Josue Manuel Flores, 49, of Anacortes sits with his mother and father Thursday, Aug. 14, in the courtroom at the Skagit County Community Justice Center in Mount Vernon.
Josue Manuel Flores, 49, of Anacortes sits with his mother and father Thursday, Aug. 14, in the courtroom at the Skagit County Community Justice Center in Mount Vernon.
Nicholas Johnson / Anacortes American
An Anacortes man’s arraignment on second-degree murder and vehicular homicide charges has been delayed because his attorney failed to appear in court on Thursday, Aug. 14.
A public defender, Matthew Vanek, appeared in Eli Wainman’s stead, telling the court that Wainman was out on planned leave.
Frustrated that Wainman had not informed prosecutors or the court of his absence in advance, Skagit County Superior Court Judge Thomas Verge ultimately agreed to delay the hearing.
Defendant Josue Manuel Flores, 49, will remain out of custody until his hearing at 10 a.m. Tuesday, Aug. 19, when prosecutors plan to ask that bail be imposed.
“From the state’s perspective, this man is a menace and a danger …” Chief Criminal Deputy Prosecutor Rosemary Kaholokula told the court Thursday before she was cut off.
Prosecutors allege Flores killed motorcyclist Dennis James Thornlow, 48, of Anacortes on July 2.
On Aug. 5, Flores was charged with vehicular homicide and second-degree murder in addition to an existing charge of felony hit-and-run, to which he pleaded not guilty on July 14.
Flores is expected to enter a plea on the two new charges during his Aug. 19 hearing.
At about 10:17 p.m. July 2, officers and medics responded to a report of a motorcycle down in the Ace Hardware parking lot at 1720 Q Ave. and an unconscious but breathing rider “far away” in the roadway, according to a police report.
Medics rendered aid, but Thornlow died at the scene, according to police.
The two new charges against Flores are based on the findings of an investigation, filed Aug. 5, by the Anacortes Police Department and Det. Sgt. Jackie Nations.
“Based on the video evidence from Ace Hardware, it is clear that Josue Manuel Flores made substantial steps to intentionally run over Dennis Thornlow’s body with his vehicle, killing Dennis Thornlow,” Nations wrote in her affidavit of probable cause.
According to that report, Nations reviewed video collected from a variety of area businesses to get more information about what happened that night.
After leaving The Brown Lantern Alehouse in downtown Anacortes, Thornlow was traveling southbound on his motorcycle along Commercial Avenue when a Honda sedan driven by Flores cut in front of Thornlow going westbound on 11th Street, failing to yield the right of way, according to the report.
Thornlow then turned right onto 11th Street behind Flores and followed him around the block, returning to Commercial Avenue at 10th Street and proceeding southbound through the intersection at 12th Street, where Nations determined Thornlow was about three seconds behind Flores, traveling at normal speeds, according to the report.
Video then showed Thornlow begin to pass Flores on the passenger side as the two headed toward 17th Street, according to the report. Nations determined in the report that they turned left at 17th Street toward Q Avenue, where they turned right and came into view of a camera at Ace Hardware.
Flores was following Thornlow closely when Thornlow swerved quickly into the parking lot and, according to the report, Thornlow’s motorcycle tipped onto its left side, and he fell off.
Flores then turned quickly into the parking lot at the next entrance and hooked to the right toward where Thornlow was lying, proceeding to run over Thornlow and drag him through the lot, according to the report.
In an interview with police later that night, “Flores confirmed seeing Dennis Thornlow crash his motorcycle into the Ace Hardware parking lot, however after seeing this, Josue Manuel Flores chose to turn into the parking lot after Dennis Thornlow,” Nations wrote, “rather than continuing southbound on Q Avenue which would have taken him to his residence and away from Dennis Thornlow.”
Video shows Flores leaving the area southbound on Q Avenue, contrary to the direction Flores later told police he’d gone, according to the report.
In her report, Nations notes several other inconsistencies with Flores’ initial version of events.
For example, Flores had told police that Thornlow initiated their contact at an ATM, where Thornlow allegedly used racial slurs and threatened to kill Flores, according to police. Instead, their first contact came when Flores failed to yield the right of way to Thornlow at Commercial Avenue and 11th Street, according to Nations’ report.
“Additionally, Josue Manuel Flores stated multiple times that he was only trying to get away from Dennis Thornlow, however, video surveillance — and witness statements — reveal that it was rather Josue Manuel Flores who was chasing Dennis Thornlow just prior to Dennis Thornlow’s death,” Nations wrote, “and it was Dennis Thornlow who appeared to be trying to get away from Josue Manuel Flores.”
The second-degree murder charge and the vehicular homicide charge, both Class A felonies, each carry a maximum penalty of life imprisonment and a $50,000 fine.
The hit-and-run charge, a Class B felony, carries a maximum penalty of 10 years in prison and a $20,000 fine.
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