Wednesday, April 22, 2020

Cars and steak during COVID-19

Two employees of Prince Frederick businesses took time last week to reflect on how their lives have recently changed due to the coronavirus.
Mike Wang, the sales manager at Bayside Chevrolet/GM/Toyota and Anna Miller, a bartender at Outback Steakhouse, had different experiences in their respective industries.
Wang, who has been in his job for five years but has been in the car sales business for 29 years, is still working full-time.
Miller, however, had her hours cut from 40 to about 20 per week and had a little bit of a position change when she was one of the few selected for what she called the “skeleton” crew.
Miller, who graduated from Huntingtown High School in 2014, is now handling to-go and delivery orders.
“It’s definitely a huge pay cut,” she said, noting that she applied for unemployment benefits but was turned down.
Miller said she was one of about 20 employees who kept working at the business located at 80 Central Square Drive. There were about 50 employees at the store when the impact of COVID-19 hit, she said.
Things aren’t as tight as they might be, however, because she is living with her father and brother, who both work for essential businesses in Charles County: one is a Verizon Fios cable installer and the other is a car salesman.
“My tips have been cut in half, so I’m unable to save for an apartment,” Miller said, noting that she plans to enroll in a masters school psychology program at Towson University in the Baltimore area in the fall. Miller said she might end up commuting to school for the first semester.
COVID-19 “puts into perspective personal hygiene and cleaning,” she said.
Socially, Miller said she’s going “stir crazy. I’m a regular gym-goer. I’ve been going for walks with my dog.”
“I haven’t seen my friends in weeks,” she said, noting that she uses video calling to connect with them once a week. She’s fortunate that one of her best friends is still employed on Outback’s skeleton crew, however. The connections with one of her friends, who is an intensive care nurse at Johns Hopkins Medical Center in Baltimore, have been more sporadic. “I haven’t talked to her because all she does is work,” Miller said, adding that they exchange texts sometimes.
The Bayside automobile dealership closed for a week following Gov. Larry Hogan’s closure of non-essential businesses on March 23. Wang said the business shut down and looked at its business model and did some deep cleaning.
“It’s affecting everybody,” he said. “It’s a little bit harder for us since autos are a bigger ticket item.”
The business reopened with reduced staff and hours, he said. Previously it would have five or six salesmen on duty daily, but now it’s two or three.
Business is down about 30% from what it was before. However, “there’s still a need. We see customers on a daily basis,” Wang said.
Employees wipe down their desks every 30 minutes, he said, and sales staff practice social distancing, which involves a salesman and a customer sitting at different desks at least 6 feet apart.
In response to COVID-19, Bayside is offering incentives and programs that have “never been stronger,” Wang said. This includes 0% financing for 84 months on Chevrolet/General Motors vehicles and giving customers 120 days to make their first payment, as opposed to 45 days.
Toyota is offering cashback rebates, which differ from $1,500 to $3,000 per vehicle, and allows customers to make their first payment in 90 days.
The financial hit the business saw at the onset of the coronavirus was the fastest that Wang has seen in his 29 years in auto sales, he said, noting that includes the ups and downs of the industry. “It was almost like a knee-jerk reaction,” he said.
The business has seen about a 20-to-30% increase in online activity, said Wang, who commutes 45 minutes from his home in Upper Marlboro in Prince George’s County. Wang said he takes a shower as soon as he gets home and is the one who has been buying groceries for the family so that his wife and 5-year-old daughter don’t have to go out. “You’re dealing with people’s lives. It’s not about the money. I just think we all have to work together as a community and citizens of a great state,” he said, adding that Hogan “has been very pro-active.”

Twitter: @CalRecCALEB

How one church is dealing with COVID-19

COVID-19 didn’t stop religious and spiritual movements in Calvert County, but it did cause a change in methods.
Bishop William Patton Jr., pastor of Calvert Lighthouse Tabernacle, said he has been live streaming services on Sunday morning and Wednesday evening on the church’s website, calvertlighthousemd.com, from a studio he set up in his basement.
Since he also plays the keyboard and sings, Patton said the online services have sort of been a “one-man show.”
He switched things up a bit on April 12, by having a drive-thru service in the church’s parking lot at 40 Clay Hammond Road in Prince Frederick. That involved five or six men directing traffic and Patton and two others on a makeshift platform under a canopy, all practicing social distancing.
“It’s much easier for me to do drive-thru church,” he said. “We’re able to see each other and not feel so isolated.”
Less than half of the congregation showed up, however, probably for various reasons, including the fact that people can’t use a restroom on the property. Nonetheless, Patton said he will probably continue having Sunday drive-in services.
Patton also offers Bible studies at noon on Tuesdays and Thursdays through Zoom, an app or website that allows interaction by multiple participants.
Children and youth ministries have expanded in the midst of the coronavirus crisis, he said, noting that Zoom is also used for those on Sundays and Thursdays. Before, children and youth would only meet on Sunday. “We’ll keep it once a week” when things return to normal, he said of the Zoom small group meetings. “That’s been a positive because we ‘touch’ the kids more” throughout the week with it.
“The hardest part for our church is the financial part,” said Patton, who’s been pastoring the church since 2002.
He explained that donations have declined due to people either not working or having their hours reduced.
In addition, a food pantry that the church hosts has seen a doubling of those it serves. As a result, Lighthouse Tabernacle has expanded its drive-thru food pantry from once to twice a month: the first and third Saturdays from noon to 1 p.m.
Patton said the church buys food from the Maryland Food Bank and picks it up from End Hunger in Calvert County’s warehouse the day before the distribution date.
Diana Newsome, who started the church’s food pantry four years ago, said End Hunger also donates items.
Newsome said the food bank ministry “is an absolute joy because when we can bless others, it gives people hope. In this time of crisis, hope is what you’re looking for.”
Although Patton said he’s been preparing for such a financial hit for a while — the church began offering online and text giving six years ago — it is still taking its toll.
Patton said he considered applying for a loan from the federal government, but decided against it for now. Citing the Small Business Administration’s $350 billion loan fund — which was tapped out as of last week — Patton said he didn’t want to take on a loan in the midst of the crisis.
Although some of it might not have to be paid back, Patton said that unless things get worse, he won’t apply for a loan.
He’s forgoing his salary, he said, adding that he also isn’t eligible for unemployment.
Patton expressed distaste for the March 23 executive order of Gov. Larry Hogan (R) that declared liquor stores, but not churches, as essential.
The order was supported by state Comptroller Peter Franchot (D), primarily for economic reasons. Patton called the decision “a slap in the face to people who have faith and lean on their faith.”
“We’re in a new world,” he said. “The church will survive. We just have to deal with people in a different way.”
Twitter: @CalRecCALEB

Tuesday, October 8, 2019

‘The Chase is on, with a few Miles left before its Pohl time’

I enjoy turning a phrase. Being a wordsmith has its privileges.
Nov. 5 is right around the corner, and Chesterfield voters could have a big say in which party controls the state Legislature for the next two years.
Since the Republicans only have a tenuous one-seat advantage in both the state House and Senate, each seat that could represent a tight margin will be closely watched.
Virginia’s off-year election cycle usually doesn’t result in as many voters as even-numbered years – such as 2020 when President Trump will face off with former Sen. and Vice President Joe Biden, Sen. Elizabeth Warren or candidate X – but this year’s results will be interesting.
Incumbent Republican state Sen. Amanda Chase – a maverick not afraid to buck her own party, including county sheriff Karl Leonard and Senate Majority Leader Tommy Norment Jr. of Williamsburg– will square off with Democrat Amanda Pohl in a race that could be billed as, “Chase to the Pohls” or the “Battle of the Amandas.”
An atypical Republican in some respects, Chase fought for a coal ash solution statewide, including at Dominion Energy’s Chesterfield power station, and also is a member of the “transparency caucus,” a bipartisan group that calls for more open government, including video coverage of committee meetings.
However, she had been criticized by others for a parking squabble downtown with a capitol police officer and for other things, such as a campaign ad that said she was “not afraid to shoot down gun groups.” Some groups on the left side of the political spectrum took offense at the ad, although I wouldn’t exactly refer to gun control advocates as “gun groups.” Nonetheless, Chase attributed to the wording to a mix up with an ad agency.
There has been a fairly large hue and cry amongst the media and Democrats about Chase, but I would guess that what’s more important is whether you agree with her positions or not.
Senate District 11 represents most of Chesterfield, along with Colonial Heights and Amelia County. Trump won the district in 2016 by 11 points, but Sen. Tim Kaine won it by 1 point in 2018.
In Senate District 16 – which includes a swath of eastern Chesterfield – Democrat “Fightin’ Joe” Morrissey faces his former employee, independent Waylin K. Ross, who gained notoriety earlier this year by allegedly smoking a marijuana blunt during a campaign photo shoot. Ross has raised only $3,413 as of Aug. 31, according to the Virginia Public Access Project, compared to $120,645 for Morrissey. I don’t normally pay much attention to campaign finance reports, but that disparity is glaring.
Ross will undoubtedly get some support from those who do not like Morrissey, and although he’s apparently got more than a few in that category, Morrissey recently held a fundraiser with former Gov. Terry McAuliffe and Sen. Minority Leader Dick Saslaw. Not sure what to make of it other than Morrissey said he will caucus with the Democrats. If Morrissey isn’t treated with respect, the independent-minded disbarred former lawyer could become the “elephant” in the room, so to speak. Like Chase, he’s not afraid to buck the party establishment, calls himself pro-life and has voted for some abortion restrictions, supports charter schools, and can be frequently heard criticizing party officials, some of which he recently called “jackasses.” Morrissey says he’s not a sheep, but is really a “black sheep” of the state’s Democratic Party.
Who will be caucusing with whom is a question of no small importance if the Senate and House deadlock at 20-20 and 50-50. A power-sharing agreement would be needed in those cases, although certain moderates and mavericks of either party could possibly be persuaded to support the opposition party’s leader if plum committee assignments or promises to vote on specific legislation are offered, for example.
First-term Republican state Sen. Glen Sturtevant of Senate District 10 – which includes the northern fringe of the Dale District – defeated Democrat Dan Gecker by 2.7 percentage points in 2015, despite being outspent $2.9 million to $2 million. Sturtevant faces Democrat Ghazala Hashmi, an Indian immigrant who would be the first Muslim woman to serve in the state Senate. As of Aug. 31, Sturtevant has outraised Hashmi, $759,000 to $607,000, according to VPAP. Possibly recognizing his swing district, earlier this year Sturtevant was the lone Republican to vote in committee for a “red flag” gun control bill that died on a 7-7 vote.
A couple of Chester-area House races are up for grabs, including the redrawn District 66 of Speaker Kirk Cox, R-Colonial Heights. Cox – who plays up his party’s support of tax cuts and teacher pay raises, for example – has a race on his hands with Sheila Bynum-Coleman, a Democrat who nearly knocked off Del. Riley Ingram two years ago.
The new District 66 includes a little more than half of the old one, but adds southern Matoaca and narrows as it heads north to Midlothian Turnpike (Route 60). Hillary Clinton won the area encompassing the new district by 4 percentage points in 2016, so Cox has his work cut out for him. He has outraised Bynum-Coleman, $1.17 million to $470,308. Linnard K. Harris Sr., an independent, has raised $10,179.
In House District 62, Chesterfield school board member Carrie Coyner, a Republican, faces Democrat Lindsey Dougherty, a newcomer and county budget analyst. Coyner has raised $464,600 to $83,534 for Dougherty, who narrowly defeated Tavorise Marks in the primary. Dougherty is the underdog in the district that went for Trump by 5 points in 2016.
In Chesterfield County races, Commonwealth’s Attorney Scott Miles has had nary a year to implement some criminal justice reforms following his surprising, close victory over John Childrey to finish the term of longtime former CA Billy Davenport. It seems that race will come down to whether the public agrees with Miles’ reforms. Police chief Jeffery S. Katz and sheriff Karl Leonard haven’t criticized Miles so much for his policy changes as the way in which he went about them. According to reports, the men have said they would have preferred collaboration with Miles instead of being put into a situation in which they were essentially left reacting to the changes.
A Republican, Leonard has his first challenger since being appointed to replace Dennis Proffitt in February 2014. Independent Rahn Kersey is running a low-budget campaign against Leonard, who implemented the Heroin Addiction Recovery Program and others, and who has had a public spat with Chase that started when she posted a photo on Facebook with some law enforcement officers. Chase subsequently posted a photo of Kersey’s endorsement of her and was then kicked out of the Chesterfield Republican Committee (she is still the state party’s nominee). Chase criticized Leonard for not cooperating enough with the federal bureau of Immigration and Customs Enforcement. Leonard – who has not been willing to honor detainer requests from ICE for inmates for up to 48 hours after their release dates – has based that on his desire not to get sued and cost the county taxpayers money.
According to ICE.gov, “many jurisdictions across the country cooperate with ICE’s detainers … in some cases, state or local laws, ordinances, or policies restrict or prohibit cooperation between local law enforcement and ICE … Unfortunately, a number of aliens who have been released under these circumstances have gone on to commit additional crimes, including violent felonies. ICE maintains that most of these crimes could have been prevented if ICE had been able to assume custody of these aliens and remove them from the country in accordance with federal immigration laws.”
Leonard said he’s followed legal opinions from county attorney Jeffrey L. Mincks and state attorney general Mark Herring. Leonard said the county’s current policy has been in effect since Nov. 1, 2014.

Thursday, September 13, 2018

Charges dismissed against man, two police officers disciplined

A Richmond man who was arrested following an incident near Virginia State University at 12:30 a.m. March 28 had two misdemeanor charges against him dismissed late last month.
The Virginia Commonwealth Attorney’s Office decided to not proceed with the prosecutions for illegal window tint and obstruction of justice against James Edward Monk, 22.
On Monday, Chesterfield police spokeswoman Liz Caroon said the four officers who were on scene at the time the Taser was deployed were retrained on the use of the Taser. Two officers on scene were disciplined as a result of the internal investigation, but the department would not release their names. However, officers D.W. Gulick Jr. and an officer Curtis were named in a Chesterfield Circut Court document as the officers who pepper sprayed Monk, and Gulick said he used a conducted electrical weapon, or Taser, on Monk the night of the incident.
Chesterfield police Capt. Randy Horowitz has said that the use of a Taser in the incident was not in accord with department policy.
Two summonses for Monk were signed by Gulick, who was listed as the arresting officer. Chesterfield police sent defense attorney Mark Englisby a letter dated May 22 that included Gulick’s summary of the incident. In the summary, Gulick said that after Monk exited a vehicle, he resisted arrest and refused to put his hands behind his back, then Gulick and officer Curtis each pepper sprayed Monk after they had taken him to the ground.
Gulick said he then Tased Monk with a conducted electrical weapon, whose probes struck Monk’s left thigh and right abdomen. Afterward, Monk immediately complied with commands and was taken into custody without further incident, the summary states.
The Chesterfield NAACP’s Legal Redress Committee chairman, Tavorise Marks, held a press conference at the Chester Library on May 31 to protest the treatment of Monk, who was pepper sprayed twice and Tased once after failing to comply with police officers’ orders during the incident, which lasted three minutes and 11 seconds.
Police said Monk was stopped at 12:30 a.m. at Second Avenue and James Street in Ettrick for illegal window tint. When asked for his driver’s license and registration, Monk said he had a license but didn’t have it with him.
On May 22, Englisby filed an order with the Chesterfield County General District Court that he be replaced as Monk’s legal counsel by Sara M. Gaborik based on Monk’s request. Judge Robert D. Laney signed the order May 24.
Englisby did not return a phone call for this story, and Gaborik could not be reached.
On Aug. 22, Judge Matthew D. Nelson signed the dismissal orders from Chesterfield Assistant Commonwealth’s Attorney Julian Viscidi for the two charges against Monk.
During the May 31 press conference, Monk said he believes he was treated differently “because I am a young black male and they automatically expect something.”
Monk was detained so that police could search the vehicle he was driving after an officer said he smelled a “strong odor” of marijuana. At the press conference, Monk said he doesn’t smoke weed. No drugs were found in the vehicle. “Saying they smell marijuana gives them the right to do whatever they feel,” Monk said.
Chesterfield NAACP president L.J. McCoy and Chesterfield police chief Jeffrey Katz released a joint video in mid-June in which they rebutted Marks’ interpretation of the March 28 incident without referring to Marks by name. Katz said that some in the NAACP had “played fast and loose with the facts” and “misrepresented information to the public in an effort to sow the seeds of fear and distrust.

Friday, February 2, 2018

Caleb's Corner: Colorado City now getting the attention it deserves


Something is finally being done about Colorado City.
Recent news that the Mohave County supervisors approved funding for a building that will be jointly used by various county and state agencies represents some of the best news in a long time about the northern Mohave County community.
All three supervisors deserve credit for voting for this funding as does state Sen.Linda Binder, who has been on top of this issue for some time. Although this issue is probably one of the few things I agree with the Lake Havasu legislator about, the soon-to-be-departing state senator deserves credit for keeping this issue on her agenda.
Utah Attorney General Mark Shurtleff has also been very active lately in pressing this issue legally.
His recent remarks that he intends to bring charges against FLDS prophet Warren Jeffs represent a positive sign that something is being done about the problem.
For those who don't know – and it's hard to imagine any upstanding citizen not knowing – the Colorado City area is a polygamous community known for pressing young women, i.e.early-teen girls, into pre-arranged marriages against their will.
The merits or demerits of polygamy can and will be debated well into the future, as the recent Supreme Court decision approving another court's striking down of state anti-sodomy laws could very well bring this issue to the forefront.
As Justice Antonin Scalia noted is his dissent on that decision, the court's rationale logically could lead the court to strike down state anti-polygamy laws.
At least, that is, if the court retains the same logic it used in the anti-sodomy law case.
Be that as it may, there is nowhere in civilized American society today for a religious group that forces underage teenaged girls into marriages against their will.
There are other problems associated with the lifestyle of this Mormon offshoot group, and those will be brought to light in the future as well.
Flora Jessop escaped from the Colorado City area some years ago, and she had quite a story to tell.
Some of it has been profiled on the pages of the Miner and other newspapers, and I'm sure more will be forthcoming.
Mohave County Sheriff Tom Sheahan says he is keeping on top of the issues with daily contacts made to the offices of the governor and attorney general.
This is a good thing.
The sheriff has dispatched deputies to the area on a rotational basis for several weeks following the excommunication of 21 men from the Fundamentalist Church of Jesus Christ of Latter-day Saints.
During last year's election, independent gubernatorial candidate Richard Mahoney made Colorado City's polygamy and its associated issues a major part of his campaign.
Mahoney was reviled in the major media for this as he targeted Republican candidate Matt Salmon for what he likely wouldn't do as governor because of his Mormon religion, and and Democrat Janet Napolitano for what she didn't do as attorney general.
I think Mahoney was hurt because he was telling the truth.
Sometimes the truth hurts.
I have observed that the American public generally doesn't like its political candidates telling the cold, hard truth.
No matter what we say, most of us want to hear smooth-sounding platitudes from our candidates.
Sometimes one has to "go negative" in order to get the truth out.
I will say this, however. There is no doubt Mahoney's campaign put the Colorado City issue on the front burner like no political candidate or politician since former Arizona Gov. Howard Pyle in the 1950s.
Pyle had numerous polygamous men from Short Creek arrested in "Operation Seagull" and transported to Kingman, according to Utah historian Will Bagley. The public pressure brought to bear against Pyle was great, however, and the polygamous men were later returned to their Arizona Strip homes.
I remember reading about Pyle's aspirations for national office when I was looking through some back issues of the Wickenburg Sun a few years ago, when I was employed as a reporter in that northwest Maricopa County community.
Pyle's bold move likely cost him any chance he had to run for president.
Where Pyle failed, maybe Mahoney and others will succeed.
We can only hope this is the case.
The lives of many young women, young men and their children are at stake.
Caleb Soptelean is the Miner's law enforcement reporter.

https://kdminer.com/news/2004/feb/06/calebs-corner-colorado-citybrnow-getting-attentio/

Tuesday, January 30, 2018

Polar bears, late UM professor featured in FLIC film

POLSON — Local filmmaker Frank Tyro got emotional while working on “Walking Bear Comes Home.”
“There were times I just had to walk away and come back to it,” he said, referring to the 57-minute documentary about the life of his mentor and friend, the late Charles Jonkel, a wildlife biologist and University of Montana environmental studies professor.
Much of the film, which was shown Saturday afternoon at Showboat Cinemas as part of the Flathead Lake International Cinemafest, was about Jonkel’s work with polar bears in the Arctic Circle. 
Jonkel began his work with polar bears in 1966 in Canada with the Canadian Wildlife Service. 
Near the beginning of the film, Jonkel and a co-worker are interviewed about a helicopter crash on Ellesmere Island, Canada where they went “way off course,” crashed, pitched a tent and slept on the seats from the helicopter until another chopper just happened to fly by. 
In the film, polar bears are described as “big pussycats compared to grizzlies and a lot of black bears.” However, on one occasion Jonkel helped pull a coworker out of a polar bear den after he was grabbed by a mama bear and pulled into the den. The man had been walking over the den on about 10 inches of snow so that the sow could see him. He and the bear swatted at each other inside the den — her cubs were also there — until the bear threw the man up and out of her lair. Jonkel heard the man’s cries and just happened to be at arm’s length when he was ejected. 
Jonkel said he took an Inuit native along whenever he traveled in the Arctic Circle because they knew the geography. He had a special rapport with the natives, a coworker said. 
Jonkel spent hours capturing, drugging and tagging polar bears for his research. At times this involved helping them breathe when they were sedated. This artificial respiration included pushing down on their rib cage, pulling their skin and lifting a foot. 
He described polar bears as curious about people. They would sometimes interact with groups of four or five humans. “They would look and sniff, look and sniff and turn around and walk away,” he said. 
In 1981, Jonkel helped found the Great Bear Foundation to benefit North American grizzlies and other bears. Eventually eight species of bears would be helped by the non-profit organization that has offices in Missoula and Haines, Alaska. 
Although he first studied pine martens as an underclassman at the University of Montana, Jonkel began a black bear study in 1959 while pursuing his master’s degree. At first he didn’t want to do it because they had interfered with his pine marten study, but it was either that or a summer job raking leaves so he chose the black bear study even though it paid less. 
Jonkel then worked with bears for more than 50 years. He also studied arctic ecology, taught conservation-based field courses to the general public and wildlife research techniques. 
He brought a woman coworker to the Arctic and received some “nasty” feedback about that, Jonkel said. The woman was apparently the first non-native woman to work in the Canadian Arctic. 
Jonkel was instrumental in getting the U.S., Canada, Denmark (Greenland), Russia and Norway to establish quotas for polar bear hunting through the International Union for Conservation of Nature (Oslo 1973) and also helped guarantee indigenous hunting rights.
He was a founder of the International Wildlife Film Festival and worked for ethics and accuracy in wildlife media. Tyro worked with Jonkel at the Missoula festival before getting involved in FLIC. 
Tyro said it took about 10 years to complete the film with the last five or six years “in earnest.” 
In a brief question-and-answer following Saturday’s film showing, Tyro said Jonkel was “the best wild game cook in the world.”
Tyro, who has worked on about 150 films, said he hopes Walking Bear Comes Home inspires others to visit the Arctic and other ecosystems. 
Jonkel, who was born July 16, 1930 in Chicago and raised on his grandparents’ farm in Wisconsin, retired in 2012. He died April 12, 2016. 
Walking Bear Comes Home DVDs, which include bonus footage, can be purchased at greatbear.org for $20. 

Tuesday, January 23, 2018

Man gets 43 days in jail for assaulting convicted rapist

Issue Date: 1/24/2018
POLSON — A 27-year-old Polson man was convicted at trial Tuesday, Jan. 16 of misdemeanor assault of convicted rapist Vaughn James. 
Kasey Pier was tried for felony assault with a weapon for allegedly stabbing James outside the Pier 93 downtown Conoco gas station on July 22, 2016. The six-man, six-woman jury was unable to reach a decision on the assault with a weapon charge — Pier denied stabbing James with a knife — but convicted him on the lesser offense because Pier said he punched James. 
Since it was a misdemeanor, Judge James A. Manley sentenced Pier at the conclusion of the one-day trial to six months in jail with all time suspended except for 43 days served. Pier was then released. 
During the trial, prosecuting attorney Ben Anciaux displayed several photos of three injuries to James’ cheek, forearm and arm. 
Dr. Ken Galewyrick of St. Joseph’s Medical Center testified that he treated James for 8 mm and 2.5 cm cuts that he called superficial wounds which he closed with glue. 
During testimony, Pier said he knew James as someone who had sexually assaulted one of his friends. Manley told the jury to disregard the comment, and Anciaux later said Pier was not referring to a woman that James was convicted of raping. 
Pier said he came upon James outside Pier 93 pumping gas and called him a derogatory term after which James shoved him and he shoved back. 
“He swung his backpack at me twice,” Pier said. “He slapped the right side of his face and said, ‘Go ahead. I’ll give you one free shot.’ I thought he was drunk,” Pier said. “I swung at him and hit him. He dropped. I raised my hands and walked into the store.”
Anciaux asked Pier if he was wearing a ring, and he said no. 
Pier testified that he had been sharing a jail cell with Brandon Bagnell, who kept rattling the door to annoy James in an adjacent cell. 
“One time I said it could be bad for my case,” Pier said. “He (Bagnell) doesn’t care. He doesn’t like Vaughn.” 
James also testified, and under questioning by defense attorney Ted Chester, said he didn’t want to testify because he had been mentally ill and for other reasons. (Anciaux had him subpoenaed.) 
James said he didn’t feel safe in the jail because he was suffering ongoing intimidation from Pier, who he accused of yelling threats at him and kicking the door of an adjacent cell. 
Under questioning from Anciaux, James said he wasn’t mentally ill during the trial but had been diagnosed with a mental illness previously.
James said he came out of Pier 93 and said Pier came toward him and attacked him. 
“I was shocked because I barely know the young man,” he said, adding that he was going to say “hi” to him. 
Jack Miller, who worked as a cashier at Pier 93, testified that he called 911 after someone said a fight was going on. 
“He came in and was bleeding. He had a slash on his arm,” Miller said, referring to James. 
Miller said he reported a stabbing but didn’t see it happen. 
Polson Police Officer Michael Wharton testified that he interviewed James at the hospital and that James told him he was stabbed in three places and described a 4-inch, black and white knife. 
Pier testified that Wharton searched him for a knife but didn’t find one. 
Judge Kim Christopher dismissed charges of felony burglary and misdemeanor theft against Pier on Jan. 11 without prejudice after Anciaux made a motion to that effect. In his request, Anciaux said he was not able to locate items taken in a July 22, 2017 burglary from a home in the 400 block of Main Street in Polson. According to a court document, Pier had pawned a punching bag at Depoe Junction on July 24, 2017 and a boxing glove was found at his residence. Total value of the items was less than $500.
Pier pleaded guilty to misdemeanor assault in a June 5, 2014 incident in which he admitted to walking into a house and punching a man in the face. That conviction came as part of a plea agreement in which the original charge of burglary was amended. He was given a six-month jail sentence with all time suspended. 
James, 45, who was convicted of rape at trial last July, had his sentence postponed in October so he could get a mental health evaluation. He had defeated the same rape charge at a June trial and two others in unrelated cases in 2011. His sentencing is pending.