Whatcom County Prosecuting Attorney's Office

"We want to say congratulations, to a true hero of our community. Detective K. Bowhay, has retired from the Whatcom County Sheriff's Office after 34 years of service. He investigated countless complex cases and fought tirelessly to secure justice for our community.

Throughout his career, Detective Bowhay, was known for his tenacity, kindness, and compassion towards victims. He always went above and beyond to ensure that justice was served and that the people he worked with were treated with respect and dignity.

As a Whatcom County Sheriff’s Office Detective, he had the distinction of serving as a special investigator assigned to the Whatcom County Prosecuting Attorney’s Office for several years. Detective Bowhay, regularly attended Sexual Assault Response Team meetings where he would share his expertise. His presence and input were a huge asset to the meetings, and we were fortunate to have had the opportunity to work with him on many intricate and difficult cases. During his time in our office, he acted as a liaison and investigated and assisted in the prosecution of several high-profile cases including the Mandy Stavik case.

We are incredibly grateful for Detective Bowhay’s unwavering commitment to public safety and his dedication to our community. He has left a lasting impact on all of us, and his legacy will be felt for many years to come.

On behalf of the Whatcom County Prosecuting Attorney’s Office and the community we serve, we want to extend our heartfelt thanks to Detective Bowhay, for his incredible service. We wish him all the best in his well-deserved retirement and know that he will continue to make a positive impact in the lives of those around him.

Congratulations, Detective Bowhay! You are already missed."

Photo courtesy of Whatcom County Sheriff's Office.

Whatcom County Prosecutor, Eric Richey and Chief Criminal Deputy Prosecuting Attorney, Erik Sigmar, were in attendance on April 27, 2023 to honor the Lummi Nation’s proactive leadership and for the Grand Opening and Blessing Ceremony of Lummi’s New Life Center, X’awes Hellist Ew’xw, Stabilization & Recovery Services Center located at 2616 Kwina Road.

The detox and wellness center provides seven beds and 24/7 supervision designed for individuals seeking help with substance use disorders, including medical management for withdrawal symptoms. The New Life Center is designed to blend elements of existing outpatient treatment services along with cultural healing therapy. The Lummi Nation is leading the way towards addressing the Fentanyl epidemic and this is the beginning of their larger vision to help heal the community.

Lummi Nation Police Department

On Wednesday, April 26, 2023, officers of the Bellingham Police Department executed search warrants on four locations related to a series of investigations into chronic, repeated and prolific instances of graffiti “tagging” throughout Bellingham. The specific graffiti “tags” were “HOME,” “RHIZO,” “NOID,” and “MAZE” aka “EZMA.” Evidence seized during the searches supported the investigation.

One tag was documented 282 times with estimated restitution costs of $27,582 for associated clean-up to various downtown business owners and others. A second tag was documented 320 times, with estimated costs of $37,762. A third tag was documented 61 times, with estimated costs of $9308. A fourth was documented 138 times with costs estimated at $16,930.

The investigations have implicated four individuals. The Whatcom County Prosecuting Attorney’s Office will be filing felony Malicious Mischief charges against all four persons. Thus far, two individuals have been arrested and a first appearance is expected on May 12, 2023, at 8:30 am.

The investigation into these matters is ongoing. If anyone has further information on these investigations, including the possibility of reporting additional instances of graffiti tagging within the City of Bellingham, you may email Don Almer, Deputy Chief, Bellingham Police Department at [email protected]. Questions pertaining to the prosecutions of these matters may be directed to Eric Richey at 360-778-5710 or email [email protected].

EXPLAINING HOW DISTRICT COURT WORKS:

People are wondering how the disqualification of District Court Judge Jonathan Rands became overblown and a distraction. In short, our office legally disqualified Judge Rands from a number of cases, and the judge refused to follow the law and recuse himself. A higher judge has now ruled that he was wrong.

Here is the explanation regarding how this normally works and why it became an issue in this situation:

The filing of an affidavit of prejudice, sometimes known as a notice of disqualification, is not unusual. An affidavit of prejudice permits a litigant to disqualify a judge they think might not be fair in a particular case. Filing these affidavits is a right of all litigants, including both defendants and prosecutors. I have personally filed some affidavits and I bet that Judge Rands filed some when he was a private attorney.

All judges in Whatcom County receive these affidavits of prejudice. Some judges receive more than others for various reasons. Some judges don’t like them. Others are indifferent. But all of them follow the law and recuse themselves when they are filed.

What made this situation different was how Judge Rands reacted to receiving affidavits. Rather than recuse himself as law requires, he rejected them. He didn’t follow the law, and his reasons were not (proper/legal/sensible/sufficient). He tried to say our office filed the affidavits too late, which was (incorrect). Our office had to ask a higher court to make him follow the law. Yesterday Judge Robert Olson of the Whatcom County Superior Court told Judge Rands that rejecting the affidavits was “obvious error.”

Judge Olson further chastised those who attempted to win this case in the court of public opinion rather than the court of law. This included attorneys who knew (or should know) the law. Judge Olson had especially strong words for the lower court judges who wrote an opinion piece in the Herald for inappropriately attempting to influence his decision.

There is a written statute that allows anyone who goes to court to disqualify one judge they don’t think will be fair in their case. Doing this requires no proof of prejudice or even a reason.

Even though it wasn’t required, the Whatcom County Prosecutor’s Office had a valid reason. That reason was to protect community safety. My office had no plans to disqualify Judge Rands until he indicated that he was going to entertain motions to dismiss DUI cases based on (failed) arguments he spearheaded as a DUI defense attorney prior to becoming a judge. He had an apparent conflict in these specific cases. My deputy prosecutors told me about this, and we decided that disqualifying Judge Rands was the proper legal thing to do and necessary to protect the community.
DUI’s must be taken seriously. They are inherently dangerous and can lead to serious injury or death. DUI is so serious that our State legislature has proposed lowering the legal breath test limit in DUI cases this year.

We had ten (10) days to act from the date Judge Rands was assigned the cases, so we acted quickly. Judge Rands’ refusal to recuse himself was very odd, and his eagerness to hear these cases made me even more concerned.

The one-sided stories that began to pop up in the media from attorneys were even more concerning. Judge Rands’ own attorney, Steve Hayne, suggested that I might have filed the affidavits for political reasons. Other opinions followed, largely ignoring the law in favor of critiquing the practice of disqualifying judges, which is legal and a regular practice employed by most attorneys. I could not respond because the rules of professional conduct prohibit me from speaking to the press while litigation was pending and my office is a party. I can speak now.

I was not motivated by politics to file affidavits of prejudice, as some speculated. I only required Judge Rands to recuse himself from DUI cases he had a close connection with from his private practice prior to becoming a judge. If I was such a political zealot, I wouldn’t have said nice things about Jonathan Rands in the Western Front newspaper, in October of 2022, just prior to his election.
https://www.westernfrontonline.com/article/2022/10/whatcom-county-judge-candidates-campaign-on-equitable-access-to-justice. The truth is that I had no animosity toward Jonathan Rands. His refusal to follow the law came as a surprise, and we dealt with it by simply asking a higher court for review. And we were right.
I’d like to note that Judge Rands was disqualified from only about 6% of District Court cases. Our filing affidavits has not caused a burden or increased costs to District Court.

Since Judge Olson put this distraction to rest, I now hope and expect that business in District Court will go on as normal.

On January 23, 2023, Randolph McIntyre was brought to trial on two counts of Child Molestation in the First Degree and two counts of In**st in the Second Degree. After hearing from the survivor and members of her family, on February 2nd, 2023, Mr. McIntyre was brought to justice and found guilty as charged. He was immediately taken into custody pending sentencing, which is scheduled for next month.

To the family, thank you for having the courage to speak up. To the Whatcom County Sheriff's Office, thank you for your perseverance in seeing this case through. And to the jury, thank you for bearing witness to the family's story.

This case was Prosecuted by Senior Prosecuting Attorneys Maggie Peach and Benjamin Pratt, and investigated by Detective Erik Francis.

The Whatcom County Prosecutor's Office is hiring a clerk/receptionist.

Please apply or share this exciting opportunity! Posting closes October 16, 2022

https://wa-whatcomcounty.civicplushrms.com/careers/JobDetail.aspx?enc=QPQDKqwXNuJybHyCBjvzp/GRt/qhQmBDlEsHfj/JcZRfg6+IFyRUQ4r3zD+b6duL

SENTENCING UPDATE: Over three years ago, Stephanie Cresswell-Brenner broke up with Rigoberto Galvan. Mr. Galvan then broke into her home and murdered her for it.

Beginning on August 22, 2022, Mr. Galvan was tried for Aggravated Murder in the First Degree Domestic Violence and Burglary in the First Degree. The case was Prosecuted by Chief Criminal Deputy Prosecutor Erik Sigmar and Senior Deputy Prosecutor Benjamin Pratt. Bellingham Police Department Detective Travis Hauri and Crime Scene Investigator Melissa Whipple were the lead investigators on the case.

On September 15, 2022, after testimony from witnesses and experts, Mr. Galvan was convicted as charged of Aggravated Murder in the First Degree Domestic Violence and Burglary in the First Degree. We thank the jury for their service to this community.

On October 3, 2022, Stephanie’s family and friends provided a voice for her at sentencing. After hearing from them, Judge Evan Jones imposed the mandated sentence of life in prison without any possibility of parole.

The Whatcom County Prosecutor’s Office remains committed to the prosecution of domestic violence cases. We encourage those who experience, or have friends or family who experience, domestic violence or abuse to seek the following services.

DVSAS - Domestic Violence and Sexual Assault Services of Whatcom County 360-671-5714
National Domestic Violence hotline: 800-799-7233

Rigoberto Galvan fatally shot and killed his ex-girlfriend Stephanie Cresswell-Brenner. Yesterday, September 15, 2022, he was convicted of Aggravated Murder in the First Degree Domestic Violence and Burglary in the First Degree by a jury of his peers. This is a capital crime. Sentencing will be on the 3rd of October at 1:30 p.m. This will end an over three year long journey to bring Mr. Galvan to justice. We thank the jury for their service. A special thanks to the Bellingham Police Department and the witnesses who made themselves available to testify. Thank you for taking a stand against Domestic Violence. We understand this was a difficult case to be a part of and will likely remain in all of our memories for many years to come. This case was Prosecuted by Chief Criminal Deputy Prosecutor Erik Sigmar and Senior Deputy Prosecutor Benjamin Pratt.

SENTENCING UPDATE:

On August 2, 2022 the court sentenced Kamee Dixon to 34 years in prison for the aggravated homicide by abuse of a three-year-old child.

The Whatcom County Prosecutor’s Office urged the court to impose 57 years in prison, based on the jury finding that the victim was particularly vulnerable and that the defendant abused a position of trust. We believe 57 years would have been a fair and just sentence, but we understand that sentencing is the court’s purview and respect the court’s authority. We are obviously saddened by this case, but thank all of those who keep the victim’s memory alive.

In remembrance, we would ask the community to be vigilant and to immediately report suspected abuse of children.

Edited 7/5/22: We neglected to thank our legal team for their time and hard work on this case: Chief Deputy Prosecuting Attorney Erik Sigmar, Senior Deputy Prosecutor Gordon Jenkins, Paralegal Anna Webb and Detective Craig Frank from the Bellingham Police Department.

Today, the jury found Kamee Dixon guilty of Aggravated Homicide by Abuse, for the death of a three-year-old child. This concludes the longest known criminal trial in Whatcom County history. Dixon will remain in custody pending sentencing, at which she faces up to life in prison.

The jury concluded that Dixon used her position of trust to commit the crime of homicide by abuse and that she knew or should have known that the victim was particularly vulnerable. The jury, however, was not able to agree as to the other charge, murder in the second degree.

Bringing Kamee Dixon to justice took extraordinary effort. The trial began on March 28, 2022, and ended on June 30, 2022. Over a span of 95 days, the jury heard from over 32 State witnesses. This included representatives of the Bellingham Police Department, Department, Department of Children, Youth and Family Services, King County Medical Examiner's Office , Seattle Children's Hospital, Harborview Medical Center, PeaceHealth St. Joseph Whatcom County Fire Department, in addition to civilian witnesses. Justice would not have been possible without their cooperation and dedication.

To all those who made this possible, and to the jury’s steadfast service, on behalf of the Whatcom County Prosecutor’s Office and the victim’s family, thank you.

Today July 20, 2022 Mr. James Pray was convicted by a jury of his peers of Possession with Intent to Deliver both Methamphetamine and He**in.

Mr. Pray faces 60 – 120 months in prison for his conduct. Judge Evan Jones presided over the case. Thank you to the Whatcom County Sheriff's Office for their hard work on this case, and thank you to the jurors who took the time out of their busy lives to listen carefully to the evidence and render a just verdict.

The case was prosecuted by Deputy Prosecuting Attorney Andrew Bogle.

SENTENCING UPDATE:

On July 12, 2022, Sergey Kovalenko was given a sentence of 25 years (300 months) in the Department of Corrections, with the possibility of continued commitment for the rest of his natural life.

The State recommended Mr. Kovalenko serve 26.5 years (318 months) to life, which comports to the highest range allowable under the Washington State Sentencing Reform Act. Judge Robert Olson, when making his determination, noted that he balanced Mr. Kovalenko’s lack of criminal history with conduct deemed “monstrous” and a complete lack of remorse from Mr. Kovalenko.

We hopes this resolution provides some amount of solace for the survivors of this horrific abuse.

A huge thank you to Detectives Kevin Bowhay and Ken Gates from the

Whatcom County Sheriff's Office For their tireless work on this matter and their consistent dedication to protecting our community.

A man was convicted of ten counts of Child Molestation and one count of R**e of a Child in the First Degree on the 21st day of April, 2022 by jury verdict. Judge Robert Olson presided over the case. After an 8-day trial, which included the testimony of the survivors in this case, the jury deliberated 3 hours before returning guilty verdicts on all counts. This verdict demonstrates the survivors were heard and believed. The standard range sentence is 240 to 318 months. The Court ordered the Department of Corrections to provide a pre-sentence investigation and once received, a sentencing hearing will follow. We would like to thank the Whatcom County Sheriff's Office for their thorough investigation and the Brigid Collins Family Support Center for their victim advocacy. The case was prosecuted by Prosecuting Attorney Eric Richey and Senior Deputy Prosecuting Attorney Kacie Emerick.

On May 19, 2022, a man pled guilty in the middle of his jury trial to three counts of Child Molestation in the First Degree, three counts of R**e in the Third Degree, and one count Assault in the Second Degree Domestic Violence. Judge Lee Grochmal presided over the trial and found the defendant guilty of those charges at his change of plea. After a two day trial, which included testimony of one of the survivors, the defendant changed his plea to an amended information which resolved multiple other pending matters. The Court ordered the Department of Corrections to provide a pre-sentence investigation and once received, a sentencing hearing will follow.

We would like to thank the Bellingham Police Department for their thorough investigation in all these matters.

The case was prosecuted by Senior Deputy Prosecuting Attorneys Kellen Kooistra and Kacie Emerick.

Prosecutor Eric Richey speaks about crime in our community with Bellingham City Council - Government and Lt. Don Almer of the Bellingham Police Department

Bellingham's crime surge: no simple matter Council mulls limited jail space, new legislation, lack of treatment

Leaning into 'treatment over punishment': jail diversion programs show potential - Salish Current Amid calls to reform policing and criminal justice — and an aging, crowded jail — Whatcom officials, residents and law officers are looking to diversion programs for detainees with serious mental health or substance abuse issues.

A man was convicted of ten counts of Child Molestation and one count of R**e of a Child in the First Degree on the 21st day of April, 2022 by jury verdict. Judge Robert Olson presided over the case. After an 8-day trial, which included the testimony of the survivors in this case, the jury deliberated 3 hours before returning guilty verdicts on all counts. This verdict demonstrates the survivors were heard and believed. The standard range sentence is 240 to 318 months. The Court ordered the Department of Corrections to provide a pre-sentence investigation and once received, a sentencing hearing will follow. We would like to thank the Whatcom County Sheriff's Office for their thorough investigation and the Brigid Collins Family Support Center for their victim advocacy. The case was prosecuted by Prosecuting Attorney Eric Richey and Senior Deputy Prosecuting Attorney Kacie Emerick.

On April 7, 2022 Vincent Partin pled guilty to two separate drug trafficking offenses, a firearm possession charge, and eluding law enforcement. For these offenses he was sentenced by Judge Grochmal to five years in prison. Individuals who traffic illicit drugs in our county are perpetuating rising numbers in addiction, further crimes, and even death. Resolutions such as this not only hold individuals accountable for their destructive endeavors but also remove another point of access to dangerous, illicit drugs in our community. Andrew Bogle prosecuted the case.

A man was convicted of Child Molestation in the Second Degree and R**e of a Child in the Second Degree on the 31st of March, 2022 by jury verdict. Judge Lee Grochmal presided over the case. After a 9-day trial, the jury deliberated 4 hours before returning a guilty verdict on both counts. The standard range sentence is 102 to 136 months for these charges. The Court ordered the Department of Corrections to provide a pre-sentence investigation and once received, a sentencing hearing will follow. The case was prosecuted by Senior Deputy Prosecuting Attorneys Jesse Corkern and Benjamin Pratt.

We will no longer be accepting public comments on this page.

If you have questions, comments and/or concerns you wish to address, you can reach Eric Richey via email at [email protected] or on his cell phone at 360-410-6365

Thank you.

A message from Eric Richey:

I have heard quite a few stories of brazen theft in our community, and I am deeply concerned about this problem. Recent statistics of property crime, including auto theft, have been staggering. I want you all to know that I care about property crime, and my office is working hard to address the issue.

How we got here should not surprise anyone.
- In 2021, the legislature created new laws making it difficult for law enforcement to investigate people or pursue those suspected of committing crime.
- At the same time, COVID caused booking restrictions so that many offenders had to be released back into the community instead of being held.
- This was exacerbated by the fact that our jail cannot house or treat offenders appropriately.
- COVID also suspended jury trials for more than a year, which ended any sort of accountability that might follow an arrest.
Due to these problems, people are typically released almost immediately for property crimes despite the community’s wishes or the prosecutor’s recommendations. Incarceration is not always the answer, but some form of accountability is necessary to change behavior. People who were charged with crimes during the pandemic did not have to resolve their cases because there was no threat of trial. All of these factors came together these past two years and emboldened criminals, who knew they probably wouldn’t be chased and caught, and, even if caught, wouldn’t face any accountability.

But now this is changing. Legislation in 2022 authorizes police to again use some traditional force, allowing more criminal investigations (I was disappointed that 2022 legislation fell short in expanding pursuit to serious non-violent offenses, because we need people to know that if they commit crime, police will pursue them). While booking restrictions are still in place, trials have resumed, and having trials means that prosecutors will again be able to hold people accountable for the crimes they commit today and for the crimes they committed during the pandemic.

With trials resuming, I can assure you that the Whatcom County Prosecutor’s Office will hold people accountable. Public safety is my mandate and top priority, and, when we can hold people accountable again, crime rates will fall and public safety will improve.

If anyone would like to help with these issues, please contact your legislators and tell them that you would like police to be allowed to engage in pursuits for all crimes. Finally, get involved in the jail conversation. We need a new facility. Make your voice heard.

If anyone has questions or concerns, please email me at [email protected] or call me on my cell phone at 360-410-6365.

Thank you for your interest in our community.

Eric Richey
Whatcom County Prosecutor

Yesterday, two Whatcom County Sheriff Deputies were shot and injured in the line of duty while responding to a neighborhood dispute. On behalf of the Whatcom County Prosecuting Attorney’s Office, we extend our thoughts and wishes for a speedy recovery to the injured Deputies, their families and the Whatcom County Sheriff’s Office. This incident reminds us of the risks the women and men of law enforcement face on a daily basis as they serve and protect our community. We are grateful for all that they do.

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On February 25, 2021, the Washington State Supreme Court decided State v. Blake, No. 968373-0, 481 P.3d 521 (2021). In that decision, the Court determined that the controlled substance offense under RCW 69.50.4013(1) violated the Constitutions of the United States and the State of Washington. This decision impacts certain convictions for possession of controlled substances convictions, e.g., possession of methamphetamine, possession of he**in, etc. It does not impact the validity of convictions for drug offenses beyond simple possession (e.g., possession with intent to deliver or other controlled substances violations like manufacturing or delivery). It may however affect sentences on other offenses in which the criminal history included a simple possession conviction.
If you believe you have a Whatcom County conviction that is impacted by the Blake decision, you may request from our office to seek relief. Whether or not you will be entitled to some type of relief will depend on the facts of your case. In addition, if the conviction was the result of plea negotiations, the original charges might be reinstated and prosecuted.

Please also be advised, if you are working with an attorney to process your request for relief related to the Blake decision do not contact our office directly as we are only entitled to communicate with your attorney if you are represented in this matter.

You can contact us via email at:
[email protected]

Or phone: 360-778-5710

Father convicted of Manslaughter for causing the death of his infant son.

On July 14th, 2021 Cody James Shields, was found guilty of Second Degree Manslaughter following a jury trial in Whatcom County.

Cody Shields found his three-month old son Lucian Shields deceased in his crib after leaving him unattended for 10 hours. Whatcom County Medical Examiner, Gary Goldfogel, M.D., determined that the cause of death was malnutrition and dehydration based on prolonged parental neglect. The autopsy and examination of Lucian revealed that Lucian had nearly no body fat and that he had gained only one pound during his three months of life.

Parents, Cody Shields and Brittany Daniels were subsequently arrested and charged with Second Degree Manslaughter. Daniels took responsibility for her conduct and pled guilty to Second Degree Manslaughter on November 7th, 2019. She was sentenced to one year and a day in prison, with one year of probation. Daniels testified against Shields at trial.

Dr. Goldfogel testified that Lucian died from malnutrition and dehydration, while defense witness Dr. Daniel Davis testified that the cause of Lucian’s death was unknown. “Lucian’s cause of death was the central issue, and Dr. Goldfogel’s testimony prevailed with the jury,” said Whatcom County Prosecutor Eric Richey.

Shields faces a standard range sentence of 21-27 months in prison for his crime.

We stand in support of the men and women in law enforcement protecting our community. We will continue to do all we can to enhance the quality of life for all citizens in Whatcom County.

The Court of Appeals today unanimously affirmed the conviction of Timothy Bass for the first degree murder of Mandy Stavik who died in November of 1989. This cold case homicide went unsolved until DNA evidence came to light in 2017. The Court of Appeals upheld the conviction despite a challenge to the DNA evidence, as well as a number of other evidentiary and constitutional challenges.

The opinion in the case, State v. Timothy Bass No. 80156-2-I, can be found online at https://www.courts.wa.gov/opinions/pdf/801562.pdf.

Join Our Team! The Whatcom County Prosecuting Attorney's Office is hiring for an Administrative Manager and a Paralegal. Please visit the County's job openings for more information!

https://www.whatcomcounty.us/1675/Current-Job-Openings

https://www.respondwhatcom.org/

For up-do-date information on Whatcom County's Law Enforcement Assisted Diversion (LEAD) program, please visit respondwhatcom.org.

In the near future, the website will also have information on the Ground-Level Response And Coordinated Engagement (GRACE) and Community Paramedic programs!

Reimagining Public Safety IMPROVE LIVESREDUCE POLICE CONTACTKEEP EVERYONE SAFEBuilding caring community safety responses in Whatcom County What We're Doing “Low-level crimes disproportionately impact people of color. The LEAD program will reduce racial disparities at the front end of the system by diverting these types of ...

The Whatcom County Prosecutor's Office is hiring for a temporary Victim/Witness Coordinator to join our team! Please apply or share this exciting opportunity!

https://www.whatcomcounty.us/1675/Current-Job-Openings

The Whatcom County Prosecutor's Office is hiring for a temporary Victim/Witness Coordinator to join our team! Please apply or share this exciting opportunity!

https://www.whatcomcounty.us/1675/Current-Job-Openings

The Whatcom County Prosecutor's Office is hiring for a temporary Victim/Witness Coordinator to join our team! Please apply or share this exciting opportunity!

With the Law Enforcement Assisted Diversion (LEAD) program now in full operation, our Intensive Case Managers are working in the local community and serving each LEAD Member’s individually tailored needs. Within the last 6 months, LEAD has connected a total of 42 individuals with existing wrap-around services. These service connections have spanned from connecting individuals with housing options, behavioral health services, and/or connecting Members with substance abuse treatment opportunities.

More than 150 Whatcom cases dismissed due to state Supreme Court drug possession ruling Six people have also been dismissed from Whatcom County’s drug court program due to the ruling, Prosecuting Attorney Eric Richey said.