PORT ANGELES — Tommy Ross Jr. is back in jail after five hours of freedom.
Ross, 60, was incarcerated as of Wednesday in the Clackamas County jail in Oregon on $1.5 million bail, awaiting a state Court of Appeals decision despite the dismissal Tuesday of murder charges against him.
Ross, was released at 10:35 a.m. Tuesday after Clallam County Superior Court Judge Brian Coughenour signed an order dismissing first- and second-degree murder charges in connection with the 40-year-old murder of Janet Bowcutt, 20, of Port Angeles.
In his ruling, Coughenour said Ross’ constitutional right to a speedy trial — Ross was charged in 1978 with murdering Bowcutt — was violated by the 40-year delay in case.
But at 3:51 p.m. Tuesday, while Ross was on his way to California, Oregon State Police apprehended him on Interstate 5 south of Portland on a Clallam County arrest warrant issued after a ruling by state Court of Appeals Commissioner Aurora Bearse.
The southbound lane of I-5 was closed “for several minutes” while Oregon State Police officers conducted a “high-risk stop” of Ross’ vehicle, Port Angeles Deputy Police Chief Jason Viada said.
Viada said the Port Angeles Police Department had sent three patrol vehicles to accompany Ross for what enforcement authorities said was Ross’ and the public’s safety, so Port Angeles police were present during the arrest in Oregon.
In fulfilling the arrest warrant, the police department had told the State Police that Ross was wanted for homicide and strangulation, according to the State Police arrest report.
Bearse granted the request by the Clallam County prosecuting attorney’s office to reimpose $1.5 million in bail and other conditions of release on Ross pending the court’s decision on a emergency motion to delay, or stay, dismissal of the murder charges.
The prosecuting attorney’s office also has asked the appeals court to overturn Coughenour’s ruling.
Under the rules of appellate procedure, the court can delay Coughenour’s order if the prosecuting attorney’s office “can demonstrate that debatable issues are presented on appeal and that the stay is necessary to preserve the fruits of the appeal for the [prosecuting attorney’s office] after considering the equities of the situation,” Bearse said.
“The state argues that its appeal raises a debatable issue because the Superior Court disregarded a ‘long line of cases holding that a defendant who has failed to assert his right to a speedy trial is unlikely to prevail on a speedy trial claim.’”
Bearse ruled that Ross’ lawyer must respond by Monday to the emergency motion to stay the dismissal.
“Ross’ conditions of release, including bail, are temporarily reimposed solely to allow this court to decide the stay request,” Bearse said.
Port Angeles lawyer, Lane Wolfley, said Wednesday the response will be filed by Friday.
Prosecuting Attorney Mark Nichols said that Clallam County is seeking Ross’ return to the Clallam County jail.
“I am encouraged to see the Division 2 Court of Appeals did, albeit temporarily, reinstate conditions of release including bail, and I’m hopeful that we will have the opportunity of continuing preparations to trial,” Nichols said.
Ross was charged with Bowcutt’s murder in 1978 before spending 38 years in a Canadian prison for the strangulation murder of 26-year-old Janice Forbes, who was killed three weeks after Bowcutt’s death.
“I’m happy, because he’s off the streets,” Bowcutt’s son, Jimmy Bowcutt, said Wednesday afternoon.
“All he knows is killing people, that’s all he knows,” Bowcutt said of Ross, who is suspected in the deaths of at least two other women, according to court documents.
“Hopefully, I can finally get justice,” Bowcutt said.
Ross, granted parole on the Janice Forbes murder conviction Nov. 10, 2016, was arrested Nov. 15, 2016, at the Canadian border and transported to the Clallam County jail, where he is the facility’s longest serving inmate.
Coughenour ruled that Clallam County’s failure to seek Ross’ extradition to Washington, including while Ross was being held by Los Angeles authorities in 1978, was key to his decision.
Then-Prosecuting Attorney Grant Meiner allowed Ross to instead be extradited to Canada to face trial for Forbes’ murder believing Ross would be returned to Clallam County after the trial under a verbal agreement that Canada did not keep, according to court documents.
Since 1978, evidence in the Bowcutt case has been lost, compromised and destroyed, and witnesses have died or are unable to testify, Coughenour said.
Wolfley said Ross’ two brothers were in the car that was stopped Tuesday by the Oregon state police.
“They had a glorious reunion, and all things considered, they were happy with the time they had to spend with him,” Wolfley said.
Depending on the appeals court decision, Clallam County could seek Ross’ extradition to Clallam County.
“A good part of this case has to do with the failure of Clallam County to expedite [Ross], so I suppose there is a certain irony about all this,” Wolfley said.
________
Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at pgottlieb@peninsuladailynews.com.
