More Information Needed
The Spokesman-Review staff writer Taryn Brodwater's September 3, 2005, article headlined Trouble obtaining warrant frustrates officer reported the Kootenai County Sheriff's Department (KCSD) was publicly expressing its frustration that the Kootenai County Prosecuting Attorney's Office (KCPA) had not responded promptly to two KCSD requests for an arrest warrant for a Kootenai County violent sex predator who had failed to register his change of address as required under Idaho Code 18-8311(1).
But there was some important information missing from the newspaper story, information that would have helped readers better determine who fumbled the ball and why it was fumbled.
The story did not explain why the KCSD even sought an arrest warrant when Idaho Code 19-603.3 permits a peace officer "...to make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: 3. When a felony has in fact been committed and he has reasonable cause for believing the person arrested to have committed it." The offender named in the story, Daron Lee Barwick, had in fact committed a felony when he failed to register within the five day period prescribed by law. The KCSD clearly had evidence beyond reasonable cause to believe Barwick had committed that felony.
The article ought to have explained if either the KCSD or the KCPA has a policy requiring an arrest warrant be obtained before an arrest can be made for felony failure to register under 18-8311(1). For example, has the KCPA told the KCSD it will not accept probable cause (reasonable cause) arrests for 18-8311 violations? Or does KCSD policy require an arrest warrant be obtained before an 18-8311 offender can be arrested?
If, as KCSD spokesman Captain Ben Wolfinger suggested, getting a noncompliant violent sex predator into custody was such a priority for the KCSD, why didn't the KCSD make the arrest on probable cause (reasonable cause) rather than letting a warrant application languish for almost two weeks in the prosecutor's office? Or why didn't the KCSD Sergeant, the Captain, or the Sheriff present himself at the KCPA and do some desk pounding to get the warrant application processed more quickly?
On the other hand, if the KCPA requires agencies to submit warrant applications for 18-8311 violations, if the KCPA will not accept probable cause (reasonable cause) arrests for these violations, this should also have been reported, because it validates the KCSD's reported frustration.
But there was some important information missing from the newspaper story, information that would have helped readers better determine who fumbled the ball and why it was fumbled.
The story did not explain why the KCSD even sought an arrest warrant when Idaho Code 19-603.3 permits a peace officer "...to make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: 3. When a felony has in fact been committed and he has reasonable cause for believing the person arrested to have committed it." The offender named in the story, Daron Lee Barwick, had in fact committed a felony when he failed to register within the five day period prescribed by law. The KCSD clearly had evidence beyond reasonable cause to believe Barwick had committed that felony.
The article ought to have explained if either the KCSD or the KCPA has a policy requiring an arrest warrant be obtained before an arrest can be made for felony failure to register under 18-8311(1). For example, has the KCPA told the KCSD it will not accept probable cause (reasonable cause) arrests for 18-8311 violations? Or does KCSD policy require an arrest warrant be obtained before an 18-8311 offender can be arrested?
If, as KCSD spokesman Captain Ben Wolfinger suggested, getting a noncompliant violent sex predator into custody was such a priority for the KCSD, why didn't the KCSD make the arrest on probable cause (reasonable cause) rather than letting a warrant application languish for almost two weeks in the prosecutor's office? Or why didn't the KCSD Sergeant, the Captain, or the Sheriff present himself at the KCPA and do some desk pounding to get the warrant application processed more quickly?
On the other hand, if the KCPA requires agencies to submit warrant applications for 18-8311 violations, if the KCPA will not accept probable cause (reasonable cause) arrests for these violations, this should also have been reported, because it validates the KCSD's reported frustration.
posted by Bill McCrory | 9:30 AM
3 Comments:
Bingo, Bill! KCSD could have arrested the offender on probable cause without a warrant. Looks like a blindside by Wolfinger whose political ambitions are no secret. His comment does nothing to serve teamwork. I recall either Susan Drumheller or Cynthia Taggart doing a recent piece on the aggressive number of sex offenders who failed to register who were being prosecuted by the DA recently. Wolfinger just needs to have the limelight, doesn't he? The DA and his chief assistant handled this blindside graciously.
Bill,
How about you take a look at the Lizzy Goodwin case. Talk about failure to protect a child and then cover it up. My God the guilt that must be going through the mother of Lizzy Goodwin and the rest of Lizzy's family. Ask Barry Black from the prosecutors office what happened. Ask him why did he pulled Lizzy out of childrens village and put her back into the Whittle home after she was abused and knew the Whittles had outstanding warrents for their arest. Ask Ben Wolfinger what he did to protect Lizzy after he had been over to the Whittle's on child abuse aligations. Ask Bill Douglas what he did to protect Lizzy. Ask Jim Simkin a pastor at Real Life Ministries what he did to protect Lizzy. Then ask them what Church they all go to. Ask Jim Simkin if he was a CASA and a former federal investigator. Ask what church the Whittles were attending and the churches role in putting Lizzy back into the Whittles home. Ask how long Denice Whittle spent in prison for her part in the murder of Lizzy. See the article from the Spokesman-Review dated Friday, October 25, 2002 "System fails child, 6" and the article from the CDA Press "Dead autistic girl's guardian says witnesses lied". All I want is for the truth to come out and the cover ups by those that are suppose to protect us stopped. See the article in the CDA Press. Payoffs: Steps should be taken to prevent secrecy again". And my favorite article which tells the whole story from the Spokesman Review dated May 3, 2003. "GOP club asked to help change law". And one more thing. You might want to ask what church the editor of the CDA Press belongs to and why his church was never mentioned in any of the Lizzy Goodwin articles.Once again I just want the truth to come out so this kind of thing never happens again to another child.
Oh just one more article to shed a little light on things. From the Spokesman-Review dated August 10, 2005. "New judge picked for Duncan case".
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