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02.02.201 2 09:22
01( A NOG A N COUNTY SUPERIOR COURT
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF OKANOGAN
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STATE OF WASHINGTON, Plaintiff, vs. GREGORY PHILLIP SWEZEY, Defendant
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KARL F. SLOAN, Prosecuting Attorney in and for the County of Okanogan, Washington by this INFORMATION, accuses the Defendant above-named of the crime(s) committed as follows:
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COUNTNO.1A RCW 9A.32.050(1)(b) - Second Degree Murder - Felony Murder On or about March 18 2009, in the State of Washington, the above-named Defendant committed or attempted to commit the crime of Criminal mistreatment in the first degree RCW 9A.42.020, a felony, and in the course of and in furtherance of said crime, or in immediate flight therefrom, the Defendant or another participant caused the death of a person other than one of the participants, to-wit: Zachery Swezey; contrary to Revised Code of Washington 9A.32.050(1)(b).
KARL F. SLOAN Okanogan County Proeec:uIIng AIkmey
P. O. Box 1130' 237 Fourth Avenue N. Okanogan. WA 98840 (509)422-7280 FAX: (509)422-7290
Maximum Penalty - Life imprisonment and/or a $50,000 fine pursuant to RCW 9A.32.050(2) and RCW 9A.20.021(1)(a), plus restitution and assessments. If the
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defendant has previously been convicted on two separate occasions of a "most serious offense" as defined by RCW 9.94A.030(32), in this state, in federal court, or elsewhere, the mandatory penalty for this offense is life imprisonment without the possibility of parole pursuant to 9.94A.030(32)(a) and 9.94A.120(4) or 9.94A.570. OR IN THE ALTERNATIVE COUNTNO.1B RCW 9A~32.060(1 )(a) - Manslaughter in the First Degree - Recklessly Causes the Death of Another On or about March 18 2009, in the State of Washington, the above-named Defendant did recklessly cause the death of another person, to-wit: Zachery Swezey; contrary to Revised Code of Washington 9A.32.060(1)(a). Maximum Penalty-Life imprisonment or $50,000 fine, or both pursuant to RCW 9A.32.060(2) and RCW 9A.20.021(1)(a), plus restitution, assessments and court costs. If the Defendant has previously been convicted on two separate occasions of a "most serious offense" as defined by RCW 9.94A.030(24), in this state, in federal court, or elsewhere, the mandatory penalty for this offense is life imprisonment without the possibility of parole pursuant to RCW 9.94A.030(32)(a) and 9.94A.120(4) or 9.94A.570. DATED this 25th day of January, 2012 KARL F. SLOAN Prosecuting Attorney Okan , Washington
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KARL F. SLOAN Okanogan County Pl'OIIICUIIng AIIomey
o. Box 1130'
237 Fowth Avenue N. WA 98840
Okanogan. (509) 422-7280
FAX: (509) 422-7280
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02.02.201 2 09:22
OKANOGAN COUNTY OK A~g~~~lg~UCNOURT
T Y CLERK
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF OKANOGAN
STATE OF WASHINGTON, Plaintiff, vs. GREGORY PHilLIP SWEZEY Defendant
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Under penalty of pe~ury of the laws of the State of Washington, the undersigned hereby declares:
1. That I am the Prosecuting Attorney for this County and make this declaration
in that capacity;
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2. That I am familiar with the police reports and investigation conducted on this
case; 3. That the information contained herein was received from Detective Kreg
Sloan of the Okanogan County Sheriffs office; 4. That probable cause exists that the Defendant committed the crime(s} as set forth in the filed Information, based on the attached declaration of Det. Sloan. 5. Physical description of Defendant: DOB: 2118/1964; White Male: HEIGHT: 5' 5"; WEIGHT: 200 Ibs.; EYES: Blue; HAIR: Brown. last known address for the Defendant: 108 South Fork Gold Creek, Carlton WA 98814
KARL F. SLOAN
Okanogan County ProIecuIIng Attorney
FOR CRIMINAL SUMMONS-1
P. O. Box 1130·237 Fourth Awnue N. Okanogan, WA 98840 (509) 422-7280 FAX: (509) 422·7290
Per the Department of Licensing Abstract: 108 South Fork Gold Creek, Carlton WA 98816. Per the JIS Individual Information Screen as: No record.,
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DATED this 25th day of January, 2012
KARL F. SLOAN
Karl F. Sloan WSBA# 27217 Prosecuting Attorney
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KARL F. SLOAN Okanogan County PruIeCuIIng AIIomey
DECLARATION FOR CRIMINAL SUMMONS-2
P. O. Box 1130 • 237 FOIIth Avenue N. Okanogan. WA 98840 (509)422-7280 FAX: (509)422-7290
0)( ANOGAN COUNTY SUPER lOR COURT OKANOGAN COUNTY CLERK
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF OKANOGAN
STATE OF WASHINGTON, Plaintiff, vs. GREGORY PHILLIP SWEZEY, Defendant ORDER FOR ISSUANCE CRIMINAL SUMMONS OF
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THIS MATTER having come on regularly before the undersigned Judge of the above-entitled Court, the Court finding that probable cause exists for the issuance of a summons to the Defendant, and it appearing that the Defendant should be brought before the Court so that a preliminary appearance hearing can be held in connection with the Information and Declaration for Criminal Summons filed in this matter, and the Court being fully advised, Now, therefore, it is
ORDERED that the Clerk of the above-entitled Court be and is hereby ordered to
KARL F. SLOAN
Okanogan County ProsecuIIng AIIomey 237 Fourth Aveooe N. WA 98840
ORDER FOR ISSUANCE OF CRIMINAL SUMMONS-1
P. O. Box 1130'
FAX: (509) 0422-7290
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issue a CRIMINAL SUMMONS for the Defendant, commanding that the Defendant appear on filed herein. DATED this
to answer to the charges(s)
day of __;".....
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By: KarlF n WSBA#27217 Prosecuting Attorney
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KAR1. F. SLOAN Okanogan CCQIty ProIecuIing AIIorney P. O. Box 1130·237 Fowth Avenue N. Oka1ogan. WA 98840
(509) 422-7280 FAX: (509) 422-7290
ORDER FOR ISSUANCE OF CRIMINAL SUMMONS-2
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CRIMINAL SUMMONS INFORMATION SHEET
Gregory Phillip Swezey
RACE: HEIGHT: WEIGHT: EYE COLOR: HAIR COLOR:
5' 5" 200 Blue
802-B Indian Dan Canyon Road Brewster, Washington 98812
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Carl;.or'\ WA tl9S It
1A-RCW 9A.32.050(1)(b) Murder OR IN THE ALTERNATIVE
- Second Degree Murder -
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1B-RCW 9A.32.060(1 )(a) - Manslaughter Recklessly Causes the Death of Another .ORIGINAL AGENCY: OCSO
in the First Degree -
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KARL F. SLOAN
Okanogan County ProIec:uIlng AIIclmey
ORDER FOR ISSUANCE OF CRIMINAL SUMMONS-3
P. O. Box 1130·
237 Fowth Avenue N.
FAX: (509) 422-7290
IN THE SUPERIOR COURT OF THE STATE 01PWASHINGTON OKANOGAN COUNTY STATEMENT OF ABRESTING OFFICER AND PRELIMINARY FINDING OF PROBABLE CAUSE STATEOFWASBINGTON COUNTY OF OKANOG~ }
OKANOGAN COUNTY SHERIJI'II' LAW ENFORCEMENT OFFICER, AND STATES THAT THE FOlJ.,OWING PERSON WAS ARRESTED AT THE FOLLOWING TIME AND PLACE: LAST NAME: -=S=w=eze=yl-FIRST: _;:G;;_;Te::;ggo=ryLMI: P DOB: 02118164 SEX: ...:_M=a=le'--RACE: .....:Wh~it~e TIME OF ARREST: _ _ DATE OF ARREST: PLACEOF~: INCIDENT NO.: _S_09_-O_]_29....;.,.3 LIST.ED BOOKING CHARGES:
R.C.W. 9A.32.070 Manslaughter in the second degree
THE ABOVE INDIVIDUAL WAS ARRESTED FOR THE LISTED CHARGES BASED UPON THE FOlJ.,OWlNG FACTS AND ClRCUMSI'ANCES:
On 03/19/09 at about 11:50 I received a telephone call at home from Sgt. Mudgett. Sgt. Mudgett told me there was a possible homicide of a 16 year old male that had died at home yesterday. Sgt. Mudgett told me the autopsy was either that day or the following day. Sgt. Mudgett also told me that there was a younger child still in the home. I told Sgt. Mudgett to advise CPS to do what they needed to do as far as ensuring the safety of the child that was still in the home. At about 15:00 I had telephone contact with Dr. Fino who told me the autopsy was scheduled for Friday at 14:00. On 03/20/09 at about 08:48 I reviewed the case information to date which included Deputy Brown's report and digital photographs. The victim was listed as Zachery Cole Swezey d.o.b. 07/23/91, who lived at 108 S. Fork Gold Creek Road in Carlton, WA. Deputy Browns report indicated the following in part: On 03-18-09 at about 13:50 dispatch request that I call their center for unattended death information. I called dispatch and was advised of an unattended death at 108 S. Fork Gold Creek Rd. in Carlton. Dispatch advised that the victim was a seventeen year old male. They also advised that the parents of the victim had not called the Sheriff's Office
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to report the death but instead called Barnes Funeral Home in Brewster to come and retrieve the body. They advised that Barnes Funeral Home had notified our office. At about 14:341 arrived atthe residence at 108 S. Fork Gold Creek Rd. I was contaded at the door by Zachery's father, Gregory Swezey. It should be noted that there were many other people in the residence. I asked Gregory to tell me what was going on. He told me that his son, Zachery, had come home on Sunday night the 15th in the evening after being out with a friend and going to Wal-Mart in Omak. Zachery told his mother, Gamet that he wasn't feeling well that night when he came home. Zachery told Gamet that he had eaten a roast beef sandwich from Wal-Mart and that it didn't taste right. Gregory told me that Zachery went to bed. Gregory told me that Zachery's room is located in a separate building just outside the main house. Gregory told me that around 02:00 or 03:00 on the morning of the 16th Zachery came into the house and was complaining of feeling sick. Gregory told me that at that time he started having flu like symptoms. Gregory told me that Zachery was throwing up, had stomach cramps, and diarrhea. Gregory told me that they had Zachery stay in the main house that night and he slept on the couch so that they could hear and keep an eye on him. He told me that the flu like symptoms continued though the next day. Gregory told me that Zachery would get up once in a while to use the bathroom or take a bath. They would clean him up and change the sheets after Zachery would have accidents from the diarrhea or vomit. I asked Gregory to tell me when they found Zachery dead. They told me that it was around 12:51 today. I asked him to tell me when the last time they saw him alive. Gregory told me a couple minutes before that. I asked Gregory to explain. He told me that the family was with Zachery when he passed away. I asked Gregory if Zachery had seen a doctor at all and he told me no. Gregory also told me that Zachery was not on any type of medications. Gregory told me that their religion, The Church of the Firstborn a non-denominational church, believed highly in "Faith Healing". He told me that the family does not go to doctors or take medications and that they believe in prayer to heal the sick. I asked Gregory when the last time was that Zachery had seen a doctor for anything. He told me that Zachery had a sports physical for school about a year ago. I asked Gregory if Zachery had any medical conditions other than the flu type symptoms they observed. He told me no that he was in good health prior to getting sick. I had Gregory take me to the location of Zachery's body, which was located in a bedroom near the back of the house. As we entered the room there was several people in the room including Zachery's mother, Gamet. Zachery's body was lying in the bed on his back and he was covered up with blankets.
A short time later Sgt. Davis and Coroner Chandler arrived on scene. I explained to the both of them the circumstances behind Zachery's death and that religious beliefs were the reason that law enforcement or the ambulance were not called. We went into the room where Zachery's body was located. While in there we were told that after Zachery passed away the family had changed the sheets to the bed and had also clothed Zachery. We were told that Zachery didn't have any clothes on while they were caring for him .: Gamet was told that we would need to collect the sheets for possible evidence and we later found out that Gamet had already washed the sheets prior to our arrival. At this time we had the family leave the room as we examined the body. I photographed the scene while Sgt. Davis and Coroner Chandler checked the body. When the sheets were removed I could see that Zachery was lying there with his hands folded on his chest. It should be, noted that his eyes were still open. Sgt. Davis checked the body and told me that Zachery's body was still warm to the touch and that Rigor Mortis was just setting in. Zachery's clothes were pulled back and there were no unusual marks found on the body. Uvidity had set in on the back side of the body that was consistent with the way we found him lying Sgt. Davis and myself told Gregory that at this time we were going to be taking digital statements from all of the family members in the room when Zachery died. Gregory told us that was fine and we advised that we would start with him. Sgt. Davis and myself took five digital statements from Gregory Swezey, Zachery's two uncles Connery Swezey and Marty Evans, Zachery's grandmother Betty Swezey. and Gamet Swezey. Prior to taking the statement of Gregory he did ask the question, "should I talk to an attorney?" We told Gregory that if he wanted to talk to an attorney that was fine but was up to him. He told us that he had nothing to hide, didn't need to speak to an attorney, and willingly gave his statement. At about 15:32 Sgt. Davis and myself took the statement of Gregory Swezey and it is paraphrased as follows: • Zachery came home on Sunday night after being out with his friends. • Sometime around 02:00 or 03:00 in the morning Zachery came into the main house from his room felling sick. He came in throwing up and we told him that he probably had the flu. We had him sleep on the couch in the living room. • Zachery had diarrhea, stomach pain, vomiting, chills, normal flu symptoms. • We had Zachery sleep in our room last night. • He passed away at 12:51 today. • My mother Betty, wife Gamet Jal.ea, brother Con, and myselfwere for sure in the room when Zachery passed away. My brother in law Marty might have been in the room. • Got Zachery up maybe an hour to use the bathroom before he passed away. • We believe in faith healing and pray over our sick. We have elders in the church that pray over them as well.
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Prior to death he was just breathing and his hands got cold. I have been with older church members when they passed on and have seen them die. Ten to fifteen minutes before he passed I figured out pretty much that he was going to die. He was showing symptoms. At that time we didn't consider calling an ambulance. Don't know if we covered the religious thing enough.· We don't forceour kids, our kids have a choice, At no time did Zachery ask to go to the doctor. In four months he will be eighteen. We were not anticipating that Zachery was going to die. This was unexpected. Thought he was going to be fine. Zachery's symptoms would come and go. They would get better and then get worse. There were times he could walk to the bathroom on his own. Times he could control his bowels and times he couldn't. People have been in an out of the house to help out with the baby and brought us food. That is pretty common in the church. They came here to pray. Our elders anoint the body with olive oil. The elders were hear yesterday and anointed Zachery.
At about 15:45 we obtained the statement of Connery Swezey. It is paraphrased as follows: . • Anytime our children or church members are sick we call around for prayer. • I found out on Monday that Zachery was sick. I came up here Tuesday morning and sat with him. • Zachery was throwing up and had diarrhea. He was talking and joking around. He had spirit. • I am not a doctor. When our church members get sick we come in and pray for them and try to take care of them the best we can. • As far as what was wrong with him I have no idea and wouldn't want to comment on that. • He slowly quit breathing. His hands started turning a little bit blue we realized that he was probably going to be gone. • The elders came yesterday and anointed him and prayed over him. They used olive oil. • When he passed away he had a bowel movement. So we cleaned him up and changed his sheets. We put some clothes on him. He was wearing no clothes when we were caring for him. • We obviously knew that this boy was sick. There was no doubt in our mind. We believe in prayer of faith and have seen it. That is part of our belief. • There wasn't a time when Zachery's asked to go in (to the doctor). If he would have asked we would have taken him. We don't force our kids to believe this way. • It's not up to me it was up to my brother (Greg). • As far as forcing our children. Especially a child as old as him he was up to the point where he could make decisions for himself. We don't force faith on any of our children.
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At no time did Zachery ask to go to the doctor. I never saw at any time that Gregory told Zachery that he could not go to the hospital. Last night he had a lot of strength. He was ill, very ill, but I didn't think he was goin9 to die that quick. '
At about 15:54 we obtained the statement of Marty Evans. It is paraphrased as follows: • Our religion is that we believe in prayer for the sick. We got a calf early Monday morning and were told that Zachery was sick and that he had the flu so that we could remember him in our prayers. • Talked to JaLea "Gamer' later that day and he was still throwing up, had diarrhea off and on, wasn't eating too well but had lots of liquids. • Zachery was running a high fever and threw up several times last night. He had diarrhea and we had to change the bedding several times. He wanted to take a bath and did take several baths which made him feel better. • This morning Zachery had the same symptoms and seemed a little bit weaker. About 12:00 or 12:30 he began going downhill quite rapidly and asked for his dad. His breathing was getting closer together and more shallow. ' • At no time did Zachery say that he wanted to go to the doctor. • No, I believe but am not sure that Greg and JaLea talked to him about that (going to hospital) but I am not sure, I don't know but I am sure he was given that option. At about 16:02 we obtained the statement of Betty Swezey. Her statement is paraphrased as follows: • I came this morning JaLea called me and told me that Zachery was pretty sick. She thought he had the flu because everyone else had the flu, but we didn't really know what was wrong. • He was kind of delirious cause he had a fever. Then all of a sudden he started going downhill. • He was kind of delirious and was talking out of his head. He was talking about his pickup and was talking all "cool man" like a kid would if he had a fever. • At no time did Zachery request to go to the doctor. I am pretty sure that Greg asked him if he wanted to go in (to the doctor) and Zachery said no. That was pretty close to when Zachery died. • Zachery was comfortable being home and didn't act like he wanted to go to the hospital. We will take them if they want to go and his dad asked him. At about 16:08 we obtained the statement of Gamet Swezey. Her statement is summarized as follows: • He came home from playing music and being at Wal-Mart around 22:00. Zachery said he wasn't feeling very well and had an upset stomach. He told me that he had eaten a roast beef sandwich from Wal-Mart. I thought maybe he got food poisoning from it or something. • Zachery went out to his room and went to bed. I went out to check on him and he was sleeping. He came back in that morning and was throwing up. I had him sleep in the living room so he was in the house.
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We believe in we pray for the sick in our church. Sunday morning I called my brother and his grandma and they came up and prayed for him. He was still pretty sick. Some people got some food, chicken broth, and stuff for him because we thought he had the flu. We just took care of him. Marty and Con came up and helped out. He had diarrhea pretty bad. He got up off and on this morning to use the bathroom. Zachery said he wanted his dad, Greg was out in the shop working. Greg came in and he died. He said he loved me and he wanted his dad. He didn't act scared or nothing. Oh no, Greg offered (to take to doctor). He is not baptized in the church yet. If anything ever happened to our kids we outweighed them but it was their choice. We offered to take him, Zachery said no. He just died. Zachery has had to flu off and on. This appeared to be flu like symptoms.
In reviewing Deputy Brown's photographs from the scene it was noted that Zach was lying on a bed on his back with his hands folded on his lower chest. There was noticeable lividity present on the back and upper arms. In photograph number S0901293-jcb-010 I noticed some red marks on the lower right abdominal area that looked odd and did not appear consistent with the lividity present. The red marks were all on the lower right abdominal area and were all on the right side using the belly button as the mid line. The marks appeared similar in pattern and had the appearance of bruising or contusions caused by fingers. On 03/20/09 at about 14:07 I arrived at Central Washington Hospital in Wenatchee.
I spoke with the Medical Examiner, Dr. Fino, and gave her the background information on the case and showed her the photographs from the scene.
At about 15:22 Dr. Fino started the autopsy. I observed the autopsy and took 56 digital photographs. At about 15:52 Dr. Fino found that Swezey had an infected and ruptured appendix. The appendix had a visible rupture and was visibly infected. I took several photographs of the appendix. During the autopsy I did not notice any other injury to Swezey. At about 16:40, after Dr. Fino finished the autopsy, she told me that the cause of death appeared to be acute peritonitis due to acute ruptured appendicitis and the manner of death appeared to be natural. At about 21:191 had telephone contact with Sgt. Davis and gave him an update. Sgt. Davis told me that he had heard in the community that the elders of the church had been anointing Zach's stomach with olive oil as it was thought that Zach had appendicitis.
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On 03124/09 at about 08:35 I reviewed the recorded statements that were taken by Sgt. Davis and Deputy Brown. On 03125/09 at about 06:45 I received a faxed copy of Deputy Coroner Chandler's coroner report which indicated the following in part: • Greg Swezey reported that Zach had flu like symptoms Sunday evening • there were times where Zach would call out to them and they would have to assist him to the bathroom • Greg indicated the diarrhea and vomiting did not seem too excessive, a few times a day • Greg indicated the symptoms would come and go but Zach never asked to go to the doctor • Greg indicated that the time of death was 12:51 • Greg indicated that things started to go downhill at approximately 11:30 that moming • Greg indicated they thought he might pass and they knew it was a possibility at least ten minutes prior to the time of death • Greg indicated they did not call 911 or call to seek medical assistance • Greg indicated they believed in faith healing as they are members of the Church of the First Born • Greg indicated that faith healing had worked well for them, up until now • Greg indicated that their religion involved no practicing physicians but instead healing by prayer with assistance from members of the church • Greg indicated that the day prior, Tuesday the 17th, at some time between 15:00 and 16:00, members of the church came to pray and anoint Zach's body with olive oil, he did not know which part of his body was anointed as he was out in the hallway with the baby • Greg indicated that they knew he was going to pass 10 minutes before • Greg indicated he has seen other members of the church pass away before • Greg indicated that during the incident with Zach he never considered calling an ambulance • at about 18:30 (on 03/18/09) Deputy Coroner Chandler spoke with Lynn at Barnes Funeral Home in Brewster • Lynn indicated that a man had called to ask if the boy had died, the man said he was part of the church prayer group and he had been told that the boy had appendicitis, Lynn also indicated she did not know the identity of the caller (it
s~ould be noted that this was before an autopsy was done)
• • • Greg indicated there had been a lot of church members that have gone to doctors in the past Greg indicated that if prayer didn't work then they go to the doctor to get it checked out Greg indicated that they were all about choices, their children can make the choice .
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On 05/14/09 at about 11:22 I received an email from the prosecutors office that contained a copy of the autopsy report for Zachery Swezey. Dr. Fino's autopsy report number 0K2009-05 dated 05/11/09 stated the following in part: Cause of,death: Acute Peritonitis due to Acute Ruptured Appendicitis. Findings: 1. Acute peritonitis with multiple mixed gut bacteria; 2. Acute ruptured appendicitis; 3. Pulmonary edema; 4. Cerebral edema. Opinion: This 17 year old man's cause of death is acute peritonitis due to acute ruptured appendicitis. Postmortem examination reveals no evidence of lethal injury. Postmortem toxicology reveals the presence of cannabinoids in the blood and urine. The manner of death is classified as natural. According to the Mayo Clinic appendicitis is a condition in which the appendix becomes inflamed and fills with pus. Appendicitis causes pain that typically begins around the navel and then shifts to the lower right abdomen. Appendicitis pain typically increases over a period of 12 to 18 hours and eventually becomes very severe. Appendicitis can affect anyone, but it most often occurs in people between the ages of 10 and 30. The standard appendicitis treatment is surgical removal of the appendix. It requires immediate medical attention. Signs and symptoms of appendicitis may include: aching pain that begins around the navel and often shifts to the lower right abdomen, pain that becomes sharper over several hours, tenderness that occurs when pressure applied to the right abdomen, sharp pain in the lower right abdomen that occurs when the area is pressed on and then the pressure is quickly released (rebound tenderness), pain that worsens during a cough, walking or other jarring movements, nausea, vomiting, loss of appetite, lowgrade fever, constipation, inability to pass gas, diarrhea and abdominal swelling. According to WebMed appendicitis is a medical emergency that requires prompt surgery to remove the appendix. Left untreated, an inflamed appendix will eventually , burst, or perforate, spilling infectious materials into the abdominal cavity. This can lead to peritonitis, a serious inflammation of the abdominal cavity's lining (the peritoneum) that can be fatal unless it is treated quickly with strong antibiotics. If properly treated, typical cases of surgically correctable peritonitis (e.g. perforated peptic ulcer, appendicitis, 'and diverticulitis) have a mortality rate of about <10% in otherwise healthy patients, which rises to about 40% in the elderly, and/or in those with significant underlying illness, as well as in cases that present late (after 48h).lf untreated, generalized peritonitis is almost always fatal.
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Most appendicitis patients recover easily with surgical treatment, but complications can occur if treatment is delayed or if peritonitis occurs. The real possibility of life-threatening peritonitis is the reason why acute appendicitis warrants speedy evaluation and treatment. Mortality and severe complications are unusual but do occur, especially if peritonitis persists and is untreated. The mortality rate of appendicitis has dramatically decreased over time. Currently, the mortality rate is estimated at one to two per 1,000,000 cases of appendicitis. Death is usually due to peritonitis, intra-abdominal abscess, or severe infection following rupture. It is a medically treatable illness. On 06/12109 at about 13:031 reviewed a Washington State Court of Appeals Division Three opinion dated 04123/91. The State of Washington was the respondent and Bobbie Dan Norman was the appellant. The Superior Court decision came out of Spokane County, number 88-1-00310-7, on 12115/88. The nature of the action was the prosecution of a parent for first degree manslaughter for refusing to seek medical care for a sick child who later died. The Court of Appeals determined, in part, that the failure to seek medical care would not be justified on religious grounds. The Church of the First Born is located on the Bridgeport Bar at 88 Port Road. The assessor data Iisfs the parcel number as 30252910006. The ownership information is General Assembly Church, P.O. Box 352, Pateros, WA 98846. The Washington State Department of Revenue lists the Brewster General Assembly and Church of the Firstborn as a non-profit corporation active and opened on 05/29/07. The mailing and business address is listed as 236 W IveslP.O. Box 352, Pateros, WA 98846. The agent name is Lionel Wilson 236 Wives/P.O. Box 352 Pateros, WA'98846. The president is listed as Lionel Wilson, the vice president is listed as Jerry Easter and the secretary is listed as Conn Swezey. On 07/10/09 at about 07:40 I reviewed Deputy Brown's report again which included summaries of the recorded statements of Gregory Swezey, Gamet Swezey, Connery Swezey, Betty Swezey and Marty Evans. I also listened again to the recorded statements from Gregory Swezey, Gamet Swezey, Connery Swezey, Betty Swezey and Marty Evans in their entirety. In Greg Swezey's statement he indicated that in the last 10 to 15 minutes before Zach died he figured out pretty much he was going to die, he was showing symptoms of that. Greg never considered calling an ambulance. Zach never asked to go to the doctor. They called and had the elders come in the day before Zach died, at about 15:00 and 16:00, and the elders anointed Zach with olive oil. In Betty Swezey's (Zach's grandmother) statement she indicated that Zach was pretty sick and that Greg, Jalea and Abby all had the flu but they really didn't know what was
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wrong (with Zack). Zach never asked for a doctor, Greg asked Zach if he wanted to go in and Zach said no. That was pretty close to when he died. In the statements it seems clear that Zach never asked to go to the hospital. However th~re does appear to be some discrepancy in if the parents asked Zach if he wanted to go to the hospital or have an ambulance called. On 07/29/09 at about 15:29 I received a fax from CPS that contained a certified copy of Zachery Swezeys birth certificate. The certificate of live birth indicated that Zachery Swezey was born on 07/23/91 at 01:00 at home in Brewster Washington. The mother was Garnett J Evans d.o.b. 02119/66 and the father was Gregory P Swezey d.o.b. 02118/64 The timeline of events indicates that Zach came home on Sunday night at about 22:00 and told his mom he felt sick and went to bed. On Monday morning at about 02:00 or 03:00 Zach came into the house and was sick with flu like symptoms. On Monday morning at about 05:00 Marty Evans was called and told Zach was sick. On Tuesday morning Connery Swezey came up and Zach was vomiting and had diarrhea. Connery stayed over until about 01 :30 Wednesday morning and came back later that day at about 10:30. On Tuesday the parents called the elders and the elders came in and at about 15:00 or 16:00 anointed Zach with oil. On Wednesday morning Jalea called Betty Swezey and she came up that morning at about 05:00. On Wednesday at about 12:51 Zach died. At about 13:50 dispatch was notified by Barns Chapel. On Wednesday at about 16:30 Zach was transported by Barns Chapel and deputies cleared the scene. On Wednesday at about 18:30 Coroner Chandler contaded Lynn at Barns Chapel in Brewster and Lynn indicated she had gotten a call from a man who asked if the boy had died. The man indicated he was part of the church prayer group and he and been told that the boy had appendicitis. Lynn indicated she did not know the identity of the caller. From the time that Zach came home and indicated he was sick to the time he died was about 2 days, 14 hours and 51 minutes or roughly 62 hours. Family members were aware that Zach was seriously ill prior to his death. Family members were also aware that Zach was going to die before his death; yet there was no effort, at any. time, to obtain medical assistance. It is also apparent that the failure of the parents to provide medical care was influenced by their belief in faith healing. The Church of the First Born is not covered under the Christian Science treatment by a duly accredited Christian Science practitioner in lieu of medical care provision provided in RCW 9A.42.005. The medical examiner classified the manner of death of Zachery Swezey as natural due to acute peritonitis due to acute ruptured appendicitis. Zachery Swezey was born on 07123/91 and died on 03/18/09. Zachery was 17 years, 7 months and 23 days old when he died.
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However based on the investigation to date and review of the law it appears the death is a homicide due to the failure or omission of the parents to take reasonable steps to seek medical care for Zach's condition. Gregory Swezey and Garnett Swezey were criminally negligent in their responsibility to provide care for their child Zachery who subsequently died of acute peritonitis.
RCW 9A.32.070 Manslaughter in the second degree. (1) A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person. (2) Manslaughter in the second degree is a class B felony.
DOB: FIRS'l':Zachery ClTY,ST,ZJP:_·
0712319] Ml:C _ _
LAST NAME: Swezey CD.CD. 03/] 8109) MAILlNGADDUSS:
PHYSICAL ADDIlJ'.SS: ] 08 South Fork Gold Creek Road, Carlton WA 98814
I CERTIFY (OR DECLARE) UNDER PENALTY Oil' PERJURy UNDER TID LAW OIl'THE STATE OJ!' WASBlNGTON THAT THE JlOUGOING IS TRUE AND COBBCI'. DATE:
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PRELIMINARY FINDING RE: PROBABLE CAUSE
The undersigned judge, having examined the statement of the arresting officer attached hereto, finds:
PROBABLE CAUSE EXISTS AT THIS TIME
I I I
1. There is probable cause to believe that one or more of the crimes listed as booking charges to-wit: or other crimes in lieu of or in addition thereto, were committed; 2. There is probable cause to believe that the above individual committed such crimes.
This' finding is subject to review at the arraignment or preliminary appearance of the named individual in court. Based upon the above findings, the custody personnel normally used by the arresting law enforcement agency are authorized to hold the named arrested individual in custody for the normal booking conditions set in such offenses. The named arrested individual shall be brought before (or ordered to be at if released) the appropriate court during normal court hours for arraignment or preliminary appearance as required by the Washington Rules of Court.
PROBABLE CAUSE DOES NOT EXIST AT THIS TIME
Probable cause not existing at this time, the custody personnel normally used by the arresting law enforcement agency are directed to release any hold upon the defendant based upon the listed booking charges and release the defendant if there are no other warrants or holds. If other warrants or holds exist, the defendant shall be held only upon the conditions thereon. This finding does not preclude the prosecuting agency from filing formal charges at a later time. Dated this Time:
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