NHDEC -2 AH 10: I5 - um King Coumy District Conn, Wen Diviskln, Seam: Counlmuse WASHINGTON, Plaimiff, vs. I No. . DENNIS J. ECHOLS DOB: 952 COMPLAINT 3 1, Daniel Salterbeig. Prosecuting Anomsy, for King County in the name by the nmhuriry aflhe ofwasllington, do accuse DENNIS ECHOLS arimg in the Fourth Degree, Couunined as follows: The! the defandant J. BC1 101.3 in King County, an or ubmn :3 November 20 did intermonally assault Ethan McKinney, a humali being; - RCW 9/4.3.5.041, mums: the pause and dlgnily oflhe State or Washingmn. AND COMES NOW PLAINTIFF, STATE OF WASHINGTON, AND HEREBY DEIVIANDS A JURY TRIAL IN THE ABOVE-ENTITLED CAUSE. SUCH DEMAND IS MADE PURSUANT 1-o 6.1.104). DANIBI1 T. SA Prosecuting By: mm s. NORGAARD, WSBA #32739, Senior Depmy Prosecuting Aztomcy ADDRESS Ave. 5. CITY STATE 21? com: 7u1qvi1a,wA 98158 WEIGHT EYES DR1'vsk's ucinsr-;N6. sr/ms sax 3 '/1957. 5-03 2:5 WA OTHER IDBN FIFYINU INFORMATION - Daniel Sillurhurg, Attorney COMPLAINT 7 I Criminal Conn Uni! Filed at Seattle Courthouse DEC 02 2013 King County District Couit, West Division, Seattle Courthouse STATE WASHINGTON, . Plaintiff; No. S13PA5031 AN vs- MOTION AND ORDER JOINING ETHAN S. MCKINNEY DEFENDANTS UNDER 4.3 AND DENNIS J. ECHOLS 4.3.1 - . Defendants, A MOTION COMES NOW Daniel T. Satterberg, Prosecuting Attorney for King County, Washington, by and through his deputy, and moves the court for an orderjoining these defendants for trial because: The offenses are part of a common scheme or plan and oecuned at the same time and place and it would be diffioult to separate proof in the above--entit1ed cause. DANIEL T. SATIBRBERG Prosecuting Att rney BY ERIN NORGAA Senior Deputy Prosecuting Attorney MOTION AND ORDER JOINING DEFBNDANTS 1_ Daniel Satterberg, Prosecuting Attorney 554 King County Courthouse Seattle, Wasltington 98104-23i2 ORDER THIS MATTER having come on regularly before the undersigned judge of the above-entitled couzt upon the motion of the 'State of Washington, plaintiff, for an orderjoining these defendants for trial because: The offenses are part of a common scheme or plan and occurred at the same time and place and it would be difficult to separate proof in the above-entitled cause, and the court being fuily advised in the premises; now, therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that these defendants arejoined for I triai and the cases are consolidated. DONE IN OPEN COURT this day of December, 2013. JUDGE Presented by: ERIN 32789 Senior Deputy Prosecuting Attomey Approved for entry: Attorney for Defendant MOTION AND ORDER. JOINING DEFENDANT3 2 Daniel Satterberg, Prosecuting Attorney 554 King County Courthouse Seattle. Washington 98104-2312 'continued to tell McKinney that it was the last stop and further told .coPyREq NUV'2dx2fi . - flew That Chris Pelczau ls a(n) Detective with the King County CAUSE NO. CERTIFICATION FOR DETERMINATION or PROBABLE cause Office and has reviewed the investigation conducted in the King Co "%fiLDn%fi Sheriff's case numberts) #13~272289; CDURTL There is probable cause to believe that Dennis J. ECHOLS committed the crimets) of-ggsault 4" Degree. This belief is predicated on the following facts and circumstances: "On 11/l8/13 at about 095? hours Dennis ECHOLS drove a route #101_King County Metro Transit.bus and wore his Metro uniform. ECHOLS pulled into the Renton Transit Center in the City of Renton and completed the trip from_ downtown Seattle to Renton. All of the passengers exited the bus except for Ethan McKinney. McKinney was asleep on an inward-facing bench seat on the passenger side of the bus near the driver's station. ECHOLS repeatedly told. McKinney-he had to get off of the bus, however McKinney only briefly stirred before McKinney appeared to go back to sleep. ECHOLS warned McKinney he would call the police and ECHOLS slapped a storage locker in an apparent attempt to rouse McKinney. McKinney sat-up and appeared to wipe drool firom his mouth. ECHOLS McKinney "I'm teking_a break, get off the bus". McKinney "[inaudible] fuck outta here, nigga". ECHOLS continued to yell at McKinney to get off of the bus and McKinney repeatedly told ECHOLS "[inaudibl6T yourself". ECHOLS held a bus wheel blook.in his right hand. A wheel block is an approximate 8 pound wedge~shaped block of dense rubber. There is an bolt and steel cable at the large portion of the wedge. ECHOLS raised the wheel block up in his right.hand and told McKinney "man. you want this in your motherfucking face". ECHOLS used his right leg and_slid McKinney's backpack towards the front door of the bus. ECHOLS kicked McKinney's backpack out of the front door of the bus and the backpack.landed on the ground. 'It had been raining and the ground was wet along with some standing puddles. McKinney stood up and walked towards ECHOLS. McKinney pureed his lips and turned his head in the direction of ECHOLS. McKinney spit at face. The spit landed on the right side of ECHOLS face and in right eye. A large glob of spit and mist is seen leaving McKinney's mouth towards the direction of ECHOLS. The act of McKinney spitting at ECHOLS is also heard over the bus' audio video surveillance system. McKinney turned to the door and began to exit the bus. nearly instantaneous reaction to having been spit on by McKinney was to raise the wheel block over his head and swing the wheel block towards McKinney's head. Prosecuting Attorney 554 King County Courthouse Seattle, Washington 93104-2312 (206) 296-9000 Certification for Determination of Probable Cause The wheel block flew from hand and struck McKinney in'the lower back portion of his head and neck. McKinney was jolted forward from being struck by the wheel block and stumbled forward off of the bus. ECHOLS exited the bus and followed after McKinney. ECHOLS pushed McKinney up against a bench. McKinney ended up with his front_side against the bench and ECHOLS pinnedf McKinney against the bench. ECHOLS raised his right arm above his head and punched McKinney a total of 7 times as McKinney was pinned against the bench. punches landed on the right side of McKinney'$ head or body. ECHOLS next threw McKinney to the ground. ECHOLS kicked McKinney once in McKinney's midesection while McKinney was on the ground. ECHOLS then backed away from McKinney. ECHOLS used a cell phone and called 911. McKinney remained at the transit center and ECHOLS and McKinney continued a verbal back--and-forth argument. ECHOLS and witness Woods reported McKinney repeatedly threatened to assault_ ECHOLS. McKinney balled up his fists and lunged at ECHOLS in an apparent attempt to get ECHOLS to fight. Renton P.D. Officer Hossner responded to the Renton Transit Center. ECHOLS pointed out McKinney to Officer Hossner and ECHOLS identified McKinney as the person who spit on him.. Officer Hossner attempted to Contact McKinn?Y: but McKinney walked away. officer ordered McKinney to stop, but McKinney refused and continued to walk away. Officer Hossner took a hold of McKinney in order to stop him and detained McKinney in handcuffs. Officer Coleman also responded to the Renton Transit Center and assisted Officer Hossner. Officer Coleman and Officer Hossner both noted McKinney was belligerent verbally abusive and intoxicated. McKinney called the Officers "nigger", "fag", "pussy", and "bitch". - Deputy Caven arrived at the Renton Transit Center and took custody of' McKinney from Officers Hossner and Coleman. McKinney remained uncooperative. McKinney yelled "you faggot motherfucker" and "you bitch ass pussy motherfucker" at Deputy Caven. Deputy Caven interviewed ECHOLS regarding the incident and later booked McKinney into the King County Jail for Investigation of Assault 3"'Degree. .On 11f20/13 Det. Pelczar reviewed the audio video surveillance footage from.the bus the incident occurred on. Get. Pelczar noted the events listed above and went to the King County Jail to interview McKinney. Det. Pelczar advised'McKinney of his Constitutional rights and McKinney stated he understood his rights. McKinney stated he had been drinking hard liquor until 1:00 1:30 A.M. the morning of the incident and McKinney further stated was pretty hung~?ver from the night before". McKinney claimed to not remember anything prior to being punched by ECHOLS. McKinney "snapped out of it"'when he was punched by ECHOLS and stated ECHOLS punched him in the head. McKinney complained of pain on the left side of his face, the back of~ his head, his right side rib cage, and his front belt~1ine area. Prosecuting Attorney 554 King County Courthouse Seattle, Washington 93104-2312 1206) 295-3000 Certification for Determination of Probable Cause 11/22/13 Det. Pelozar interviewed ECHOLS about the incident. Det. Pelczar advised ECHOLS of his Constitutional rights and ECHOLS stated he understood his rights. ECHOLS stated McKinney spit on the right side of his face and some of the spit landed in his eye. ECHOLS said he initially began to back away fnom McKinney after having been spit on by McKinney, but thought to himself "man, this guy just spit on me"_and thought McKinney may try to flee. ECHOLS stated he pushed McKinney over to the bench and pushed McKinney over the bench. ECHOLS admitted to punching McKinney and stated his punches landed on MoKinney's_1ower back. ECHOLS stated "once he spit on me,-like I say, I lost it" and went.into "fight or flight" mode. .ECHOLS didn't recall striking McKinney with the wheel block or kicking McKinney while McKinney was on the ground. - Under penalty of perjury under the laws of the State of Washington, I certify-that the foregoing is true and_oorrect. Signed and-dated By me this 27th day of November, 2013, at Seattle, King County, Washington. A. Peg Prosecuting Attorney 554 King County Courthouse Seattle, Hashington 93104-2312 (206) 296-9000 Certification for Determination of Probable Cause