The Chronicle • March 31, 2010 •
www.omakchronicle.com
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Woman seeks insurance, court says not yet Former Conconully woman remains a person of interest in 2001 disappearance of Biles; remains found in 2006 By Al Camp The Chronicle OKANOGAN – A former Conconully woman now living in Oklahoma recently was denied her request for payment of a life insurance policy as long as she is a suspect in her husband’s homicide. Kathryn Butterfly-Biles sought payment Feb. 20, 2009, from State Farm Insurance, alleging that the insurer breached its insurance contract by refusing to pay her death benefits in a timely manner. She also alleged bad faith in the complaint filed in U.S. District Court for North Dakota and Oklahoma. Chief Judge Claire V. Eagan ruled Jan. 21 that as long as Butterfly-Biles was not eliminated as a suspect in the death of her husband, Donald L. Biles, the insurer did right in
waiting for an investigation to finish and placing benefits into the court registry. Detectives are trying to interview a couple more people and then prepare an extensive report for the prosecutor concerning the death of Biles, 51, who was last seen leaving Mid-Valley Hospital on July 30, 2001, Sheriff Frank Rogers said. “If you look at it, there is just a mound of paperwork on this case,” Rogers said. “We do know it was definitely a homicide.” Biles’ skull and a few other bone fragments were located Aug. 5, 2006, on a steep hillside by firefighters working the Tripod Fire in the OkanoganWenatchee National Forest about six miles north of Conconully. Butterfly-Biles, who is the primary beneficiary of her husband’s life insurance p0licy,
reported him missing Aug. 1, 2001. She applied for life insurance proceeds April 15, 2008, listing her husband’s death as a homicide. State Farm notified Butterfly-Biles in three letters in 2008 and another in early 2009 that “due to the circumstances of death” it was waiting for information from the Okanogan County Sheriff’s Office before settling the claim, court records said. The company cited state “slayer” laws as a reason for the delay. Washington’s slayer statute prohibits “any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful killing” of the decedent from receiving any benefit as a result of the decedent’s death. Judge Eagan found genuine issues of material fact regarding the cause of Biles’ death and, thus, whether Butterfly-Biles was entitled to benefits under the policy, court records said.
Driessen named by Brewster as new school superintendent By Sheila Corson The Chronicle BREWSTER – The School Board has hired elementary school Principal Eric Driessen as the new superintendent, effective July 1. “I’m looking forward to the opportunity to serve the district,” Driessen said. Driessen, 48, graduated from Brewster High School in 1980. He attended Whitworth University in Spokane for his bachelor’s degree in teaching with a science major, he said. He later received his master’s through Eastern Washington University in Cheney, his principal’s credentials through Heritage University and will finish his superintendent credentials next month.
After graduation, he and his wife, Liz, also a Brewster graduate, taught in Ritzville for 10 years. He then taught at Pateros for two years, Driessen said. When he started at Brewster in 1997, he taught for a year, was principal for two years, then taught again for two years and has been principal since then. Driessen said he wasn’t sure if he wanted to be a principal or teacher, but decided the principalship was right for him. He also hadn’t been sure if he wanted to be a superintendent, but he went after his credentials anyway, thinking it would be good to have that option, Driessen said. The opportunity presented itself sooner than he expected. The board approached him and they began talking about it,
he said. They said they felt confident enough in his abilities to make his appointment. That confidence is partly in the rest of the district staff, whose support and knowledge will help him along the way, Driessen said. Driessen said that current Superintendent Aaron Chavez has done a great job and set the district on a good path. Because of that, he doesn’t expect to make any major changes when he takes over this summer. Chavez will take a job as superintendent in the Wahluke School District, closer to his family. Driessen also has three children - Evynn, a sophomore at Spokane Falls Community College; Eli, a senior at Brewster High School; and Easton, an eighth-grader.
Kelley seeks clerk’s job By Dee Camp The Chronicle OKANOGAN - Rae Jean Kelley has announced her candidacy for county clerk. Kelley, a paralegal for attorney Michael Arch, is seeking the position being vacated by the retirement of longtime clerk Jackie Bradley. Charleen Grooms, Okanogan, also is seeking the position. Kelley, 48, a Republican, said she would work with the current staff to evaluate possible improvements, including making more information available online. She said she is researching the position and how other clerk’s offices are run, and has met with the clerks of Douglas and Chelan counties. Kelley said she has worked nearly 30 years in legal offices, starting in the fall of 1980 while in college. “Law is in my blood almost,” she said. She worked during the summers for the Okanogan firm of Mansfield, Thomas and Reinbold, and in 1983 began working for Sam Rutherford. In 1993, she graduated from Phillips Junior College in Spokane with an associate of arts degree as a paralegal. She began working as a paralegal in 1994 for Foreman,
Arch, Dodge, Volyn and Zimmerman. In 2004, when the partnership dissolved, she continued working for Michael Arch. For the past 16 years, she has managed Arch’s Omak office and for about eight years has managed his Chelan office, too, she said. She also has helped manage his Wenatchee office. “My duties Kelley include all aspects of being a paralegal, plus office management, hiring and supervising legal assistants, legal research, bookkeeping, apartment management and building maintenance,” she said. “I also manage our office general and trust accounts, which include deposits and trust account transactions.” She said she is efficient, organized and hardworking, and has “a vast knowledge of the legal system, which I believe is necessary to fulfill the duties of the Superior Court clerk.” Kelley was born in Chelan and raised there and in Malott by her now-deceased parents, Ray Slattery and Betty
(Slattery) Marsh. She has two brothers, Mike and Dan Slattery, and two sisters, Murlena (Slattery) Houdak and Re (Slattery) Reynolds. She is a 1980 graduate of Okanogan High School and a 1982 graduate of Walla Walla Community College with an associate of arts degree as a legal secretary. She and her husband, Randy Kelley, have been married for 20 years and have a son, Tanner, a senior at Okanogan High School. She has a stepdaughter, Sarah Kelley of Washington, D.C. Randy Kelley is district conservationist for the Natural Resources Conservation Service in Okanogan. Rae Jean Kelley was active in Future Business Leaders of America during high school, and served as state secretary, and has served on the Okanogan Chamber of Commerce board. She is a 20year member of Soroptimist International, and has held many offices in the group. She has served on the Okanogan School Board since May 2007, and said she would continue in that position if elected clerk. She also plays softball and lists baking, swimming, bowling and walking as her hobbies.
A medical examiner’s report ruled his death was from a gunshot wound to the head, court records said. “The circumstances of Donald Biles’ disappearance, the scene investigation associated with the recovery of his remains, and the anatomic findings of his skull were consistent with homicide,” federal court records said. State Farm said it talked several times with county detective Kreg Sloan, who said the prime suspect was Butterfly-Biles’ brother, and that Butterfly-Biles also had not been ruled out as a suspect and was considered a person of interest. Sloan told State Farm that blood found in the couple’s home had been cleaned up, and that blood was found in their vehicle, too. Butterfly-Biles originally stated that the blood was fish blood, and then that it was hamburger blood, court records said. The blood was determined to be Donald Biles’, the decision
said. Butterfly-Biles, who stated that she did not kill her husband, alleged State Farm acted in bad faith by “failing to conduct a legitimate investigation, delaying payment and using unsupported suspicion and conjecture as an excuse for such delay,” court records said. State Farm, which said it was ready to pay the appropriate beneficiary or beneficiaries, deposited into the federal court registry $159,619.65 on July 16, 2009. Butterfly-Biles interpreted State Farm’s deferral as a denial. She decided that “State Farm would never pay me until the sheriff in Okanogan County completed his investigation . . . (It) became quite clear to me that State Farm was going to hold on to the benefits forever and force me to sue them if I ever wanted to receive the benefits,” court records said. More than mere “speculation and conjecture,” as Butterfly-Biles alleged, court
McGaha sentenced to 12 months, sexual treatment By Al Camp The Chronicle OKANOGAN – Depression, marital difficulties, financial stress and heavy drinking were factors cited by a former middle school teacher that led to his committing third-degree child molestation, court records said. Bradley Ray McGaha, 46, Malott, pleaded guilty March 24 to the charge and was sentenced to 12 months; the sentence was suspended so he can enter outpatient sexual deviancy treatment through a state certified therapist for up to three years. Of the sentence, he was to serve 45 days and then have 30 days converted to 240 hours of community service. McGaha committed the crime with a 15-year-old girl between June 1 and Aug. 31, 2008, outside of his duties with the school district. A court document said McGaha knowingly caused a person, not his spouse, to have sexual contact with him. Superior Court Judge Jack Burchard included with sentencing documents a page from counselor John Colson’s evaluation of McGaha. McGaha alleged having marital difficulties, financial stress, depression and life disappointment during and prior to his sexual offending, as well as heavy drinking, Colson said. Colson, who found McGaha would benefit from treatment, said his avoidance in addressing details of the crime would suggest that he is wanting to blame outside issues
and not himself. “Treatment could certainly help with taking a more accountable stance for this activity,” Colson said, who said McGaha’s depression was relevant and appeared to be going untreated. McGaha was placed on paid
OKANOGAN – More changes are on their way to the county comprehensive plan, as commissioners talked over details with Planning Director Perry Huston March 29. The vision statement will remain nearly the same, although some language had been interpreted as “condescending,” Commissioner Mary Lou Peterson said. The key idea – that the plan is meant to keep from overregulation but also keep people responsible with their land use as it affects others – will be maintained. Commissioners also decided that the comprehensive plan will need a five-year review, plus an annual window for amendments, such as changes to city expansion areas or new planning developments.
Most of the conversation focused on the differences between rural and resource designations. Commissioners have set aside all public lands as resource lands, so that some areas that were once resource are now rural. To preserve agricultural land, commissioners decided to give rural and resource designations the same permitted uses. That way, if development crowds in on a farm, the neighbors cannot force a farmer out of his business because they don’t like the smells or sounds. Because the farmer was there first and the right to farm is protected, new neighbors will simply have to understand that will be a part of life if they choose to live next door. In late April, commissioners decided they will take a Monday afternoon to go over what “leave the Methow alone”
means, Huston said. Commissioners had advised that the work done by the Methow Review District with Sub-Unit A, etc., should be left untouched. However, everything needs to be reviewed for consistency and updates, Commissioner Bud Hover said. The next meeting for the comp plan is 1:30 p.m., Monday, April 12, at the commissioners’ hearing room in the Grainger Administration Building, 123 N. Fifth Ave. In other business, commissioners said they will hold a public hearing regarding their petition to de-list wolves from the Endangered Species list, most likely in the first week of May. Commissioners will meet with the state Department of Fish and Wildlife’s new director April 27 and then hold the hearing soon after.
administrative leave Oct. 7, 2009, and school employees were notified of the allegation. He resigned Dec. 31, 2009. McGaha graduated from Okanogan High School in 1982. He had worked for the district since 1992, and had coached several sports.
Thank You — Sponsors 2009 Okanogan Valley Pinewood Derby • J&S Drug • Rawson’s • Bob’s Alignment • The Chronicle • Bob and Pat Buchanan • Ok Tire
• Ag Technologies • Mitschelen Orchards • CAL Auto • Sheriff Frank Rogers • Hamilton Farm
The Family of Beulah Fleischman Palmer Would like to thank everyone for the prayers, hugs, comforting words, phone calls, all the beautiful flowers, and many lovely cards that supported us in the loss of our beloved Mother and Granny B. We will miss her. A special thanks to: Pastor Jack Schneider for the time he spent with us, the compassion, and the heart-felt eulogy he delivered at the service. The Ladies of the United Methodist Church for the wonderful lunch they provided. The Order of the Eastern Star for their special graveside service and their help. Barb Bahr and Alisha for their love, kindness, and commitment of personal time. Dr. Shields and staff at Wenatchee Valley Clinic and Mid-Valley Hospital staff for their care. Glen Graves, Mike Nearents, and staff of Precht-Harrison-Nearents Chapel for the time they spent and their caring kindness.
Madeleine and family
No Foolin’
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Commissioners review proposed comp plan By Sheila Corson The Chronicle
records said, supported state Farm’s uncertainty regarding the proper beneficiary. In addition to the evidence that Butterfly-Biles remains a suspect, State Farm had evidence that she changed her story regarding the source of blood found in the family automobile, and that her two stories were false, court records said. Further, Butterfly-Biles’ alibi was not airtight, court records said. She argued that she could not have killed her husband because she was in the hospital the night he disappeared. Biles’ disappearance was not reported until the day after ButterflyBiles was discharged from the hospital. That evidence was sufficient to create a legitimate dispute as to coverage, the court said. Therefore, it was not unreasonable for State Farm to avoid the risk of double liability by delaying payment and filing an interpleader after ButterflyBiles filed suit.
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