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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Saturday, November 21, 2009

Arlington area man's arrest in alleged burglar's killing a shock to many

ARLINGTON — People who know Keira S. Earhart say he is gentle man.

Earhart, 38, is suspected of killing Ryan A. Rzechula, a 25-year-old Stanwood man who allegedly burglarized Earhart's home north of Arlington on Monday.

Earhart has served four years on the Arlington Kids Kloset board of directors and is the nonprofit's board secretary. Kids Kloset provides clothing and school supplies to children from low-income families in the Arlington, Lakewood and Darrington school districts.

“We are talking about a very compassionate man,” said Julie Morse, president of the nine-member Arlington Kids Kloset board and spokeswoman for the organization. “His entire career has been as a social worker, especially working with foster children.”

Earhart resigned in September from a job with the Stillaguamish Indian Tribe, the tribe's acting executive director, Eric White, said. Earhart previously worked recruiting foster families for tribal children.

“All of us on the board are involved in working with kids,” Morse said. “We would not volunteer if we did not care about people.”

Kids Kloset board members and employees were shocked by the news of Earhart's arrest and at the high bail amount, set Thursday at $1 million, Morse said.

“He's not a flight risk by any stretch of the imagination,” she said.

He's the father of two elementary-school-age children and he and his family are devastated, Morse said.

“This is really awful. Keira is scared and is just beside himself right now,” Morse said. “This whole thing just surprises all of us. He is so gentle. In my heart I know he was just protecting his family and his home.”

In a police affidavit, Earhart reported that he received an alert on his cell phone Monday that was triggered by his house alarm. He rushed home, saw a man running out and chased him. Earhart told Snohomish County Sheriff's deputies that his wife's jewelry was missing and that he had been burglarized before and was frustrated by the crimes.

A few hours later, Earhart again called 911 and told deputies he was looking for the burglar in an area near his home. Neighbors reported hearing shots fired.

On Wednesday, a neighbor called 911 to report finding Rzechula's body in a nearby creek bed. Rzechula has a criminal history. The jewelry found in his pockets matched what was taken from Earhart's home.

Earhart has no criminal history. He has a concealed-weapons permit and is a registered gun owner. Records show he was the victim of previous burglaries and thefts.

Gale Fiege: 425-339-3427, gfiege@heraldnet.com.

COMMENTS

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Vigilanteism
I don't care how compassionate the guy was or how many charities he's been active with, he went out with a gun and shot somebody dead.

This is the United States, not freaking Somalia -- you do not, ever, under any circumstances have the right to run out with a gun and murder somebody because you think they robbed robbed your house.

He belongs in the slammer.

Jacques Klahaya | Nov 21, 2009 6:22 am | 3 replies | Request removal

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What did he expect...
What about the fact that the Criminal came back to the scene after being chased off once hours before. What is the crime victim supposed to think? If it where a simple theft, wouldn't the criminal just move on to the next house? Wouldn't the Criminal think the homeowner is a little on edge and be alert??? From the victims stand point, he's back... there is more going on here then a simple theft. Great, now he's on the loose, what next he going to show up at 3am with a weapon? Now, try and lead a normal life think this POS is coming back at some point to possibly do God knows what....

Sad that the Criminals family has to deal with his death, that he brought on. Someone said before that he needed help. Maybe what he needed was some parenting or maybe a good butt whipping when he was a child and be raised to respect other people and their property. No one made the criminal break into this family's home and come back to further terrorize them.
Sad situation, but not the Home Owners fault.

William Allan | Nov 22, 2009 5:56 am | 1 replies | Request removal

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Re: What did he expect...
You do not know this family! I do! This has nothing to do with parenting Ryans parents did everything they could to help there son because of love and the fact they knew he needed help. Ryans parents are great people. How dare you blame this on the parents we are not talking about a teen age kids we are talking about a 25 year old man that made very bad choices. How would you feel if you spent every last dollar you had to help your kid and in return you got crapped on. I know we are all are able to state our opinion and you have done that. But just for a minute put yourself in there shoes.
V reed | Nov 25, 2009 10:11 pm | Request removal
Ryan
There are some sick people out there who feel that Ryans life was worth nothing. Ryan was a great friend ya sure he did have an addiction and it over took his life. But think of his family! Thanksgiving is tomorrow and they are without there son,brother and grandson. I think we need to be thankful for the fact we have our chidren tomorrow at the table and know that there is a family who's life was taken because of two dumb choices. Ryan will be forever in my heart and I personally have alot of good memories of him even though he did have an addiction and even after going through several drug and alcohol treatment programs he could not fight the addiction. He will be loved and missed by many. RIP Ryan I know I will be thinking of your family tomorrow!!!
V reed | Nov 25, 2009 9:13 pm | 0 replies | Request removal

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Notice to burglars
I wholeheartedly agree with Mark Walker's comment, the guy who broke into Mr. Earhart's place & robbed him set this whole series of events into motion.

And to Doug Vavrick, I've been robbed on my own property twice and I can't describe my feelings of rage & vulnerability, especially after a GREAT SnoCo Sheriff told me that he felt like a glorified insurance agent because all he could do was give me a copy of his report to turn in to my insurance agent. His frustration with the "system" was obvious, but my property was gone and I didn't know who did it, so I heard, "It was insured, wasn't it?" Next my homeowner's Insurance rates jumped because I filed a claim! Education? How about not breaking into somebody else's house & robbing them?

It sounds like Mr. Earhart's blunder was hunting for the guy.
Still, after my previous experiences, I feel no sympathy for the burglar and plenty for Mr. Earhart.

ps - I plan to protect & defend my person & property.

Studebaker Hawk | Nov 21, 2009 3:50 pm | 2 replies | Request removal

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Re: Notice to burglars
go ahead and protect your property, but ryan was shot in the back Several Blocks where the crime took place,he didnt drag ryan back to the seen and place a weapon in his dad body, or look for him after shooting him, ryan couldnt of gotten far being shot. isnt all game hunters suppose to track there game and follow their blood trail.
Ronald Fox | Nov 21, 2009 8:22 pm | Request removal
Re: Notice to burglars
Ronald Fox...then I guess he shouldn't have repeatedly committed crimes against other citizens. It is called Cause and Effect. Don't you get it?...neither did Ryan...check out his rap sheet.
b b | Nov 25, 2009 10:55 am | Request removal
Bad Hunter
go ahead and protect your property, but ryan was shot in the back Several Blocks where the crime took place,he did't drag ryan back to the scene and place a weapon in his dead body, or look for him after shooting him, ryan couldnt of gotten far being shot. isnt all game hunters suppose to track there game and follow their blood trail.then he could've rendered aid in saving Ryan and he wouldnt of died in a ditch
Ronald Fox | Nov 23, 2009 10:57 am | 1 replies | Request removal

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Re: Bad Hunter
You don't know what this man did or didn't do. What we do know is Ryan was a repeat offender and eventually his luck was going to run out. He did this to himself. This citizen did not cause Ryan to rob him twice or commit the multitudes of other crimes that Ryan has committed. It is not our responsiblity to tolerate his crimes but it is our responsibility to protect our families, communities and property.
b b | Nov 25, 2009 10:49 am | Request removal
AS CITIZENS
It was my understanding that as citizens we have the right to arrest and it is our responsibility to uphold the law.
Personally I think rather than felony charges the man should be given a good citizen award for ridding the neighborhood of such ilk. Be damned if I would let someone whom has violated my home steal what I have worked hard for.

GOLD BAR MTN.FOLK | Nov 21, 2009 6:26 pm | 2 replies | Request removal

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Re: AS CITIZENS
Nice to know you advocate murder.
R N | Nov 22, 2009 8:03 am | Request removal
Re: AS CITIZENS
I agree 100%. His rights as a drug addicted burglarizing criminal can't possibly be greater than our rights to life, liberty and the pursuit of happiness. He brought this on himself.
b b | Nov 25, 2009 10:43 am | Request removal
Ryan now has no Rights...
If you want to see what your are guaranteed by our Constitution please check this link:
http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentiv

Ryan, my cousins son no longer has the right of the Amendment VI, In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

The definition of the word "Enjoy":to have and use with satisfaction; have the benefit of
The definition of the word "Impartial":not partial or biased; fair; just

You can all say that you have the right to guard your property, yet what is supposed to distinguish The United States of America from every other Nation is our system of law. Like it or not. You don't like it, get out there and vote. Shame on anyone who does not vote. My dad always said if you don't vote you have no right to complain. Well I vote every little election they have so I can voice my concerns.

What I am concerned about is if you get away with shooting someone for this, what is to say you don't start going out and setting people up for crimes? Really, you want someone who cheated you dead, you invite them over for dinner, trash your house and put jewelry in their pocket and say they tried to rob you. Really, when does it end? You want your own justice well you will reap what you sow and it may be a crop of weeds that you just don't like so well.

Our justice system may not be what you like, but taking justice into your own hands is not the answer either.

Annette Prue | Nov 22, 2009 12:22 pm | 1 replies | Request removal

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Re: Ryan now has no Rights...
Ryan has had MANY chances at speedy trials. He was well aware of what was legal and what wasn't. Just look up his name on the Washington State Court Records website. He was well aware of the risks he was taking and the damage he was causing to his victims. He was not a rookie and he committed one crime too many. Sad but true.
b b | Nov 25, 2009 10:38 am | Request removal
His name is Ryan Rzechula
Once again I am amazed by more comments posted on here.

he followed all the legal steps necessary, that he could and must have been under extreme distress, realizing the individual was still violating his environment. With the revolving door of criminals allowed to violate human rights with minor punishment, when does a person have the right to say no, stop
Ms Ochoa, once again may I express when we start to take the law into our own hands we all are doomed. If you do not like the way the laws are, stop being "Hockey Moms" and start being advocates for change.

When you take the law into your own hands you yourself are then paying for either another crime or you your self are to pay from the final judge, God. Trust me so many people have cell phones now, and a call was made twice, your telling me that a shot in the back was what was really needed.

You see the shooter gets to live, my cousins son does not. He does not get a chance to get clean, he does not get a chance to change. I did, I got sober, got a nursing degree and changed my life. I am an advocate that anyone can change their life.

What so many of you do not realize is that so many crimes are related to drugs and alcohol, yet no one wants to spend money on the rehabilitation of people to get them off drugs. But the billions that are spent on the "War on Drugs" could be better spent to get people off drugs and be a better way to help our country. But sadly prisons, crime and the whole justice system are all big money makers for some people and as long as you do not realize that and let it keep happening, well nothing will change.

There is another option for this event, there really is. This is my opinion alone.Instead of the shooter being put in prison where he cannot work, where his family will have to rely on welfare to live, where he will cost us tax dollars to appeal and support him. I say that he is made to do lectures to others about how you should never take the law into your own hands ever to groups till the day he dies. I say he should be on house arrest at all times, only to be able to go to work, lecture to groups and that is it. Since he is so good at doing outreach it seems he would not mind this as opposed to prison.

Prison is not the answer. Destroying another family is not the answer. He also needs to help pay for Ryans death in some way, by volunteering at a local drug rehabilitation center so he can see first hand what Ryan struggled with.

This is my personal opinion and not of anyone else, I am someone who thinks that people can change, because I have changed. But for the grace of God go I, with that grace I have been able to do things that never before would have been possible.

Annette Prue | Nov 24, 2009 1:36 pm | 1 replies | Request removal

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Re: His name is Ryan Rzechula
Yes, people can change if they want to. Hopefully, they will do it before their actions cause them irreversible harm. It is not the responsibility of other citizens to tolerate the crimes of those who haven't "changed". It's the sad truth.
b b | Nov 25, 2009 10:29 am | Request removal
Re: Vigilanteism
I completely concur. You cannot track someone down outside your home and gun them down. Citizens need to leave the "tracking down" to the police. If you caught the person in your home and felt you were danger that's one thing...
Jeff Ryder | Nov 21, 2009 10:11 am | Request removal
Re: Vigilanteism
There is no proof of that. This Vigilant comment is based on assumption.
Where was the thief the last 1 1/2? Obtaining a gun from another home? He was in the process of stealing Earharts gun.
Bullistics have not been released. Was this even his bullet? What was the tragectory? It is possible that the thief was hit by a descending bullet from a warning shot, or by someone else, or accidentally by a ricochet off a tree or the like. There currently is just not any evidence to support your theory. There are several other possibilites that would not evidence gunning someone down, as some have expressed.

Michelle Ochoa | Nov 23, 2009 12:45 pm | Request removal
Re: Vigilanteism
Depending on the circumstances, which no one knows all the details yet, he may or may not have had a right to shoot the burglar....but he certainly had a good reason!
b b | Nov 25, 2009 10:24 am | Request removal
Sad consequence
Maybe if you yokels didn't terrorize and alienate yourselves from the rest of society by watching FOX news 24/7, and constantly fueling your paranoid fantasies of "us" against "them," you wouldn't have to go the usual simpleton route of squeezing a trigger every time you get frightened. Time to grow up. I mean, one guy was a thief (he's dead), and one guy (who's defense attorney seems to have contributed a large part of this article)is a murderer. Human life is worth that much to you, eh? This wasn't about a man protecting life and property(which is always = to human life, right???). No, this was a scared and angry man exacting revenge. Now he'll go to prison. Nice favor you did for the wife and kids there dude.
Frankie the Fly | Nov 21, 2009 9:05 am | 1 replies | Request removal

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Re: Sad consequence
yokels? terrorists? Most of us gave up name calling prior to graduating high school. paranoid? You may want to read your rant over again.....
b b | Nov 25, 2009 10:16 am | Request removal
Dead Burglar
This burglar got what he had coming. Does anyone know if this gentleman has the means for legal representation? If not, does anyone know if a legal defense fund has been set up for him?
b b | Nov 25, 2009 9:58 am | 0 replies | Request removal

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Crime here in rural Sno County
I totally understand the frustration by Keira.
Our home at Warm Beach was Burglarized by Tulalip members a year ago last may. Neighbors and passer bys interrupted the 4 thieves and gave chase for miles while calling 911 on their cell phones. Still the felons got away, of course, as the nearest Sheriff was 30 minutes away. The van they used was identified later and the ringleader was ID'd and arrested. So far, nothing has been returned of our property including all of my wife's jewelry consisting of Grandmother's rings and the like. The burglar even armed himself with a weapon, and had a felony conviction for assault previous. None of the three accomplices were charged and we just received the snohomish County prosecutor's message that the Burglar was sentenced to 30 days...that's right 30 days and has to pay some ridiculous low restitution to the insurance company. Unbelievable!!!
In rural King County, Sheriff Rahr has put those citizens on notice that home burglaries won't even be assigned a detective unless there was more than $10,000 worth of items stolen or some sort of life threat was presented.
In case you have been stuck in a cave for 2 years, guns are selling like hot cakes, tons of citizens are taking advanced shooting courses as people are sick of the criminals being coddled by the lazy lawyers and judges that strike deals to get the losers back on the streets.
According to the media, this homeowner invested in calling 911 after catching the knucklehead not once but twice stealing or attempting to steal and arm himself with his neighborhood still at risk, needless to say he got no returns on that investment and apparently believed he was on his own to protect his and possibly his neighbor's property.
Is it really surprising someone has been killed surrounding a home burglary?
Those of you quick to condemn the shooter because of your beliefs about guns or lack of appreciation for personal property may want provide a safer environment for these monsters by ending your comments with your home address, thereby greatly reducing the risks of their being shot.

les davis | Nov 23, 2009 8:31 pm | 0 replies | Request removal

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(No heading)
Thank you Michelle Ochoa for a well written post.

Our thought and prayers are with the Earhart's and what has turned out to be a series of unfortunate events.

JONNA DICKISON | Nov 23, 2009 1:44 pm | 0 replies | Request removal

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on Thief's Death
Michelle Ochoa writes:
We have known this man over the last couple years, and for the time we have known him he has been a kind and gentle, proactive person defending children and finding resources in the community for children. Always when we have seen him he is helping someone. He has promoted the well being of many children, behind the scenes in this community, asking very little for himself. He deserves the best support system and defense available. The judicial system has a responsibility to evaluate on logical merit and the higher purpose of the laws, are they serving the community? His life work with children should continue, and a felony charge would prevent that. It would be a shame to the community to harm the heart of such a kind man.
Just wa;lk in the shoes of another man for a minute, What would you really have done, had you just been confronted with someone violating the sacred security of your home and family. Now if you were in the same situation, knowing of the possible violence your family and neighbors may be subject to with a person who has no regard for your family. Keira's character is that of a Protector. he followed all the legal steps necessary, that he could and must have been under extreme distress, realizing the individual was still violating his environment. With the revolving door of criminals allowed to violate human rights with minor punishment, when does a person have the right to say no, stop. I know that Earhart did not intend in shooting or harming the thief, but just to stop him. There's got to be more facts in this case that warrant a Strong defense in his favor. He's just too good of a person to be persecuted for defending the community and his family. It’s just not in his character not to be compassionate to “all” people. It must have been an accident.
He has lead the talking circle, He has learned and shared his life with and of others. He is humble. He has fostered community and culture, and children. He should continue. He will need to become whole again. He will always carry this in his heart. He is an Honorable person. He is suffering and full of sorrow for what has occurred, we would expect that. We are sorrowful with him. Our hearts go out to the family of Rzechula. We are sorrowful you must suffer this loss. He will carry on in many hearts, and may he have a safe journey to the Great Spirit.

Michelle Ochoa


Can you Honestly Judge?
Pray don't find fault with the man who
limps or stumbles along the road
Unless you have worn the shoes he wears
or struggled beneath his load
There may be tacks in his shoes that hurt
though hidden from view;
Or the burden he bears placed on your back
might cause you to stumble too.
Don't sneer at the man who is down today
unless you have felt the blow
That caused his fall or felt the shame
that only the fallen know.
You may be strong, but still the blows that
were his; if dealt to you
At the self-same way at the very same time
may cause you to stagger too.
Don't be too harsh with the man you think sins
or pelt him with words or stones;
Unless you are sure, yes doubly sure;
that you have no sins of your own.


RCW 9A.32.050
Murder in the second degree.
(1) A person is guilty of murder in the second degree when:

(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or

(b) He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030(1)(c), and, in the course of and in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision (1)(b) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

(2) Murder in the second degree is a class A felony.
[2003 c 3 § 2; 1975-'76 2nd ex.s. c 38 § 4; 1975 1st ex.s. c 260 §9A.32.050 .]


Murder 2 , please bold the sections iii and iv because , if he knew the burglar was stealing guns, and was in the process of obtaining his, he and everyone are in imminent danger. And he must have believed he was likely to conduct or engage in conduct likely in death…for god sakes he was stealing a gun.
Again, I must say that breaking into someone’s home and/or stealing is not a theft of property, it is a theft of spirit, of security, of safety for your family. It is our great-full duty to protect these of those we love. (Everyone)

I do not believe Keira attempted to cause death to anyone.

I listened to a young child’s prayer today, they said” I pray that what is right is the truth. I pray the court will see the truth.”

Michelle Ochoa

Michelle Ochoa | Nov 23, 2009 12:01 pm | 0 replies | Request removal

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(No heading)
His problem was that he chased the guy off the property, and that he shot him in the back.

The criminal returning to the property means the castle doctrine is in play. Washington is not specifically a Castle state, but the USSC has recognized that it does apply in home (property) and self defense within your home.

If he'd shot him on the property or in his home, he'd have a fairly good argument for it being legal - and not manslaughter - given that the trespasser had robbed him previously and was known to the homeowner.

They're probably going to have a hard time convicting him anyway.

Dan James | Nov 22, 2009 11:59 pm | 0 replies | Request removal

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Typical case of Prosecutors ignoring the constitution... this is getting old & needs to end.
.
It's as simple as that people. But, of course that is total bull, as it takes a JURY, not a frikin prosecutor to make that ultimate decision.

This is a typical case which Prosecutors fling in the media, to scare the rest of us from defending our property.

These cases can not be won. Our constitution makes it perfectly clear we have the right to defend life AND property. Prosecutors will use this "fear" as a means to get you to "plea" for a lesser sentence.

Don't do it. NO JURY in this county will convict you & the prosecutor knows this ---that is why they offer lesser sentences. Don't accept them. GO TO JURY TRIAL... no jury will convict you of using your constitutional right.

Once found innocent... you can then sue to get back legal fee's, among other financial woes, by that same jury system. God Bless our forefathers!

cme everett | Nov 21, 2009 3:42 am | 1 replies | Request removal

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Re: Typical case of Prosecutors ignoring the constitution... this is getting old & needs to end.
Unfortunately the main mistake he made was shooting the criminal OUTSIDE the house. If he had been inside the home when he was shot the homeowner would not be in as much trouble. Yes, it is frustrating when your house is robbed over and over (Friends of my parents had a house robbed in rural Snohomish, and my parent as well), but chasing the guy down and shooting him was not within "Protecting your home and family".
Denise Hilker | Nov 22, 2009 4:05 pm | Request removal
wake up call to all thieves
you can place blame where you want....but the fact of the mater is, If Ryan wasn't there stealing this mans hard earned possessions none of this would have ever happened. I think that all people who knowingly go out to break the law should realize that this may be the outcome of your stupidity. Sure, it is very sad what happened, but as far as I'm concerned, anyone who goes onto someone else's property with the intention of doing something they know is illegal they better think twice about this tragedy and decide if, whatever they are after, is worth paying the ultimate price.
Mark Dance | Nov 22, 2009 2:47 pm | 0 replies | Request removal

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Manslaughter or Murder?
Manslaughter or Murder?
Why is an Everett cop shooting a drunk guy in the back at point blank range EIGHT TIMES called manslaughter or even worse doing his duty? Why is an untrained citizen shooting a thief in the back twice (from a distance) called 2nd degree murder? Seems to me the cops charges should get upped to 1st degree and his bail should be 5 million. The guy should be charged with manslaughter, what he did was wrong. What do those EPD officers have to say about this case?


Ditto!

DiGGer Don | Nov 22, 2009 11:57 am | 0 replies | Request removal

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