Two Outlook men were arrested following a drug investigation that seized 100 pounds of methamphetamine and at least $100,000.
However, the preliminary appearance hearing diverted into a discussion on the shortage of public defense attorneys and how that should affect setting bail.
In July and August, the Law Enforcement Against Drugs Task Force, which consists of officers from the Washington State Patrol, Yakima County Sheriff's Office and the Sunnyside, Granger, Grandview, Selah and Yakama Nation Tribal police departments, began an investigation into drug sales at an Arms Road home, according to a probable cause affidavit.
A confidential informant working with the task force purchased fentanyl powder and methamphetamine on three occasions. During one of the purchases, the informant spotted what looked like a rifle in the front seat of a vehicle in which meth was stored, the affidavit said.
LEAD raided the home Monday, taking the two suspects, ages 47 and 26, into custody on suspicion of possessing methamphetamine with intent to deliver, criminal conspiracy and maintaining a drug dwelling. The older man was hiding in a travel trailer and was only arrested after a Washington State Patrol SWAT team used a pepper ball gun to force him out after a three-hour standoff, the affidavit said.
During the raid, detectives found 80 pounds of meth in a vehicle registered to the 47-year-old, and 20 pounds of meth in a motorhome registered to the 26-year-old's wife. Investigators also found an AR-style rifle under a bed in the motorhome and multiple guns in vehicles on the property and inside the house, affidavit said.
A large amount of money, which Deputy Yakima County Prosecuting Attorney Richard Fisher said totaled at least $100,000, was found on the property.
Fisher asked Yakima County Superior Court Judge Sonia Rodriguez True to impose $750,000 bail on each suspect, noting the potential danger to the community posed by the fact that guns, drugs and large sums of cash were found on the property.
But defense attorney Melissa Derry argued for pretrial release, noting that the drugs and money have been confiscated, negating that perceived public danger. She said another concern is the delays in appointing attorneys, with the earliest date to have an attorney is likely Nov. 1, assuming they are still in custody.
The county Department of Assigned Counsel, which is coping with a shortage of felony-qualified attorneys, is prioritizing appointments for in-custody defendants, whose speedy-trial deadline is two months after indictment, Derry said. Defendants who are not in custody have to be brought to trial within 90 days.
"We are focusing on individuals who are having their speedy-trial rights violated," Derry said.
Fisher said there is no court ruling that says the DAC's failure to appoint attorneys when ordered by the court requires a defendant to be released.
"The failure of DAC to appoint counsel or assign counsel for the defense does not remove nor abrogate the fact that they still maintain and are still threats to the community," Fisher said. "The failure of the DAC to do its job is no reason not to set bail."
Yakima County Superior Court Judge Richard Bartheld issued an order that pauses the speedy-trial countdown for out-of-custody defendants who have not had an attorney appointed to represent them.
The American Civil Liberties Union of Washington filed a lawsuit against the county, demanding the release of defendants who have not had an attorney appointed to represent them.
Rodriguez True set bail for the younger man at $50,000 and $200,000 for the older man. She also ordered a review of the men's bail in two weeks, when their arraignment hearing is scheduled.
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