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UPDATED: Man wanted in South Hill burglary now in custody

Post by Stacey Mulick / The News Tribune on April 10, 2012 at 7:39 am with 29 Comments »
April 10, 2012 2:05 pm
Joshua Baker/Courtesy of Tacoma-Pierce County Crime Stoppers

UPDATED at 2:05 p.m.

Pierce County sheriff’s deputies have arrested a 27-year-old man wanted in connection with last week’s deadly shooting during a burglary inside a South Hill home.

Joshua Baker was booked into Pierce County Jail on Monday night. Prosecutors had previously charged him with first-degree burglary, attempted second-degree robbery and second-degree assault. A warrant had been issued for his arrest.

Baker pleaded not guilty to the charges this afternoon. He was ordered held in jail in lieu of $500,000 bail.

Investigators say Baker and Kevin Fernandes, 21, broke into the home of a retired Puyallup police officer last Wednesday. Two others waited outside.

The former officer confronted the two intruders and fired at them after one raised a crowbar, court documents state.

Both Baker and Fernandes were hit and ran from the house. They got into the bed of a pickup truck, which sped off.

Fernandes died of his injuries a short time later.

Baker and the other two alleged to be involved – Malinda Knight and Kyle Anderson – were charged Friday. Knight and Anderson pleaded not guilty Friday afternoon.

Baker was arrested Monday night after he showed up at a local hospital, Pierce County sheriff’s spokesman Ed Troyer said.

Baker received treatment for the gunshot wound he suffered in the burglary, then was taken to jail, Troyer added.

Leave a comment Comments → 29
  1. Should’ve aimed for the head & saved the taxpayers some $!!!

  2. nonstopjoe says:

    Yep – the retired police officer better visit the practice range so next time he’ll be on target.

  3. lovethemountains says:

    I don’t recall if the original stories stated where either suspect was hit but the head is not the target. Training calls for aiming at center mass.

  4. cylhentz says:

    Burglars are scum. I’m not happy one died and the other was injured, but I’m not sad either. The choice was theirs when they entered someone else’s home unlawfully. Choice + consequence = outcome.

  5. the3rdpigshouse says:

    One more success story in the publics efforts to improve the gene pool!!!

  6. Wrapper98439 says:

    Why were they not charged with the murder of their buddy? It is normal for accomplices to face murder or homicide charges if someone dies.

  7. chriscarlson79 says:

    Not if they were shot by the Victim. They are only charged with murder if they were involved, all they can be charged with is burglary or robbery. The state has to investigate to clear The victims shots as justified but they can’t charge someone for murder unless they murder or help in anyway.

  8. Hopefully,
    This, is the start to the rest of his life.

  9. PiecesOfYou says:

    Wrapper- That is correct if someone dies during the commission of a felony the other perpetrators can be charged with murder. Whether the charges stick depends on the prosecutor. the information from Chris is incorrect. If you look at the LINX website you can see that:

    Malinda Knight has been charged with:
    Murder 1
    Burglary 1
    Robbery 1
    Assault2

    Kyle Anderson:
    Murder 2
    Robbery 1
    Burglary1
    Assault 2

    Joshua Baker:
    Burglary 1
    Attempted robbery 1
    Assault 2
    As far as charges go he got the lightest but the DA needs to make a determination and will probably take Murder off the table for a plea deal

  10. fivecardstud says:

    If anyone ever needed exterminated it’s this thing. Bad enough stealing peoples possessions but to take their life is inexcusable. He needs to suffer everyday he has left.

  11. fivecardstud says:

    Here’s a few they might tack on. I hope so.

    RCW 38.38.632
    [Art. 78] Accessory after the fact.

    RCW 9A.08.020
    Liability for conduct of another — Complicity.

    RCW 9.94A.533
    Adjustments to standard sentences.

    RCW 9.94A.825
    Deadly weapon special verdict — Definition.

  12. fivecardstud says:

    Here’s a few they might tack on. I hope so.

    RCW 38.38.632
    [Art. 78] Accessory after the fact.

    RCW 9A.08.020
    Liability for conduct of another — Complicity.

    RCW 9.94A.533
    Adjustments to standard sentences.

    RCW 9.94A.825
    Deadly weapon special verdict.

  13. fivecardstud says:

    Here’s a few they might tack on. I hope so.

    RCW 38.38.632
    [Art. 78] Accessory after the fact.

    RCW 9A.08.020
    Liability for conduct of another — Complicity.

    RCW 9.94A.533
    Adjustments to standard sentences.

    RCW 9.94A.825
    Deadly weapon special verdict.

  14. fivecardstud says:

    I have no Idea why they posted that 3 times.

  15. PiecesOfYou says:

    If the DA takes murder off it will probably be because they feel it won’t stick, if that’s the case then Stud I hope they do use some of those others as fluff to trump up the charges. Maybe they can use conspiracy that’s a multipler as far as time behind goes. The sad thing about these people is they are able to procreate that’s disturbing. Hey DA no plea deals!!!!!

  16. pescatore says:

    Hey Mister DA I start jury duty next week in your county. Throw the book at them, I have no problem with that!

  17. shilaE86 says:

    PiecesOfYou you to look again at there charge’s cause none of them are being charged with murder.
    Malinda Knight’s murder 1 has been NCF
    Kyle Anderson’s murder 2 has been NCF
    and if you knew what that ment you would know that there was NO CHARGE’S FILED!!!!!!!!!!!!So Get Your Fact’s Right!!Everyone has there low point’s in life so get over it and move on with your’s!!!!And Chris your right people just hate to know that some people know alittle more about the law’s.

  18. surveyor1 says:

    Hey shilaE86….
    The media originally reported that they were being charged with murder so I am assuming that is where pieces got his information. Be that as it may, I don’t care if these people were at a low point in their lives, that DOES NOT give them the right to go out and commit crimes. It does not give them the right to break into someones house to steal they hard earned posessions and threaten them with a crowbar. I am sick and tired of listening to peolple like you trying to justify why their friends and/or family think it is okay to break into peoples homes and steal their property. It simply is not okay at ANY TIME to do what these people did!!!!

  19. gonecrazy says:

    Y’all are some cold hearted folks! Yea there is NO excuse for people to be stealing from others when the victims (most the time) are the ones working their butts off to get the things they do have but at the same time to flat out say they deserve to be dead and clearly the home owner was shooting to kill, thats just as wrong especially consindering both the guys shot, were shot from behind…meaning they were leaving- not tryin to attack the old guy with a crowbar. Obviously that was used for breaking in. Everyone makes mistakes in their lives and yea they should do the time for it and get help but to be killed then disrespected when their families are in pain from it all also and have to read this crap. It could be anyone of your family or friends.

  20. gonecrazy, seems like an appropriate sobriquet for you. Shooting to kill? Really? And you have the gall to suggest the homeowner victim was in some way wrong here. It seems rather cold hearted to put an innocent homeowner in a position to have to defend himself and his home from crowbar wielding delinquents. When someone breaks into your home I am certain you will recognize it for the mistake that it is

  21. surveyor1 says:

    gonecrazy…see my reply to shilaE86. Breaking into someones home is not a mistake. It is a choice. It is a choice and people who break into other peoples homes need to understand that that choice can send them to jail or get them killed. I can guarantee you 100% that if someone is standing in my home with a crowbar they are getting shot. I’m not gonna wait around to see if the person decides to beat me with said crowbar. I also don’t know that that person doesn’t have other weapons. Stop making excuses for your friends/family’s poor choices. Once again, breaking into someones home is not a mistake. It is a choice, and a very stupid, disgusting one at that. These people deserved to be shot. No questions asked.

  22. Seems like some people think it’s no big deal to steal some stuff from somebody. They have no
    remorse and will do it again and again. Usually for drugs or beer or just to party on.

    It’s all part of the new generation of “give me” losers that feel like they are owed something for nothing.

    The drugs have been around for a long time. It’s not the drugs. It’s just the way people think now.

    They will be dead if they enter my house. No warning, no hesitation, just dead. I will not wait to see if they
    turn and run when they see me.

    When I see them in my home, I will shoot. If that is wrong then I’ll have to deal with it after that.

  23. gonecrazy says:

    NOT making excuses WHAT SO EVER and theses guys were neither family or friend.

  24. This goes out to Gonecrazy. The man that died in this case was shot in the abdomen which tells me he was not running away from this homeowner. Secondly this retired officer did not want to shoot to kill but his life was in danger and he made a decision one that even he is having a hard time with. I will also guarentee that if someone broke into my home and came at me like this I would shoot to kill to. There were not two wrongs in this case only one the choice the suspects made to veak into his home. So before making comments like this do your research first.

  25. shilaE86 says:

    The retired cop is obvisiouly a trigger happy piece of crap! How the hell are you gonna shoot someone in the back who is running from the situation?! Yes what they did was wrong. You don’t just start popping rounds off at people who “broke into your home”. Wave the gun around and if nessecary fire off a round or two IN THE AIR! The chances are way greater that they will run from that! That kid did not deserve to lose his life over one bad decision! That bad decision was both parties. Im not gonna stick up for either one cuz everyone was in the wrong especially that retired cop.
    Apparently no one here is a part of the law and don’t know exactly the laws and the situation so everyone can just shut their mouths!!!!

  26. reaper14all says:

    Seems simple enough to me don’t do the crime and there won’t be consequences. Reading that some of you say he shouldn’t lost his life for stealing, think about the home owners who comer home and everything is gone. I know they past some legislation because some insurance companies dropped their customers because they considered them to much of a liability. Them you have some people who live right on the edge so they don’t have insurance because of their budget. Are you going to tell them “Sorry that’s life?” Apparently jail time doesn’t scare them and so it seems either does the possibility of losing their life. So then, what kind of deterrent do you suggest? I have one, if you feel that it’s their right to steal post your address so they can come over to your place and leave the rest of us alone.

  27. chriscarlson79 says:

    They already dropped the murder charges if you read the disposition portion. Josh was never charged with murder.

  28. CHARGE THA COP
    RIP

  29. Ok so here is the thing Josh turned Him self in and by doig so HE DID THE RIGHT THING so stop posting bullshit about him!!It seem’s to that he understands that what he did was wrong.Now he is sitting in jail for it!!!!!So let F#$%ing go!Go on with your pathetic life’s!!!!IT IS OVER NOW!!!!THANK YOU VERY MUCH!!!!!!That was wrong what the cop did cause both where shot from behind!!!!!

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