Posts tagged: murder
A man sentenced to death for his role in the brutal slaying of two women in a Spokane Valley trailer in 1996 has won another look at his case from a federal appeals court, though at least one judge said it's unlikely that review will change his fate.
Dwayne Anthony Woods is being held at Washington State Penitentiary in Walla Walla following his 1997 conviction on two counts of first-degree aggravated murder in the bludgeoning deaths of Telisha Shaver and Jade Moore, along with raping Moore. A jury, made up of nine women and three men, sentenced Woods to death after two days of deliberations.
During the penalty phase of the trial, Woods told his attorneys not to offer evidence of mitigating circumstances that could have prevented him from receiving a capital sentence. After prosecutors made their case, Woods told the jury he did not object to his own execution, according to court documents.
“So I ask that each of you go back and return a vote to impose the death penalty,” Woods said in court, according to transcripts. “Thank you.”
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A trio of appellate court judges have upheld the 2012 murder conviction of Julio J. Davila in the beating death of John G. “Jack” Allen Jr. during an apparent robbery in 2007, despite concerns about the incompetence of a DNA technician handling the case.
Jeramie R. Davis was convicted and spent nearly seven years in prison for his alleged role in the porn shop robbery. But investigators asked for a second look at DNA evidence found at the crime scene, a pornography shop on East Sprague Avenue. Traces of Davila's DNA on the murder weapon, a baseball bat, lead to his arrest, conviction and sentencing in a subsequent trial. Davis was set free shortly after the conviction, as prosecutors could not prove he ever swung the murder weapon.
Davila appealed his conviction, saying prosecutors did not turn over evidence of incompetence on the part of Washington State Patrol crime lab technician Denise Olson. The now-fired lab worker was described as a “loose cannon whose work cannot be trusted,” according to an internal WSP review of her work released through a public records request. During a court hearing evaluating Olson's work and how it might have affected the case, a coworker detailed an incident in which Olson looked for semen stains on clothing when the suspect was a woman.
Attorneys for Davila argued his conviction should be overturned because prosecutors knew about Olson's shoddy work at the time of trial, but didn't reveal her record to the defense team, which could have used it to question the believability of the state's evidence. The U.S. Supreme Court's opinion in Brady v. Maryland (1963) requires prosecutors to turn over all evidence that might be used to impeach their witnesses to defense attorneys.
In the opinion delivered by the court, Third Division Appellate Judge Robert Lawrence-Berrey wrote prosecutors erred when they did not turn over the WSP reports, but such evidence likely wouldn't have led to a different trial outcome for Davila. He cited extensive testimony at trial that indicated how the DNA evidence was collected, and that there was no reason to suspect Olson contaminated evidence in this particular case, despite her history of incompetence.
“While evidence of Ms. Olson's incompetence could have been used for impeachment purposes, it was not material to the accuracy of Ms. Olson's work in this case,” Lawrence-Berrey wrote.
Davila is serving what remains of his 16-and-a-half year sentence at Washington State Penitentiary in Walla Walla. Davis pleaded guilty to a second-degree robbery charge, was given credit for time served and released.
Teenagers Kenan Adams-Kinard and Demetruis Glenn are now scheduled to go before a jury in November for their alleged roles in the August 2013 slaying of 88-year-old World War II veteran Delbert Belton.
Judge Annette Plese delayed the court date in a ruling handed down last month. The teens, now both 17, face murder and robbery charges after their fingerprints were discovered on Belton's car, where he was found severely beaten in the parking lot of an ice rink Aug. 21. Plese signed an order indicating review of investigative materials and negotiations between defense attorneys and prosecutors were ongoing in the case, which made national headlines late last summer.
Adams-Kinard and Glenn have been in custody since their separate arrests a few days after Belton's death. Glenn turned himself in to authorities after surveillance video surfaced of the two teens entering nearby businesses around the time of the alleged beating. Adams-Kinard was apprehended in a basement apartment a few days later, where authorities found a letter they tied to the teen that alleged the beating took place after Belton stiffed Adams-Kinard on a drug deal.
Friends and family of Belton have vehemently denied he dealt drugs.
The order Plese signed calls for the teens to be tried as adults in a juvenile courtroom. It is the third delay in the case. Prior to Plese's order, the jury trial was scheduled to begin today.
A Spokane judge denied a suspected gang member's request to throw out the murder and assault charges against him following a deadly shooting at a Monroe Street music venue in September.
Carlos Fuentes, 25, asked the court to dismiss the first-degree murder and 12 drive-by shooting charges against him stemming from the shooting death of Julian Morrison, 26, at The Hop! late on the evening of Sept. 8. Investigators say the shooting, which took place in the parking lot behind the club, was likely the result of an ongoing gang feud exacerbated by the no-show of a popular rap artist club-goers thought was scheduled to appear.
Judge Ellen Clark ruled Thursday morning police had provided enough evidence to show Fuentes “was involved in some kind of incident or confrontation with the deceased,” despite witness statements indicating Kalen Bedford, 23, also arrested in connection with the homicide, was the only one who fired on Morrison. Fuentes' attorney, Robert Cossey, argued in a filing last month the only evidence against his client was hearsay and investigators could not prove he fired at people milling in the parking lot as he was driven from the scene.
As a result of Clark's ruling, Fuentes remains in custody in lieu of $1 million bond. A trial in the case is tentatively scheduled to begin next month.
One of the men accused of murder in the shooting death of Julian Morrison, 26, outside a Spokane music venue in September says prosecutors don't have enough evidence to try him.
Carlos Fuentes, 25, filed a motion through his attorney last week asking a judge to throw out the first-degree murder and 12 drive-by shooting charges that have kept him in jail since Sept. 12. Three days earlier, investigators say Fuentes acted with Kalen Bedford, 23, in an altercation outside The Hop! at 706 N. Monroe St. that left Morrison dead of multiple gunshot wounds.
Spokane Police have said the shooting was likely gang-related. An unnamed witness in court documents said they saw Fuentes bump into Morrison inside the venue, where most visitors anticipated an appearance from a popular rap artist who didn't show. The two exchanged statements of their gang affiliations, according to the witness. Several minutes later Morrison, Fuentes and Bedford stood in a rear parking lot where Bedford opened fire on Morrison multiple times, according to witness statements.
Fuentes' defense attorney, Robert Cossey, argues in a motion to dismiss the entirety of the evidence against his client is “hearsay from unidentified individuals.” Additionally, he said, the witnesses provided no statements that directly linked Fuentes to the slaying or multiple gunshots fired from a vehicle he and Bedford allegedly left the club in after the shooting.
A hearing in the matter is tentatively scheduled for Nov. 7. Fuentes and Bedford remain in jail on the charges.
The 19-year-old Spokane man suspected in a June fatal shooting has been implicated in a series of computer armed robberies originating on Craigslist and dating back to March.
Issiah Schauman appeared in Spokane County Superior Court on Friday facing two counts of first-degree robbery for his involvement in separate incidents at area parks where thieves posing as prospective buyers of Apple products brandished guns and made off with the loot. The appearance came several weeks after Schauman appeared on first-degree murder charges in the shooting death of Fabian McBride, 27, on June 12.
According to court records, Schauman was involved in an armed robbery taking place less than 24 hours before police say he shot and killed McBride then sped off, eventually turning himself over to authorities in Pierce County two weeks later. Schauman initiated the June 11 robbery in Liberty Park because he didn’t have money, according to an unnamed police informant. He pulled a .45 semiautomatic pistol on the female victim while another suspect, Michael Garner, snatched the woman’s Macbook laptop and ran.
Schauman was also involved in a March robbery at the same park, according to court records. He was not present for a May robbery that took place at Franklin Park, which involved Garner and Curtis Cyrus, also arrested for his role in the three burglaries.
According to Jenny Ludwig, an apartment manager where McBride lived, the spat that ended in the June shooting began when McBride accused Schauman of burglarizing a home McBride was watching for a friend.
The state requested $100,000 bond for the two robbery counts Schauman faces. He remains in Spokane County Jail awaiting an expected murder trial date of Oct. 7.
Investigators discovered fingerprints linking two teenagers to an 88-year-old World War II veteran murdered two weeks ago.
Police say Demetruis Glenn and Kenan Adams-Kinard, both 16, beat Delbert “Shorty” Belton to death Aug. 22 while he sat in his car, according to an affidavit. Investigators found Glenn’s prints on the exterior read driver’s side door and the interior of the rear driver’s side passenger door. Adams-Kinard’s prints were on the exterior driver’s door and the interior of the rear driver’s side passenger door.
Belton’s body was found wedged between the front bucket seats, with his lower body from the neck down folded into the back seat area, according to the affidavit.
Friends said Belton was in his car near the Eagles Lodge, waiting to meet a friend for a game of pool. Adams-Kinard claimed in a letter that the teens were planning to meet him there to purchase crack cocaine, but Belton “tried ripping them off.”
Glenn and Adams-Kinard will appear for an arraignment on Sept. 12 at 3:30 p.m. Both face charges of first-degree murder and two charges of first-degree robbery.
Twelve-year-old Marshal Starbuck was called to testify about the death of his mom and what he remembers about the actions of Clay Starbuck on the day Marshal’s life got turned upside down.
Day two of the first-degree murder trial of Clay D. Starbuck also featured photos from the crime scene. The jury for the first time saw how the killer placed 42-year-old Chanin D. Starbuck in a sexually suggestive position.
Based on a brief 911 call on Dec. 1, 2011, investigators believe someone killed the Chanin Starbuck on that day.
Clay Starbuck, who called Crime Check to check on his ex-wife on Dec. 2, told investigators that he texted his ex-wife to take their youngest three children to school after his balky 1988 Toyota Tercel broke down on Dec. 1.
Steinmetz asked 12-year-old Marshal about that day, and he relayed the same story as his father.
He said Chanin Starbuck took them to school that day “because our dad was driving around the golf course to warm it up because it has some problems,” Marshal said. “It always broke down. Honestly, it was a really bad car.”
Murder suspect Jonathan Ritchey appeared in court again on Thursday afternoon with an additional charge of kidnapping.
Both the state and prosecutor reserved on changing Ritchey's release terms, so his bond remained the same at $100,000, Judge James Triplet said.
His charges now match his uncle, Gary L. Stoddard, who was arrested earlier this week for the murder and kidnapping of victim Heather Cassel.
Cassel's body was fond early Monday morning after witnesses said they heard a woman screaming and gun shots at an apartment complex near Spokane Falls Community College.
Ritchey will appear in court for his arraignment on March 26th at 11:30 a.m.
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.
Detectives search murder suspect Daniel Arteaga's home at 19329 E. Valleyway Ave., in Spokane Valley on Tuesday. (SRPhoto/Meghann Cuniff)
Detectives found a newspaper containing murder victim Kim Schmidt's obituary when they searched the truck of her suspected killer recently.
Daniel R. Arteaga, 40, had the obituary in his GMC truck, along with .45 caliber handgun in a fanny back, cartridges and magazines, DVDs and a notebook and earrings.
Detectives seized those items Aug. 7 after Arteaga was arrested for first-degree murder. They also seized nearly 100 items from his home at 19329 E. Valleyway in Spokane Valley.
Among the times found at Arteaga's home were notebooks and at least 29 firearms, including shotguns, rifles and pistols. Arteaga has a concealed weapons permit.
He remains in jail on $1 million bond for first-degree murder. He's accused of killing Schmidt, who was found dead of a gunshot wound to her head at her home in north Spokane on Jan. 1.
Arteaga has been married for about 22 years and told detectives his wife of 22 years didn't know he'd been having an affair with Schmidt for about 6 1/2 years.
Detectives believe Schmidt's desire to end their relationship and the money he owed her may have been a factor in her murder. Schmidt and Arteaga also were named in two lawsuits, and Schmidt had told Arteaga she was romantically involved with another man.
A convicted killer who left prison in 2008 is headed back there after a jury in southwest Idaho convicted him of assaulting a family member with a large knife.
Donald Leonard Houser, 39, was living in Plummer in 1995 when he shot his former girlfriend, Angela LeSarte, to death in front of Bobbie's Bar in Plummer.
LeSarte's father is former longtime Coeur d’Alene Tribal Chairman Bernard LeSarte. She was the mother of four children.
Houser was sentenced to 15 years in prison in February 1996 for second-degree murder and possession of a firearm during a crime of violence. He began his five-year probation period on Oct. 30, 2008, and worked part-time on a ranch in Washington County and at a hardware store in Weiser, according to the U.S. Attorney's Office. He started working full-time as a self-employed mechanic in November 2010.
Houser was arrested on Aug. 22 for aggravated assault. He was sentenced in April to two to three years in state prison. He was sentenced today to two years in federal prison for violating his probation on the murder conviction. One year of his federal sentence will run concurrent to the state sentence, the other will run consecutive, according to the U.S. Attorney's Office.
A former scuba diving instructor arrested for murder dated the victim for years and was described by her friends as violent and controlling, according to information released Wednesday.
Daniel R. Arteaga, 40, remains in the Spokane County Jail on $1 million bond after appearing before Superior Court Judge Annette Plese Wednesday on a first-degree murder charge.
Artega must surrender his passport should he post bond. Deputy Prosecutor Gayle Ervin described him as an “international traveler” whose trips which include excursions to the Caribbean and Fiji.
Detectives search murder suspect Daniel Arteaga's home at 19329 E. Valleyway Ave., in Spokane Valley on Tuesday. (SRPhoto/Meghann Cuniff)
A Spokane diving instructor romantically linked to a woman who was found shot to death on New Year’s Day has been arrested as a suspect in her murder.
Daniel R. Arteaga, 40, was arrested at the Public Safety Building Tuesday after voluntarily reporting there for an interview. He is expected to appear in Spokane County Superior Court Wednesday afternoon via video from the jail, where he is booked on a first-degree murder charge for the shooting death of Kimberly Schmidt.
The woman convicted of killing a Spokane man in December has been sentenced to 18 ½ years in prison.
Melinda R. Barrera, 32, was convicted last month of killing Robert A. Nelson following a bizarre altercation where Barrera was struck in the face with a cell phone and her boyfriend struck Nelson with a baseball bat.
The same jury acquitted 22-year-old David C. McLaughlin of killing or assaulting Nelson but found that Barrera was guilty of second-degree murder after she admitted firing the shot that killed Nelson.
Superior Court Judge Tari Eitzen sentenced Barrera to a total of 224 months in prison with credit for 239 days already served in the Spokane County Jail.
McLaughlin was sentenced recently to a year in prison for felony drug possession.
A Spokane County judge on Wednesday postponed the sentencing of a man convicted almost exclusively on DNA evidence after defense attorneys learned that tests identifying their client as the killer had been done by a crime lab technician who later was fired.
The technician’s work was so deficient that a co-worker described it as a “nightmare,” and an internal report said it could “not be trusted.”
A Stevens County judge on Tuesday sentenced a convicted gun thief to 125 years in prison — a term that’s about 100 years longer than the sentences handed down to three others for a murder committed using one of the stolen guns.
Superior Court Judge Pat Monasmith sentenced convicted felon Christopher G. Nichols, 27, to 125 years in prison, despite the fact that he had no role in the 2011 killing of Colville resident Gordon Feist.
Nichols wept, Stevens County Prosecutor Tim Rasmussen said.
A mentally ill man accused of murdering his pregnant girlfriend choked his cellmate unconscious at the Spokane County Jail Friday, police say.
Robbie W. Bishop. 22, faces a second-degree assault charge for attacking Terry Ingram, Jr., 33, who is in jail on a $1,000 District Court warrant, according to jail records.
Ingram told deputies that Bishop challenged him to a fight about 12:20 a.m. and said, “I'm going to kill you” before choking him unconscious.
A corrections deputy said he heard someone yelling “guard” and went to the cell, where Ingram said “He tried to kill me; get me out of here! Bishop choked me and I sh*t my pants!”
The deputy said Bishop said, “Yeah, I choked him out.” The men were removed from the cell.
Bishop has been in custody since July 2009 for the stabbing death of 33-year-old Robin M. Anderson, who was pregnant with Bishop’s child.
Bishop had been in jail before the murder but was released because Eastern State Hospital officials said they didn’t have room for him.
The body of Dustin Gilman is placed in the medical examiner’s van after it was discovered on property along the Little Spokane River on Feb. 13. A Spokane police officer who worked to track Gilman will be honored with the Chief's Citation Award. (SRphoto/Colin Mulvany)
A Spokane police officer is being honored for his work in the hours after a mother and her two children were found murdered in February.
Officer Jerry Anderson will receive the Chief's Citation Award for helping secure a federal search warrant that led police to the location of triple killer Dustin Gilman, police announced Thursday in their monthly newsletter.
Anderson and his colleagues were trying to find Gilman, 22, after Tracy Ader, 32, and her two sons, Damien, 10, and Kadin, 8, were found strangled in their home at 4411 N. Whitehouse St. on Friday, Feb. 10.
Anderson worked through the night and into the next day trying to find Gilman. He learned by the middle of the morning on Feb. 11 that U.S. Marshal's Service has superior equipment for tracking cell phone signals.
Anderson was not familiar with federal search warrants and had never been trained to write one, but he worked with federal agents over the next 22 hours to secure the warrants. His work led police to Gilman's body on Monday, Feb. 13. Gilman had shot himself to death.
“Many officers were outstanding during this investigation, but despite having to take on procedures that he had never seen before, Officer Anderson did not rest until he had done everything he could do to bring justice to a shattered family,” Interim Police Chief Scott Stephens wrote.
Anderson is to receive a plaque at the Spokane Police Department's awards ceremony in 2013.
Though the killer is dead, the investigation into the murders is ongoing, Detective Jeff Barrington said Thursday. Barrington said he's awaiting lab tests.
A judge on Thursday granted the request for a new trial of a man convicted four years ago of the 2007 beating death of an adult bookstore owner in Spokane following the conviction two weeks ago of another man for the same crime.