Pacific County Superior Court
Published 6:19 am Tuesday, April 11, 2023
SOUTH BEND — The past three weeks have been up and down for the Pacific County Superior Court, with two short dockets on March 24 and 31 and a jam-packed day on April 7. Plea agreements were the major takeaways.
The bench was presided over by Judge Donald J. Richter and Judge Pro-tem Elizabeth Penoyar. Prosecutor Michael Rothman, Chief Deputy Prosecutor Daniel Crawford, and Senior Deputy Prosecutor Joe Faurholt represented the State.
The indigent defense consisted of David Arcuri, David Hatch, Justin Kover and Jonathon Feste. Kover was overly busy with cases and won a new trial for one of his clients after proving prosecutorial misconduct.
Tysen B. Muessig
Once adamant he was innocent, Tysen B. Muessig, 54, will be spending the next decade of his life in prison after he settled two cases for sex offenses — third-degree rape and first-degree rape.
Muessig’s case bounced around in the court for the past three years, and he was presented with plea offers. In one instance, he agreed to a plea deal and was granted time by the court to settle his affairs, but backed out at the last minute.
Crawford took the move as a slap in the face and noted no more accommodations would be available.
According to court records, Muessig settled both cases via a plea offer that recommended he serve 34 months for the third-degree rape and 160 months in prison for first-degree rape.
On April 7, Muessig was formally sentenced, and Richter handed him the prosecutor’s recommendations. He will spend around 13 years behind bars and must register as a sex offender. Upon release, he will be under lifetime supervision by the Washington State Department of Corrections (DOC)
Kaleb F. Sherman
Kaleb F. Sherman, 19, was formally sentenced for third-degree rape of a child in a case in which he sexually assaulted a teenager as she tried to sleep. He was arrested Nov. 22, 2022, in South Bend at the request of the Long Beach Police Department, which investigated allegations in tandem with Child Protective Services.
The victim told investigators about the sexual assault and how Sherman whispered in her ear not to tell anyone.
According to court records, Sherman reached a plea agreement with the prosecutor’s office for third-degree rape of a child, amended down from second-degree rape. The deal recommended he be sentenced to 12 months and one day in prison.
Richter accepted the plea and imposed the sentence during a formal sentencing hearing on April 7. Sherman will have to register as a sex offender and will have 36 months of community custody upon release from prison.
Raul Mora
Raul Mora, 23, now a father, admitted that he had a sexual relationship with a minor girlfriend in 2019 during which he got her pregnant. He pleaded guilty to one count of third-degree rape of a child and faces a standard range of about 12 to 14 months.
He will be formally sentenced on April 28 after a pre-sentencing investigation is conducted by DOC.
Samuel R. Baxter
Samuel R. Baxter, 54, pleaded guilty to one count of first-degree unlawful possession of a firearm by a convicted felon. He faces a standard range of 21-27 months in prison. The prosecutor’s office is recommending he be sentenced to the “bottom” at 21 months.
Baxter’s formal sentencing will be held on April 14.