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.
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.
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.
In Ms. Smith’s email she states that the information (PC Affidavit etc.) was filed on “ 4/18” which is one day beyond the 72-hour requirement, which begs the question if Treppiedi had Oien’s amended PC Affidavit on April 16th or 17th why it wasn’t filed with the Court when it was received.
I have provided links below to the Public Records I have obtained and if you read them you will find that there are a lot of interesting aspects to this case which I won’t get into at this point but include issues with SPD PACT, US Marshal Service, ATF, and DEA. You might note ATF Agent Mario Piergallini’s interest in taking the case and Assistant US Attorney Patrick Cashman’s request to talk to Treppiedi about the case.
I did reach out to Cashman and got the good old “no comment” but I’m not a pretty face like the KXLY gals so maybe they would have better luck? 😊
There is no question Andersen is a bad guy and never should have been released, as long as the system is made up of Humans there will always be problems and when those problems occur they need to be scrutinized, corrected, and someone must be held accountable.
“4 News Now reached out to Sheriff Ozzie Knezovich for comment, as he often weighs in when criminals are released on low bond or on their own recognizance. A spokesman for the sheriff’s office said the sheriff won’t comment, as this is still an active investigation.”
This story should pretty well explain why Ozzie kept his mouth shut this time! 😊