News writer of the year by The Newport Miner

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MAY 10, 2017 |

Drinking Water Week is May 7-13

b r i e f ly Cusick blood drive May 24 CUSICK – The Inland Northwest Blood Center is holding a blood drive Wednesday, May 24 at Cusick High School, from 11:30 a.m. to 2:30 p.m. Local volunteers are led by Tim Pontius.

Governor’s Summit offers new learning for local businesses COLVILLE – Business and community leaders can learn new skills and acquire useful resources at the Governor’s Summit on Career Connected Learning Wednesday, May 31, 10 a.m. to 1:30 p.m. at 986 S. Main in Colville. Cost is $7 and includes lunch and beverages. Participants will learn about career connected assets, and how to determine local priorities and policy recommendations that fit their communities. To register go to www. washingotnstem.org/ GovernorsSummit. For more information, call Debra Hansen at 509-684-2588.

Vaping ordinance topic of hearing May 17 NEWPORT – A public hearing for a proposed vaping ordinance will take place at the Newport Hospital and Health Services, Sandifur Room at 714 W. Pine St., in Newport at noon, Wednesday, May 17. Northeast Tri County Health District is proposing making vaping illegal in the same places smoking is illegal. If approved, it would apply to Pend Oreille, Stevens and Ferry counties. The idea, according to Kelly LeCaire of Northeast Tri County Health District, is to prevent secondhand exposure to vapor. Written comment will be accepted through Sept. 20, at 4:30 p.m. Send comments to: N.E. Tri County Health District, 240 E. Dominion Ave., Colville, WA 99114. The hearing will follow the regular meeting of the Board of Health of Northeast Tri County Health District, which will be held at 10 a.m. The public is invited and encouraged to attend. Public input is welcome. Call 509-684-1301 for more information about the vaping ordinance.

corrections It was mistakenly printed in last week’s Miner that the purpose of the annual Child Abuse Awareness Walk is meant to provide resorces and education on domestic violence (‘Walk for child abuse prevention’ The Miner, May 3). Its purpose is to provide resources and to prevent child abuse. We regret any confusion this caused. The wrong name was printed for resigned former Pend Oreille County Sheriff’s Deputy Jon Carman in last week’s Miner (‘Sheriff’s office faces staffing challenges’ Miner May 3). We regret any confusion this caused.

Miner photo|Don Gronning

Old time travel now Kelly Hunter was riding her horse Peaches through Newport when the classic car drove by Thursday, May 11. Hunter said she brought the horse into town to eat her lawn down.

NEWPORT – Pend Oreille PUD joined water professionals across North America recognizing the week of May 7-13, as “Drinking Water Week” in an effort to raise awareness of the vital role water plays in daily lives. The PUD encourages its customer-owners to help ensure the delivery of safe drinking water well into the future by practicing conservation and protecting source waters from pollution. “Drinking Water Week is an opportunity to raise awareness of how consumers can be actively engaged in their water service,” Water Systems Manager Mark Scott said. “Practicing conservation, being aware of how to check for and fix leaks and supporting the PUD’s investments in water infrastructure will help protect this vital resource. “Our PUD has worked in cooperation with other PUDs and water providers across the state to ensure continued See water, 5A

Hearing gives insight into system By Don Gronning Of the Miner

NEWPORT – A contested revocation of a Drug Offender Sentencing Alternative sentence provides a look inside the system of the area’s sole treatment provider for DOSA sentences. Robert James Kelly, 23, was given a DOSA sentence last February after pleading guilty to residential burglary. He was to serve three to six months in treatment at an American Behavioral Health Services facility. Kelly was kicked out of the ABHS program after a confrontation with another person in treatment. Prosecuting attorney Brookes Clemmons opposed the DOSA sentence to begin with. He felt Kelly wasn’t amenable to treatment and wanted him sent to prison. He continued that pursuit Thursday, April 26, in Pend Oreille County Superior Court when he tried to have Kelly’s DOSA sentence revoked and Kelly sent to prison. Defense attorney Robin McCroskey didn’t stipulate that Kelly had committed a violation. She acknowledged he had been kicked out, but said it wasn’t voluntary. A hearing was held. ABHS counselor Doug Walker testified by phone. He said Kelly had been in treatment for chemical dependency. He said Kelly was a potential danger because he stood up and confronted a person who was challenging him in the group therapy session. Kelly, who has been dual diagnosed with a substance use disorder and mental health problems, including a bi polar condition and attention deficit disorder, thought he was going to the mental health division of American Behavioral Health Services when he got on the bus to go to treatment. ABHS operates both a chemical dependency treatment facility and a smaller mental health treatment center. The mental health facility is called Cazza. The bus driver told him he wasn’t going to Cazza, but that he should give the larger facility a couple weeks. Clemmons asked how

Kelly fit in at ABHS. Walker said sometimes Kelly conformed and sometimes not. Kelly told him he was supposed to go to Cazza. He said that Kelly said he had problems concentrating and been taking Adderall before coming to ABHS but that the Department of Corrections didn’t permit it at ABHS. He said Kelly acknowledged being teased by other patients but had said he could handle it. Clemmons asked if Kelly had a chance of success at ABHS. Walker said yes but that he would have better success at Cazza. He said he had renewed a request to have Kelly transferred there but Kelly had declined. He said that wasn’t unusual. McCroskey asked where Kelly was supposed to go, the drug treatment facility or the mental health facility. Walker said Kelly told him Cazza, the mental health unit. She asked when he decided the mental health unit was best. Walker said after their first meeting. McCroskey asked why Kelly would not want to go to Cazza. Walker said that he didn’t want to start over, that clients usually oppose changing groups. Jeff Hawkins from the Department of Corrections was in court to

testify but Clemmons didn’t call him. Monasmith wanted to hear from him, though. Hawkins said he had been in contact with Kelly many times and he had been volatile and had a lack of impulse control. When he learned Kelly had been terminated from the ABHS program, he was prepared for a confrontation and put together an arrest team. Hawkins said when he had met with Kelly at ABHS, he saw a different person, more clear and more mature. “I had the impression he had made significant change,” Hawkins said. Monasmith asked if Kelly had Adderall at ABHS. Hawkins said he didn’t know. Monasmith said that Walker had said that if would be helpful if DOC recommended Kelly go to CAZZA. Hawkins said he wasn’t a mental health professional. Monasmith asked who evaluated Kelly for treatment. Hawkins said the DOC doesn’t do residential DOSA evaluations but for some reason Kelly was evaluated for a prison based DOSA by the DOC. McCroskey asked if he thought Kelly would be better off at Cazza. Hawkins said yes. Kelly testified that he See system, 5A

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MAY 10, 2017 |

McMorris Rodgers, Labrador comment on health care bill WASHINGTON D.C. – U.S. Representatives Cathy McMorris Rodgers, R-Wash., and Raul Labrador, R-Idaho, released statements about why they supported the American Health Care Act (ACHA) that narrowly passed the House of Representatives last week. McMorris Rodgers: “Seven years ago, I stood on the floor of the House and watched Obamacare pass. I will never forget the feeling – watching as, with each vote cast, the American people’s freedoms were slipping away. Republicans were powerless to stop the impending wave of expensive, burdensome policy. The already failing status quo in health care was about to get so much worse. Unfortunately, our biggest fears came true. Obamacare, though well-intentioned, failed its goals and failed in its promises. Since that moment, we’ve been on a rescue mission. “Today is historic. With the American Health Care Act, the House voted to keep its promise to the American people: we’re going to repeal Obamacare and replace it with a health care system that puts them – not the federal government – in control of their health care decisions.

After marathon markups, listening to feedback from doctors and patients and advocates, and tough conversations with our colleagues, we came together to ensure this bill that will improve lives. I’m very proud of our work, and of the leadership of my colleagues who have been working on these reforms for years. “My top priority throughout this process has been protecting people with pre-existing conditions and giving them peace of mind to know that they have access to care. The American Health Care Act guarantees that access to health insurance coverage can’t be denied for people with pre-existing conditions, and empowers states to innovate with new models for better patient outcomes at a lower cost with the Patient and State Stability Fund. “For the millions of Americans who have been struggling to find affordable, reliable health care coverage, or had one – or no – option in health care providers, this is a victory. Our work on reforms to the health care marketplace will continue. This was only one part of our three-part process to repeal and replace Obamacare. In parts two and three, Health and

Human Services Secretary Tom Price, M.D. will make reforms through his authority, and we will work on common sense reforms – like being able to purchase insurance across state lines – to help lower costs and increase access. We are committed to achieving a better health care future for every American.” Raul Labrador: “All across Idaho, families and small business owners are struggling to keep up with skyrocketing health care costs caused by Obamacare. The people of Idaho know Obamacare is a disaster and want it fully repealed. Since I was first elected to Congress, I’ve been working to repeal Obamacare and that includes opposing the first version of the American Health Care Act. “Over the last few months, I have been working to improve the AHCA, joining with my colleagues in the House Freedom Caucus. We have negotiated legislation that keeps our promise to the American people to lower health care costs while also protecting those with pre-existing conditions. Furthermore, unlike the first version of AHCA, our bill showed it had enough support to actually pass

the House. “The bill we passed today strikes down Obamacare’s prohibition on less expensive health care plans and the knot of insurance regulations and mandates that are making health coverage so unaffordable. Meanwhile, it sets up a national $130 billion invisible high-risk pool to help offset the cost for those with pre-existing conditions. “The Democrats keep insisting the AHCA will eliminate coverage for those with pre-existing conditions. That’s not true, and it’s not the first time the Democrats haven’t told the truth about Obamacare. When they said Obamacare would lower health insurance premiums, it wasn’t true. “When they said ‘if you like your health care plan, you can keep your plan,’ it wasn’t true. When they said Obamacare would lower out-ofpocket expenses, it wasn’t true. If they didn’t tell the truth about everything else, why should anyone believe them now about pre-existing conditions? “Our work is far from done, however. We need to fully repeal Obamacare and I remain committed to doing that. Today’s bill is the best way to eventually get there.”

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healthcare. Numerous studies show that Medicaid expansion and the ACA strengthened Washington’s healthcare system. “This short-sighted vote to repeal the Affordable Care Act won’t stop our work for our patients,” said Diane Delyea, an RN in Spokane and SEIU Healthcare 1199NW member. “We will continue to fight and pressure our Congressional leaders to answer to us, their constituents, on the impact this will have on our patients and hospitals.” According to figures released by the Governor’s Jay Inslee office, House Republicans’ plan would have a devastating impact on Washington: • More than 700,000 people in Washington will be at risk of losing coverage unless the state can find $1.3 billion in 2023, increasing to $2 billion in 2028, to continue Medicaid coverage for 600,000 recipients • Currently, 65,000 Washingtonians receive longterm care services. We expect that number to grow to 90,000 by 2028. Current funding projections allow Washington to cover this growth. • The Medicaid program known as long-term and support services will lose $90 million immediately – a 6 percent cut. Rep. Cathy McMorris Rodgers owes her constituents and the American people an explanation on her refusal to stand up for affordable health care. Her failure to keep her promise to protect people with pre-existing conditions is unacceptable.

wanted help with his mental health problems. McCroskey asked him if he was surprised when he was terminated from the program. Kelly said yes. McCroskey asked what happened. Kelly said “a kid got in his face,” he said he thought he wanted to fight. McCroskey asked him why he didn’t say he wanted to go to Cazza when given the chance. He said change was hard for him. McCroskey asked if he had to do it over, would he pick Cazza. He said yes. Clemmons said he wanted the DOSA revoked. “I don’t see how he would be successful,” he said. McCroskey said there were obviously co-occurring issues, both chemical dependency and mental health. “This is the only chance we have,” she said, asking Monasmith not to revoke the DOSA. Monasmith said the issue was whether Kelly had violated the terms of the DOSA sentence. The answer was yes, Monasmith said, but it was possible that Kelly perceived provocation differently than someone else. He said he knew the DOSA had been ordered and he thought Kelly’s long standing mental health issues would have been taken into account. He said if he sent him to prison, Kelly would be looking at a 15-20 month range. Monasmith said that regardless of the sentence, Kelly would likely be released to Pend Oreille County. “It’s hard to imagine Mr. Kelly being released from prison here and having it work out.” The case was continued.

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Wednesday, JUNE 7, 2017

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Volume 115, Number 19 | 2 Sections, 20 Pages $1.00

Roxy could open for summer Young family hopes to revive business By Sophia Aldous Of The Miner

NEWPORT – Can nostalgia and affection save a business? That’s what the potential new owners of the Roxy Theater in Newport are hoping for as they move forward with plans to reopen the movie theater by July. “We’ve talked about it for years,” says Newport resident Jason Totland. He and his wife Brittany plan to purchase the theater, located at 120 N. Washington Ave. “It’s something for kids to do and I figure this town (Newport) did a good job of raising me, so I’d like to return the favor in some way.” The Totlands made an offer on the building late last month and are planning on closing on the offer June 28. Though Jason Totland would not disclose the offer they made, he says the initial asking price for the building was around $240,000. If the Totlands’ offer is approved by the Roxy’s owner, Glacier Bank, they will reopen the theater in July and begin remodeling, transforming the three screen multiplex back to its original one screen format. The quote they received from a contractor to knock out the wall is $20,000. They are hoping to raise money through donations, purchasing Roxy tSee theater, 2A

Miner photo|Rosemary Daniel

Meghan Ryan suffered injuries when this tree fell on the truck she and Emerald Callihan were sitting in at Ione City Park Friday, June 2. The tree had been struck by lightening in 2004, a former city worker said.

Narrow escape By Don Gronning Of The Miner

NEWPORT – Two Ione women escaped serious injury Friday, when a tree struck by lightning more than 10 years ago fell and crushed a truck they were in. Emerald Callihan and Meghan Ryan had just returned from fishing and were getting in the truck

Silicone smelter may be near Newport after all Of The Miner

NEWPORT – HiTest Sand Inc., the Canadian company that wants to build a silicone smelter, is back to considering Pend Oreille County as a site for the plant. The smelter was originally announced for a location near Usk. Then owners decided Addy would be the best location and they announced they would build the site there. Now they’re considering a different Pend Oreille County location, south of Newport. According to Colin Willenbrock, PUD general manager, there has been a request for electricity service to the PUD from HiTest, with a $25,000 deposit paid.

Ryan suffered some injuries and was taken by ambulance to Mount Carmel Hospital in Colville, Weiss said. She received five staples in her head and lacerations to her face, Weiss said. “They pulled one piece of glass out of her nose,” he said. Weiss worked for the city in 2010-11. He said the tree had been struck by lightning in 2004.

Newport council wants answers from sheriff By Don Gronning Of The Miner

NEWPORT – Each month the Pend Oreille County Sherriff’s Office compiles a list of law enforcement calls that happened in Newport the previous month and the sheriff or a deputy appears at the council meeting and gives a report on the calls. That didn’t happen this month. City council member Mark Zorica noticed. “Why no law stats, let alone the sheriff?” Zorica asked at the end of the council’s regular meeting Monday night, June 5. That kicked off a round of discussion about Newport’s law enforcement services. The city contracts with the county for law enforcement. Zorica said he is hearing from constituents that the

HiTest rejects Addy site By Don Gronning

preparing to leave when Callihan heard the tree crack as she was getting into the driver’s side of the truck. She jumped out and yelled a warning to Ryan, who was on the passenger side. “Emerald escaped,” said Ken Weiss, Ryan’s father-in-law. “Meghan just tried to get out of the truck.”

Willenbrock says HiTest is looking at a site south of Newport on land owned by the PUD and Pend Oreille County. Pend Oreille County commissioner Mike Manus and county consultant Gregg Dohrn said HiTest is going through air quality standards modeling to make sure they can comply if the Kalispel Tribe goes ahead and asks that the reservation change to a Class I area under the federal Clean Air Act. HiTest president Jayson Tympko says the company has been considering several sites all along. “We’ve always been working with different tracks of land in northeastern Washington,” he said in a phone See Hitest, 10A

county isn’t adequately responding to calls within the city. He says downtown business owners can’t remember the last time a deputy knocked on a door to ask how it was going. He said levels of staffing for Newport didn’t appear to be adequate. He said on rodeo weekend a deputy had to be called back to work after 2 a.m. to handle calls. Zorica acknowledged that the Sherriff’s Office may be struggling to recruit and retain deputies, but said that really wasn’t the council’s concern. City attorney Tom Metzger helped moderate the discussion. He said the county was having trouble keeping deputies at least in part because of pay. Two deputies have left to work at the Liberty Lake Police Department. City councilman Keith

Campbell said that when it comes to pay, Pend Oreille County can’t compete with Spokane County. Stevens and Bonner counties were more comparable counties to compare pay with, he said. Law enforcement salaries were lower here than in Spokane because presumably the cost of living is lower in Pend Oreille County. But with Spokane – and Liberty Lake – so close, deputies can live in Pend Oreille County and commute. Metzger pointed out the city pays the Sherriff’s Office more than $400,000 annually for law enforcement, not an unsubstantial amount. The council is well within its rights as a major purchaser of law enforcement services See council, 2A

B r i e f ly Flag raising ceremony June 14

NEWPORT – Newport Hospital and Health Services is hosting a flag raising ceremony on Flag Day, Wednesday, June 14, at 3 p.m. in front of the hospital. The public is invited to observe as local Cub Scouts, Boy Scouts, the VFW Commander and bugler Tom Garrett replace the District’s old flags with new ones. Roughly a week ago, hospital administration received notice from a local veteran who suggested the flags needed replacing.

Priest River auction raises $3,825

PRIEST RIVER – The Priest River Lamanna High School’s wood and metal shop auction brought in $3,852 for the programs. The woods program raised $2,529 and the metals program raised $1,323.

Priest River, Newport graduate Saturday NEWPORT – Seniors from Newport and Priest River will take part in graduation ceremonies Saturday, June 10. The Priest River graduation starts at

10 a.m. and the Newport ceremonies begin at noon. Both are at their respective high schools.

Driver’s license office closed these days

PRIEST RIVER - The Priest River Driver’s License Office will be closed Monday, June 19 and Tuesday, June 20, and will re-open for business on Thursday, June 22. The Sandpoint Driver’s License Office will be open during this time and can be reached at 208-265 -1431. The Priest River Motor Vehicle Office can be reached at 208-448-0746.

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| JUNE 7, 2017

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Miner photo|Sophia Aldous

Brittany Totland who has made an offer for the Roxy Theater in Newport with her husband, Jason, stands in front of the cinema with her two children. Jason Totland was on a business trip and could not be in the photo. From Page 1

shirts, and subscription packages to the theater. Jason worked at the Roxy as a teenager, running concessions, taking tickets and cleaning. He recalls the Roxy’s former owners, Gladys and Richard “RC” Bishop as being strict bosses, but fair. “They believed in customer service and the experience of going to the movies,” says Jason. “You’d scrub the popcorn machine at the end of the night, and if there was the slightest smear of grease she (Gladys) would make you do it again. She was a stickler for doing it right. She taught a lot of us kids what a good work ethic looks like and she really cared about the community.” Jason is a network engineer for F5 Networks and Brittany is a substitute nurse for the Newport School District. The couple has two children, a two-year-old boy and a four-year-old girl. The Roxy Theater was built in 1951. Kevin Wright, an insurance agent in Newport, purchased the theater in 2007, and then closed the business in 2015. The Roxy Theater building was sold Jan. 20 in a trustee sale earlier this year for $132,000. The only bidder was Glacier Bank. The building includes not only the theater, but also Wright’s insurance office and an upstairs apartment. The Roxy’s current design consists of three

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theaters totaling 330 seats. The two smaller theaters have poor sound control, small screens, and cramped seating, according to the website www. thenewportroxy.com. The plan is to only show movies on the front main screen until the remodel to restore the grand theater design can be afforded. “We want to make it about two-thirds less than Spokane movie theater prices, so we’re looking at $6.50 for kids tickets and $8.50 for adults, plus some kind of discount for seniors and military,” says Brittany of proposed ticket prices. However, only running the front screen limits the theater to approximately 200 seats, which will not sustain the business long term. The Totlands aspire to raise this money quickly to restore the theater to over 400 seats. Though they are hopeful, the Totlands aren’t naïve---with even big chain multiplexes having to compete with streaming services like Netflix and Hulu, small town movie theaters are struggling to survive. “It’s a bit of a Catch-22,” says Jason. “We’ve crunched the numbers and our business plan is to just break even so we can afford expenses and keep the doors open. Running a hometown theater that is mostly showing second screenings with the occasional first showing isn’t much of a money maker.” Delays in showing new movies are a growing source of frustration for small-town cinema owners. Movie studios’ dis-

tribution models usually favor big-city multiplexes. For example, Jason points to the live action remake of Beauty and The Beast as a first run showing that would require them to sign a contract with the film distributor that would require the Roxy to play only that movie for a total of three to four weeks, no double billings. “If you want to be part of a first run, you have to pay a lot of money and that’s the only movie you can play on your screen for almost a month,” Totland says. “That’s why a lot of movies don’t come to your local theater opening day. We’re hoping that customers will be understanding of this.” That doesn’t mean a new movie will never premiere opening day at the Roxy, the first run movies will just be few and far between so the theater can offer some variety, adds Totland. It looks like people are already enthusiastic about the prospect of the Roxy reopening; since the Totlands put up the theater’s Facebook page last weekend, it has received over 14,000 views since Monday afternoon. Only time will tell if that will result in direct financial support for the venue. “We appreciate people’s interest and curiosity, and we hope we can make this work for the community,” says Brittany. For more information, check out the Roxy’s Facebook page at www. facebook.com/thenewportroxy, or go to www. thenewportroxy.com.

to get some answers to questions, he said. He recommended the council submit questions ahead of time so Pend Oreille County Sherriff Alan Botzheim would have time to prepare and respond at a later meeting. Council member Brad Hein said he had questions about response times within the city and the recruiting process. The council agreed to submit questions to city clerk Nickole North by Friday. She would send them on the Botzheim so he could address the council. Earlier in the meeting Mike and Barbara Munke asked about renting Newport City Park for a free concert Sunday, July 9, from 2-5 p.m. They are bringing Grant Form, a nationally known flatpicking guitar champion, to play. “We wanted to get music out of the bars so people with kids and seniors could experience it,” Barbara said. The band agreed to play for donations, since they were appearing nearby anyway. Still, with insurance and port-apotty rentals, the event was expensive, especially since it was a free concert. The council gave approval for the concert, which will take place the same weekend as the Rough Stock Invitational and Bull-a-Rama, which will be held Friday and Saturday. The council also agreed to provide $1,000 in hotel-motel tax money to the Greater Newport Area Chamber of Commerce for the Poker Paddle, set for Aug. 5 but not before asking questions of chamber president Randy Pymm. The council pointed out that the event starts and ends outside Newport. Pymm said the event would start at Pioneer Park, north of town. He said that it costs too much to take off from Rotary Park in Idaho because of the boat inspections. Pymm said the event does draw people to the area. Zorica asked how much the county had given for the event. Pymm said the county awarded $300, part of a larger $3,000 grant to the chamber for all its events. Pymm said the county works the same as the city, the money is paid only after presentation of receipts. North said that in the past the Poker Paddle

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Afternoon thunderstorm

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hadn’t been able to use the full amount they were granted because of lack of receipts. The hotel motel tax money is to be used for advertising and advertisements must say the event was supported with hotel motel tax money. Pymm was asked how many people came to the event and how many stayed overnight in Newport. He said last year’s event drew 75 people. There is a preregistration event the night before, so while he didn’t know how many stayed in Newport, he assumed some did. He said he would ask motels to track that this year. This is Pymm’s first year working on the event. He and Mike Lithgow are heading the Poker Paddle this year. City administrator Ray King said that he was recommending the council look more carefully at all future events funded with hotel motel tax money. He said the tax money was declining, as there were no big construction projects to fill the motels. King advised the council to consider only fully funding events that started within Newport city limits. “We need to be cautious,” King said. King reported that the Southeast Newport Improvement project was about two weeks ahead of schedule. He said work was expected to conclude in early July. In other council business: • The council passed a resolution authorizing the city to apply for a $750,000 Community Development Block Grants to fund the reservoir, treatment and transmission project. King also asked for associated authorization to certify the project for Title VI funding and authorizing a public hearing regarding an application to the U.S. Department of Agriculture for financing for the project. • The council also agreed to pay the Wm. Winkler Company two installments of $3,025 and $185,167 for work on the Southeast Newport Improvement project. • The council authorized King to find out the fair market value for two properties the city owns that could be declared surplus and sold. One property is the former gas station on Washington Avenue that has been torn down and cleaned up. The other property is located off Highway 2.

l a s t week

Monday

Partly sunny

63/45

Tuesday

Partly sunny

65/43

Source: National Weather Service and Accuweather.com, Newport, WA

Last Year: The weather this week last year was dryer with scattered showers and thunderstorms a couple of days.

May High Low Prec. 31 90 50 .02 01Jun 71 56 .02 02 69 50 .12 03 72 45 0 04 81 47 0 05 81 47 0 06 76 45 0 Source: Albeni Falls Dam

The Newport Miner the voice of pend oreille county since 1901

Wednesday, March 7, 2018

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Volume 116, Number 6 | 2 Sections, 20 Pages $1.00

Internal investigations led to Carman’s demotion Incomplete reports, mishandling cases, incompetence charged By Don Gronning Of The Miner

NEWPORT – Pend Oreille County Sheriff candidate Jon Carman was demoted from detective to deputy with the

Pend Oreille County Sheriff’s Office in late December 2016, for a variety of reasons, including incompetence, according to records received in a See CARMAN, 2A

Newport police department growing By Don Gronning Of The Miner

NEWPORT – Newport’s police department doubled in size with the hiring of Raul Lopez. Lopez joins interim Police Chief Mark Duxbury on the force of two. Lopez, 33, was sworn in at the Monday night city council meeting, March 5. Lopez recently comes from the Bonners Ferry Police Department. He was born and raised in Minnesota. His wife and three children were present for the swearing in and his wife pinned the badge on him. Duxbury told the council that the Pend Oreille County Sheriff’s Office had two vehicles they were going to surplus that they agreed to sell to Newport. The council will buy one now for, Duxbury said. All it needs is the decals changed, he said. The city will give about $10,000 for the vehicle, city clerk Nickole North said. The city needed to transfer $205,500 from reserves to fund the start up of the police department, North said.

Courtesy photo|Perry Pearman

Ice rescue training Pend Oreille Fire District No. 4 and South Pend Oreille Fire and Rescue conducted ice rescue practice drills last Saturday morning on Sacheen Lake. Pictured is FD No. 4 Chief Nick Knaack instructing proper ice rescue tactics with two responders. Due to the large fluctuations in temperatures the ice is particularly dangerous this time of year. Ice rescue gear is staged at Diamond Lake, Sacheen Lake, on the river at Dalkena and at the Kalispel Tribe Public Safety Building. If you witness an ice emergency, call 911 to alert trained responders.

See Police, 2A

Project will affect traffic on South LeClerc Road Commuters should expect short delays By Sophia Aldous Of The Miner

Miner photo|Sophia Aldous

Left to right: Pend Oreille County Public Works staff George Luft, Michael Kirkwood, Don Ramsey, Sam Castro, Eric Roth, and Gursimran Singh all attended last Tuesday’s public meeting to answer questions about the upcoming South LeClerc Road and Indian Fish Creek Passage project.

OLDTOWN – Around 20 community members attended an informal public meeting Tuesday, Feb. 27 to learn how the LeClerc Road and Indian Creek Fish Passage project might affect them. Pend Oreille County Public Works Director Sam Castro and his staff hosted the event, which took place at the Rotary Building in Oldtown. The Indian Creek Fish Passage on South LeClerc Road project is being completed through a partner-

ship with the Kalispel Tribe and has a total budget of $2,095,000. The Salmon Recovery Fund contributes $250,000 and $1,812,000 comes from Washington Department of Transportation’s Surface Transportation Program. The project includes replacing a six feet diameter concrete culvert with a 58 feet long bridge. The current culvert is too small for fish passage. This is expected to free up approximately five miles of Bull Trout habitat and to raise the elevation See LeClerc, 2A

B r i e f ly Planning Commission to meet March 20 CUSICK – The Pend Oreille County Planning Commission will hold their monthly meeting Tuesday, March 20, 6 p.m. at the Cusick Community Center. The meeting is a week later than usual because Community Development director Greg Snow missed a deadline for a legal advertisement of the meeting. The planning commission will hold a public hearing on updating the development regulations at the March 20 meeting. The planning commission is a group of nine appointed volunteers (three from each district) who are

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charged with current and long range planning functions. Agendas for the meetings are usually released on the county’s website one week prior to the meeting. These meetings are open to the public. Visit www.pendoreilleco.org/your-government/community-development/public-involvement-and-planning-commission/. For more information, call Pend Oreille County Community Development at 509-447-4821.

School buses exempt from spring break up limits PRIEST RIVER – The Priest River City Council ap7B-8B

proved the exemption of school buses from spring break up speed limits Monday night. Their decisions follows the same decision approved by Bonner County and the state of Idaho. Spring break up restrictions limited speeds to 10 mph for school buses, which was causing time delays and safety issues. “One, it’s taking longer to get kids to and from school, and it’s becoming a safety issue,” mayor Jim Martin said. Drivers who were following school buses were passing them. It was taking 10 extra minutes to get children from Priest River Elementary to downtown.

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The Newport Miner Serving Pend Oreille County, WA

Michelle Nedved Publisher

Jeanne Guscott Office Manager

Natalie Babcock Assistant Office Manager

Micki Brass Advertising Manager

J. Lindsay Guscott Advertising Sales

Cindy Boober Advertising Sales

Don Gronning News Editor

Sophia Aldous Reporter

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POSTMASTER: Send address changes to Newport Miner, 421 S. Spokane Ave., Newport, WA. 99156. Telephone: 509-447-2433 E-mail: minersubscriptions @povn.com

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CARMAN: Doesn’t agree with allegations, has union support From Page 1A

public records request by The Miner. Undersheriff Grant Sirevog wrote the Dec. 15, 2016, Notice of Intent to Demote memo. “Detective Carman, your mistakes are adding up,” Sirevog wrote, “13 times in the past three years there is documentation of your poor work performance.” According to Sirevog’s memo, Carman had taken a year to finish a report on a drug investigation into a youth worker alleged to have smoked marijuana with at-risk youth and rumored to have illegally sought opioids from the teens. Sirevog cited an internal investigation performed by Sgt. Glenn Blakeslee, who is also running for Sherriff. Sirevog says not having the narrative done in a case report that is a year old is a big deal. Sirevog cites another internal investigation performed by Blakeslee, this one into Carman’s handling of a sex abuse allegation, which took 20 months to complete.

Sirevog said that was too long. “The fact that it took you over 20 months to complete is unacceptable, not completing this report in a timely manner reflects negatively on you and the entire Sheriff’s Office, it erodes public trust that crimes against children are taken seriously,” Sirevog wrote. Carman says focusing on the demotion misses the big picture. He worked for the Sheriff’s Office 16 years and the demotion focuses on the last three years. He says he got good evaluations most of the time, something supported in Sirevog’s memo. “ ... you have proven at times in the past that you are capable of completing good and detailed reports in a timely manner, hence your promotion to Detective,” Sirevog wrote. Carman said he doesn’t agree with the allegations. “I did not agree with the decision nor do I currently agree with the facts listed in the demotion paperwork as listed by the Sheriff’s Office,” he wrote in an email to The

Miner seeking a response for this story. “At this time I choose to not make any further statement regarding this issue beyond the fact that I disagree with the demotion, as I am a witness in upcoming legal proceedings by former employees against the Sheriff’s Office and the current administration in the coming months. Any further statement by me could have an effect on those proceedings.” Carman’s former union rep, Joe Kuhn of Teamster’s Local 690, says Carman was targeted. “The reasons behind demoting him are pretty flimsy,” Kuhn said. Kuhn and Carman both contend they would have prevailed in challenging the demotion if Carman hadn’t quit to go to work for the Kalispel Tribe. Kuhn said the Sheriff’s Office under Alan Botzheim has been heavy handed with discipline. “The basis for the ULP (unfair labor practice) dealt with a single incident however there had been an ongoing issue with retaliation against deputies

that dared to question the Sheriff or Sirevog,” Kuhn said. There was an unfair labor practice complaint made against the Sheriff’s Office in 2016. The complaint was that Sirevog had threatened to not let deputies drive their patrol vehicles home because they weren’t answering off duty callouts, something the union views as attempting to negotiate with deputies instead of the union. The unfair labor practice went to mediation, where both sides agreed to resolve the matter “in the spirit of collective bargaining and a cooperative working relationship,” by among other things posting a notice that Sirevog’s actions could be construed to be coercion or intimidation. One of the legal proceedings Carman makes reference to is the ongoing lawsuit against the Sheriff’s Office by fired former deputy Cory Rosen. That case is headed to trial in Spokane County Superior Court later this spring. The Sheriff’s Office has documented what they

see as Carman’s incompetence. They cite three oral reprimands and four written reprimands. The written reprimands deal with temporarily losing his gun and holster, which fell out of his vehicle and were found by a citizen; backing his patrol vehicle into a relative’s car at his home and lack of patrol activities. Carman has been the subject of three internal investigations, according to records provided in the public records request. In addition to the two Blakeslee investigations, Sgt. Questin Youk also investigated Carman for failing to properly store evidence, including a homemade gun, miscellaneous prescription pills and marijuana seeds. The internal investigation found that Carman had not properly stored the evidence for more than a year. Many of the documents were redacted to protect people’s privacy, the Sheriff’s Office says. Others were redacted to eliminate information about minors.

Police: Council approved three member civil service commission From Page 1A

The council also approved three civil service commission members. The city intends to hire a third officer and needs a civil service commission to do so. James Horton, Glennis Stott and Leslie Maki were named to the civil service commission. Horton will serve a sixyear term, Stott a four-year term and Maki a two-year term. Once the cycle is complete, the terms will be staggered six-year terms. City administrator Ray King asked for council approval to enter into a lease-to-own contract for a Volvo loader. The city will pay $165,174 over the next five years for the loader, paying $35,000 a year. The city will sell its loader backhoe. North hopes to get $30,000 to $50,000 for it. King told the council the city’s grader needed about $10,000-$15,000 repair work and wasn’t being used. If it was repaired it should be good for another five or six years, he said. The city was down to one vehicle

for snow removal, he said. The city council also heard from Mandy Walters, Pend Oreille County Library District Director on her quest to build a new library. She reported she had applied to Architects Without Borders for assistance and was accepted. The nonprofit will help design the building and handle the public input part of the project at no cost, Walter said. Jenny Smith, Newport Hospital and Health Foundation Director, asked the council to approve the use of TJ Kelly Park for the 11th annual Newport Autumn Bloom Fun Run. North said that since TJ Kelly Park wasn’t normally rented out, everyone that wants to do so needs to ask the council. Smith said the run will take place Sept. 15 and begins and ends at the park. She asked for two street closures, Calispel Avenue, from First to Fifth streets, from 8:45 a.m. to 9:30 a.m. and Pine Street, near Highway 2. Smith also asked for $1,000 in hotel-motel tax money to adver-

Miner photo|Don Gronning

Newport’s newest police officer, Raul Lopez, is sworn in at Newport’s City Council meeting Monday. Lopez comes from the Bonners Ferry Police Department.

tise the event. “Last year we didn’t use it all,” Smith said. This year she plans to increase advertising and will spend the $1,000. Smith said the race has been gaining wider acceptance among serious runners. She said the foundation is considering dropping the word “Fun” from the title in an effort to market the event as a serious race. The council agreed to both re-

quests. Paul Wilson from the Pend Oreille County Historical Society asked for $1,000 hotel-motel tax money to market the museum outside of the county. Wilson said 2,100 people visited the museum last year. He said the Historical Society wants to buy advertising on the Selkirk Loop website, among other things. The council approved his request.

Leclerc: Majority of audience concerned about traffic impact From Page 1A

of the roadway to avoid flooding in the future. The entire project covers approximately 1,700 feet of road, according to Pend Oreille County Engineer Don Ramsey. The majority of the audience seemed concerned with how the project would affect traffic on the road. “I bring a lot of large farm equipment down that road and I’m concerned about that,” one

man said. “Will I be able to do that or is the road going to be closed?” Castro replied that though traffic will be reduced to one lane and commuters should expect five to 20 minute delays the road will not be closed. “That’s an important roadway and we have to make sure it stays open for emergency responders,” said Castro. The speed limit on that portion of the road will go from 50 mph to 35

mph during construction, which is expected to start at the end of March, depending on the weather. However, even though the project is expected to go through July 2018, Ramsey said the road wouldn’t immediately go down to one lane for the entire duration of the project. “This has been a long time in the making,” Ramsey said of the project. “There are a lot of steps and entities that have to come together to

make this happen.” Castro added that even down to one lane, there will still be enough room for larger vehicles like semis and tractor trailers to transverse the roadway. Bicycles will also be subject to the waiting period as any other traffic. “Our aim is to answer any questions and address any concerns you might have, and to let you know that we are doing this as efficiently possible,” Castro said,

adding that there will also be an electronic reader board set up along LeClerc Road with traffic updates concerning the project. The Indian Creek Fish Passage on South LeClerc Road is just one of three major projects the Pend Oreille County Public Works Department is undertaking this year. Other projects include the Fertile Valley Road Rehabilitation and the Sullivan Lake Inlet Bridge project.

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Wednesday, March 21, 2018

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Volume 116, Number 8 | 2 Sections, 20 Pages $1.00

Passing firefighter notices smoke By Don Gronning Of The Miner

OLDTOWN – West Pend Oreille Fire District firefighter Ray Hanson was driving home from the Newport City Council Monday night. “I came across the railroad tracks by Concept Cable and looked over and saw smoke,” Hanson said. “It didn’t look right.” So he looked closer and determined the smoke was coming from the roof. He knocked on the glass door of the home at the corner of Highway 41 and Fourth Street to notify the woman inside. “She was surprised,” Hanson said. “She had no idea there was a fire.” There was no smoke in the living area. Hanson told her the house was on fire and they needed to get out. “So she closed the damper on the stove and left,” he said. Hanson had already called 911. Hanson said that he wasn’t the only person to notice the fire. “Just as I stopped, another woman stopped and asked if what she was looking at was what she thought it was. I said yes, the house is on fire,” Hanson said. “At least one other passerby stopped,” he said. “Sometimes people don’t know what they are looking at.” Hanson said it was fortunate that it was still so light out. “In the dark it might have been a different story,” he said. See Fire, 10A

Miner photo|Don Gronning

The state Fire Marshall was on scene of an Oldtown house fire Tuesday morning taking pictures and investigating the cause. He said there was no indication the fire was suspicious but that the cause was unknown Tuesday.

School shooting threat puts community on edge

Emergency declared to by-pass civil service By Don Gronning Of The Miner

NEWPORT – The Newport City Council was asked to declare a Public Safety Emergency in order to expedite hiring of a third officer for the newly reformed Newport Police Department. Interim Police Chief Mark Duxbury told the council that they could hire another officer without going through the Civil Service Commission, which won’t have its first meeting until March 22. Duxbury, who has been working seven days a week, was called out on four calls in the middle of the night in the last seven days – two domestic violence and two prowler

calls. Duxbury says calls like domestic violence need a backup. He said he was able to get help from Priest River and Bonner County, as well as the Kalispel Tribal Police. The city just hired another officer, Raul Lopez, but Duxbury doesn’t get overtime, and Lopez does. He said it would be costly to have Lopez work overtime as backup. City attorney Tom Metzger wasn’t at the city council meeting, but city administrator Ray King found a provision where an officer may be hired in a public safety emergency which threatens life or property. Duxbury says he still has a list of people who applied before and

one of them is already certified in Washington as a peace officer, so the person wouldn’t have to take to the equivalency course. Council member Ken Smith didn’t want an open-ended state of emergency so he proposed the council revisit it in three months. The council members present – Mayor pro-tem Keith Campbell, Brad Hein, Nancy HawkesThompson and Smith voted yes. Mayor Shirley Sands and councilmember Mark Zorica had excused absences. Duxbury also told the council that the Newport School District was considering hiring a school

Selkirk student arrested, charged with harassment By Don Gronning Of The Miner

See emergency, 2A

Newport wants to get school resource officer back By Sophia Aldous Of The Miner

NEWPORT – If the Newport School Board has its way, there will be a school resource officer in the district again, hopefully by April. The board voted unanimously at its Monday, March 19 meeting to pursue negotiations with the City of Newport to hire a school resource officer.

“We really do take security at our schools seriously, especially in light of recent events,” said board chairwoman April Owen in a phone interview on Tuesday. “A school resource officer is part of that.” School resource officers (SROs) are sworn law enforcement officers who are responsible for providing security and crime prevention

services in schools. The school district formerly had a contract for a resource officer with the Pend Oreille County Sheriff’s Office, but the position was terminated in May 2017 by Sheriff Alan Botzheim due to lack of manpower. Prior to that, the district had an SRO for three years, paying $50,000 annually for the officer to patrol school district grounds

at the elementary, junior high, high school and Pend Oreille River School for 40 hours per week. Funds for the position came from the passage of the 2014 Maintenance and Operations levy and again in the replacement levy passed in February 2017. The Pend Oreille County

IONE – A comment from one Selkirk High School student to another resulted in the arrest of the 17-yearold boy Monday, March 12. He pleaded not guilty to harassment threats to kill, a felony, when he was arraigned in Pend Oreille County Superior Court Thursday, March 15. Bail was originally set at $25,000 but Superior Court Commissioner Phil Van de Veer agreed to a request from the boy’s attorney, Karen Lindholt, to accept a $2,500 cash bond. According to a statement of probable cause, two witnesses told the school principal that the 17-year-old boy made a statement about shooting up the school Monday. The boy allegedly said something to the effect of “you shut up or somebody might shoot up the school,” after another student told him to turn around and shut up in a morning class, according to a statement of probable cause from the sheriff’s deputy investigating the case. Selkirk High Principal Greg Goodnight questioned the boy, who admitted to making the remark and was expelled. He left school with his parents, Goodnight said. The Sheriff and Pend Oreille Counseling were called. The deputy interviewed the witnesses when he arrived at the school. Then he went to the boy’s house and asked his parents to speak to him. The parents weren’t surprised he was there and told him that the boy was on the Asperger’s Spectrum and had trouble reading social cues. The boy and his parents agreed to the interview. The boy said he had been told by his counselor when he came to school that there were rumors that he had

See Officer, 2A

See school, 2A

B r i e f ly New storage tank to be automated PRIEST RIVER – The Priest River City Council approved $14,000 to Trindera Engineering Monday night to automate the water system’s transfer to a new storage tank, in the case of the a catastrophic failure. The city is working on replacing an aging, million gallon water tank with a smaller, newer 400,000-gallon water tank. The new tank would only be used if the current water system failed.

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Mayor Jim Martin said switching to the water tank would be time and labor intensive, so the automation would be worth the $14,000.

Lock your vehicles PRIEST RIVER – The Priest River Police Department is reminding citizens to lock their vehicles. The PRPD has received multiple reports of items being stolen out of vehicles during February and March. “As far as we know, the vehicles were not broken into but accessed through unlocked doors,” police

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chief Drew McLain said. “The suspect in the cases from last month and this month has been caught, but every year thieves take advantage of citizens who leave their vehicles unlocked in Priest River. We would like to take this chance to remind everyone to please lock their vehicles when unattended in order to deter crime and protect your property.” McLain thanked the citizens who called in, making it possible to apprehend the suspect. If you think you may have been a victim of a car prowling or if you happen to see anything suspicious call Bonner County Dispatch at 208-265-5525.

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The Newport Miner Serving Pend Oreille County, WA

Michelle Nedved Publisher

Jeanne Guscott Office Manager

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POSTMASTER: Send address changes to Newport Miner, 421 S. Spokane Ave., Newport, WA. 99156. Telephone: 509-447-2433 E-mail: minersubscriptions @povn.com

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School: Letter mailed Tuesday, took days for delivery From Page 1A

made remarks about shooting up the school. The counselor warned him, he said. The boy went to class, where he was turned around talking to a friend and was told by another student to turn back around. When he turned to talk again and again was told to turn around before he got the rest of the students in trouble, he made the remark. After speaking with his supervisor, the deputy arrested the boy and took him to Newport, where he was turned over to officials from Martin Hall, the juvenile detention facility in Medical Lake. School district officials sent out a letter Tuesday telling parents about that happened the day before. According to the letter by district Superintendent Nancy Lotze, “... in the event of an actual emergency, you would have received a phone call the day of the incident.” The letter went on to say that the district had heard rumors of a “generalized threat” the previous Thursday. After investigating, Lotze said the district had found nothing to indicate concern. “However, on Monday, the student made a statement after a confrontation in class. This time the threat was corroborated by witnesses,” she wrote. The student was expelled, the Sheriff

called and an evaluation scheduled with Pend Oreille County Counseling Services. The letter didn’t arrive the next day, as Lotze had thought it would. Since all mail goes to Spokane for sorting, the letter didn’t arrive at homes until Thursday. By that time the community was worried. Lotze scheduled a community meeting Wednesday, March 14. Sheriff Alan Botzheim, Principal Goodnight, Lotze and the Selkirk school board attended, although the school board wasn’t asked any questions. After apologizing about the mail snafu, Lotze explained what happened. “The kid made a comment after he got mad at another kid,” she said. When such a comment is made, it sets an incredible ball in motion, she said. Law enforcement and mental health people get involved. Lotze said the comment didn’t rise to a level of concern for the students. She said students who had heard of the incident but didn’t witness it reported it to Goodnight, who investigated what happened. Lotze said she hopes the community shows compassion for the boy. Community members had questions. “I’m concerned about the (district’s) reaction,” one woman said. She asked if the district had an active shooter plan. Goodnight said yes that

they had practiced it in November. The woman asked if it included students. Goodnight said no, that he had made a decision that letting a potential student shooter know about escape plans was unwise. Goodnight says he has a boss – Lotze – and a school board that can tell him to do things differently. The subject of bullying came up. Lotze said the district has a full time counselor. One woman said her grandchildren had been bullied. One man asked about law enforcement response time. “I’ve seen it take up to an hour,” he said. Maybe Border Patrol could respond faster. Botzheim said Border Patrol doesn’t have an agent standing for law enforcement duties, but that agents could help in an active shooter situation. Botzheim said two of his men have been to active shooter trainings and offered to send someone up to help train school personnel, if needed. Goodnight was asked how many other districts don’t include the students in the active shooter drills. Goodnight said he didn’t know. Lotze said it wasn’t uncommon not to include students. A person asked if the student would be allowed back in school. “If I say he’s not coming back, he’s denied due process,” Lotze said.

Miner photo|Don Gronning

Selkirk School District Superintendent Nancy Lotze and Pend Oreille County Sheriff Alan Botzheim addressed a concerned audience Wednesday night about how a student was arrested after making threats during class.

Goodnight said the boy could be expelled forever or could be expelled longer. He is currently on a 10-day suspension. Goodnight was asked if people would be notified if the boy is allowed back in school. Goodnight said he didn’t know. Another woman said her concern was making the boy a pariah in the community over this. Botzheim said it was important to recognize the students who did report the remarks. Many times remarks like that wouldn’t be taken seriously, he said. “Things have really changed over the years,” he said. When he went to school, kids brought their rifles to school so they could go hunting after school. Those days are gone, Botzheim said. He said he and Pend Oreille County

Prosecutor Dolly Hunt have agreed to take a zero tolerance policy toward threatening remarks. Botzheim was asked if the boy had access to guns at home. He said the parents had guns in a safe locked with a combination that the boy didn’t have access to. The boy didn’t have any guns in his room. The boy and parents gave permission to search the room. Botzheim was asked if the FBI had been notified. No, they hadn’t he said. He said there had been either a gun or a threat at all three county school districts this school year. Goodnight was asked how many threats there have been at Selkirk in the last three or four years. He said two that the district was aware of, this one and one in 2015.

Officer: City, school district officials are meeting this week From Page 1A

Sheriff’s Office billed the district for $5,000 a month. Since the district started the 2017-2018 school year without an SRO, the $50,000 was allotted toward school security, including an automatic locking system, better lighting, and security cameras. “We know the importance of having an SRO and that was something we promised constituents when we were trying to pass the levy,” Owen said. “We’re excited to have that presence back in our schools, for the benefit of students, teachers and parents.” When asked what it would cost to rehire a SRO, Newport School District Business Manager Debra Buttrey gave esti-

mated figures of approximately $100,000 up front, then possibly $60,000 per year, based on an annual contract with the city. However, she stressed that the contract was not finalized and those numbers are still up for negotiation. “I think it’s a good partnership,” Buttrey said of working with the city. If the cost for a SRO office exceeds $50,000 a year, Owen said there’s the possibility the district would defer smaller projects to make up the gap, but, “We rely on the superintendent and our business manager to guide us in that decision.” In a phone interview on Tuesday, Newport Police Chief Mark Duxbury said he would be meeting with Newport School District Superintendent Dave Smith on Wednesday to discuss

the contract. “There are a lot of details to work out, and we’re excited to partner with the school district,” Duxbury said. “It all comes down to dollars and cents and how we can make it work for the city and the district.” Superintendent Dave Smith was not available for comment before deadline. School resource officers have come up in national news in the wake of several school shootings, most recently at Maryland’s Great Mills High School where resource officer Blaine Gaskill opened fire on a 17-year-old who shot two students on Tuesday. According to St. Mary’s County Sheriff Tim Cameron, it wasn’t clear at that time whether the shooter took his own life or was killed by

‘We really do take security at our schools seriously, especially in light of recent events.’ April Owen

Newport School Board Chairwoman

Gaskill’s bullet, but he praised Gaskill’s quick action to news outlets. Last month during the Marjory Stoneman Douglas High School shooting in Parkland, Fla., school resource deputy Scot Peterson never entered the building after taking a position outside. He resigned after he was suspended without pay for his inaction.

emergency: Approved contract with PRAR From Page 1A

resource officer through the Newport Police Department. (See separate story.) The council also voted to grant a waiver of the

noise ordinance until 1 a.m. for the Newport Rodeo dance set for June 23. Rodeo president Ray Hanson made the request for the family dance. The council also unanimously voted to give grant

$1,000 in hotel/motel tax money to the Who Let the Girls Out event. Sue Scobby was present to ask the council give $500 to each of the spring and fall events. “It goes to pay for the TV ad,” Scobby said.

She said people from as far away as the Tri Cities come up for the spring event, set for May 19. The council also agreed to enter into an agreement with Priest River Animal Rescue to provide

shelter and related service for stray dogs. PRAR will pick up strays for $25 an animal. If the dog is claimed by the owner, the owner must pay PRAR all fees, including boarding and vaccination fees.

The Newport Miner THE VOICE OF PEND OREILLE COUNTY SINCE 1901

Wednesday, March 28, 2018

www.pendoreillerivervalley.com

Volume 116, Number 9 | 2 Sections, 20 Pages $1.00

Teen sentenced for threatening school BY DON GRONNING OF THE MINER

NEWPORT – A 15-year-old Newport boy was found guilty of harassment threats to kill following a fivehour trial Tuesday, March 20, before Pend Oreille County Superior Court Commissioner Phil Van de Veer. Van de Veer issued his written verdict Friday, March 23. “It is unfortunate that this matter must be decided exclusively in the criminal context,” Van de Veer wrote in his nine-page ruling. “However, the threat to society with the potential for loss of life without effective response warrants a criminal solution.” He found Joseph H. Akai guilty of the class C felony and sentenced him to 29 days in juvenile detention. He also issued a no-contact order with Newport schools. Thirty days was the maximum sentence available. Since Akai had been held at Martin Hall since his arrest Feb. 22, he was released. He was going to be released no matter what, according to prosecuting attorney Gregg Hicks. “Thirty days is as long as we can hold them,” Hicks said. Hicks also said juveniles can’t have jury trials. According to the findings in Van de Veer’s ruling, Akai made a series of threats in an email exchange with his girlfriend over a 35-minute period Jan. 31. “i am so (expletive) (expletive) im about to kill half the (expletive) people in this (expletive) office,” he wrote. He was in in-school detention after a Newport High School student reported to school authorities he had a gun. Akai was put in detention while school officials investigated. The investigation revealed Akai had not brought a gun to school. It was while he was in detention that he wrote the emails. Weeks later the emails were found. They were sent from a school computer. The district’s technology director conducts random searches of email using key words such as “gun, knife, kill, drunk, depression,” and Feb. 22 he found Akai’s emails during one such search. He reported the emails to the school principal, Troy Whittle, who notified the Pend Oreille County Sheriff’s SEE STUDENT, 2A

MINER PHOTO|DON GRONNING

Citizens Against the Newport Silicon Smelter attorney Norman Semanko told Pend Oreille County commissioners Monday that there were problems with the transfer of public land from the county to PUD to HiTest. Semanko recommended undoing the transfer.

Public land sale to HiTest proper, PUD, county officials say

BY DON GRONNING OF THE MINER

NEWPORT – Opponents to the HiTest silicon smelter proposed to be located about a mile south of Newport on the Idaho state line, have long questioned whether the selling of the publically owned lands was done openly and properly. “The public deserves to know what our public officials have been up to,” wrote Michael Naylor, board member of the Citizens Against the Newport Silicon

Smelter (CANSS), in a post pinned high on the CANSS group Facebook page. The post included an April 25, 2017, letter of intent from the Pend Oreille PUD to HiTest to sell the property. “It is very sad when our public officials go out of their way to keep things from the public and make back room deals selling public’s land and using public money,” Naylor wrote. CANSS attorney Norman Semanko touched on the propriety of the land sale when he appeared before Pend Oreille County Com-

Smelter opponents attend en masse

OF THE MINER

CUSICK –It was a large, occasionally confused, and curious crowd that attended the March 20 Pend Oreille County Planning Commission meeting at Cusick Community Center. The all-volunteer commission, which hadn’t met since Dec. 2017, was scheduled to vote on changes to the county’s development regulations, specifi-

cally the conditional use permit (CUP) process. There were concerns from audience members about how that could affect the permitting process of the proposed HiTest Smelter that is planned to be built in Newport. “The way the regulations exist here today is that any decision for a conditional use permit, or several other permit applications, would be my decision and I would accept written testimony

from anyone who wanted to provide it,” Pend Oreille County Development Director Greg Snow said. “This proposal is to take that decision away from me and put it into the public forum where people would attend meetings and give verbal testimony for or against a permit application.” Planning Commission Chairman Norris Boyd said several times that the proposal had no affect on the proposed HiT-

SEE HITEST, 2A

It’s almost Easter and here’s where to find those eggs

County permitting process draws public attention BY SOPHIA ALDOUS

missioners Monday, March 26. “The records raise serious questions,” he said, referring to the results of public records requests by CANSS members about the sale. He said the county, the PUD and HiTest should all review their land transfer documents to see if the land was transferred properly. He told commissioners all three should consider returning the land and money. To PUD officials, the land sale was done properly.

BY SOPHIA ALDOUS

est Smelter, a topic the commission would not be addressing that evening for any official purpose. Conditional use permits (CUP) are currently processed as a Class 1 application which allows for written testimony to be presented to the application’s file for consideration, but is ultimately an administrative decision. The changes, which the commission unanimously

OF THE MINER

NEWPORT – From north to south Pend Oreille County to West Bonner County, the Easter Bunny will be hard at work stashing eggs for upcoming Easter egg hunts this weekend. With the actual holiday taking place Sunday, April 1, here is a compilation of upcoming Easter egg hunts in the Pend Oreille River Valley.

Newport Newport City Park at First and Calispel will be jam-packed with candy and prize-filled eggs Saturday, March 31, at 10 a.m. There will be

SEE COMMISSION, 2A

SEE EGG HUNTS, 2A

B R I E F LY Free food at Lutheran Church this Thursday NEWPORT – A free food distribution will be held Thursday, March 29, from 10 a.m. to noon at the American Lutheran Church, 332801 Highway 2, in Newport. The event brings free produce, nutritious perishable products and other groceries for all families in need of food assistance. The event is open to the public; no appointment or documentation is needed. Call Nicole Smoot with questions at 509-671-1432 or the 24-hour Mobile Market information line at 509-

252-6270. Future dates for distributions are June 21, Aug. 23 and Oct. 18.

Joseph Fitzmorris fundraiser April 14 OLDTOWN – A fundraiser spaghetti dinner to benefit Joseph Fitzmorris will be Saturday, April 14, 3 p.m. at Riverbank Family Restaurant and Fay’s Lounge. Fitzmorris was recently diagnosed with cancer. The Fitzmorris family has deep roots in the Pend Oreille River Valley.

All funds raised at the dinner go to pay for medicine, travel, and living expenses, as Fitzmorris is unable to work. There is a Joseph Fitzmorris benefit account set up at Spokane Teachers Credit Union for donations, which can be made at any location. There is also a gofundme page at www.gofundme.com/joseph-fitzmorris-benefitaccount. Event organizers are still looking for donations of any kind for the dinner/auction. To donate, contact Robert Wiese at 509-671-5944. To keep track of other ways to help Fitzmorris, follow the Facebook page Friends of Joseph Fitzmorris.

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| MARCH 28, 2018

The Newport Miner Serving Pend Oreille County, WA

Michelle Nedved Publisher

Jeanne Guscott Office Manager

Natalie Babcock Assistant Office Manager

Micki Brass Advertising Manager

J. Lindsay Guscott Advertising Sales

Cindy Boober Advertising Sales

Don Gronning News Editor

Sophia Aldous Reporter

THE NEWPORT MINER

COMMISSION: Chairman says public will be very involved FROM PAGE 1A

approved, moved CUP to a Class 2 application process that requires a public hearing where oral and written testimony is taken. The Planning Commission or a hearings examiner will make the final decision regarding the CUP. Since there is no official Pend Oreille County hearings examiner, one would have to be contracted. A hearing examiner conducts public hearings on various land use applications, appeals of land use determinations made by divisions of the County Public Works Department, and certain other quasi-

judicial matters. Audience members had questions regarding how involved the public could be in the CUP process. Boyd said legal notice is required before a planning commission meeting and that the public is welcome to attend. “Back to that item six, where it says “hearing review,” no where else is that wording stated,” said a woman that had questions about minutes from the Nov. 2017 planning commission meeting. “But in your description you mentioned hearing, so can you define that for us?” Shannon Hansen, who was recently appointed to the planning commission, said that the board

of county commissioners recommended that all class 2B conditional use permit applications be heard by a hearings examiner. She said the planning commission did not agree with that, and want all conditional use permits to be heard by the commission. “So that it was a larger body of input and made up of people from the community,” Hansen said. Snow added that the board of commissioners supported the changes to the CUP process, and only disagreed in regards to a potential hearings examiner. Boyd said Pend Oreille County doesn’t have commercial or industrial zoning, so all CUPs have

to come before the planning commission. “Would this decision affect just HiTest, or would this be for everything in the county,” another woman said. The changes would affect all building permits within the county, according to Boyd. Citizens Against the Newport Silicon Smelter (CANNS) Vice Chair, Michael Naylor of Oldtown, thanked the planning commission for their transparency and consideration, becoming visibly choked up when talking about the proposed smelter. “We’re fighting for our lives, and we’re scared,” said Naylor. SEE COMMISSION, 10A

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EGG HUNTS: Free Easter movie at Roxy Theater Saturday FROM PAGE 1A

separate hunts for different age groups for kids 12 and younger. The event is sponsored by Newport Mayor Shirley Sands, the Newport/ Priest River Rotary Club, Newport High School, Soroptimists Newport International, and Newport Rodeo Association. The Easter Bunny will be on hand for pictures. Before hunting for eggs, enjoy free breakfast at Hospitality House, 8 – 10 a.m. Hospitality House hosts free breakfasts every Saturday at 216 S. Washington Ave. Monetary donations to offset the cost of purchasing food are appreciated. Donations of fresh fruits and vegetables are also welcome. Call 509-447-3812 for more information. There will be free mov-

ies for kids and adults at the Newport Roxy Theater Saturday, March 31. The first film is “Winnie The Pooh: Springtime With Roo,” at 10 a.m. This program is rated G and suitable for all audiences. The same day, in recognition of the Easter holiday, there will be a free showing of “Passion of The Christ” at 2:30 p.m. Released in 2004 and directed by Mel Gibson, it is the highest grossing R-rated movie to date as well as the highest grossing Christian movie ever released in the United States. Admittance to each film is free. Standard concession prices still apply.

Cusick An Easter egg hunt at the fairgrounds in Cusick will get underway

at 10 a.m. sharp Saturday, March 31, for ages toddler to 10. The Easter Bunny will attend for photo ops and to pass out treats. American Legion Auxiliary Post 217 puts on the event.

Ione The Ione Children’s Easter Egg Hunt is Sunday, April 1, at Ione Park for ages 12 and under. The hunt starts promptly at 1 p.m. and is sponsored by Fire District No. 2.

There are different egg hunts divided by age groups for kids up to 10. The Priest River Lions Club sponsors the event.

Priest Lake There will be an Easter egg hunt at the Priest Lake Community Church Saturday, March 31, 10:30 a.m., at 25 Creekside Drive. All ages are welcome and there will be pictures with the Easter bunny and a drawing

contest. Free lunch will be provided. Participants need to bring their own basket. For more information, call 208-4430541.

Blanchard The annual Blanchard Grange Easter Egg Hunt takes place Saturday, April 15 promptly at 11 a.m. near the center of town (don’t be late). For more information, call 208-437-3137.

Priest River Priest River’s big Easter egg hunt will be at the Mud Hole off Highway 2 Saturday, March 31 at 10 a.m., sharp. Kids can find hardboiled eggs and redeem eggs for prizes. There will also be plastic eggs with prizes inside.

STUDENT: No threats, defense says FROM PAGE 1A

Office. Akai was arrested that day and held at Martin Hall, with bond eventually set at $50,000. During the trial defense attorney Brett Billingsley argued that the threats weren’t real threats, that they were expressions of frustration about being falsely accused of bringing a gun to school. Van de Veer had some sympathy for the argument. “This argument makes some sense, that Mr. Akai was, indeed, frustrated; and he was emailing his girlfriend, so an argument can be made that he was merely venting and posturing,” Van de Veer wrote. “If so, it would be protected speech.” But looking at the totality of the emails, Van de Veer found they were a firm desire to harm. “Objectively speaking, it is difficult to conceive of a way to interpret the emails as anything other than someone responding to his situation at school with a serious threat to cause harm.” Van de Veer said the emails about bringing a gun and killing school staff are the First Amendment equivalent of crying fire in a crowded theater. Akai testified in the trial that he was just blowing off steam and never intended to follow up on the threats.

According to Van de Veer, Akai said he wrote the emails because he had been falsely accused of bringing a gun to school. Testimony at trial showed that his father kept the family guns under lock and key, so he wouldn’t have been able to carry out any threat. Van de Veer referred to an escalating series of events at the school involving Akai. Principal Whittle testified that he was concerned about the email threats, concerned about his own safety and those in the office. While Whittle did not have knowledge of Akai’s ability to carry out the threat, he was concerned about a pattern of escalating behavior problems with Akai over the school year. Van de Veer wrote Whittle took the threat seriously because of specific mention of school staff and Akai’s discipline history. While Akai testified at trial that he did not think anyone would read the emails or that they would be taken seriously, Van de Veer wrote that wasn’t reasonable. “A reasonable person in Mr. Akai’s place would have to foresee that emails sent discussing bringing a gun to school and killing half the office staff would be taken seriously,” Van de Veer wrote. “This is particularly true considering that Mr. Akai had been engaging in escalating behavior issues at the school.”

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