Posts tagged: Attempted murder
A judge has declared a mistrial in the case against a Spokane Valley man who was facing up to 50 years in prison following an attack on his ex-girlfriend and his former best friend.
Superior Court Judge Jerome Leveque declared the mistrial Wednesday after a witness offered testimony that the defense said was a surprise.
The witness said defendant Don R. Davis, 29, admitted possessing a gun that investigators said was used in a drive-by shooting as part of the case.
Defense attorney Rob Cossey objected because that information had not been presented to him by the witness or by Deputy Prosecutor Gayle Ervin in preparation for the trial.
“It was completely out of the blue. It was out of the witness’s mouth before I could do anything,” Cossey said. “I asked for a mistrial and the judge granted it.”
Davis is expected to plead guilty to some of the charges on April 6.
“We think we can reach a resolution,” Cossey said, “but it doesn’t include the attempted murder charges.”
Ervin had charged Davis with 10 criminal charges, including two counts of attempted first-degree murder, following a series of events that began on Oct. 4, 2009, with wild vehicle chase on Interstate 90 that included several collisions as Davis attempted to force his former best friend, Clayton Cooper, off the roadway, according to court testimony.
Davis was also charged with breaking into an apartment and stealing a shotgun that witnesses said was used in a drive-by shooting. Just minutes after that event, deputies conducted a search warrant and found the stolen gun in the trunk of the car Davis was driving, according to court testimony.
If convicted of all charges, Davis faced as much as 411 months in prison plus about 200 months for the weapons charges.
The criminal trial began Tuesday in a case the prosecution presented as an angry, drug-induced ex-lover threatening both his former girlfriend and his former best friend.
Don R. Davis, 29, faces a total of 10 charges, including first-degree burglary, drive-by shooting and violation of a no-contact order, in a trial being argued in front of Superior Court Judge Jerome Leveque.
Deputy Spokane County Prosecutor Gayle Ervin told the jury that Davis disapproved of the new relationship between his former girlfriend, Nicole Allen, and his former best friend, Clayton Cooper.
The dispute culminated on Oct. 4, 2009, when Davis confronted the couple as they tried to leave Cooper’s home.
A Spokane man accused of trying to kill another man during a dispute over a cat’s mess said the shooting was in self defense.
Alan D. Kintner, 55, told sheriff’s deputies he shot Steven W. MCormick in self defense, according to court documents.
Kintner remains jailed on $100,000 bond after appearing before Judge Michael Price Tuesday on a second-degree attempted murder charge.
Kintner was arrested Saturday after witnesses said he shot Steven W. McCormick at least twice during a fight over McCormick’s cat at 9519 W. Seven Mile Road.
Kevin Maynor, who lives nearby on the property and witnessed the shooting, told police he heard Kintner “say he could probably kill Steven and get away with it.”
McCormick was shot in the stomach with a .22 caliber semi-automatic rifle and remained at Holy Family Hospital Tuesday, where his condition was not available.
Kintner told deputies he was an expert marksman in the Marine and that “he only shot Steven because he had attacked him,” according to court documents. Kintner said “that Steven got too close to o he shot him in the stomach to sop him, and if he wanted to kill Steven he would have shot him in the head.”
A north Spokane man is facing an attempted murder charge after an argument over feline cleanliness led to gunfire that sent a roommate to the hospital, authorities said.
Alan D. Kintner, 55, is due in Spokane County Superior Court this afternoon via video from the jail, where he was booked late Saturday after deputies took him into custody at his home in the 9500 block of Seven Mile Road.
The victim, described by sheriff's officials only as a 44-year-old man, reportedly was in stable condition after being rushed to a Spokane hospital by another roommate. Deputies were dispatched to the scene about 9:15 p.m.
According to the Sheriff's Office, the roommates were watching television when a dispute arose over Kintner's cats “making messes in the bathroom.” Kintner and one of his roommates began wrestling and kicking at each other.
Kintner left the house after getting pinned on his back but returned with a .22-caliber rifle and opened fire, the Sheriff's Office said.
The victim, despite having a bullet wound to his stomach, charged the gunman and knocked the rifle away.
OLYMPIA, Wash. (AP) — Gov. Chris Gregoire has blocked the release of an Iowa man convicted of nearly killing a Richland police officer 28 years ago, her office announced Friday.
The governor signed the order Thursday night canceling the parole release of Jerry Dean Lain (pictured in 1982 and in 2010). He had been scheduled for release Monday by order of Washington’s Indeterminate Sentence Review Board.
”It is rare for a governor to exercise this power,” Gregoire said in a statement. “But I reviewed the case and concluded there is an unacceptable level of risk to public safety here that called for me to act.”
The governor has the authority to overrule the board, but it’s not known when it was last used.
“We don’t think it’s been used in at least 30 years, if ever,” said Gregoire spokeswoman Karina Shagren.
Former Richland officer Mike Fitzpatrick had asked Gregoire to intervene. Fitzpatrick was stabbed seven times and shot in the face and abdomen in 1982 after he approached Lain, he was seen prowling cars.
Lain was convicted of assault and has been in prison ever since.
If he had been released, he was to go to Iowa, where he was wanted on violating parole for a stabbing in a bar fight.
Rowlanda Cawthon, a spokeswoman for the state Department of Corrections, said that Lain would have been released to a “work release center/halfway house” in Sioux City.
In her order, Gregoire noted that Lain has had more than 20 infractions while in prison, including threatening staff.
While he hadn’t been cited for any problems since 2004, Gregoire wrote that she was concerned by a 2009 risk evaluation that found Lain was placed in a group “at a high risk of recidivism for both general and violent crimes in the range of medium to high risk.”
“I am particularly concerned that the potential for violence would be escalated in any future contact with law enforcement officers that could lead to revocation of his parole release,” she said.
Gregoire wrote that while Lain, 53, has made “creditable gains” during his time in prison, including educational courses, anger management classes and vocational experience, “I conclude that his rehabilitation is not complete and he is not a fit subject for release from prison.”
A Deer Park man was acquitted Thursday of allegations that he’d kidnapped his wife and her new lover and tried to throw them off a bridge.
A jury of seven men and five women found David E. Epley (pictured) not guilty of two counts of attempted first-degree murder and two counts of first-degree kidnapping for the May 12, 2009, incident.
“I think it was grossly overcharged,” said Epley’s lawyer, Gloria Ochoa. “At most what (prosecutors) had was maybe an assault, but it was not first-degree premeditated attempted murder.”
Spokane County Deputy Prosecutor Kyle Treece declined comment. The jury deliberated for about a day.
Breaking up may be hard to do, but a Deer Park man is facing substantial time in prison for the way investigators say he ended the relationship with his wife: by trying to throw her new lover off the Wandermere Bridge.
Trial started Wednesday for David E. Epley, 37, who faces two counts of attempted first-degree murder and first-degree kidnapping in connection with a confrontation on May 12, 2009.
Attorneys presented opening statements that offered very different views of what happened on the darkened bridge that night.
Spokane County Deputy Prosecutor Kyle Treece described a man who hid in his wife’s car for hours as she shared a drink with her guitar instructor at Cinola’s Restaurant, at 147179 N. Newport Highway.
A domestic dispute between two cemetery owners erupted in gunfire Sunday in Moses Lake, the Grant County Sheriff’s Office announced today.
Mark L. Benson, 55, is charged with attempted first-degree murder after his wife, Susan L. Benson, said he fired several rounds, striking her left shoulder, as she fled in her car.
Susan Benson, also 55, remains hospitalized today with a non-life threatening gunshot wound, according to the Sheriff’s Office. She called 911 about 6:30 p.m. Sunday and said she was fleeing her husband after being shot and was going to drive herself to Samaritan Hospital, the Sheriff’s Office said.
She’d been working at the Moses Lake Cemetery, which the couple owns, when Mark Benson arrived and wanted to talk about their pending divorce and whether their marriage could be saved, according to the Sheriff’s Office.
Susan Benson said she left the cemetery, located about eight miles east of Moses Lake on Road 2, without saying anything but was followed by Mark Benson, who fired several shots.
Mark Benson called 911 and advised of his location. He was arrested without incident and remains in the Grant County Jail.
A Spokane man faces life in prison under the state’s 3 strikes law after a jury convicted him in connection with a July 2009 shooting that injured two women.
Jurors were split on attempted murder and first-degree assault charges against Timothy “Stoney Boy” Lucious by Spokane County prosecutors, citing questions over whether another man may have fired shots at the women.
But the jury foreman said all 12 believed Lucious had banged on the car window and threatened the women with a gun, justifying a second-degree assault conviction.
Superior Court Judge Annette Plese ordered Lucious, 39, held without bail until sentencing on Oct. 14.
Described as a gang member by Spokane police, Lucious already has convictions for two violent crimes.
Under state law, Thursday’s conviction earns him a sentence of life in prison without the possibility of parole.
Public defender Steven Reich said prosecutors “grossly overcharged” Lucious and said while he’s pleased jurors wouldn’t convict on the murder charges, the outcome is the same for Lucious under the 3-strikes law.
A Spokane man facing life in prison for a July 2009 shooting may be wrongly accused, his lawyer told jurors during closing arguments Wednesday .
Police halted their investigation into the shooter’s identity after the alleged victims identified Timothy “Stoney Boy” Lucious (right) as the gunman, said public defender Steven Reich.
Nearly a year after the shooting, authorities learned that another man - possibly armed with a .45 handgun - was with the women. But the group had lied about Antonio E. Cook’s presence because his probation prohibited from being out after 10 p.m. and “they would have continued to lie had it not been discovered,” Reich said.
“They haven’t earned your trust,” Reich told jurors.
Reich suggested that Cook fired, likely on accident, the shots that injured Donna M. Dansby and Zsaja J. Branch.
Deputy Prosecutor Mark Cipolla said Reich may wish a .45 was present during the shooting, but the evidence just doesn’t support that claim.
Jurors are to continue deliberations this morning. Lucious is charged with six counts of attempted murder; first-degree assault is included as an alternative charge.
His defense focuses on what Reich said is a shaky case built on testimony from women who may be protecting the real shooter.
Though most witnesses said Cook (left) did not have a gun, one said he did, and Reich said it was likely the others were lying to protect Cook. He pointed to what Branch told doctors at the hospital - that she’d been shot with a .45.
“How would she know?” Reich said.
Police have said Lucious used a 9 mm handgun in the shooting.
Cipolla said in his rebuttal that if Branch had rally been shot in the chest with a .45 “she would have been split in half.”
Superior Court Judge Annette Plese sustained Reich’s objection because no experts ever testified about the impact of a .45.
Reich told jurors that Cook has been convicted of crimes that contest his character, including witness tampering and theft. He reminded jurors that Cook was forced to testify, despite Lucious allegedly trying to kill Branch, who is the mother of Cook’s daughter. He also pointed out that Cook fled the shooting scene despite Branch being rushed to a hospital with life-threatening injuries.
Cipolla said the facts of the case speak for themselves.
“This man right here used a gun on a car full of women for no apparent reason,” Cipolla said.
The jury deliberated for about an hour Wednesday afternoon and will be back at the courthouse at 9 a.m. today.
If convicted of attempted murder or the lesser charge, first-degree assault, Lucious will be sentenced to life in prison without parole because he already has two violent crime convictions.
Jurors are not allowed to know his possible punishment, but Reich emphasized that “any decision you make will have a a longstanding impact on Mr. Lucious.”
A codefendant, Michael R. Gardner, pleaded guilty to third-degree assault in January and was credited for time served.
Spokane County Deputy Prosecutor Mark Cipolla expects to wrap up his case against Timothy “Stoney Boy” Lucious today after testimony from four or five witnesses, including a man authorities apparently didn’t know was connected to the July 2009 shooting until a few months ago.
Antonio E. Cook, Jr., 29, (left) was with a group of women when they drove to meet another group for a fight early July 24 to settle a dispute that began at a north side bar. Two of the women testified Monday that they’d brought Cook along for “protection” during the fight.
But the women hadn’t told investigators about Cook until long after Lucious’ arrest, according to court testimony. Lucious’ lawyer, Steve Reich, said repeatedly that Cook was known to carry a .45 handgun.
Lucious, who already has two convictions for violent crimes under the state’s three strikes law, faces six counts of attempted first-degree murder and one count of drive-by shooting for the shooting on July 24, 2009. First-degree assault is listed as an alternative charge. The trial opened Monday before a jury of eight women and five men (one juror is an alternate). As is customary, jurors are not allowed to know Lucious’ possible punishment.
Lucious (right, in 2009) wore black slacks, black shoes and a white pine striped shirt with buzzed hair and a beard and mustache.
Witnesses included alleged attempted-murder victim, 18-year-old Ebony Branch, who said she didn’t tell police about Cook, the father of her sister’s baby, because Cook was prohibited from being out after 10 p.m. by the state Department of Corrections.
Reich said Branch didn’t tell him that during an interview in March, either.
Branch said she didn’t tell investigators until “a couple of months ago” but denied conspiring with the other women to hide Cook’s involvement.
Testimony from Branch and another alleged victim, Donna M. Dansby, portrayed a wild fight between several women that led to a showdown in a park on the lower South Hill, near 7th and Newark.
Dansby testified that she removed her heeled shoes and used them as weapons while charging a woman who later grabbed a butcher knife after spitting a razor blade from her mouth. Dansby and her friends then traveled from the bar to an after party, where they met the women again and agreed to meet at the park for a fight.
When they arrived at the park, Lucious was there with a gun, Branch said. Lucious fired several shots at the car as they drove away, Branch testified, then was still there with the gun when they realized they’d forgotten Zsaja J. Branch, Ebony’s older sister.
They turned around to picked her up, and Zsaja was shot by Lucious as she ran to the car, Ebony Branch testified.
Branch was shot in the chest and survived, though police initially considered the wound life threatening, according to court documents. Dansby was shot in the arm during the melee but testified that she doesn’t remember how it happened.
A Spokane gang member facing life in prison for a shooting that injured two women in July 2009 is to stand trial this week in Superior Court.
Timothy “Stoney Boy” Lucious, who already has two convictions for violent crimes under the state’s three-strikes law, faces six counts of attempted murder for the shooting on July 24, 2009. First-degree assault is listed as an alternative charge.
Spokane County Deputy mark Cipolla filed four additional attempted-murder charges against Lucious in February after the suspect turned down a plea deal, according to court documents. (Details on the proposed deal are not available.)
Lucious now stands accused of attempting to murder Donna M. Dansby, Zsaja J. Branch, Marquetta M. Scales, Summer R. Abrahamson, Amber C. Branch and Ebony V. Branch. Zsaja Branch suffered a gunshot wound to her chest, Dansby was shot in her left arm.
The melee began when the women were at the now closed Lefty’s Steak and Sports and a woman “was yelling to Dansby something about Spokane girls all being bitches,” then continued to the area of 7th and Newark, when Lucious allegedly showed up with a gun, according to court documents. A co-defendant, Michael R. Gardner, pleaded guilty to third-degree assault for his role in the incident.
A jury of 12 Spokane County resident was to be selected by Friday. Opening statements are to begin this morning.
A judge allowed Lucious to act as his own lawyer in May, but he changed his mind a couple weeks later and Steve Reich was reappointed. Lucious’ Aug. 10 request for a new public defender was denied.
Superior Court Judge Annette Plese is presiding over the trial.
The last of four men charged with attempted murder for a shooting at Hoopfest has been transported to the Spokane County Jail.
Marquis D. Johnson, 21, (right) appeared in Superior Court today on two counts of conspiracy to commit first-degree murder, 10 counts of attempted first-degree murder and one count of riot after arriving in Spokane from the Benton County Jail on Thursday.
Johnson was being held on a probation violation after he was arrested at Hoopfest on June 26. He’d only been out of prison since June 6 after serving about three years for a gun-related assault conviction.
Prosecutors allege Johnson was with Miguel C. Garcia, 19; Adam Doe, 19; and Rashjel C. “Reggie” Cage, 23, when Garcia fired a gun at least three times, injuring three bystanders.
Witnesses said Cage passed the gun to Garcia, who fired it and passed it to Doe, who was arrested at gunpoint after trying to flee the scene, police said.
Johnson was identified “as being present at the time of the shooting in close proximity to Cage and Garcia,” according to court documents. “They were both actively involved in the argument before and after the shooting.”
Kalen J. Bedford, who was arrested the day of the shooting on a misdemeanor disorderly conduct charge, apparently was targeted by the gunfire - he is listed as the intended victim in a fist-degree attempted murder charge.
Five of the 10 alleged attempted-murder victims are identified only as Jane or John Doe. First-degree assault is included as a an alternative charge in each case.
Defense attorneys told a judge last week that prosecutors don’t have a legal basis for the charges, but Deputy Spokane County Prosecutor Steve Garvin said the “theory” of his office is quite straightforward: “When you point a gun at someone … what other intent do you have but to cause their death?”
Defense attorney David Partovi, who is representing Garcia, said after last week’s hearing that under Garvin’s theory, prosecutors should have charged former Spokane police Officer Jay Olsen with attempted murder in connection with his shooting of Shonto Pete on Feb. 26, 2007.
Read more here.
Four men arrested after a shooting at Hoopfest each have been charged with 12 murder-related felonies.
Miguel C. Garcia, 19; Adam Doe, 19; Marquis D. Johnson, 21 (right); and Rashjel C. “Reggie” Cage, 23, (left) all are in custody.
Garcia, Doe and Cage appeared in Superior Court Wednesday afternoon via video from Spokane County Jail; Johnson is in the Benton County Jail in Kennewick.
The men are charged with two counts of conspiracy to commit first-degree murder, 10 counts of attempted first-degree murder and single counts of riot and unlawful possession of a firearm.
First-degree assault and conspiracy to commit first-degree assault are included as alternative charges.
Read the rest of my story here.
A Grant County teen faces five felony charges, including attempted murder, after police saw he fired shots at a Washington Department of Fish and Wildlife police captain Saturday.
Jose J. Garcia-Meraze (left) is charged with unlawful imprisonment for the incident at Crab Creek near Beverly after “he basically disarmed a Fish and Wildlife agent at gunpoint,” said John Turley, Grant County undersheriff.
The 18-year-old also is charged with second-degree assault, attempting to elude and alien in possession of a firearm, Turley said. His father, 60-year-old Nicolas Garcia-Godinez (right), is jailed on a second-degree assault charge for allegedly pulling a knife on another officer.
U.S. Immigration and Customs Enforcement has placed holds on both men.
Garcia-Meraze, was fishing without a license at Crab Creek when he pulled a gun on an approaching officer and fled in a car, police reports said. The teen allegedly turn around and drove toward the officer’s marked police vehicle, firing shots and penetrating the driver’s side door with one round. An officer returned fire after the teen attempted to shoot at him a second time, police said.
Garcia-Meraze was arrested after his car stalled on state Route 28 near Ephrata, police said. Both men are in Grant County Jail.
A 36-year-old Los Angeles man accused of a shooting in Spokane has been charged with attempted murder.
Andrew T. Burns is to be arraigned on the charge this afternoon in Superior Court. He was arrested on a first-degree assault charge June 3 after allegedly shooting Kenneth R. Grooms, 40, in a confrontation down the block from Grooms’ home near East Mallon Avenue and North Madelia Street.
Burns is a suspect in ongoing crack cocaine investigation. He was arrested in February in connection with the probe but has not been charged.
Here’s one to cross off your list of upcoming spectacles: the Timothy “Stoney Boy” Lucious attempted-murder trial.
Lucious, who faces life in prison under the three-strikes law, recently backed out on a plan to act as his own attorney after representing himself for about two weeks.
Lucious’ pro se request was approved May 20 after he described himself as “the only one with an undivided loyalty to the defense of these charges.”
Superior Court Judge Ellen Kalama Clark reappointed Lucious’ his public defender, Steven Reich, on Friday at Lucious’s request, and the trial was pushed back from June 24 to Aug. 2 to allow Reich to make up for lost time.
A Spokane man accused of trying to run two men over with his car last fall left the state to attend his cousin’s funeral in the Long Beach/ Compton area of California.
But Cedric E. Burton, 23, wasn’t allowed to leave the county, and he never sought permission to do so.
Now he’s back in Spokane County Jail after being arrested in Los Angeles County.
His public defender, Mark Hannibal, said Thursday that Burton had a round-trip plane ticket that would have put him back in Spokane in time for his next court appearance on attempted murder charges.
“It was a family-type emergency,” Hannibal said.
A warrant was issued for Burton’s arrest after his girlfriend told police he’d assaulted her and threatened to take their young daughter to California.
Prosecutors said that violated Burton’s release condition on the attempted murder charges from last fall.
Judge Ellen Kalama Clark, saying she was “real concerned about Mr. Burton’s behavior,” increased Burton’s bail on two counts of bail jumping from 10,000 to $30,000. She also increased his bail on the attempted murder charges to $200,000 from $100,000. That’s in addition to a new harassment charged filed today that includes a $100,000 bond.
Deputy Prosecutor Eugene Cruz, sitting in for Mark Cipolla, had requested $1.5 million bail. Shortly after Clark rejected that request, prosecutors filed an additional charge against Burton relating to an alleged violation connected to a 2008 case. He’ll be back in court on that charge, along with the new harassment charge, today.
Hannibal said prosecutors “overcharged” Burton for the alleged incident last fall.
“I’m a little bit surprised that the state’s charged that as two count of first-degree attempted murder,” he said.
Court documents show police investigated the incident as a second-degree assault case.
A second suspect, Charles Willy Jackson, still is wanted. Crime Stoppers is offering a reward for tips that lead to his arrest.
Police say Burton, who has convictions for drug dealing and second-degree assault, is a gang member and was present at a party in January in which John S. Williams was shot to death, according to court documents related to theongoing investigation. Burton’s previous conviction for second-degree assault stems from a fatal gang shooting in 2005. The list of defendants in that case includes at least four men involved in the ongoing Williams murder investigation.
A Spokane gangster facing life in prison for a shooting last summer is now representing himself.
Timothy L. “Stoney Boy” Lucious, 39, (right) will act as his own lawyer at his trial, which is set to begin June 24.
Lucious is charged with six counts of attempted first-degree murder for a July 24 shooting that injured two women after a cross-town melee.
“I am the only one in my case who cares enough about justice to go to the levels that need to be gone to, to show my innocence,” Lucious wrote in a motion filed May 17. “…It is my belief that I am the only one with an undivided loyalty to the defense of these charges.”
Superior Court Judge Ellen Kalama Clark approved Lucious’s request this morning and ordered Lucious’ public defender, Steven Reich, to provide his case materials.
Clark rejected Lucious’ request to push back his trial and re-interview witnesses, but Lucious was to participate in two new witness interviews with Deputy Prosecutor Mark Cipolla after the hearing.
The convicted felon faces life in prison under Washington’s three-strikes law.
A witness in criminal cases against two reputed Spokane gangsters hasn’t been staying in contact with court officials, and Crime Stoppers is offering a reward for tips that help arrest her.
Summer R. Abrahamson, 32, is to testify in the upcoming attempted-murder trial of Timothy Lucious, who faces life in prison under the three-strikes law for a shooting last summer.
Abrahamson also is the alleged victim in a first-degree robbery and second-degree assault case against Antono E. Cook, Jr., 29.
Cook is accused of punching Abrahamson and stealing a knife Sept. 6 in a fight over a sexually suggestive text message, according to court documents. Cook also is charged with illegally possessing the gun used in the Jan 17 murder of John S. Williams.
In Lucious’s case, Abrahamson was with a group of women when a fight that began at a bar festered at a party, then erupted on the other side of the city with two women shot and another punched unconscious. Lucious is the alleged shooter.
Prosecutors want Abrahamson jailed to assure her presence at trial.
“Based on her numerous unfavorable contacts with law enforcement and the courts, it is doubtful she would voluntarily appear for trial,” according to court documents.
Abrahamson has previous convictions for robbery, drugs, assault and malicious mischief.
A $100,000 material witness warrant was issued April 23. Crime Stoppers offered a reward for tips on her location this week.
Anyone with information is asked to call 1-800-222-TIPS, or submit tips online here.