always together, always making friends laugh. They even shared a home, she said.

Kim Matzen watched from her porch on Sunday afternoon as friends came and went in a steady stream, bringing more flowers, balloons and candles.

Matzen’s house is on 176th Place SW, a cul-de-sac right before North Road makes the turn where Norton and Blacknall died. She’s seen many wrecks over the years; mostly cars in a ditch, but serious crashes too.

“Rarely do people go the speed limit,” she said.

The road is narrow and curvy, and there is little room to walk on the side of the road. The traffic, however, is always heavy and Matzen is worried about kids walking to school.

“There is no room for error here,” she said.

Norton was recently acquired by Starfire Premier Soccer League’s Big Daddy Hogslayer.   The premier division team played for the league championship on Sunday night at Starfire Stadium in Tukwila, Washington.  A memorial was held for Norton prior to the game.  Romania won the match 2-1.

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Hit and run may be resolved by civil compromise.

Some imporant DUI-related rulings were handed down in Washington in October.  State v. Stalker, decided October 19, 2009 by Division I involves a DUI and Hit and Run.  This case is relevant to DUI Defense because of the significant number of Hit and Run charges that accompany DUIs. The trial court dismissed the Hit and Run on a showing of civil compromise. [A civil compromise, under RCW 10.22, allows the court to dismiss most misdemeanors if the victim declares that he or she: (1) has been paid back for all damages; and (2) does not wish to pursue criminal charges.]

In Washington, restitution cannot be ordered on a Hit and Run because the damages are not a result of the crime. The crime is leaving the scene of an accident, not the act of getting into the accident. On appeal, the Prosecution argued that the same reasoning should apply to a civil compromise of a Hit and Run. Payment for damages should not be considered restituion for the crime because the damages were not the result of any crime. In making this argument the prosecution urged the court to overturn prior precedent which specifically allowed for civl compromise of a Hit and Run.

The court of appeals agreed with the trial court and upheld the dismissal. Thus, civil compromise remains a great tool in resolving Hit and Run and many other crimes by taking discretion out of the prosecutor’s hands and placing it with the victim.

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Washington Supreme Court in Olympia

Washington Supreme Court in Olympia

Scott Winebrenner and Jesus Quezada were on deferred prosecutions in the City of Seattle for seperate DUI offenses.  Both committed and were sentenced on new DUI charges.  The Seattle Municipal Court judge revoked their deferred prosecutions and proceeded to sentencing. 

The Assistant City Attorney argued that the new DUIs should be considered “prior DUIs” for sentencing purposes on the old DUI, becaue the new charges occurred before the date of sentencing on the older charges.  As such, the City argued the defendant’s should be subject to the mandatory minimums for a 2nd DUI on the older charges.  However, if correct, this could potentially set up a situation were an individual is sentenced twice for a second offense. 

The issue for the Washington Supreme Court to decide was whether “prior offense” applies only to offenses that occurred before the current offense or whether “prior offense” includes all offenses the defendant has committed before sentencing. The Court ruled that the offense date is the relevant inquiry. A “prior” DUI is one that occurred prior to the date of the new offense.

To view entire opinion see: http://www.courts.wa.gov/opinions/pdf/812799.opn.pdf

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Fortunately for the citizens of Mayberry, Barney only has a 6-shot revolver.

Fortunately for the citizens of Mayberry, Barney only has a 6-shot revolver.

Everett police officer Troy Meade, has been charged with manslaughter in the June 10th shooting of Niles Meservey, 51. Snohomish County Deputy Prosecutor Mark Roe indicated that the use of deadly force was not justified in this case.

Meservey was shot seven times from behind while boxed in by three cars. Witnesses indciated that Meservey posed no immediate threat or imminent danger to anyone at the time he was shot.  Mead had first used his tazer on Meservey through the open driver’s window of Meservey’s Corvette. When that didn’t deter Meservey the officer allegedly stated “Time to end this,” then opened fire on the Corvette.

Meade is an eleven year veteran of the Everett Police Department. He was involved in the shooting of another suspect in 2006. That shooting was ruled justified by Roe.

This marks thes first time a Snohomish County officer was been charged in relation to a shooting in the line of duty.

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Arrested in Lynnwood?

Arrested in Lynnwood?

If you have been arrested and/or cited in the City of Lynnwood you may have received a yellow slip of paper directing you to report to jail for formal booking.  The notice states: “Prior to your scheduled arraignment you must report to the Lynnwood Police Department jail to be fingerprinted and photographed.  You must report on Tuesdays, Thursdays or Saturdays between 11:00 am. and 3:00 pm.  Bring your citation with you.” 

When an individual is arrested the police may record identifying information of the suspect, such as a physical description, fingerprints or “mug shots.”  However, once you are released from custody you cannot be compelled by the police to return for the purpose of providing this information.  That doesn’t mean they can’t ask.  If you want to spend your time going to the police station to submit to these invasive procedures no one can stop you.  But, in my opinion, there are better ways to spend a day. 

If the police approach you about this you should immediately ask to contact your attorney.  On the other hand, under certain circumstances, a court may issue an order compelling you to provide fingerprints, or other evidence.  Again, contact your attorney if you are served with such an order.

To be clear, this is much different than your Sixth Amendment right to an attorney and your Fifth Amendment right to remain silent.  If you are contacted by the police you should always ask if you are free to leave.  If you are, then leave.  If not, then assume you are under arrest.  If you are under arrest you should always exercise your right to an attorney and never answer questions or take tests without consulting an attorney first. 

Also, if you are under arrest the officer may conduct a search of your person and belongings.   Do not obstruct the search.  Never consent to any search (Did I say never? I meant never, ever, ever…).  If the officer has authority to search he or she will do so with or without your permission.  On the other hand, if the officer lacks authority to search (and you have not consented) it may lead to the exclusion of any and all evidence.

In general it is always a good idea to consult an attorney before talking to police.  If you have received one of these notices and feel compelled to comply please consult a Lynnwood Criminal Defense Attorney to discuss your decision before contacting the police department.

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