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FILED

00l.'NTY, WASHtNeTONl

MAR 06 2012

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SUPERIOR COURT OF WASHINGTON FOR KING COUNTY STATE OF WASHINGTON,
Plaintiff, ) ) ~ No. )
y

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11- ''_O~c, T

b-:l K.Nr

vs.

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1Lf~~ (2,,(

tJ-r;V\.
Defendant

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STATEMENT OF DEFENDANT ON PLEA OF GUILTY TO FELONY NON-SEX OFFENSE (STfDFG) ,..:

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My true name is
My date of birth is I went through the

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grade.

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I HAVE BEEN INFORMED ANDFULLY UNDERSTAND THAT:
(a) I have the right to representation by a lawyer; ifl cannot afford to pay for a lawyer" one

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will be provided at no expense to me. My lawyer's name is (b) lam charged with the crinte(s) of

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The elements of this crime(s) are set forth inthe information!

amended information,

which is incorporated by reference and which I have reviewed with. my lawyer.

FORM REV 8/4/2011 STATEMENT OF DEFENDANT ON PLEA OF GUILTY
(Felony)-l

1 2 3 5. I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT I HAVE THE FOLLOWING IMPORTANT RIGHTS, AND I GIVE THEM ALL UP BY PLEADING GUILTY: (a) The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed; (b) The right to remain silent before and during trial, and the right to refuse to testify against myself; (c) The right at trial to testify and to hear and question the witnesses who testify against me; (d) The right at trial to have witnesses testify for me. These witnesses can be made to

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appear at no expense to me; (e) The right to be presumed innocent until the charge is proven beyond a reasonable doubt or I enter a plea of guilty;
(f) The right to appeal a determination of guilt after a trial. IN CONSIDERING THE CONSEQUENCES.oF MY GUll.TYPLEA(S), I

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Count

UNDERSTAND THAT: (a) The crime(s} with which I am charged carries a sentence(s) of: Standard Range . No. J
___ ..,..I_years

Enhancement That Will Be Added to Standard Range

Maximum Term and Fine

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____ $

$

years

FORM REV 8/4/2011 STA1EMENT OF DEFENDANT ON PLEA OF GUILTY
(Felony)-2

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3 4 5 6 Offender. If I am found to be a Persistent Offender, the Court must impose the man of life imprisonment without the possibility of early release of any kind. RCW 9.94A570. applicable, this paragraph should be stricken and initialed by the defendant and the judge~] (b) The standard sentence range is based on the crime charged and my criminal history. Criminal history includes prior convictions and juvenile adjudications or convictions, whether in this state, in federal court, or elsewhere. (c) The prosecuting attorney's statement of my criminal history is attached to this agreement. Unless I have attached a different statement, I agree that the prosecuting attorney's statement is correct and complete. If I have attached my own statement, I assert that it is correct and complete. If I am. convicted of any additional crimes between now and the time I am sentenced, I am obligated to tell the sentencing judge about those convictions. (d) If I am convicted of any new crimes before sentencing, or if any additional criminal history is discovered, both the standard sentence range and the prosecuting attorney's recommendations may increase or a mandatory sentence of life imprisonment without possibility of [I~~

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parole may be required by law. Even so, I cannot change my mind and my plea of guilty to this charge is binding on me. (e) In addition to sentencing me to confinement, the judge will order me to pay $500 as a victim's compensation fund assessment and a $100 DNA fee. If this crime is a felony drug violation ofRCW Chapter 69.50, the judge will impose an additional fine of $1000 ($2000 if this is not my

FORM REV 81412011 STATEMENT OF DEFENDANT ON PLEA OF GUILTY
(Felony)-3

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first such conviction) unless the judge finds that I am indigent. If this crime resulted in injury to any

person or damages to or loss of property, the judge will order me to make restitution, unless
extraordinary

circumstances exist which make restitution inappropriate. The judge may also order

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that I pay a fine, court costs, attorney fees, and other costs and fees, and place other restrictions and

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requirements upon me. Furthermore, the judge may place me on community custody.
f) In addition to confinement. if the total period of confinement ordered is more than 12

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months, ill judge will sentence me to the following period of community custody, unless the judge
finds substantl

and compelling reasons to do otherwise:
mmitted

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For crimes

prior to July 1, 2000: for a drug offense, assault 2, assault of a child

2, or any crime against a

rson where there is a finding that I or an accomplice was armed with a vehicular homicide or for a vehicular assault by being under the
in

d~dly weapon, one.. -ear;-for y

influence or by operation of a vehic
two years,

a reckless manner, 18 months; for a serious Violent offense,

For crimes committed on or after July

2000, and prior to August 1,2009, as follows:

o o o

Serious violent offense: 'a range of 2 to 36 months. Violent offense: 18 months. Crimes against persons or violation ofR! 69.50 or 69.52: a range of 9 to 12 months.

For crimes committed on or after August 1, 2009, as foll
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o

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Serious violent offense: 36 months. Violent offense: 18 months. Crimes against persons or violation ofRCW 69.50 or 69.52 . eriod of
d I will

The longest applicable period of community custody will be imposed. During th
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community custody I may be under the supervision of the Department of Corrections,

have restrictions and requirements placed upon me. My failure to comply with these conditi FORM REV 8/4/2011 STATEIv.IENT OF DEFENDANT ON PLEA OF GUILTY (Felony)-4

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other sanctions being imposed. [ITinlllo!f3:ppliea;~..th~· s~s.ecti.onhould be stricken and initialed by the s defendant and thejudgem .]

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3°pt.,.ys

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The prosecuting attorney will make the following recommendation to the judge:

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'u (~de. 'f) C. "v It ~ bh Co~.J;. \ v vrA "")J,\Do DNA c~ltl'Cl1'" ~ee .. t;9- The prosecutor will ~e the recommendation stated in the plea Agreement and State's Chi,..-t-

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Sentence Recommendation, which are incorporated by reference.
(If)

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The judge does not have to follow anyone's recommendation as to sentence. The judge

must impose a sentence within the standard range unless there is a finding of substantial and compelling reasons not to do so or both parties stipulate to a sentence outside the standard range. If

13 the judge goes outside the standard range, either I or the State can appeal that sentence to the extent 14 to which it was not stipulated. If the sentence is within the standard range, no one can appeal the 15 16
17 at least

sentence.
~ has a mandatory minimum sentence of

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For crimes committed on or after July 24, 2005, this does no

19 pursuant to a transfer of jurisdiction underRCW 13.40.110 (seeRCW 9.94A.54 20 21 22 sentence enhancement of _ applicable, this paragraph should be stricken and initialed by the defendant and judge ~ __ .'

FORM REV 8/4/2011 STATEMENT OF DEFENDANT ON PLEA OF GUILTY
(Felony) - 5

./

1 2 3 4 5 other cause. [If not applicable, this paragraph should be stricken and initial andthejudge~O.] e sentences imposed on counts except fur any weapons enhancement,

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,;Iv.]

[If not _~~able,

this paragraph should be stricken and initial

or the crime of vehicular homicide while under the influence of intoxicating liquor or . creased by two years for each prior offense as defined in RCW 46.61.5055. This additional confinement time datory and must be served consecutively to

any other sentence and any other enhancement Ihave already recer other cause. ~n~plicable, thejudge£ this paragraph should be stricken and initialed by endantand

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substantial and compelling reasons to do otherwise. [If not applicable, this pat°agr.apn:-SDCllJ stricken and initialed by the defendant and the judge

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(n) The judge may sentence me as a first-time offender instead of imposing a sentence within the standard range if I qualify under RCW 9.94A.650. This sentence may include as much as 90 days of confinement plus all of the conditions described in paragraph (6)(e). The judge also may require me to undergo treatment, to devote time to a specific occupation, and to pursue a prescribed

FORM REV 814/2011 STATEMENT OF DEFENDANT ON PLEA OF GUILTY
(Felony)-6

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course of study or occupational training.

In addition, I may be sentenced to up to 6 months or, if
custody. [Ifnot applicable, this paragraph should

treatment is ordered, 12 months of community

be stricken and initialed by the defendant and the judge

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(0) The judge may sentence me under the special drug offender sentencing alternative
(DOSA) ifl qualify under former RCW 9.94AI20(6) (for crimes committed before July 1,2001),

or RCW 9.94A660 (for offenses committed on or after July 1,2001). This sentence could include a period of total confinement for one-half of the midpoint of the standard range or 12 months, whichever is greater, and community custody of at

least one-half of the midpoint of the standard

range, plus all of the other conditions described in paragraph (6)( e). The judge could impose a residential treatment-based DOSA alternative that would include three to six months of residential

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chemical dependency treatment and 24 months of community custody, plus all the other conditions described in paragraph (6)( e). During confinement I and community custody under either alternative,

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will be required to participate in substance abuse evaluation and treatment, not to use illegal

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controlled substances and to submit to testing to monitor that, and other restrictions and requirements

will be placed on me. [If not applicable, this paragraph should be stricken and
__ __.]

initialed by the defendant and the judge

(P) The judge may sentence me under the parenting sentencing alternative if I qualizy under RCW 9.94A.65S. community community Department A sentence under that alternative would consist of a period of 12 months of

custody, plus all of the other conditions described in paragraph (6)( e). During custody, I will be required to follow conditions imposed by the court and the of Corrections. [If not applicable, this paragraph should be stricken and initialed by the __

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defendant and the judge

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FORM REV 8/412011 STATEMENT OF DEFENDANT ON PLEA OF GUILTY (Felony)-7

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46.20.285 (1)-(3») (5)-(7). If I have a driver's license, ~~ow

surrender it to the judge. [If not

applicable, this paragraph should be stricken and initialed by the defendant and 'th",_rtla'e ~

ddd

(r) I understand that RCW 46.20.285(4) requires that my driver's license be revoked if the judge finds I used a motor vehicle in the commission of this felony. this crime involves a sexual offense, prostitution, or a drug offense associated with

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(HIV). [If not applicable, this paragraph should be judge~l

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(t) If I am not a citizen of the United States, a plea of guilty to an offense punishable as a
crime under state law is grounds for deportation, exclusion from admission to the United States, or

denial of naturalization pursuant to the laws of the United States. (u) I will be required to provide a biological sample for purposes of DNA identification analysis. Because this crime involves a kidnapping or unlawful imprisonment offense involving a minor, I will be required to register
WI

eriff of the county of the state of Washington where I

reside, study, or work. The specific registration requirements Registration" Attachment. [If not applicable, this paragraph should be stricken

19 defendantand the judge
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(w) This plea of guilty will result in the revocation of my right to possess, own, or have in my control any firearm unless my right to do so is restored by asuperior court in Washington State,

FORM REV 814/2011

STATEMENT OF DEFENDANT ON PLEA OF GUILTY
(Felony)-8

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and by a federal court if required. I must immediately surrender any concealed pistol license. RCW 9.41.040. (x) I will be ineligible to vote until that right is restored in a manner provided by law. If I am registered to vote, my voter registration will be cancelled.

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violence assessment of up to $100. If I, or the victun may order me to participate in a domestic violence perpetrator program appro 26.50.150. [If not applicable, this paragraph should be stricken and initialed by the defendant thej

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including its salts, isomers. and salts, of isomers, amandatory assessed. RCW 69.50.401(2)(b). ~apPlicable, by the defendant and the judge
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cleanup fine

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this paragraph should be stricken and initialed

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21 U.S.C. § 862a. [If not applicable, this paragraph should besmeiken_ defendantandthejudg~

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sentences imposed for these crimes shall be served consecutively to each other. RCW

FORM REV 8/4/2011 STATEMENT OF DEFENDANT ON PLEA OF GUILTY
(Felony)-9

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9.94k~1(1)fcCJ..l[Ififfi~iCo;tt a;PPpJilica~bliee:1. thih·lSsppruar:~amI:-S.bQluld be stricken and initialed by the defendant and the judge ~

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(cc) If! have Washington State volunteer firefighters vehicle license plates, I must surrender those license plates at the time this plea is entered.

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7. I plead guilty to the crime(s) of

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as charged in the informationl

amended information, including all charged I have received a copy of that information.

enhancements and domestic violence designations.

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8. I make this plea freely and voluntarily.
9. No one has threatened harm of any kind to me or to any other person to cause me to make this plea. 10. No person has made promises of any kind to cause me to enter this plea except as set forth in this statement. 11. The judge has asked me to state briefly in my own words what I did that makes me guilty of this (these) crimets), including enhancements apply. This is my statement and domestic violence relationships, if they

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FORM REV 814/2011 STATEMENT OF DEFENDANT (Felony) • 10

ON PLEA OF GUILTY

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12. My lawyer has explained to me, and we have fully discussed, all of the above paragraphs. I understand them all. I have been given a copy of this

Plea of Guilty." I have no further questions to ask the judge.

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II

Statement of Defendant on

~ANT I have read and discussed this statement with the defendant and believe that the defendant is competent and :fully ~~ds the statement

Print Name: cQ4,y7. Q·DOl\.llr e;z...L WSBA# S II1tOco
The foregoing statement was signed by the defendant in open court in the presence of the

defendant's lawyer and the undersigned judge. The defendant asserted that [check appropriate box]:

[1 (b)

[Va) The defendant had. previously read;' or ' The defendant's lawyer had previously read to him or her; or [ ] (c) An interpreter had previously read. to the defendant the entire statement above;

and that the defendant understood it in full.

19 I find the defendant's plea of guilty to be knowingly, intelligently and voluntarily made. The defendant understands the charges and the consequences of the plea. There is a factual basis for the 20 plea The defendant is guilty as charged.
21 Dated this

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day of

tV\. t\N"L,L.JUDGE

22
FORM REV 814/2011 STATEMENT OF DEFENDANT (Felony) -11

CHERYL B. CAREY
ON PLEA OF GUILTY

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3

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I am a certified interpreter or have been found otherwise qualified by the court to interpret in the Ianguage and I am fluent in that language, which the defendant understands. I

have translated this entire document for the defendant from English into that language. I certify under penalty of perjury under the laws of the State ofWasbington that the foregoing is true and correct. Dated this day of ________
__,20_,

TRANSLATOR Print Name:

INTERPRETER Print Name:

_

FORM REV 814/2011 (Felony) - 12

STATEMENT OF DEFENDANT ON PLEA OF GUILTY

FELONY Date ofCrime:JI\ Defendant: SEAlKNT

PLEA AGREEMENT Date: 2../1-'7:

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The State of Washington and the defendant enter into this PLEA AGREEMENT which is accepted only by a guilty plea. This 'agreement may be withdrawn at any time prior to entry ofthe guilty plea. The PLEA AGREEMENT is as follows: On Plea To: As charged in Countis) l: of the (Z9. original 0 _ amended information. o With Special Finding(s): 0 deadly weapon - firearm, RCW 9.94A.51 0(3); 0 deadly weapon other than firearm, RCW 9.94A.51O(4); 0 sexual motivation, RCW 9.94A.835; 0 protected zone, RCW 69.50.435; 0 domestic violence, RCW 10.99.020; 0 other ; for count(s): _

o This is part
o DISMISS:

of an indivisible agreement that includes cause number(s): Upon disposition ofCount(s) , the State moves to dismiss:

_ _

lID REAL FACTS OF HIGHERIMORE SERIOUS AND/OR ADDmONAL CRIMES: In accordance with RCW 9.94A.530, the parties have stipulated that the following are real and material facts for purposes of this sentencing: lID The facts set forth in the certification(s) for determination of probable cause and prosecutor's summary. o The facts set forth in 0 Appendix C; 0 . The defendant acknowledges and waives any right to have a jury determine these facts by proof beyond a reasonable doubt
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and

RESTITUTION: Pursuant to RCW 9.94A. 753, the defendant shall pay restitution a:agrees to pay restitution in the specific amount of $ _"1W.?-=-== agrees to pay restitution

in:fu11to the victim(s) on charged counts

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AND OFFENDER SCORE: ~_JB:The defendant agrees to this Plea Agreement and that the attached sentencing guidelines scoring formes) (Appendix A), offender score, and the attached Prosecutor'S Understanding of Defendant's Criminal History (Appendix B) are accurate and complete and that the defendant was represented by counselor waived counsel at the time of prior conviction( s), The State makes the sentencing recommendation set forth in the State's sentence recommendation. An essential term of this agreement is the parties' understanding of the standard sentencing range(s); if the parties are mistaken as to the offender score on any count, neither party is bound by any term of this agreement b. 0 The defendant disputes the Prosecutor's Statement of the Defendant's Criminal History, as follows: (1) Conviction: Basis: _
(2) Conviction: Basis: _

CR!}fiNAL mSTORY

c. 0 The defendant understands that one or more convictions from other jurisdictions have been included in the offender score, and agrees that these convictions have been properly included and scored according to the comparable offense definitions provided by Washington law. d. The parties agree that neither party will seek an exceptional sentence, and the defendant agrees that he or she will not request a first-time offender waiver, or a drug offender or parenting sentencing alternative.

Maximum on Count(s)
each.

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is not more than __ is not more than

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years each and $ years each and $

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fine fine _ to

Maximum on Count(s)
each.

o Mandatory
o Mandatory

Minimum Term(s) pursuant to RCW 9.94A.540 only:

weapon sentence enhancement for Count(s) is months each; for Coumf s) is months each. This/these additional term( s) must be served consecutively each other and to any other term and without any earned early release. The State's recommendation will increase in severity if additional criminal convictions are new charged or unc~~ged crimes, fails to appear for sentencing or violates con' .
£p:HIiIkl'1.l~:.me

KING COUNTY PROSECUTING ATTORNEY (Revised 612010)

..


CAUSE NO.

CERTIFICATION FOR DETERMINATION OF PROBABLECAUSE That Lovisa Dvorak is a Police Officer with the Kent Police Department and has reviewed the investigation conducted in Kent Police Department case number #11-5815 There is probable cause to believe that Venoy lee Overton (10-24-88) committed the crime of, Promoting Prostitution in the 2nd Degree RCW 9A.88.080 This belief is predicated on the following facts and circumstances: On OS/20/11, Sgt Grove and I were working in a plain clothes capacity in an unmarked vehicle. We were conducting surveillance along Pacific Highway S, an area well known for its high volume of prostitution activity. Our original operation was to attempt to locate and recover a 14 year old girl who had runaway and was suspected of being manipulated or forced into prostitution by an adult pimp. Throughout my training and experience, I have become accustomed to identifying potential prostitutes, promoters (pimps), and 'John's' (term used for men who solicit prostitutes and pay for sex acts), by recognizing certain clothing trends and styles, body language, patterns of foot and vehicle travel, and communication styles. . At approximately 2200 hours, we observed a young looking female, later identified as an 18 year old adult (CER), standing in the Chevron parking lot located at 23845 Pacific Hwy S. CBR was wearing tight black leggings, a black jacket, and flat sandal type shoes. She was speaking with a male subject in front of the business in a parking stall. Given the time of day, the location, her clothing, the interaction she was having with the other suspect, Sgt. Grove and I suspected that CER may be engaging in prostitution. We decided to continue our surveillance. After approximately 15-20 minutes, the two subjects walked towards Pacific Hwy and stood on the sidewalk. CER was looking around and appeared nervous. She would begin to walk away from the male and then turn around and walk back towards him. Eventually she walked southbound, crossed the highway, and began walking northbound along Pacific Hwy S. At the same time, the male walked the opposite direction away from Pacific Hwy. Based on my training and experience, I know this is typical behavior for girls and young women who are engaging in prostitution; the commonphrase for this conduct is to "walk the track." At this time, Sgt Grove and I decided he would attempt to contact CER in an undercover capacity posing as a "John." I watched CER walk from the sidewalk and approach Sgt Grove in the parking lot without being summoned. During their conversation, CER agreed to perform a sex act on Sgt. Grove for $200. Once the agreement was made, CER got into the backseat of our vehicle and we identified ourselves as the police. CBR was advised of her Miranda Warnings in which she waived.


During the initial interview and a follow up interview including a taped statement, CER disclosed the following: She told us she was new to prostitution and had only been walking the track for the past three nights. She said it was her boyfriend's idea and stated he had "pushed" her to do it despite her telling him she didn't want to. She identified her boyfriend as Venoy Overton and said he was a basketball player for the University of Washington. CER said she met Overton sometime in September, 20 I 0 and they exchanged phone numbers. They didn't enter into an actual dating relationship until sometime around Thanksgiving. CER told me she believed they have been in a monogamous relationship for the past 3-4 months. Cell phone records for Overton obtained through search warrants show an initial phone call between the two in September 2010, with the call number and frequency increasing significantly in November 2010 through June 2011. . On 5/18/11 CER called Overton crying because she was upset about not making enough money at a part time job she held. CER said she gives half of her earnings to Overton, who is not employed. CER explained when she is not making any money Overton is not making any money. Early in their relationship, Overton had promised CER that if she took care of him financially, he would take care of her once he made it to the NBA. When she met up with Overton on 5/18/2011, he told (term referring to designated areas, streets/sidewalks, participating parties to occur) and said "you're gonna Overton was talking about because he had previously means of earning money. her he was going to take her to the "track" where prostitution is known by try walkin." CER told me she knew what suggested she engage in prostitution as a

Overton told her he knew a "hot track" and drove her to Pacific Hwy S in Kent. CER described Overton's car as a "UW purple" colored Chevy Caprice with rims and tinted windows. DOL records confirm Overton owns a 1995 Chevy Caprice bearing Washington License plate 625VLO. Det J. Johnson later located and photographed this vehicle at Overton's address and confirmed it matches the description provided by CER. Overton brought CER to the Burger King at S 232 St on Pacific Hwy S and instructed her to walk south to the Chevron at S 240 S1. During this time, CER expressed to Overton she did not want to "walk" and Overton told her it was an easy way to make money. He told her she won't have to do it anymore once he makes it in the "league" (NBA or oversees basketball league ). CER told Overton nobody was going to want to pick her up because she isn't attractive. Throughout our conversations, CER repeatedly explained she has insecurities about her appearance. Overton told her she didn't know what she was talking about and assured her someone as hot as her would be picked up right away. He continued to compliment her and assure her she would get picked up. She said Overton encouraged her to try and it and told her to just trust .him and see what happens. It should be noted, pimps often seek out vulnerable and insecure female victims, knowing they can be easily manipulated by feeding their desires to be loved and feel attractive. Furthermore, it is a common tactic used by pimps to challenge such

victims to see if they can get picked up. CER told me she finally gave into Overton's pressure and said she went out on the track to prove him wrong. CER stated Overton instructed her to get the money from the "trick" (term used for male client who pays for sex) before she had sex with him. He also told her how much money to charge for sex acts, advising her of the "going rates." He told her to watch out for the police, specifically exempt and WSP plates, and told her if they contacted her she did not have say anything to them. When CER got out of Overton's vehicle she said she was "scared shitless" and practically ran to the Chevron as directed. When she got there, she called Overton to pick her up as instructed. Overton told her she wasn't supposed to walk so fast. When Overton picked her up he initially told her she needed to get out and try it again because she didn't do it right by not walking at a normal pace. When she refused, he told her it was late, she estimated around 0100 hours, and she really needs to be getting out there earlier. She said Overton told her "its okay you just need to get used to it," and she just needs to get her first "trick" out of the way and it will get easier. On 05-19-11, CERmet Overton at Franklin High School where they shot baskets before Overton told her she was going to try walking the track again. When CER told him she didn't want to go out there again because it was scary. Overton told her he knows it is scary but once she got her first "trick" out of the way she would realize how easy it is to make quick money. He also told her he would do it for her ifhe could, and continued to pressure her telling her he needed money. Overton dropped CER off at the same Burger King in Kent and again and instructed her to walk to the Chevron. He instructed her to walk slow and sexy this time and told her when guys stop to talk to her to ask them what they wanted. CER said Overton made it very clear to her she was out there to get money for giving "blowjobs" and having sex. CER told me she was picked up by a "John" who paid her $200 for sex. Afterwards, the "John" dropped. her off at the Chevron where Overton picked her up. When she got in Overton's car he was excited and told her good job and he was proud of her. Providing praise is a common tactic used by pimps, reinforcing the victims desire to continue to seek their acceptance and approvaL Overton asked her for his money and she gave him $100. CER told me this was one of the most degrading things she has ever experienced. She said Overton used the money to fill his gas tank and buy a cigar. Ofc Lewis later obtained video surveillance from the Chevron around 0044 hours. This video clearly shows Venoy Overton and CER at the front counter and Overton purchasing a cigar with cash. On 05/20/11, Overton told CER they were going to go back to the track telling her he wanted her to get used to walking the track. CER said she continued to tell Overton she didn't want to do it and tried to come up with excuses not to get out of the car. She said Overton told her "what you're doing for me now, I'm gonna make up for ten fold in the future." He again dropped her off at the Burger King. 'This time Overton told her he wanted her to get at least two "tricks II this time before she called him to pick her up. It should be noted, it is common for promoterslpimps to set a daily "trick" or dollar quota for their victims before they will pick

them up or they can retire for the night. It is also common for the pimp to gradually increase the quota as a challenge to make the victim feel more successful and valuable. At the same time, the pimp is increasing his income. CER stated when she was at the Chevron on 05/20111, a black male contacted her in the parking lot. She did not know the man, and thought he was a pimp. During their conversation, she thought he was trying to recruit her. He asked her if she had a "daddy" (slang name for pimp) and she said yes, her boyfriend. This interaction as described by CER was consistent with my observations that night. Through my training and experience, I know that it is common for pimps to recruit females along this stretch of Pacific Hwy S. During our initial contact with CER on May 20, 2011, she granted us permission to look through her cell phone. I observed numerous texts between her and a contact titled "Venoy Overton." Kent Police have obtained cell records for Overton and this phone number is confirmed to be registered to him. One of the text messages sent from Overton to CER instructed her to walk sexy and another stated "go get it babe." She told me she was walking the track when she received these text messages and believed he was in the area watching her. eER sent a text to Overton stating "This is scary shit." Overton's next reply stated "Ya bout you got the mouth for it .... "
On 05/19/11, CER sent a text to Overton telling him a "trick" was asking about where to meet

her. Overton replied telling her to ask what is best for him. Another text from Overton read "Yea boy. Right when u got out they was on u." CER told me Overton sent her that text a few minutes after she got out of the car and started walking the track. On 05/20/11, while making plans to meet up, Overton sent eER a text stating "OK we gonna go by the track." She replies ''Now?'' and he then replies "Like 630." Ofc Lewis and I later obtained video surveillance from the BurgerKing of Overton and CER beginning around 1810 hours on this same date. This is consistent with eER's account thai they ate at Burger King before he dropped her off to walk the track. eER said her stomach was upset because she was so nervous she said couldn't eat. In the video, eER is seen returning to the car after only being in the restaurant a short period oftime and not ordering any food. Also located on CBR's phone, was a picture Overton sent from his phone. Overton is shirtless and was wearing purple basketball shorts. Overton appears to be taking the picture with his cell phone using a gym mirror. According to CER, Overton's friend Marcell (later identified as Marcel R Reynolds) rode with them each time Overton took her to the track. CER said they would meet up at Marcell's residence where she would leave her car and Overton would drive her to Kent. She told us O1.le occasion when she didn't want to get out of the car, Overton told her "bitch just get out there and see if you can make some money." CER said Marcell kept telling her to do what Overton says and go make him some money. CER told
Us

she is in love with Overton despite stating the way Overton talked to her and pushed

her into prostitution. She said Overton knows she would do anything for him and knew she would break down if he continued pushing her. When asked why Overton would want his girlfriend working as a prostitute, CER said Overton is motivated by money. CER said they argued about him wanting to her to have sex with men for money and Overton continued to promise her she would only have to do it until he got a basketball contract. He assured her they wouldn't be hurting for money once he makes it pro.

Afterour initial contact on 5/20/2011. I noticed CERhad surreptitiously deleted several of the
text messages I had previously observed exchanged between her and Overton that night The deleted messages included those that Overton sent to CER when she was walking the track. She later admitted to deleting these text messages to protect Overton. Based on my training and experience in working with sex trafficking victims, it is common for victims to attempt to protect their pimps through various means, including destroying evidence and blaming themselves for their pimp's conduct. On 06-16-11, Kent Officers located and arrested Overton for Promoting Prostitution in the 2nd Degree. Ofc Lewis and I interviewed Overton at the Kent jail. Ofc Lewis advised Overton of his Miranda Warnings which he waived. During the initial interview and taped statement Overton told us the following: Overton told us he met CER in September of 20 10 through some friends. He admitted to having a sexual relationship with her but denied she was his girlfriend, Overton told us CER was in love him and she probably believed she was his girlfriend. He later stated "I guess she could be considered my girlfriend." Overton told us when he met CER he told her "if you wanna talk to me you gotta give me some money or something." According to Overton, CER started giving him money a week after they met He told us she gave him no more that $100 at a time but stated she gave him money on a consistent basis. Overton estimated CER has given him around $3000 during their relationship. He told us she would give him money because he would ask for it and complain. Overton told us it was "basically" expected for CER to give him money. Overton told us CER called him from work one night upset about not making enough money, He said CER told him she wanted to go to the "track." Overton said he encouraged her to stay at work and initially tried to talk her out of it. He then told her "I guess we could make some money." Overton told her if she really wanted to go the "track" she should meet him at Marcell's house. He told her if she wanted to make some money on the "track" he knew where she could and told her he would take her to a track down south. Overton said he drove CER to the Chevron on Pacific Hwy S in Kent. Overton said he told CER to 'just walk" and "hit me up when you're done." According to Overton, CER asked him how much money she should charge and he told her $100-$150. Overton told us he told he told her to "go try," and told her to "good luck and be safe," when she got out of the car. Overton said CER ended up "turning a trick," that night. When asked to explain, Overton said she found a guy who wanted to pay her for sex. Overton said CER sent him a text informing the

guy was going to pay her $200. Overton said after she was done she called him and he picked her up at the Chevron. He told us CER gave him $60 dollars of her earnings. When asked why she gave him $60, Overton said it was for gas and the ride. Overton told us he agreed to take CER to the "track" because he knew he was going to get some money. He told us he told CER, "you gotta at least give me some cash money." According to Overton, CER wanted to go back to the "track" around 6:30 pm the next night. He explained this was the night she got arrested. Overton told us he agreed to take her but not so early. Overton told us later that night he brought CER to the Burger King at Kent Des Moines Rd where they ate and he dropped CER off to walk: the track. Overton said he didn't hear from CER for several hours until she called him and told him she got picked up by an undercover officer. She asked him to pick her up from the Burger King. Overton admitted he responded to pick CER up from the Burger King. He told us he believed he , was getting "set up" so he drove his "baby momma's," car and parked across the street. Overton told us he had Marcell walk across the street to pick her up. When asked why he believed he was being set up, Overton told us because he drove her out to the "track." Overton told us he knew what he did was wrong and stated he screwed up. When asked why he chose to do it if he knew it was wrong, Overton said "I'm not gonna turn down money from a girl." This incident occurred within the City of Kent, County of King and the state of .Washington. Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct. Signed and dated by me this 17 day of June, 2011, at the City ~f ent, King County, Washington.

.-IV

Offiter Lovisa Dvorak Certification for Determination Of Probable Cause Dan Satterberg Prosecuting Attorney W.S54 King County Court Seattle, Washington.

(FELONIES Date of Crime: Defendant:

, STATE'S SENTENCE RECOMMENDATION COMMITTED ON OR AFTER 7(1/2000; SENTENCE OF ONE YEAR OR LESS)

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Date: Cause No.:

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The State recommends that the defendant be sentenced to a term of confinement as follows:

'30
____

monthsl~on

Count

____ ____

months/days on Count months/days on Count

_ _

months/days on Count_

This term shall be served: ~ in the King County Jail or if applicable under RCW 9.94A.190(3) in the Department of Corrections in King County WorklEducation Release subject to conditions of conduct IIIin King County Electronic Home Detention subject to conditions of conduct DFor burglary or residential burglary offense, before entering Electronic Home Detention, 21 days must be successfully completed in WorklEducation Release

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with credit for time served as provided under RCW 9.94A50S. Terms to be served concurrentlyfconsecutivelywith each other. Terms to be served concurrently/consecutively with: -.,.., _ _ -:-.-::- __ ::-:-__ --:-:::--:::--:_-;-:-~_._:_:::_____________________ Terms to be consecutive to any other term(s) not specifically referred to in this form.

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This is an agreed recommendation.

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)is:..ALTERNATIVE

CONVERSION (RCW 9.94A.680): ~ days oftotaI confinement should be converted to: 1St...a_9"~ hours of community restitution (maximum of 30 days conversion, violent offenses not eligible to be co~ on a schedule established by the community corrections officer; iZJ other: ~~ •~ days in King County Supervised Community Option (Enhanced CCAP) (violent an sex offenses not eligible) subject to conditions of conduct

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REASONS FOR NOT RECOMMENDING offense - not eligible; Ootber

NON-JAIL ALTERNATIVE SENTENCE: 0 criminal history; 0 failure to appear history; 0 violent _

o EXCEPTIONAL

SENTENCE:

Substantial and compelling reasons for departing from the presumptive range are set forth in the attached brief

1Zf NO CONTACT: ~L:~~~~~-- term, defendant For the maximum parti~,with:
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NO CONTACT:

shall have no contact, direct or indirect, in person, in writing, by telephone, or through third

__

For the maximum term, defendant shall have no unsupervised contact with minors.

MONETARY PAYMENTS: Defendant shall make the following monetary payments pursuant to RCW 9.94A.753 and RCW 9.94A. 760. 1&1 Restitution as set forth in the "Plea Agreement" page and 0 Appendix C. 1&1 Court costs; mandatory $500 Victim Penalty Assessment and $100 DNA collection fee; recoupment of cost for appointed counsel. King County Local Drug Fnnd S . 0 $100 lab fee (ReW 43.43.690). Fine ofS . 0 $1,000 fine for VUCSA; 0 $2,000 fine for subsequent VUCSA. Costs of incarceration in KC. Jail at $50 perday(RCW 9.94A.760(2». Emergency response $ CRCW38.52.430); 0 Extradition costs of $ 0 Other ,

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MANDATORY CONSEQUENCES: blood testing (RCW 70.24.340) for any sex offense, prostitution related offe e, or drug offense associated with needle use. DNA testing (RCW 43.43.754). Revocation of right to possess a FIREARM (RC . ~O). DRIVER'S LICENSE REVOCATION (RCW 46.20.285; RCW 69.50.420). REGISTRATION: AL persons convi x off d some kidnap/unlawful imprisonment offenses are required to register pursuant to RCW 9A44.1 .

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KING COUNTY PROSECUTING Revised 8/09

A'ITORNEY

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