Posts tagged: Brian Cole
A serial bank robber and protected federal witness has been sentenced to 41 years in prison for the 1992 murder of a Spokane Valley furniture store owner.
Patrick Kevin Gibson, 60, was convicted of first-degree murder of the Nov. 7, 1992, shooting death of Brian Cole, 48, at Cole's Furniture Store on East Sprague Avenue in July after a bench trial before Superior Court Judge Tari Eitzen.
Cole was killed during a botched robbery after the gunman said he was willing to hurt Cole's wife, who was in a scooter and witnessed the murder.
The crime went unsolved for 19 years before DNA from a fake beard left at the crime scene prompted detectives to arrest Gibson, who served 12 years in federal prison for a string of bank robberies that began in 1992.
He enrolled in the federal witness protection program after helping authorities convict his former cellmate of murdering a mother and her two children in Iowa in the early 1990s. That man, Dustin Honken, is now on federal death row.
Gibson also was convicted of robbing convenience stores and raping clerks in the late 1970s, about the same time he was shot in the face by a law enforcement official during a chase in Utah.
Gibson testified a partner in his bank robberies must have reused the beard, but Eitzen concluded he was the killer and had also robbed a children's store in Coeur d'Alene hours before the murder.
The trial began in May but was delayed when prosecutors learned “America’s Most Wanted” used the hat worn by the killer when re-enacting the murder in a 1993 episode. The trial resumed after authorities tested DNA samples from host John Walsh, a retired sheriff's detective and the actor who played the killer, Spokane County native Trevor St. John.
Eitzen sentenced Gibson on Friday to 493 months in prison. His lawyers have appealed his conviction.
In the end, Patrick Kevin Gibson's bravado as a professional bank robbery didn't exactly contribute to his defense in the 1992 murder of a Spokane Valley furniture store owner.
Spokane County Superior Court Judge Tari Etizen said he appeared to be bragging about his exploits and gave more detail than necessary when he testified at his murder trial last week.
Gibson, 60, also didn't sway Etizen with his claims that the robbery at Cole's Furniture store that ended with the shooting death of Brian Cole was sloppy and likely done by someone other than the man who robbed a children's store in Coeur d'Alene three hours earlier.
Gibson suggested during testimony last week that the robbers were perhaps partners but initiated the heists separately - Eitzen rebuked that theory Thursday when she convicted him of Cole's murder and said the killer was the same man who robbed Teresa and Steve Brenner's store in Coeur d'Alene.
He also theorized that a man named Tim whom he'd hired to assist in bank robberies in Oregon and California in the early 1990s reused a disguise from one of the robberies to commit the Cole's Furniture Store robbery.
Gibson said Tim was one of two men secured a storage facility for him in the Portland area where he disguises and a police scanner to be used in the robberies. He also stored there a bank directory and a mailing list of all the police department sin the United States. He said he used the material to research potential small-town banks to rob. Gibson said he didn't know Tim's last name and Tim did not know his identity.
Gibson described the Cole robbery as “completely inept.”
“The store is supposed to be closed at 5 pm., so this was a spur of the moment crime,” Gibson said. “Both crimes, it's probably the only furniture store and kid's clothing sore that's ever been robbed in either town.”
Gibson described the “personnel” he hired out of Portland, Ore. to assist in the robberies.
“I used a total of eight males and four females for the operation, but only five of the males were involved in the bank robberies themselves. The other people were only involved in obtaining cars or acting as props so that I could stay in that town. Sometimes I had to stay right in the town. There was no way to get out.”
Gibson also described his involvement in the federal witness protection program, which occurred after he shared a federal prison cell with Iowa methamphetamine dealer Dustin Honken and told authorities that Honken had bragged about getting way with the murder of two confidential informants, a mother and her two young daughters. Honken is now on fedearl death row. Gibson said he became a protected witness in 1999.
“They do investigating for a year. Polygraph tests. It's very strenuous. You can't get into the witness protection program unless they verify you're telling the truth,” he said.
Gibson said he would tell the truth if he had killed Cole. He pointed to the fact that he's been diagnosed with stage 2 prostate cancer.
“I know I'm gong to die from cancer,” Gibson said. “I've almost always pled guilty to everything I have done. If I did this crime, I would give the Cole family some closure. I would admit to it and I would give them closure, because they need closure.”
On cross-examination, Gibson told Deputy Prosecutor Tony Hazel he “learned his lesson” about robbing small places after he robbed a Taco's John's in Portland and a gas station in Carterville, Nevada. (He and his partner also raped two clerks.) Gibson said he only targeted bank in towns with no law enforcement presence whatsoever. Coeur d'Alene had a police department so it “wouldn't qualify,” Gibson said.
Hazel pointed out that Gibson had been laid off just before Cole was murdered and was angry at society. He'd only started planning bank robberies and didn't successful rob one until December 1992. Before then, he'd only targeted small stores like gas stations.
Gibson said he wasn't proud of the robberies but he made about $840,000 in cash and more than $1 million in traveler's checks that he destroyed.
“The FBI said I was one of the most successful bank robbers going, sophisticated bank robbers operating at that time, but I regret it,” Gibson said.
After Eitzen convicted him Wednesday of first-degree murder, as the now convicted killer walked down the third floor hallways of the Spokane County Courthouse, a reporter asked him: “Patrick, did you do it?”
“No I did not,” Gibson replied. “Do I look 5-8?”
Cole's wife, Michele Cole, had described the killer as being about 5-foot-8 or 5-foot-9. She said she recognized a scar on Gibson's face when she saw a picture of him in 2011. That scar is from being shot by a sheriff's deputy in Utah in 1998. The bullet went though Gibson's face.er it c
Gibson was arrested last year after his DNA was found on a piece of beard worn by Cole's killer.
His bench trial began in May but was delayed after prosecutors learned “America's Most Wanted” host John Walsh and a TV actor handled the killer's actual hat in a 1993 reenactment of the Cole murder.
Authorities obtained DNA samples from Walsh, actor Trevor St. John and tried sheriff's Detective Mark Henderson and compared it to the hat. Doing so helped forensic analysts determine that the chance of the DNA on the hat not belonging to Gibson was one in 10 million.
Patrick Kevin Gibson made big money robbing banks. A dozen gunpoint heists in the 1990s netted him $850,000.
He was a professional robber who didn’t need to bother with a small-time holdup at a furniture store, claims the attorney representing him in a murder trial.
Gibson, 60, was arrested in Western Washington last year in connection with the 1992 killing of Spokane Valley furniture store owner Brian Cole. The arrest came under unusual circumstances: Gibson had stopped to complain to a police officer about a speeding motorcycle.
In what longtime Spokane County court officials described as riveting testimony, accused killer Patrick Kevin Gibson described Thursday his years as a big-time bank robber who earned about $850,000 before heading to federal prison.
Gibson's 12-year prison sentence led him to the federal witness protection program after he ratted out cellmate Dustin Honken, an Iowa methamphetamine dealer who bragged to Gibson about getting away with the murder of a mother and her two daughters. Honken is now on federal death row. His girlfriend, Angela Johnson, also was sentenced to death for the crimes but her sentence was overturned on appeal.
Gibson, arrested last year after DNA evidence on the killer's beard was linked to him, discussed Thursday taking polygraph tests to be part of a member of the secretive program. He denied murdering Spokane Valley furniture store owner Brian Cole on Nov. 7, 1992 - saying essentially that he was a professional robber who wouldn't mess with such a sloppy heist at a place with little cash. He suggested that a partner in his bank robberies might have committed the crime using a disguise from past bank heists.
Gibson said if he killed Cole, he would confess. But prosecutors pointed out that the bank robberies began after Cole's murder, and that Gibson also robbed convenience stores in Oregon. He also did so not just for the money but for the thrill, according to testimony.
Gibson, a level 3 sex offender, is charged with first-degree murder. He made the unusual decision to have his case heard by a judge instead of a jury. Superior Court Judge Tari Etizen is to hear closing arguments on Monday.
The trial began in late May but was delayed when prosecutors discovered at the last minute that America's Most Wanted host John Walsh and a TV actor handled the actual hat worn by the killer during a taping of the show in 1993.
Police obtained a sample of Walsh's DNA, as well as the actor and the detective who handled the hat, and submitted it to the state crime lab for testing.
When a man now charged in the 1992 shooting death of a Spokane Valley businessman left prison in the last few years, his brother attended a community meeting defending him.
Patrick Kevin Gibson's neighbors had been notified of his status as a level 3 sex offender, and Michael Gibson was trying to explain his past crimes and justify his presence in the community.
Michael Gibson told sheriff's detectives he specifically asked his brother if he'd ever killed someone “and Patrick said he had not,” according to a police report.
“Patrick did tell Michael that he was the mastermind of everything he had done and had always acted alone,” the report says. Michael told detectives that his brother liked to flash his money around and may have been attracted to the excitement of robberies.
Patrick Gibson, 60, (pictured) has pleaded not guilty to first-degree murder. His trial was temporarily halted Monday because of the last-minute discovery by prosecutors that “America's Most Wanted” host John Walsh and an actor had handled the killer's hat after it was left at the scene.
Detectives say Michael was emotional in May 2011 when he learned his brother had been arrested for the nearly 20-year-old homicide.
“His first response was that he would never see Patrick again and that he had placed his own reputation on the line to help Patrick,” according to the report.
Michael said he went to bat for Patrick with concerned neighbors and said he told him if he messed up again, he'd be the first to turn him in, police wrote. Gibson has spent most of adult life in prison.
In August 1978, he fired shots at a Utah highway patrolmen who tried to stop him for a traffic violation as he drove with his wife and her two children.
In November, he and another inmate escaped from jail, stole a car and traveled to Nevada, where he and an accomplice robbed and raped two convenience store clerks. Gibson was arrested three days later near Vancouver B.C.
He was sentenced to 20 years in prison in May 1979 but paroled in March 1992, about seven months before Cole was murdered.
Police say Gibson worked at a phone company in Stanwood, Wash., as a voice and data man but traveled frequently without his probation officer's permission. He's believed to have committed robberies in Oregon that same year.
The robberies are similar to gunpoint attacks at a clothing store in Coeur d'Alene and Cole's murder, both which occurred on Nov. 7, 1992.
While prosecutors believe Gibson himself got away with murder for nearly 20 years, Gibson says he's partly responsible for helping convict a major drug lord who nearly got away with the murder of five people in Iowa in 1993, including two girls, ages 6 and 10.
The situation led Gibson to become a member of the federal government's witness protection program and resulted in death sentences for Dustin Lee Honken, 44, (pictured in 2005 by the Associated Press) and Honken's girlfriend, Angela Johnson, 48, though Johnson's sentence was overturned on appeal because of ineffective counsel.
Gibson told Spokane County sheriff's Detective Michael Drapaeu he shared a prison cell with Honken when Honken bragged about killing government witnesses and executing a family that included children.
“I decided to do the right thing,” Gibson told Drapaeu, according to court records. “I just tried to make amends for my past wrongs.”
It's unclear how exactly Gibson assisted in the case, but media reports say authorities placed an experienced jailhouse informant, Robert McNees, in a cell with Johnson who was able to obtain a map of of the grave sites.
A jury recommended Honken be sentenced to death after a lengthy trial in Sioux City, Iowa, in 2004. News reports at the time say the bodies of his five victims, which included two girls, ages 6 and 10, were found in late 2000 after Johnson drew a map and gave it a jailhouse informant.
Honken, who Iowa news reports say introduced methamphetamine to the state in the early 1990s, already was serving a 27-year sentence for drug trafficking when the bodies were discovered. Gibson was serving a 12-year sentence for bank robbery.
Gibson told Drapeau he would need to be isolated at the jail because he is a protected witness. Drapeau said he informed the jail of that, according to court documents.
Spokane County Superior Court Judge Tari Eitzen said today that her misunderstanding of how DNA evidence was handled led her to initially make the wrong decision about whether it can be used in a murder suspect's trial.
Eitzen originally was going to prohibit prosecutors from mentioning the presence of DNA from “America's Most Wanted” host John Walsh (pictured right) and actor Trevor St. John unless defense lawyers opened the door for the testimony by questioning the DNA profile of the hat.
But she made that decision under the erroneous belief that the DNA sample from the hat that was tested in 2004 was taken before Walsh and St. John handled the hat. That wasn't the case.
She reversed her decision Thursday, prompting John Whaley, defense lawyer for suspect Patrick Kevin Gibson (pictured left), to file a motion asking her to reconsider, which she denied to do today.
Gibson is charged with first-degree murder for the Nov. 7,1992, shooting death of Valley furniture store owner Brian Cole.
Eitzen today delayed the rest of the trial until July 10 to allow for lawyers to prepare for the newly discovered DNA evidence from Walsh, St. John, and the detective who handled the case. Read much more here.
Eitzen spoke candidly today about her original lack of understanding.
“I just got it wrong,” she said.
“This isn't about retesting the hat,” she said. “It's about for the first time getting the DNA profiles of others who touched it. I did not understand that sequence the first time I rule on this issue.”
“Those profiles are in evidence and I'm going to be really curious what the experts say,” she continued.
She said Whaley's motion implied that she did understand and simply changed her mind.
“I appreciate Mr. Whaley's kindness in thinking I did understand what was going on that day. Because I did not,” she said.
“And that happens,” Eitzen continued. “And courts have to be able to say 'we mad mistake' and reverse themselves. Because it happens everyday. We reverse ourselves on evidentiary rulings every day.”
She said the issue does not warrant a mistrial.
“There has been no prosecutorial misconduct,” she said. “No ineffective assistance of counsel…I don't want to over speak, but these counsels are on the top end of prepared and diligent for criminal cases that I've tried.”
Investigators believe a sex offender on trial for the 1992 murder of a Spokane Valley furniture store owner robbed a children's apparel store at gunpoint three hours before the fatal shooting.
A judge has heard testimony from Steve and Teresa Benner, who owned the Kid's Fair clothing store in the Sunset Mall in Coeur d'Alene.
The store was robbed at gunpoint Nov. 7, 1992, about 5 p.m. The couple's two children, ages five and two, were present. The robber ordered employee Kathy Ward to handcuff Steve Benner, then handcuff herself to Benner. He stole their money and credit cards and left.
The Benners told police at the time that he was wearing a fake beard and a black baseball hat that said “Solid Gold.” That hat and a piece of the beard was found at the scene of the murder and robbery at Cole's Furniture Store in Spokane Valley, which occurred about 8 p.m. on Nov. 7, 1992.
Store owner Brian Cole was fatally shot when he tried to overpower the robber after the robber said he might harm Cole's wife, who uses a scooter.
Spokane County detectives submitted that beard for DNA testing in late 2010, and it matched a DNA sample from Patrick K. Gibson, who was arrested in May 2011. The Benners identified him from a photo montage as the man who robbed their store.
Gibson's bench trial resumes today before Spokane County Superior Court Judge Tari Eitzen.
Gibson's extensive criminal history includes convictions for rape and robbery in Multnomah County, Ore., in 1979, as well as kidnapping in Nevada in 1978. He was convicted of bank robbery in federal court in California in 1996 and served 12 years in prison.
Spokane County prosecutors are proceeding with the first-degree murder trial of Patrick K. Gibson, who is charged with the 1992 slaying of a Spokane Valley business man, even as they wait for more evidence.
Testimony entered its third day Thursday in the state's case against Gibson. Prosecutors allege that Gibson robbed Brian Cole at gunpoint on Nov. 7, 1992, and indicated that he would hurt Cole's wife.
Cole reportedly jumped the robber, who then shot him twice in the head. One of those same bullets also pierced his lung. He died 90 minutes later on an operating table.
The crime remained unsolved for 19 years until Spokane County Sheriff's Detective Lyle Johnston tested a fake beard used in the robbery for DNA evidence and a match came back to Gibson, 60, who has convictions for similar crimes in other states.
But the case may have to be put on hold as prosecutors wait for the Washington State Patrol Crime Laboratory to finish testing another piece of evidence that recently was submitted. Jack Driscoll, the chief criminal deputy prosecutor, would not identify what was sent for testing.
Defense attorneys Victoria Blumhorst and John Whaley complained to Superior Court Judge Tari Eitzen that they have a DNA expert waiting in California but don't yet know the nature of the evidence that the expert will be asked to challenge.
“I've never done a case where we are waiting for evidence as we are taking testimony,” Eitzen told the attorneys. “I advise the state to rush the crime lab along with that evidence.”
Trial began Tuesday for a career criminal sex offender linked to a 1992 Spokane homicide by DNA on a fake beard.
Patrick K. Gibson, 60, is charged with first-degree murder for the shooting death of Brian Cole, 48, of Nov. 7, 1992, during a robbery at Cole’s Traditions in Oak, a furniture store on East Sprague in Spokane Valley.
The case was featured on “America's Most Wanted” in 1993, but the investigation went cold until detectives in the last few years re-tested evidence and Gibson's DNA was found on the beard, which was left at the murder scene.
Gibson, a level 3 sex offender living in Stanwood, Wash., was arrested in May 2011.
Records show he was convicted of rape and robbery in Multnomah County, Ore., in 1979 after robbing a Portland restaurant, forcing a waitress into his car and raping her at a rest stop. He also was convicted in federal court in Nevada of kidnapping, aiding and abetting and conspiracy to kidnap. He also was convicted in Douglas County, Nev., of robbery after holding up a gas station in 1978, kidnapping a 17-year-old boy and a 19-year-old woman, then sexually assaulting the woman and leaving both tied up.
He served prison time, then was convicted in 1996 of bank robbery and aiding and abetting in federal court in the Eastern District of California. He was sentenced to 12 years in prison.
According to previously published reports, on the night of Cole's homicide in 1992, police allege Gibson entered the store about 8 p.m. and demanded money, then became angry when he was told they didn't have any cash.
Cole asked the armed assailant if he would harm a handicapped woman, referring to his wife, who used a scooter due to multiple sclerosis. The man replied he “just might,” the sheriff’s office said.
In an apparent attempt to protect his wife, Cole tried to overpower Gibson, authorities said, who fired three shots, hitting Cole in head and chest.
Gibson chose a bench trial instead of a jury trial, meaning Superior Court Judge Tari Eitzen will hear the case against him and decide whether there's enough to convict. Testimony began Tuesday.
A longtime felon and convicted armed robber is back in Spokane on a first-degree murder charge for the 1992 shooting death of a furniture store owner.
Patrick K. Gibson, who will be 59 in a week, did not contest the $1 million bond request from prosecutors today in Spokane County Superior Court, which Judge Michael Price granted.
Gibson was booked into Spokane County Jail Tuesday at 3:24 p.m. after he was arrested May 4 at his home in Stanwood, Wash., where he was registered as a level 3 sex offender.
Gibson has convictions in Oregon, Nevada and California for kidnapping, rape, robbery and bank robbery.
DNA from a fake beard worn during the Nov. 7, 1992., robbery and shooting at Cole’s Traditions in Oak connected him to the crime.
Prosecutors have sealed the probable cause affidavit that supports a first-degree murder charge against Gibson. Gibson is to be arraigned May 24.
After nearly two decades, Spokane County sheriff’s detectives solved a case that had long gone cold: the shooting death of a Spokane Valley business owner that shocked the community.
Patrick Kevin Gibson, 58, was arrested for first-degree murder about 6:50 a.m. Wednesday in Stanwood, Wash. in connection with the slaying of Brian Cole, then 48, who owned Cole’s Traditions in Oak, a furniture store on East Sprague Avenue.
DNA linked Gibson to the Nov. 7, 1992, shooting; he will be transported to Spokane sometime in the next week, according to the sheriff’s office.
“Detectives worked the case extensively,” Sheriff’s spokesman Sgt. Dave Reagan said of the slaying, which was featured on “America’s Most Wanted” in January 1993. “Still, no suspect was developed.”