News Briefs: Oct. 18, 2018

USC FOOTBALL SUIT SETTLED

A civil suit filed Feb. 1 against the University of Southern California and one of its football players has been settled in July with USC agreeing to pay $40,000 to the plaintiff. WSU student Kyle Departee filed the suit which contended he sustained damages when he was knocked over by a member of the USC team last year when Cougar fans ran onto the football field to celebrate a dramatic win over USC at Martin Stadium.

Liam Jimmons, the USC player who allegedly ran into Departee, was also named as a defendant in the civil suit.

A report of the settlement surfaced last week when Susan Machler, Seattle attorney representing Departee, filed a motion with the court for an order of default because they have not received the $40,000 settlement check.

Machler said the suit was settled by the parties July 22. She also said no mention was made of the 30-day allowance to make the payment which had been noted by Michael Jaeger, a Seattle attorney who represents USC.

Jaeger in his response pointed out processing the settlement payment requires a series of signatures which were being collected. He contended the motion by Departee's attorney was frivolous.

Jaeger also listed one of the arguments for USC which was brought up in the negotiations. He contended Departee ran onto the field and into the path of Jimmons as the USC player was leaving the field. He stated the game clock had not even expired at the time the two collided.

In her response to Jaeger's filing, Machler noted they have received statements from three WSU students who met Jimmons in Cabo during spring vacation. They reported Jimmons at that time bragged to each of them about colliding with Departee at the end of the game. Machler said the exchanges amount to actual confessions on the part of the USC player.

In a hearing Friday morning the Judge Pro Tem David Frazier ruled in favor of Machler who was instructed to draft an order for the court. Jaeger had prepared a proposed order to dismiss which was not signed.

ROSALIA MAN SENTENCED TO 364 DAYS

Jose Castanon, 54, Rosalia, was sentenced to 364 days in jail with 180 suspended after he pleaded guilty to an amended charge of fourth degree assault Oct. 8 in Whitman County superior court. Castanon had originally been charged with rape in the second degree, attempted indecent liberties by force, unlawful imprisonment and fourth degree assault. He was originally booked into jail Sept. 13 of last year and at one time was scheduled for trial Nov. 3 of last year. The trial date was later rescheduled and Castanon waived speedy trial rights through the year.

The investigation report alleged Castanon over several years committed sexual acts against two victims. The other amended charges were dismissed at Monday's sentencing.

A no-contact order had been issued as a condition of pre-trial release, and Monday the court issued a second no contact order which lists both of the victims. Two of the charges involved one victim and two involved the other victim. The oldest of the charges dated back to April of 2016, and the most recent charge involved a time frame which ended three days before Castanon was arrested last year.

Castanon was ordered to report to jail to begin serving his sentence Oct. 13. He will be allowed work release under jail conditions.

He was also placed on unsupervised probation for two years after he serves the sentence.

CITY BEGINS TREE REMOVAL

Colfax city crews Oct. 11 began a project to remove five trees along Main Street. The trees, which were planted in the curb outs at Main Street intersections, were cut down because they are now too large for the space at the intersections.

Trees cut down that morning were located in front of the Post Office at the Stevens Street intersection, the county's Elections office at the Upton Street intersection and in front of the Courthouse at the Island Street intersection.

Also scheduled to be removed were trees located in front of Rosauers and in front of U.S. Bank.

City Public Works Director Matt Hammer said young trees will be planted this fall to replace the trees which were removed.