Announcements

January 25, 2012

$2.35 million settlement against WA DSHS and DOC

The State of Washington will pay a former Mason County woman $2.35 million to settle a lawsuit brought against the Department of Corrections and the Department of Social and Health Services for the State’s failure to protect her from a dangerous sexual predator.  Danny Dorosky, Sr., was a convicted child rapist on parole in the fall of 1990 when he began sexually assaulting the victim, who was only 10-years-old at the time.

Corrections officers responsible for monitoring Dorosky while on parole misclassified the 30-year career-criminal as a low-risk offender despite an order from the Parole Board requiring intensive management and supervision because of Dorosky’s prior sex crimes.  The Parole Board directed the DOC to conduct regular polygraph examinations to make sure he was not having contact with children.  Despite the directive, the DOC never supervised Dorosky and never enforced a single parole condition imposed by the Parole Board.

Left unmonitored, Dorosky ingratiated himself into the victim’s family and eventually moved into her home, where he continuously abused the victim for almost three years.

DSHS’s involvement in the suit stemmed from a report made by school officials to Child Protective Services on the young girl’s behalf suspecting abuse.  CPS learned over the course of its investigation that Dorosky was a convicted sex offender living with the girl’s family and that he was suspected of both physically abusing and sexually exploiting the child.  However, CPS failed to remove the girl from the abusive environment, never made contact with Dorosky’s parole officers, and simply closed the complaint.

In the summer of 1993, the victim’s father contacted local law enforcement about Dorosky after a visit from his daughter in California.  Mason County officials eventually arrested Dorosky, and he was later convicted of child molestation and rape.  Dorosky died in 2004.

About two years ago, the victim began looking for answers after her own daughter turned 10-years old.  She asked a local law firm that specializes in child abuse cases to help her, not knowing what they would discover.  After numerous public records requests, her attorneys realized the State’s agencies did nothing to protect her.  According to one of her attorneys, Jason P. Amala, “We told her we would help her find out how it happened, but we had no idea what we would find.  It wasn’t until the State said it had no more records on him that we realized it had no records because it did nothing to enforce this sex offender’s parole conditions.”   The woman filed suit shortly thereafter, and Dorosky’s parole officer eventually admitted she did nothing to supervise him.

The settlement comes at a time that Attorney General Rob McKenna is touting legislation to immunize the state from liability.  Darrell L. Cochran, a Tacoma attorney who represented the woman with Amala, testified against McKenna’s proposals in Olympia this morning.  “Our client was raped for almost three years because the state didn’t do its job.  The budget is a concern for everyone, but denying justice to people who endure a lifetime of suffering is not the answer.  Our communities and children will not be safe if the agencies charged with protecting us are given immunity for not doing their job.”

News coverage

The Olympian - State worker gets $2.35 million in settlement over child sex abuse
KOMO TV – State to pay $2.35M in abuse case settlement (VIDEO) 
WSOC TV – WA to pay $2.35M in abuse case settlement

September 2, 2011

More Olympia Early Learning Center suits filed

A parent of a youngster formerly enrolled at the now-defunct Olympia Early Learning Center has sued the child care facility, alleging that a former assistant teacher molested her son, according to the suit.

The former assistant teacher at the Olympia Early Learning Center’s McPhee Road site, Elisha Tabor, 20, was sentenced in July to 18 years to life in prison for raping a 5-year-old pupil in the child’s home and a 4-year-old pupil at work.

The civil lawsuit filed Thursday alleges that a boy was molested by Tabor while he was between the ages of 2 months and 4 years old while enrolled at the Olympia Early Learning Center’s McPhee Road site between 2007 and 2010, attorney Darrell Cochran said.

Cochran said that the boy identified in his lawsuit filed in Thurston County Superior Court on Thursday is not one of the children that Tabor was convicted of molesting or raping.

For more on this story, see Saturday’s Olympian.

Read more: http://www.theolympian.com/2011/09/02/1784068/more-suits-emerge-from-olympia.html#ixzz1WpsDVCZw

August 19, 2011

Gary Shafer Sentenced to 14.5 Years to Life for Molesting kids on an Olympia School Bus

Tacoma Attorney Darrell L. Cochran is representing families of children molested by Gary Shafer, who was employed by the Olympia School District.  If you or someone you know has children that potentially have been inappropriately handled by Shafer, please call our office at 1-800-259-PCVA.

Below is the full text of the story running today in the Olympian.

 

A former Olympia school bus driver was sentenced to 14½ years to life in prison Thursday for sexually assaulting two 6-year-old girls in December, while he was acting as a helper on a route for Centennial Elementary School.

The girls’ mothers broke into tears as they addressed the court during Gary Shafer’s sentencing before Thurston County Superior Court Judge Gary Tabor.

One of the mothers noted that Shafer sat in her daughter’s seat so he could groom her for molestation.

“Not only did you ruin her very first year of school, but you also scarred her for life,” she said.

The other child’s mother ruefully noted that she had reassured her daughter the school bus would be safe.

“Little did I know I was tossing her into the arms of a pedophile,” she said.

Shafer’s role as a helper involved riding as a passenger to learn another driver’s route so he’d know it as a substitute.

Shafer, 32, of Port Orchard, earlier had pleaded guilty to two counts of first-degree child molestation and one count of possession of child pornography for images that later were found on his computer. He also pleaded guilty under an Alford plea to an additional count of first-degree child molestation.

Under an Alford plea, a defendant maintains his or her innocence but admits there is enough evidence to convict. It carries the same sanction and prison sentence as a standard conviction.

Shafer’s attorney, Charles Lane, noted that Shafer, unlike nearly all of the other sex offenders he has represented, has admitted he has a problem.

Shafer had worked for the Olympia School District since October 2005. He was placed on administrative leave the first week of January, when the Sheriff’s Office contacted him about the allegations. He resigned Jan. 19.

Shafer’s most recent bus assignment was Route 41, which serves Reeves Middle and Hansen Elementary schools. District spokesman Peter Rex has said Shafer passed a criminal background check when he was hired. He has added that Shafer had no other disciplinary actions on his employment record with the district.

The parents of one of the girls sued the district, seeking $2.25 million. According to a tort claim notice sent by Tacoma attorney Darrell Cochran to Assistant Superintendent Jennifer Priddy, the “district’s lack of oversight and lack of response to a clearly dangerous situation is really appalling.”

In a prior interview, Cochran said he wants to know more about what the driver of the bus on Shafer’s route saw and whether he tried to prevent Shafer from having children sit on his lap.

Judge Tabor noted Thursday that Shafer has admitted to “grooming” the young girls over time so he could gain their trust. Tabor said he was troubled by that admission.

Shafer apologized to his victims, who were not in the courtroom, and their families before he was sentenced.

The state’s Indeterminate Sentencing Review Board will periodically review Shafer’s case and treatment to see whether he is eligible for release. If he is not, he could spend the rest of his life in prison under state law.

Jeremy Pawloski: 360-754-5465

jpawloski@theolympian.com

Read more: http://www.theolympian.com/2011/08/18/1764963/olympia-school-bus-driver-sentenced.html#ixzz1VUrDJnaA

July 15, 2011

OELC Downtown to Close

From the Olympian:

OLYMPIA – The Olympia Early Learning Center’s downtown branch on Capitol Way will close July 29, according to a spokeswoman from the state Department of Early Learning.

The closure is “self-initiated,” she said. Officials at the center could not be reached for comment Thursday. The center closed a second site, on McPhee Road, in mid-April. The Department of Early Learning is investigating a complaint in January that the center failed to report an abuse allegation at that site. In February, the department put the site on its do-not-refer list, and its license is inactive.

In early July, a judge in Olympia sentenced a former assistant teacher at the McPhee Road site to 18 years to life in prison for raping a 5-year-old at the pupil’s home and molesting a 4-year-old pupil at work.

Elisha Tabor, 20, had earlier pleaded guilty to one count of first-degree child rape and two counts of first-degree child molestation. He had worked at the McPhee Road site from May 2008 to January 2011 when the allegations came to light.

Read more: http://www.theolympian.com/2011/07/14/1724781/olympia-early-learning-center.html#ixzz1SCaf6Sjj

Tacoma Attorney Darrell Cochran is representing the families of children molested at OELC.  If you have any information, please contact us today.

June 9, 2011

PCVA fights sex abuse at Olympia Early Learning Center

Darrell Cochran represents families who have filed lawsuits against the Olympia Early Learning Center for sexual abuse inflicted by its employee, Elisha (Eli) Tabor.

Elisha Tabor, former employee of the Olympia Early Learning Center

Tabor recently pled guilty to one charge of First Degree Child Rape and two counts of First Degree Child Molestation in conjunction with abuse of children who attended the Center’s facility in the westside of Olympia.

Insurance attorneys from Seattle law firms have recently appeared in the lawsuit on behalf of the Learning Center.

A number of people have come forward in recent weeks with further information about the Learning Center’s failure to safely supervise children at the westside facility and its awareness of concerns with Tabor’s contact with children attending the facility.  Tabor worked at the Olympia Early Learning Center from May 2007 until his arrest in February 2011.

Anyone whose children suffered sexual abuse or have information about the Olympia Early Learning Center or about Elisha Tabor are encouraged to call our abuse hotline at (253) 617-1642 or 1-800-259-PCVA.

May 26, 2011

Olympia Early Learning Center Child Sex Abuse Case Update

The man accused of molesting attorney Darrell Cochran’s client pleaded guilty today in criminal court. If you know someone who has suffered abuse while at school or church, or by someone who was protected by an institution, contact us for a free consultation with an attorney.

Here is a link to the Olympian’s story today: The Olympian: Former learning center employee pleads guilty to child rape

April 25, 2011

Pfau Cochran Vertetis Amala Appellate Court Decision in our favor

CASE #: 65111-1-IA.G., D.F. and J.J., Res. v. Corp. of the Catholic Archbishop of Seattle, et al., Apps.
King County, Cause No. 08-2-02340-1 SEA

Counsel:Enclosed is a copy of the opinion filed in the above-referenced appeal which states in part: “We affirm.”

Excerpt: APPELWICK, J. — After settling these cases, the Archdiocese filed a motion to enforce the return or destruction of certain discovery documents, in accordance with a stipulated protective order the parties had signed. The trial court denied the Archdiocese’s motion and instead modified the protective order to allow opposing counsel, Pfau Cochran, to retain the documents because they were the subject of ongoing discovery disputes in other cases. The question of whether the documents could be used in those cases was expressly left to the discretion of the judges in those other cases. We find no abuse of discretion. We affirm.

Read the full text: 2011-04-25 — Court of Appeals 65111-1-I A.G., D.F. and J.J., Res. v. Corp. of the Catholic Archbishop of Seattle, et al. Apps.

April 25, 2011

Pfau Cochran Vertetis Amala case Ranked 35th of Top 100 Verdicts of 2010, Nationally by VerdictSearch.com

The verdict for class plaintiffs in Rekhter v DSHS was for $57,123,795 and ranked 35th of VerdictSearch’s Top 100 Verdicts of 2010. See the complete list below:

April 19, 2011

Darrell Cochran in The News Tribune – Parents of girl allegedly molested on bus sue Olympia district

Parents of girl allegedly molested on bus sue Olympia district

JEREMY PAWLOSKI; Staff writer

Published: 04/19/11 4:28 pm | Updated: 04/19/11 9:34 pm

The parents of a 6-year-old girl who allegedly was molested by a former Olympia School District bus driver sued the district Tuesday.

The lawsuit filed by Tacoma attorney Darrell Cochran alleges that the district “breached its duty and was negligent in the supervision and the protection over its students during school hours.”

Gary Shafer, 32, of Port Orchard, has pleaded not guilty to two counts of first-degree child molestation for allegedly sexually assaulting two girls on a bus in December, while acting as a helper on a route for Centennial Middle School. Shafer was being held Tuesday at the Thurston County Jail with bail set at $50,000.

The district “failed to keep students safe” by allowing Shafer “to have unfettered access to young, vulnerable children as he rode on a school bus in no official capacity other than as a self-appointed helper,” the lawsuit states. It also alleges that school district employees “observed episodes of inappropriate behavior towards (the girl) but failed to take appropriate action.”

Olympia School District spokesman Peter Rex could not be reached for comment. Rex has said in prior interviews that he cannot comment on pending litigation.

Shafer had worked for the school district since October 2005 and had driven several routes. He was placed on administrative leave during the first week of January, when the Thurston County Sheriff’s Office contacted the district about the allegations. Shafer resigned Jan. 19.

Shafer’s most recent bus assignment was route 41, which serves Reeves Middle and Hansen Elementary schools. Last week, Cochran filed a separate lawsuit alleging that the district is violating the Public Records Act by witholding documents related to its investigation of Shafer.

Cochran said he is still waiting for the documents, adding that he wants to know more about Shafer’s role as a helper when the alleged molestation occurred. As a helper, Shafer was supposed to be learning the route to act as a substitute for the Centennial Middle School driver.

Cochran said he wants to know what the driver saw and whether he tried to stop Shafer from letting children sit on his lap.

The driver “has got some explaining to do,” Cochran said.

In a tort claim notice, Cochran stated that he intends to ask the district to pay his clients $2.25 million, but the lawsuit filed Tuesday does not name a specific figure.

Jeremy Pawloski: 360-754-5465 jpawloski@theolympian.com

Read more: http://www.thenewstribune.com/2011/04/19/1632690/parents-of-6-year-old-girl-allegedly.html#ixzz1KYtRqXRV

 

April 14, 2011

The Olympian – Lawyer (Darrell Cochran) wants more records in sexual assault case

OLYMPIA – The attorney for a 6-year-old girl who was allegedly molested by a former Olympia school bus driver has filed a lawsuit accusing the Olympia School District of violating the Public Records Act by withholding documents related to its investigation of the driver.

Gary Shafer, 32, of Port Orchard, has pleaded not guilty to two counts of first-degree child molestation for the alleged sexual assaults on two 6-year-old girls on a school bus in December. At the time of the alleged assaults, Shafer was acting as a helper on a route serving Centennial Elementary School. Shafer was being held Wednesday at the Thurston County Jail in lieu of $50,000 bail.

Tacoma attorney Darrell Cochran sent a tort claim notice to the school district in February, notifying the district that he intends to sue it for $2.25 million in damages on behalf of one of the 6-year-old girls and her parents. On Wednesday, Cochran filed a separate complaint against the district, alleging that it has failed to comply with the public records act by withholding pertinent documents related to the district’s investigation of Shafer after the allegations of molestation came to light.

“To date, the District has failed to produce these records, withholding them for the purposes of interfering with Plaintiff’s investigation of Shafer’s sexual misconduct and the District’s investigation,” reads Cochran’s complaint filed in Thurston County Superior Court.

According to exhibits attached to the lawsuit, the school district has so far shared 544 pages of material with Cochran in response to his request for documents “concerning child sexual abuse allegations against Olympia School District employee Gary D. Shafer.”

However, according to a copy of an email Cochran sent to the district after he received the 544 pages, the documents from the district contain “not much in the way of any investigatory materials by the District.”

The email Cochran sent in late March to district public records coordinator Peter Rex continues, “You indicate in your cover letter that nothing has been withheld under any claim of privilege. I want to make sure I am not misunderstanding what you have stated. The lack of records would lead me to believe that the District has made absolutely no inquiry into the molestation of its students by one of its employees. This strikes me as highly unusual, highly unlikely or simply a miscommunication by either you or me.”

Cochran states in his email that he has heard that “a counselor at one of the elementary schools actually confronted Mr. Shafer or a driver about Mr. Shafer’s presence on one of the buses. I see nothing on the records that reflects the confrontation, and I wonder if you are familiar with that situation.”

Rex’s emailed response to Cochran on March 28 reads, “… to the best of my knowledge the documents I sent to you represent all of the records that are responsive to your request of February 10, 2011. If you have other questions about the issues you’ve raised, I’d be happy to put you in touch with our legal counsel.”

Reached by telephone Wednesday, Rex said that the district cannot comment on pending litigation.

Shafer had worked for the district since October 2005 and had driven several routes, Rex said in a prior interview.

Shafer was placed on administrative leave the first week of January, when the Thurston County Sheriff’s Office contacted the district about the allegations. He resigned Jan. 19.

Shafer’s most recent bus assignment was Route 41, which serves Reeves Middle and Hansen Elementary schools.

Rex has said that Shafer passed the criminal background check required under state law when he was hired.

Jeremy Pawloski: 360-754-5465 jpawloski@theolympian.com

Read more: http://www.theolympian.com/2011/04/14/1615849/suit-filed-over-bus-driver-inquiry.html#ixzz1JVraZMXT

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