The father of hate-crime-attack victim Shane McClellan was in Judge Carol Schapira‘s courtroom downtown to hear the sentence for one of his son’s attackers. Before the hearing, Tim McClellan told WSB and TV photographers in the hallway, “Today’s his birthday.” [Afterward, he spoke to the media – part of the interview is in our clip above; we’ll upload a longer clip when we’re back at HQ.]

On Shane’s 17th birthday – eight months after he was beaten and tortured for hours on a Highland Park stairway, by two men who voiced a racist motivation – one of his attackers, 23-year-old Ahmed Y. Mohamed (photo below), has just been sentenced to 69 months in prison, three months short of what prosecutors had asked for.

(Added 4:47 pm, Seattle Times photo by Greg Gilbert, used with permission)
Judge Schapira said this case is “more than a headline. .. We are here not to judge you as a person, but there are consequences for the very serious act to which you have pleaded guilty. … The offense makes no sense to me. … You are a very young man; as negative as this experience as been, as negative as being in prison will be. We hope you will put this behind you, as we all do when making very serious mistakes.”

Prosecutors had recommended the high end of the “standard sentencing range,” which would have been six years. In court, prosecutor Erin Becker said, “This robbery and the actions that occurred during this robbery went far, far beyond (the average robbery) … The (attackers) held him for hours, burned him with lit cigarettes, urinated on him … The victim was a juvenile at the time, and it seems what they were aiming at was not simply robbery.” Tim McClellan decided at the last minute that he would speak to the judge, saying, with difficulty, he “can’t imagine the duration” of what happened to his son, who he says “is doing a lot better.” (Shane was not in court.)

The lawyer for Mohamed said his client was sorry and said alcohol had something to do with it … saying it was his client’s “first experience with alcohol” and noting Mohamed had been drinking Four Loko, the subsequently banned beverage. He also talked about Mohamed, who is a US citizen, having been born in Mogadishu, Somalia, and living in refugee camps when very young. Mohamed’s mother also spoke, apologizing to all involved for her son’s actions, and talking about how he helps care for his disabled sister; he spoke for himself too, apologizing, saying he felt peer pressure to drink, but saying he knows he can become “a better man.” Family members/supporters in the gallery cried as they spoke.

The judge opened her remarks after that by saying she felt sympathy for so many of those involved. But in the end, she pronounced a sentence just short of what prosecutors wanted. Technically, it breaks down to 45 months for the robbery charge, with 12 months concurrent for the malicious-harassment charge; after that, 24 months for the weapons enhancement (a knife was used during the robbery/attack). Mohamed already has been in jail about three months, which will count against the sentence.

WSB was first to report that Mohamed had pleaded guilty to robbery (with weapons enhancement) and malicious harassment (hate crime) – it happened in December, but no one in the news media had noticed; we turned it up while combing through court records on routine followups at the start of January. The second person arrested last fall, 21-year-old Jonathan Baquiring, is in the King County Jail, awaiting trial next month on the same charges.

ADDED 2:46 PM: Tim McClellan spoke to the media after the sentencing, saying he accepts Mohamed’s apology, and that he is generally pleased with how this turned out. He says Shane is doing OK. See part of the interview in the clip we added atop this story; more to come.

Continuing our coverage of the murder trial in the February 2009 West Seattle shooting death of Steve Bushaw: Court is now in recess till 9 am Monday. That originally was projected as the date testimony would begin, but this case hasn’t even gotten to jury selection yet, because of an ongoing series of twists and turns among the four original defendants. Two of them have pleaded guilty in the past two weeks, but one of them may withdraw that plea when court resumes Monday. Details ahead:Read More

(WSB photos by Christopher Boffoli)>
Today officially marked the start of the second week of murder-trial proceedings in the case of the deadly West Seattle shooting two years ago of Steve Bushaw – though the case hasn’t even gone to jury selection yet, and might not for a while, depending on how things proceed. Previously, two of the four original defendants – the two accused of actually shooting Bushaw along California SW between Alaska and Edmunds late Super Bowl Sunday night in 2009 – pleaded guilty to the reduced charge of second-degree murder. Danny O’Neal entered his plea eight days ago, as proceedings began; John Sylve pleaded guilty last Friday. The other two were in court today – from left, alleged mastermind Bryce Huber and alleged getaway driver Brandon Chaney:

They remain charged with first-degree murder and with conspiracy to commit murder. After a brief session this morning, King County Superior Court Judge Joan DuBuque recessed court until 1:30 this afternoon to review some of the information that had emerged; the afternoon session was even shorter, and she recessed the case until 9 tomorrow morning. While there were many twists in this morning’s open discussion involving lawyers, the prosecutor and Judge DuBuque, the most noteworthy one involved the statement given by Sylve as part of his plea agreement. It was indicated that his statement might conflict with the one that the other confessed triggerman, O’Neal, gave days earlier. And that, the prosecutor said, might change the deal to recommend the low end of the sentencing range for him. We’ll find out what’s next when court resumes tomorrow morning.

Two West Seattle Crime Watch reports out of the WSB inbox tonight. First one is about a truck-trailing package thief; second a quick note about an attempted break-in. Read on:Read More

Three break-in reports for West Seattle Crime Watch, plus one potential-prowler sighting that football fans might want to know about, all from the WSB inbox – read on:Read More

The first week of pre-trial motions and discussions in West Seattle’s Steve Bushaw murder case started with a guilty plea, and ended with one. Our partners at the Seattle Times report tonight that, four days after Danny O’Neal, one of two accused triggermen, pleaded guilty to a reduced charge of second-degree murder with a firearm enhancement, the other one – John Sylve – struck the same plea bargain. Here’s the Times story. This happened during what was supposed to be a recess in the case until next Tuesday; when proceedings resume then, two defendants remain – alleged mastermind Bryce Huber and alleged getaway driver Brandon Chaney, both still charged with first-degree murder and conspiracy to commit murder in the shooting of Bushaw outside Talarico’s in The Junction on Super Bowl Sunday night in February 2009. The documents from today’s announcement are not in the online files yet, so we don’t have full details of the latest plea agreement.

(Seattle Police investigators with the wrecked Buick on Sunday morning – rescuers had cut its top off)
Throughout the week, we’ve received notes from people living near the scene of the 47th/Charlestown crash that led to a major power outage early Sunday (original WSB coverage here), wondering how the two people in the car were doing. Though they originally were described as having life-threatening injuries, we have just learned from Harborview Medical Center that the passenger, a 31-year-old woman whose hometown is not listed in the police report, is out of the hospital. The driver, 23-year-old Mohammad Nema of Burien, is still at Harborview but is now in satisfactory condition – and he is charged with vehicular assault as well as domestic violence. According to the charging documents, the passenger was his estranged girlfriend, who had two protection orders against him linked to an assault allegation in early December. The charging papers don’t say why she was with him on Sunday morning, but they say:

… the defendant was speeding well in excess of the posted speed limit. He failed to maintain control of his car and crossed the centerline and began rotating clockwise as he skidded 133 feet. He then left the road and slammed broadside into a utility pole. The force was sufficient to break the pole which caused a power outage in the neighborhood. There was enough energy left to propel his car an additional 52 feet until the car eventually came to a stop. Both the defendant and (passenger) were unconscious. Both suffered at least fractured pelvises. …

A bottle of open, mostly empty tequila was found wedged between the defendant and his driver’s door. Blood alcohol results for him are pending. Preliminary collision reconstruction shows he was speeding at least 48 mph and that does not even take into consideration the energy to break the pole. The analysis indicates he was traveling freeway speeds when he lost control.

When Nema gets out of the hospital, he will be booked into the King County Jail, with bail set at $100,000, according to online records. Court documents say he has a record of citations and charges including driving the wrong way on a one-way street, possessing an open alcohol container in a car, speeding, and driving without liability insurance.

That shot from a West Seattle bank robbery last April (WSB coverage here) was one of the most-discussed bank-robber photos we’ve run … as the robber’s gender seemed to be in doubt. Today, Seattle FBI spokesperson Special Agent Frederick Gutt confirms to WSB that a suspect held for a bank holdup in Kent may be the so-called “Mrs. Doubtfire” robber, suspected in a string of stickups around the region. She is a 53-year-old resident of Des Moines, arrested for robbing an Alaska USA credit union branch in Kent two days ago, according to Special Agent Gutt. We reported last September that one suspect was likely responsible for 6 heists, 3 of them in West Seattle, starting with the April 2010 KeyBank robbery in The Junction (the others are listed here), though the list has now grown to 11, according to the FBI. (Hat tip to seattlepi.com for what appears to be the 1st report on the arrest.)

We’re continuing to follow the case of the four people charged with murdering 26-year-old Steve Bushaw in The Junction two years ago. On Monday, just as the trial was about to begin with pre-jury-selection proceedings, one of the two alleged triggermen, 29-year-old Danny O’Neal, pleaded guilty to a reduced charge, second-degree murder. The official document from Monday’s hearing is now available, and there’s an update to O’Neal’s potential sentence: After prosecutors recommend the low end of the 123-220-month “standard range,” whatever the judge decides will have 60 months added to it for the “firearm enhancement,” meaning he faces a minimum of 15 years.

Meantime, the remaining three defendants, Bryce Huber, John Sylve, and Brandon Chaney – all still charged with first-degree murder and conspiracy to commit murder – returned to court this morning. No additional plea bargains so far, prosecutor James Konat told Judge Joan DuBuque, but they are still in negotiations, and the lawyers asked for a few more days to keep talking. The judge gave them until Tuesday morning, which is when the pretrial proceedings will resume if there is no resolution to the case this week (next Monday is a holiday). It’s alleged that O’Neal and Sylve shot Bushaw after talking with Huber, who met up with him at Talarico’s that night and went outside with him just before the shooting; Chaney is the alleged getaway-car driver. The motive: Huber allegedly suspected Bushaw of involvement in a home-invasion robbery targeting a friend; police have said there was no evidence linking Bushaw to that case.

He’s been with the Seattle Police Department more than 30 years – and now, he’s about to leave. “I’ve been around for a while,” Southwest Precinct Crime Prevention Coordinator Benjamin Kinlow acknowledged, understated as always, while confirming to WSB that he’s decided to retire. His is a civilian position, not investigating crimes, but rather working with the community to help their crime-prevention effort – setting up Block Watches, registering Night Out parties, briefing community groups, offering crime-prevention advice. We talked with him this afternoon by phone; he says, “I can hardly imagine life without working” – but he expects to stay busy, with two grandchildren, volunteering activities, and potentially some “private-sector” interests. He also has words of thanks for WSB’ers who’ve taken an intense interest in crime prevention and information-sharing (including our ongoing Crime Watch reports). While the department cut some coordinator positions this year, and made changes last year that added a second precinct to Kinlow’s responsibilities, he stresses it was his own decision to retire. His last day will be March 15; we are checking with precinct leadership to find out how prevention will be handled after his departure.

We are at the King County Courthouse, in the courtroom of Superior Court Judge Joan DuBuque. What was supposed to be a trial for the 4 people charged in the February 2009 murder of 26-year-old Steve Bushaw is suddenly a trial for 3: Danny O’Neal, one of the two alleged triggermen, pleaded guilty this morning. Prosecutors say he made a deal last Friday while also giving a videotaped statement about how he says it all played out. We’ll have a longer report later; in short, he says — as charged — he and John Nikimbe Sylve (known as “Nicky”) — shot Steve Bushaw, and O’Neal says that the next day, he took apart and threw away the 2 handguns that were used in the shooting. As part of the plea agreement, he is pleading guilty to second-degree murder, with a firearms enhancement, and the state will recommend the lower end of the sentencing range, at least 10 years (though the judge is not bound to honor that), plus 16 months for the firearms enhancement.

The three remaining defendants – Sylve, alleged getaway driver Brandon Chaney, and alleged mastermind Bryce Huber – were in court this afternoon, Chaney and Sylve in street clothes, Huber in a brick-red jail-issue jumpsuit. For the past hour or so, their lawyers talked with the judge, and among themselves, discussing what happens in the wake of the eleventh-hour plea: Court is in recess until at least Wednesday, while the three defendants’ lawyers review forthcoming copies of O’Neal’s new statement; their clients still have the opportunity to enter pleas rather than go to trial, and the lawyers told the judge they’ll make decisions on that by late tomorrow afternoon. Meantime, O’Neal’s sentencing is tentatively set for March 4th. (For backstory on the case, here’s the trial preview published here last night.)

ADDED MONDAY NIGHT: More details from today’s proceedings:Read More

ORIGINAL 2:40 AM REPORT: No arrests yet in a Sunday night break-in that left two people with minor injuries. It happened around 8:30 pm in the 8800 block of 16th SW (map), according to Southwest Precinct Lt. Alan Williams. He says “initial reports” indicate two people wearing ski masks and armed with handguns forced their way into a house. They kicked one person – who declined medical assistance – and hit another with one of the guns; that person was taken to a hospital to have a facial injury checked out. A third person who was home apparently scared the attackers/would-be robbers away by running out of the house to call police; that, says Lt. Williams, led the attackers to run away too. Scanner traffic we heard at the time indicated a K-9 unit was used to try to find them, but searchers didn’t have any luck. Lt. Williams says detectives from the robbery division are now handling the case.

9:31 AM UPDATE: There’s now a story about this on SPDBlotter. Details are mostly the same, with a few additions: The ski-masked robbers are described as black men between 20 and 30; they are believed to have stolen a wallet; and police are asking the public for any information.

(February 2, 2009, sign outside Talarico’s, near the shooting scene)
By Tracy Record
West Seattle Blog editor

Almost two full years after 26-year-old Steve Bushaw was shot and killed in The Junction, four suspects are about to go on trial.

Monday is the official start of the trial for Bryce Huber, Brandon Chaney, Danny O’Neal Jr., and John Sylve, arrested in December 2009, charged with first-degree murder and conspiracy to commit murder. But murder trials are complicated proceedings, even more so in a case like this with multiple defendants, so jury selection won’t start for at least another week, and testimony isn’t expected before late January.

For this look ahead, in addition to revisiting the WSB archives and King County court records, we have checked in with Steve Bushaw’s family, as well as the King County Prosecuting Attorney’s Office.

Read More

Two car-crime reports to share tonight. First one’s from Siobhan:

Last year on New Year’s Day morning, my little red Dodge Neon was stolen from its parking spot under my apartment building. Got it back on January 6th, which just happened to also be my birthday. THIS January 6th, I went downstairs to go to work to find my car missing its passenger-side window, a pile of glass on the ground, a brick on the drivers side floor and the hood of my car propped up with the the cables from my battery removed. They rummaged through my glove box and the middle console, but didn’t take anything. I never leave anything in my car.

This happened in the 35th Ave SW/Morgan St. area. I filed a police report. The officer said that they more than likely disconnected the battery to disable a car alarm and that the same thing had happened to a few other cars in the last few days just down the hill towards Fauntleroy/California. Just wanted to leave a heads-up to my neighbors.

And from Sam:

Hi, just wanted to let your blog know that last night I had two aftermarket offroad bumpers stolen. One was stolen off of my 4runner and one off my tacoma. Both vehicles were parked near Morgan junction. I’ve also had both catalytic convertors stolen from both of these vehicles in the last few months. Getting sick of it. Keep an eye out if you live in the area. Also if anyone sees two black tube bumpers for sale please contact the police.