Court roundup: Woman sentenced to 1 day in jail for pointing gun at man

Kristin M. Kraemer, Tri-City HeraldMarch 10, 2013 

A Kennewick woman was sentenced to one day in jail for pointing a gun at a process server who was trying to hand her a subpoena.

Kathy Jean Bausch, 55, claimed she thought it may have been former relatives at the door of whom she was afraid, and that she never heard the man announce himself.

The victim, a retired Washington State Patrol trooper, threw the subpoena at Bausch and hurried off when he saw the .38-caliber revolver aimed at his stomach, court documents said.

Pete Overdahl, who's now employed as a process server, was trying to deliver a subpoena for a deposition at 7:15 p.m. Oct. 24, 2011. He told Kennewick police he knocked on the door of Bausch's East Terril Road home, rang the door bell and identified himself three times, court documents said.

Bausch opened the door and told Overdahl, "I don't care who you are," while flashing the revolver, documents said. That's when Overdahl got out of there.

Bausch admitted pointing the gun, but said the repeated knocking on her door scared her. Bausch told officers she had received threats in the past that either her or her property would be damaged, and that her door had been broken down 21/2 months prior while she was out, court documents said.

Bausch had been charged in Benton County Superior Court with second-degree assault.

However, Deputy Prosecutor Terry Bloor explained in documents that the state has an obligation to prove a lack of self-defense beyond a reasonable doubt. Bloor said he was unsure of the outcome of a trial, in part because Overdahl's "good reputation for truthfulness" after serving as a respected trooper might not be admissible at trial.

A Kennewick officer who interviewed Bausch noted that she had "a genuine feeling of fear" while recalling the incident.

Her only history is a citation for accumulation of solid waste from Kennewick in 2001.

Bloor said with Bausch's guilty plea to disorderly conduct, she now has a criminal record. There have been no reports from law enforcement of problems with Bausch in the almost 11/2 years since Overdahl stepped up to her front door, Bloor added.

Since Bausch already served three days in jail, that covers her one-day sentence. She also got 89 days suspended, which she can be ordered to do if she violates any conditions of her sentence.

Ex-Walmart worker gets 2 months for stealing

A Walmart employee who took thousands in cash from her register during two months will spend 60 days in jail.

Jennifer C. Mallory and her fianc, Phillip Don Lindenburger, pleaded guilty to one count each of second-degree theft.

Mallory, 43, was told she can do jail time on work release or work crew if eligible. She must report to serve her sentence by April 10.

Lindenburger, 53, got zero days in jail because of his lack of felony history.

According to court documents, Mallory's register was repeatedly short while she worked at the Richland store between Sept. 25 and Nov. 23.

An internal investigation was done by loss prevention officers who found a total shortage of $6,400 during 12 different shifts. The daily shortages ranged from $200 to $1,474, documents said.

Employees are required to report when their register is short more than $20.

Security footage from five of the 12 shifts in question showed Mallory giving cash-paying customers more money than they were owed, court documents said.

When confronted Nov. 27 by loss prevention officers, Mallory admitted giving cash from her register to people she knew who came through her line. She later would get a portion of that cash back, documents said.

Mallory said she didn't know how much money she had taken, but estimated it to be thousands of dollars. She made a similar statement to Richland police, and initially refused to identify others involved in the theft before naming Lindenburger, court documents said.

Lindenburger, when questioned by officers, initially denied his involvement in the theft. Several days later, he contacted the detective and said he had been part of it, but added that no one else was involved in the scheme, documents said.

The West Richland couple had been charged with first-degree theft. However, prosecutors said they're unable to prove that charge beyond a reasonable doubt after further interviews with the store's asset protection managers.

Prosecutors learned multiple people, in addition to Mallory, likely had access to the registers that were short.

Security video shows Mallory pocketing $3,623, but footage isn't available for the balance of the $6,400 the store alleges was short from the registers where she worked, court documents said.

Mallory and Lindenburger must pay the $3,623 owed in restitution.

-- Kristin M. Kraemer: 582-1531; kkraemer@tricityherald.com; Twitter: @KristinMKraemer

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