09/10/2009: "Fatal Lopez Accident Trial Set For Nov 2nd"

The 15 year-old boy involved in a July 28 Fatal Accident will be arraigned in Friday Harbor Thursday, September 10, 2009, to face juvenile criminal charges, including one count of vehicular homicide, two counts of vehicular assault and three counts of reckless endangerment. The separate charges were made for each victim in the case: Mr. Jaholkowsky, a 7-year-old bicyclist, a 17-year-old passenger in the car, and three other bicyclists.

The defendantpled "not guilty" to each count. After reviewing the charging papers, and hearing
from the attorneys for the state and for the juvenile, Judge John O. Linde imposed several conditions of release including bail of $10,000, curfew of 4 p.m.to 6 a.m., attendance at school, no contact with victims except as necessary for school-related activities, no operation of a motor vehicle at any time or for any reason, and law abiding behavior

According to an affidavit filed by a deputy sheriff, the 15-year-old driver was operating a 1974 Chevy Nova northbound on Lopez Sound Road at a high rate of speed. At the same time, John and Michele Clouse were riding their mountain bikes southbound on Lopez Sound road with their two daughters, aged 5 and 7, each on "trail along" attachments. The bicycles had just passed a jogger, Mr. Jaholkowsky, when a car came upon them and struck one child's hand before colliding with Mr. Jaholkowsky, and then an embankment. A passenger in the Nova, a 17-year-old from Lopez Island, was ejected from the car and severely injured.

Attorney Mark A. Kaiman of the Lustick Law Firm in Bellingham is representing the juvenile, he stated in a press release “My client will plead not guilty for now as we seek to fully understand the whole circumstances of this very tragic indecent.”

Mr. Kaiman continued, “My client is remorseful and sorrowful for the man who died and for the people who were injured. He realizes that his life has taken an unexpected turn, and he must now accept the consequences of his actions.”

According to Mr. Kaiman, “My client is a young boy with a record of strong academic and athletic achievement in school. He is not a threat to the community.”

“No one should take my client’s plea of ‘not guilty’ as him repudiating his involvement, but this is a legal process and a lot of work must be done before the case can be resolved,” Mr. Kaiman added.

An arraignment is a preliminary court hearing conducted in all criminal cases. The defendant will enter a plea and a superior court judge will review the charges to determine if there is enough evidence to forward the case for further proceedings. Under Washington State law, a juvenile charged with criminal offenses is not subject to a trial by jury. At a date certain after the arraignment, a judge will determine if the youth is guilty or innocent.

If found guilty, a juvenile court judge will impose a sentence, however the sentencing will be governed by statutory limitations on the punishment. The objective to move toward rehabilitation of youthful offenders.

The arraignment is expected to be held at 1:00 PM in the San Juan County Superior Court Juvenile Department located at 350 Court Street in Friday Harbor, WA.