I think KXLY Melissa Luck and Taylor Graham and others at KXLY are doing a real good job on trying to document the Jonathan Andersen “catch and release” via court records, but the court records don’t tell the whole story and they never do. Having been made aware of the problems with the case immediately after Andersen was arrested for Murder I simply did more digging.
The KXLY story states this;
“Prosecutors, however, missed a 72-hour deadline to file charges and Andersen was released from jail without having to post bond. Spokane County Prosecuting Attorney Larry Haskell told 4 News Now that’s because his office was waiting on information from Spokane Police. When they finally got that info, it was a day too late.”
However, Public Records show otherwise. The truth is that Andersen was arrested for the firearms charge on Friday April 12, 2019 around 3PM, the 72-hour rule excludes weekends and holidays. On Monday April 15, 2019 sometime prior to 2:21 PM Deputy Prosecuting Attorney Tom Treppiedi had in his possession a charging request and PC Affidavit from SPD Officer Shane Oien. Oien had forgotten to include in his original charging request Andersen’s convictions that would have counted for First Degree Illegal Possession of a Firearm (Oien had included the charges in his search warrant affidavit);
* 2nd Burglary (2 counts) and Residential Burglary- conviction date 06/14/13
* 2nd Burglary- conviction date 11/19/08
* Residential Burglary – conviction date 02/09/06
* 2nd Assault – conviction date 05/26/05
On Monday April 15, 2019 at 2:21 PM Treppiedi sent an email to Oien in which Treppiedi stated “ As it is written, I can only charge 2nd UPF”, making it very clear that Treppiedi could have filed Felony Second Degree Unlawful Possession of a Firearm within the 72-hour restriction which would have held Andersen and later amend the charges upward to First Degree UPF, which happens often in the criminal justice system. Oien immediately responded to Treppiedi.
On Tuesday April 16, 2019 within the 72-hour restriction Oien prepared and signed under the penalty of perjury a PC Affidavit for charges of First Degree UPF against Andersen, which included the counters for First Degree UFP. The question is when did Treppiedi receive the amended PC Affidavit and what did he do with it.
This isn’t the first time the Prosecutors Office has accused SPD of not getting arrest paperwork and affidavits to them on time where someone was released and committed a heinous crime, the same thing happened when I was on the job which resulted in me having to write policy that all arrest affidavits and reports were required to be submitted to the Prosecutor well within the 72-hours and officers were required to obtain a signed, dated, and timed receipt from the Prosecutors office which alleviated the blame game and allowed the then strong SPD leadership to investigate exactly what happened as I have done here, determine whether or not SPD Officers were to blame and if they weren’t publicly call BS on a Prosecutor who blamed SPD, that type of leadership doesn’t exist today.
https://documentcloud.adobe.com/link/track?uri=urn:aaid:scds:US:af8c4a55-9c40-4034-9b30-c3d659ce6300
The digital records regarding when Oien submitted the charging affidavit would show when Treppiedi received it, but because there is a lack of accountability in the system and because there was a huge mistake in letting this guy out, the local criminal justice system will just hope it goes away, be forgotten and no one will be held accountable.
Shortly after the Murder Jonathan Andersen became a prime suspect and people were talking.
https://www.kxly.com/news/woman-shot-and-killed-while-driving-in-wandermere-area-sunday/1092931466
Notice from the KXLY story above that the Murder Andersen is charged with took place on Sunday July 7th, 2019 around 4:30 PM. Prior to the Murder on July 5th, 2019 Marcy Smith the County Criminal Court Coordinator whose job it is to try and keep track of cases sends Treppiedi this what the hell is going on with this case email.
Buffalo Brian Breen 