By Tom Callis
Peninsula Daily News
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By Tom Callis
Peninsula Daily News
PORT ANGELES — A man booked into Clallam County jail Thursday in connection with a vehicle assault that occurred earlier this week was arrested last year on investigation of allegedly using his truck as a weapon.
All charges were dropped.
Timothy Patrick Smith of Port Angeles was charged in May 2010 with fourth-degree assault and hit-and-run for allegedly deliberately ramming another truck on Bayview Avenue and shooting the driver of the other vehicle in the forehead with a BB gun.
Smith, 27, was also charged with first-degree unlawful possession of a firearm and possession of a controlled substance after the Clallam County Sheriff's Office executed a search warrant in response to the assault.
All charges in the case — including charges stemming from the vehicle assault — were dropped without prejudice July 26.
Clallam County Prosecuting Attorney Deb Kelly said the case was dismissed because evidence obtained from the search warrant — which included damage to the truck and the recovery of the BB gun — was going to be tossed out.
Defense attorney John Hayden was challenging the legitimacy of the search warrant, saying that it lacked enough information to establish probable cause.
Kelly said the Prosecutor's Office agreed that it was insufficient.
The victim's testimony alone was not enough to proceed to trial, she added.
“You may still have the testimony of the one individual, but the jury goes, ‘Where's Tim Smith's car?'” Kelly said. “Where's the evidence that show paint transfers?
“And we would not have any of that.”
Police said Smith helped another man alleged to have intentionally rammed a car carrying two adults and two children Wednesday on South Laurel Street escape the scene of the wreck.
Smith was booked on investigation of rendering criminal assistance in the first degree after surrendering himself to police.
Both men — Smith and Michael J. Moyle — left the scene in Smith's truck, police said. Police found the truck unoccupied Wednesday evening on Old Mill Road.
Police described the two men as being “very well-known” to authorities.
Smith spent two years in prison after the shooting death of Michael Sindars, which occurred almost 10 years ago.
Sindars died June 27, 2001, after being shot in the face.
Smith, who pleaded guilty to first-degree manslaughter, told police the gun accidentally discharged when it fell on the floor. He was 17 at the time.
Moyle, 28, was sentenced to 60 days confinement for possession of a controlled substance and possession of marijuana in 2009 and 30 months in prison for first-degree burglary, first-degree vehicle prowl, firearm theft and second-degree theft in 2002.
He is scheduled to be tried May 25 on charges of first-degree unlawful possession of a firearm and possession of a controlled substance with intent to deliver; and June 13 for possession of a controlled substance and possession of marijuana.
The 27-year-old Port Angeles resident was booked into Clallam County jail on investigation of rendering criminal assistance in the first degree. No bond had been set as of Thursday night.
Smith allegedly drove Michael J. Moyle of Port Angeles from the scene of a wreck on South Laurel Street at 11:20 a.m. Wednesday.
Police said Moyle, 28, intentionally rammed a Subaru sedan with his Ford Mustang, sending the vehicle carrying two adults and two small children into a telephone pole.
Police said Moyle, wanted on investigation of four counts of first-degree assault, chased the Subaru from Albertsons at Lauridsen Boulevard and Lincoln Street before ramming it at high speed.
His car died a block and a half away from the wreck; Smith picked him up in a Toyota truck, police said. An officer recognized the men before they drove away but didn't know they had been involved in the wreck, Sgt. Barbara McFall said.
Police found Smith's truck that evening on Old Mill Road. The truck has been impounded.
Moyle remained at large Thursday.
A 5-year-old boy in the back seat of the Subaru was listed in stable condition at Harborview Medical Center on Thursday.
He had been airlifted to the Seattle hospital for treatment of a head injury and a broken leg, police said.
A 1-year-old girl and the driver of the Subaru, Stewart M. Baker, were treated and discharged from Olympic Medical Center in Port Angeles on Wednesday.
Tawny Baker, a front-seat Subaru passenger, was in stable condition Thursday at OMC.
The children are not identified, police said, because they are minors.
Clallam County Prosecuting Attorney Deb Kelly said she will have to review the police report before determining any formal charges against Smith.
McFall said Smith showed up at the Port Angeles Police Department with an attorney shortly after 4 p.m.
McFall said Smith didn't give police any information on Moyle's whereabouts.
“We'll keep shaking the bushes and putting the pressure on,” she said.
McFall said it remains unclear why Moyle allegedly targeted the vehicle. Road rage is not expected to be a factor.
“Right now, we're hoping that Tim Smith can shed some light on that, and he has not,” she said.
Moyle is described as 6 feet 3 inches tall and weighing 200 pounds. He has brown hair and eyes.
Police are requesting that anyone who can provide information on Moyle's location or the case in general to phone them at 360-452-4545 or Crime Stoppers at 800-222-TIPS (8477).
Crime Stoppers can pay a reward of up to $1,000 for information that leads to an arrest with the filing of felony charges. Information can be given anonymously.
Reporter Tom Callis can be reached at 360-417-3532 or at firstname.lastname@example.org.
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