A Centralia man was charged in Lewis County Superior Court Monday with felony harassment, threat to kill, and third-degree theft after reportedly stealing items from the Dollar Tree in Chehalis and telling an employee he would kill her.
Justin Dubay, 30, was seen by an employee Sunday opening a package of an electronic charger, according to charging documents filed in Lewis County Superior Court. The employee also saw a red speaker, which was also merchandise, in his back packet, and she confronted him but he walked off, according to the documents. Dubay did not pay for either item.
The employee stated that after the confrontation, Dubay “swore at her” and said, “I’ll come back when you are closing and kill you,” the affidavit of probable cause stated. He then left the store, leaving the employee frightened.
A Chehalis officer found Dubay following a dispatch to the store on Louisiana Avenue and texted a photo to another officer, who showed it to the victim. She positively identified Dubay as the person who shoplifted and threatened her, according to the documents.
Bail was set at $10,000 during Dubay’s preliminary hearing by Judge Andrew Toynbee, who sided with the defense’s request for no more than $10,000 following the prosecutor’s ask for $25,000 bail. Defense Attorney Rachael Tiller claimed that Dubay was unable to post bond and that he understands the standard conditions, which entailed no contact with any witnesses, including entering the Dollar Tree.
“I think the state’s request is justified, but knowing Mr. Dubay’s circumstances, $10,000 might as well be $25,000 or even $50,000. It’s still high bail considering Mr. Dubay’s financial means,” Toynbee said.
Felony harassment with threat to kill is a class C felony, which carries a maximum punishment of five years imprisonment and a $10,000 fine. Theft in the third degree is a gross misdemeanor with a maximum punishment of 364 days in prison and a $5,000 fine.
Dubay has two prior convictions for felony harassment with threat to kill. The first was as a juvenile in 2011, and the second was in 2018 after he washed out of mental health court, according to court documents. He also has a conviction for assault in the fourth degree in 2016 and custodial assault as a juvenile in 2012.
Dubay’s next court appearance is scheduled for July 10 for arraignment.
