SWIMMING POOL WORKSHOP
WRESTLING, HOOPS BACK IN FULL SWING See Pages A8-9
Determine the future of the Tonasket Pool; THS Commons, Tuesday, Jan. 21, 5:00 p.m.
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Appeals Court upholds Mathis murder conviction
SLED WINNERS AWAIT SNOW
Convicted of stabbing pregnant woman in 2009 with ice pick BY GARY A. DEVON MANAGING EDITOR
OLYMPIA - The Washington State Court of Appeals has upheld the firstdegree murder conviction of Tansy FaeArwen Mathis in the 2009 murder-for hire death of Michelle Kitterman. On Thursday, Jan. 9, the court rejected Mathis’ arguments that in two instances the jury was given Tansy Mathis improper instructions. She was one of four people convicted in the stabbing death of Kitterman, 25, whose body was discovered on Stalder Road in the Pine Creek area, south of Tonasket. The victim, who had been stabbed with an ice pick, was pregnant at the time of her death. The manner of Kitterman’s death and the resulting trial shocked the
county at the time. In her appeal Mathis raised two arguments that the jury was given improper instructions, according to court documents. First, she claimed the jury was instructed that it must unanimously answer “no” to the special verdict form and, second, that the instructions on factors relied on by the State for the aggravated murder charge improperly permitted the jury to find one factor based on an accomplice’s conduct, not her own. In the court’s opinion the first assignment of error was addressed in a Washington Supreme Court Decision, Guzman Nuñez, in which it overruled two prior decisions and “found that the pattern jury instruction used in Mathis’ case correctly stated the law.” In the second argument the court agreed that there was a problem with the instruction, but “the error was harmless” and went on to explain why based on the case law. Lacey Hirst-Pavek, David E. Richards and Brent L. Phillips were also convicted in the killing. Phillips pleaded guilty to first-degree murder and first-degree manslaughter. Richards was found guilty of second-degree murder and firstdegree manslaughter.
SEE APPEAL | PG A2
Mayor Spieth makes city appointments
Brent Baker & Gary DeVon/staff photos
The Gazette-Tribune and local businesses Lee Frank Mercantile of Tonasket and Hughes’ Department Store of Oroville joined forces over the holidays to give away a sled to a local kid in each community that sent a Letter to Santa Claus that we printed in our special Christmas section in December. Above, Brody McCormick receives his sled from David Kester (left) and Richard Temby of Lee Frank Mercantile. Right, Elise Kingston, 5, from Oroville Co-op Preschool, gets her sled from Jack Hughes of Hughes’ Department Store.
Pot policy and the city still are under debate BY GARY A. DEVON MANAGING EDITOR
OROVILLE – While there were no surprises in Mayor Chuck Spieth’s 2014 appointment of department heads, the city council’s first meeting of the new year, Tuesday, Jan. 7, was surprisingly short. Spieth appointed, or rather reappointed: Mick Howe, city attorney; Rod Noel, city superintendent; Kathy Jones, city clerk-treasurer; Clay Warnstaff, police chief; Chris Branch, community development director; Christian Johnson, building inspector/permit administrator; Rod Noel, fire chief and Debra Donahue, ambulance coordinator. All were confirmed by the council.
The mayor and council discussed a letter from the Mayor Rick Newby of College Place, Wash., regarding marijuana legalization. His city currently has a moratorium on marijuana retail sales outlets and grows. It wasn’t quite clear, but it appears he is asking the city to become part of a coalition to help each other fight potential challenges to whatever individual cities decide about how to handle the new law. “I think it is rather well thought out,” said Councilman Walt Hart. Oroville’s position has been that if a law is against federal law, even if it is legal it the state, it will not do anything to harm its position when applying for federal grant monies. “It’s right in their in the contract... we must obey federal law,” said Mayor Spieth. “Ultimately it says we have to comply
SEE POT | PG A2
State auditor reports NVH finding BY BRENT BAKER BBAKER@GAZETTE-TRIBUNE.COM
TONASKET - State auditors found in December that the North Valley Hospital District complied with state laws and regulations and its own policies and procedures in “most areas.” However, auditors did report an issue (known as a “finding”) regarding the use of internal labor on the hospital’s second floor construction project. Auditors determined that the district “failed to follow state procurement laws, limiting competition.” The audit covered the years 2011 and 2012. The audit describes the second floor project as originally estimated to cost $180,000, but
when the district found (after the project had started) that it had to bring existing systems up to current health and building code standards, it cost much more than that: $419,000 as of the time of the report. “The District did not formally bid the project as required,” the report states, “and exceeded its statutory authority when using day labor costing approximately $47,000 and acting as the project’s general contractor.” Three additional violations of public works laws were listed. Auditors found that policies and procedures were in place, and staff at the time was not knowledgeable when it came to state law regarding public works and bid requirements. “Most of the people work-
ing on the project are no longer working for the district,” said NVH Chief Financial Officer Helen Verhasselt at the Thursday, Jan. 9, Board of Commissioners meeting. “We had some trouble locating some of the documents. At that point we knew we needed more education, and we needed to update our policies and procedures.” Before the audit finding came out, we’d sent people to Spokane in October for additional training... We also joined MRSC (Municipal Research and Services Center)... which we now use for our small works roster.” Auditors recommended that the district “improve its accountability to citizens for the compliance with procurement laws by:
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Volume 110 No. 03
Newly-elected North Valley Hospital District Commissioner Teresa Hughes was sworn in by attorney Mick Howe (left) at last Thursday’s Board of Commissioners meeting. Returning commissioner Dick Larson (right) also took his oath of office.
Brent Baker/staff photo
• Requiring training that ensures employees responsible for the procurement have a complete understanding of applicable laws and regulations; • Establishing and following written policies and procedures to ensure state procurement
Newsroom and Advertising (509) 476-3602 gdevon@gazette-tribune.com
laws are followed and competitive practices are used.” The report stated since the district couldn’t demonstrate it received the best price for its project, or provide evidence that it provided fair competition, it could be “responsible for wages
and benefits to workers paid less than the established prevailing wage rates (and)... for claims arising under the contract or payment of taxes due to the state that the contractor did not pay.” “We had already started work-
SEE AUDIT | PG A2
INSIDE THIS EDITION Cops & Courts Letters/Opinion Community
A3 A4 A5
Classifieds/Legals A6-7 Real Estate A7 Sports A8-9
Community Obituaries
A10 A10