Posts tagged: murder
A 20-year-old woman originally charged with a death penalty eligible crime for the brutal murder of a Spokane man faces 6 1/2 to 8 1/2 years in prison if she follows a plea agreement approved today.
Breeanna C. Sims (pictured left) is to testify at the trial of accused killer Taylor J. Wolf (pictured right), which is scheduled to begin Aug. 20.
Sims, who was involved in a home-invasion robbery with her mother in 2009, pleaded guilty today to first-degree kidnapping with a firearm. Her plea agreement is sealed and hinges on her future testimony.
Spokane County Superior Court Judge Sam Cozza today approved the plea deal negotiated by Deputy Prosecutor Mark Cipolla and Deputy Public Defender Tom Trageser. Sims backed out of a potential plea in May.
Sims' brother, Justice E.D. Sims (pictured left), was sentenced in March to about 33 years in prison for first-degree murder and kidnapping.
Detectives say Wolf made incriminating statements to Britney Bjork, girlfriend of jailed Hells Angel Ricky Jenks, just after his arrest in April, leading them to charge her with conspiracy to commit perjury, rendering criminal assistance and arson. Bjork is scheduled to begin trial Sept. 4.
Detectives say Wolf told Bjork he was going to shoot Thoreson but “I couldn’t do it, so me and Justice did it together,” according to court documents, which cite recorded jailhouse phone conversations. “But we had gloves on and stuff.”
All three suspects were charged with aggravated first-degree murder. The charge is eligible for the death penalty, but prosecutors said from the beginning they would not be seeking that.
Justice Sims is serving his sentence at Washington State Penitentiary in Walla Walla. Breeanna Sims will stay at the Spokane County Jail without bail. Her sentencing has not yet been scheduled as prosecutors await Wolf's trial.
Thoreson's family and friends attended Sims plea hearing today, including his girlfriend and toddler son.
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.
A member of a Spokane family that claims police target them because of their relation to a notorious double murderer is heading to federal prison, and his lawyer says his parents' “victim mentality” is partially to blame.
Jayce Leon Elton Pirtle, Jr., 24, was sentenced to 10 years in prison for being a felon in possession of a firearm.
Pirtle is the nephew of Blake Pirtle, who murdered two Burger King employees in Spokane Valley in 1992. Blake Pirtle's death sentence was overturned after a judge ruled law enforcement violated his civil rights during his arrest.
The Pirtles said in 2009 that police unfairly target them because of that case. They vowed to move out of Spokane. Spokane police spokeswoman Officer Jennifer DeRuwe says the family has a “propensity for crime” that earns law enforcement attention.
Pirtle's lawyer, Roger Peven, said Pirtle's parents' insistence that they have been unfairly targeted has not helped their son.
“The combination of parental neglect, abuse, enabling and perpetuating a victim mentality clearly has been devastating to this twenty-four-year-old's development,” Peven wrote.
Pirtle, a father with a girlfriend of seven years, had a troubled childhood that included reporting to authorities his father nearly killing his mother when he was just nine-years-old, according to a sentencing memorandum prepared by his lawyer, Roger Peven.
Pirtle's father went to prison, but, Peven wrote, it's clear “that the abuse and neglect continued throughout Mr. Pirtle's youth.” Pirtle later hid stolen property and a firearm with his father in 2005, Peven wrote.
“The public is better served by addressing the neglect and violence that this young man was subjected to so that Mr. Pirtle has a better chance of being a better parent and functioning member of society,” Peven wrote. “It is clear that Mr. Pirtle is in need of some counseling or treatment to address the family issues he has encountered over the course of his life in order to get a grip on himself, be a functioning member of society, and be a parent to his children.”
Pirtle was indicted in November for a handgun, two rifles and 175 rounds of ammunition found in his apartment at 1808 E. Pacific Ave. on July 8, 2011.
The guns were stolen in a burglary.
Pirtle was arrested the day of the search on a second-degree assault charge for an alleged baseball bat beating that left a man with a permanent lip disfigurement in May 2011. He still is charged with second-degree assault in Spokane County Superior Court. He has previous convictions for second-degree assault and second-degree kidnapping.
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.
Federal prosecutors want jurors in an upcoming gun trial to know about the suspect's gang membership and the gun's link to a 2010 murder in northeast Spokane.
Edward Lee “TD” Thomas, 26, is charged with being a felon in possession of a firearm for a Ruger mini 30 rifle found in a Nissan Altima rental car near the body of John S. Williams, 38, who was shot to death on Jan. 17, 2010, outside a party at 5405 N. Cresline St.
The gun had Thomas' fingerprints on it. He was arrested in Los Angeles in September 2010 on a second-degree murder charge and is in Spokane County Jail awaiting trial. Spokane County prosecutors dismissed the murder charge but will refile once Thomas' federal gun charge is resolved.
Trial on the gun charge is set to begin July 23 in U.S. District Court in downtown Spokane.
The U.S. Attorney's Office has filed a motion asking that jurors be allowed to hear testimony about the shooting. Thomas' lawyer, Bryan Whitaker, has objected and points to the fact that Thomas hasn't even been convicted of murder.
“The logic here is flawless: since John Williams was shot with a firearm, Mr. Thomas could only have shot him while in possession of a firearm,” Whitaker wrote in a response to the motion. “The fallacy of this logic is that it relies completely on Mr. Thomas being the person who shot John Williams. The jury, therefore, would be invited to convict Mr. Thomas of Felon in Possession of Firearm because the Government believes he shot John Williams.”
Thomas is accused of shooting Williams multiple times, including a final shot to his face. Police and prosecutors say the shooting stemmed from a gang rivalry, and prosecutors want to experts to tell jurors about Thomas' ties to the Atlantic Drive Compton Crips.
Police say Thomas acquired the firearm after a dispute with Jerome Danner, a member of the Grape Street Crips. The groups were at a birthday party for Ronald L. “Heavy” Shuler when a fight broke out. Williams, who was linked to Danner, punched out a window to a car in which Thomas was before he was shot by Thomas, police say.
But Whitaker said the relationship between Thomas and Danner was not based on gang member but on the fact that they each have a child with the same woman.
“The acrimonious relationship between gangs has no bearing on issues in this case. The theory here is that gang membership is the motive for possessing a firearm. That logic would permit the admission of gang-related testimony in EVERY case involving a gang member,” Whitaker wrote.
U.S. District Court Judge Fred Van Sickle has not yet ruled on the motions.
Six other men were charged in connection with the homicide, including Cedric E. “Dirty” Burton, who was sentenced to five years in prison for driving Thomas from the murder. Police say Thomas went to Antonio Cook's house after the shooting and stayed there until the next day. Cook, who reportedly supplied the murder weapon, also has been charged.
The lead investigator in the 2007 beating death of an adult bookstore owner in Spokane now is questioning whether the wrong man was convicted of murder and sentenced to 40 years in prison.
Spokane Police Detective Tim Madsen, in new court documents, acknowledges that 41-year-old Jeramie R. Davis may have been telling the truth when he claimed that 74-year-old John G. “Jack” Allen already was dead on the floor when he arrived at the adult bookstore and made a series of return trips throughout the night to burglarize it.
Spokane County animal protection offers are asking for the public's help as they investigate a horrendous case of animal cruelty.
A cat had to be euthanized on Monday after SCRAPS officers found it shot in the head in a dumpster at the Viewpoint Villa Apartments, 5911 E. Woodlawn Ave., in Spokane Valley.
A woman had reported a cat screaming from the dumpster, and the apartment manager found the bleeding, injured feline inside a garbage bag wrapped in a blanket.
The cat was taken to a veterinarian and euthanized. Investigators say the cat also sustained traumatic injuries to its body.
Anyone who may have seen or heard something is asked to call (509) 477-2532 immediately. Your name and contact information will remain confidential with SCRAPS.
Three witnesses put the gun in her boyfriend’s hand either during or immediately after a Spokane man was shot last December following a bizarre altercation.
But Melinda R. Barrera, 32, admitted pulling the trigger and a jury convicted Thursday her of second-degree murder while acquitting her boyfriend of all charges.
A man convicted of trying to kill two Spokane police officers a decade ago was resentenced last week to 82 years in prison after his case was returned on appeal.
Jason A. Graham, 31, will be given credit for the nine years he has already served after he was convicted in 2003 of two counts of attempted first-degree murder, four counts of first-degree assault, second-degree assault and other property crimes.
Chief Criminal Deputy Spokane County Prosecutor Jack Driscoll said the case was returned to Superior Court Judge Maryann Moreno after the Washington Supreme Court ruled that firearm enhancements were improperly applied to Graham’s original sentence
Graham was wounded by police during a Jan. 7, 2002, during a shootout where he fired two dozen rounds from a semi-automatic assault rifle at officers following a vehicle chase in downtown Spokane. Bullets from the gun battle missed all officers and people aboard an Amtrak train and two Greyhound buses at the Intermodal Center.
Police on Wednesday arrested a convicted killer accused of trying to kill another man in a stabbing Monday night north of Coeur d’Alene.
James H. Kountz, 56, was arrested about 5:40 p.m. in the same wooded area near U.S. Highway 95 and Wilbur Avenue where he stabbed another transient, James R. Hoglen, 42, on Monday.
A convicted felon from Stevens County now faces a minimum of 123 years in prison after a jury found him guilty today of 21 felonies that were tied to the slaying last year of a Colville man.
Investigators believe was a botched burglary.The jury deliberated about three hours before finding Christopher G. Nichols, who turned 27 Thursday, guilty of nine counts of a felon in a possession of a firearm and nine counts of theft, burglary, auto theft and trafficking in stolen property in the first degree.
An assault suspect charged in connection with a murder at a Spokane motel in November has been jailed on $1 million bond after police caught him returning from an out-of-state flight.
Stafone N. “Stix” Fuentes, 27, (pictured) is prohibited from traveling out of state under conditions imposed by a judge who approved a $250,000 bail after his arrest Feb. 1. Fuentes posted that bond Feb. 29.
The Spokane gang team arrested him Thursday at the Spokane International Airport as he returned from Las Vegas on a late-night flight.
Fuentes could face life in prison without the possibility of parole if convicted of second-degree assault for a wild fight Nov. 27 fight at the Quality Inn, 110 E. Third Ave., which led to the shooting death of aspiring rapper Jose J. “Junior” Solis, 21, of Moses Lake.
Another aspiring rapper, John A. “Lil Danger” Castro, 27, (pictured) was arrested just after the homicide and remains in jail on a second-degree murder charge. Castro faces life in prison if convicted under the state's three-strikes law because of his criminal history.
Fuentes' lengthy criminal history includes two convictions for strikes: second-degree assault and first-degree robbery. He also has been convicted of unlawful possession of a firearm.
Police continue to investigate the stabbing death of a woman who was walking her dog near the Spokane River May 3 and say they have leads coming in frequently.
“They are all being followed up on by a detective,” according to an email from Major Craig Meidl of the Spokane Police Department on Friday. “We are as engaged in this investigation as we have been since day one.”
Meidl said they still are awaiting results from DNA tests at the Washington State Crime Lab. He said he doesn't know why that DNA is taking longer than John Walsh's DNA sample took to process for the Patrick Gibson murder trial, but wrote that “one would also likely have to take into account current staffing levels at the DNA testing facility, backlog of current cases, types of tests to be completed, number of tests to be completed on same DNA, number of samples total to be tested. This would just be an educated guess, as WSP has ultimate control over their schedule and how they prioritize.”
Meidl said police are intentionally not detailing all aspects of the investigation.
“We are mindful that suspects frequently watch and read the news. It would be imprudent to reveal aspects of this investigation that could potentially jeopardize the successful capture of the person involved in this,” Meidl wrote.
Sharlotte McGill, 55, died of stab wounds after she was attacked in the 1800 block of East South Riverton Avenue.
She was able to describe her attacker before she died: a black man in his 30s with a bad eye. No other details were given.
The gang team arrested two men this week in Spokane for violating their probation on violent crimes.
Christopher M. Prusch, 35, (pictured left) was booked into jail Wednesday on a Department of Corrections warrant for escape from community custody, Spokane police Officer Matt Rose said today.
His lengthy criminal history includes convictions for second-degree robbery, intimidation of a public servant and hit and run.
Later on Wednesday, the Spokane Violent Crime Gang Enforcement Team also assisted Department of Corrections officers in arresting Ismael M. Tarango, 35, of Walla Walla, for a DOC escape warrant.
Tarango (pictured right) is a convicted killer with convictions for first-degree burglary and second-degree murder from the 1990s. He also was booked into jail.
A convicted killer accused of trashing a Spokane Valley motel while celebrating he and his wife's anniversary was released from prison just 15 months ago.
Danial Caleb Peters, 38, murdered Melissa Mae Wageman, 40, on Dec. 22, 1995, after smoking crack cocaine. He told police he didn't member beating the woman to death with 4-foot pipe but awoke to find her bloody body nearby.
The circumstances are similar to what Peters' public defender, Mike Elston, said apparently happened Tuesday night at the Pheasant Hill Inn, 12415 E. Mission Ave., in Spokane Valley.
Peters “claims a drug-educed paranoid episode” led to him destroying the room he and his wife, Danielle Lea Wozniak, 27, returned to celebrate their one-year anniversary, Elston said Thursday at Peters' appearance in Spokane County Superior Court.
Wozniak told police Peters destroyed the room after they used methamphetamine.
“I want everybody to know that I'm very sorry for the drug use that I did,” Wozniak said in court Thursday.
Peters told police “that he felt people were after him” and broke a water sprinkler in an attempt to get help, according to court documents.
He said Wozniak destroyed other items like a mirrors, lamps, air conditioner and phone, but Wozniak said it was Peters. Police responded about 6 a.m. and say the duo caused hundreds of thousands of dollars in damage to the hotel, which had recently been renovated.
Water damage from the sprinklers means only 28 of the hotel’s 104 rooms usable. Peters and Wozniak were booked into jail on a felony charge of first-degree malicious mischief. They married in March, Wozniak said.
Wozniak's criminal history includes a single misdemeanor conviction two years ago. Judge Annette Plese ordered her to stay in jail unless she posts $2,500 bond.
Plese set Peters' bond at $5,000 and told him she had “really serious concerns about your criminal history.”
Peters said he has a “very good job” at a construction company that was set up through a church.
The couple was staying with Peters' mother, according to court testimony, but she told court officials they are no longer allowed there.
Peters was sentenced to 17 years in prison in February 1996, but his conviction and scores of others were overturned in 2004 because the Washington Supreme Court ruled the second-degree murder law was defective. He was re-sentenced in 2005.
Wageman met up with Peters while celebrating her 40th birthday at the Happy Time Tavern, 3506 N. Division St. She was killed at a nearby home where Peters had been staying with his his older gay lover after smoking marijuana and crack cocaine. Peters then used his lover's truck to take Wageman’s body to a friend’s house in Stevens County. Upon arrival, the friend handed Peters a phone so he could turn himself in.
Peters didn't deny killing Wageman but said he didn't remember doing so. Wageman was a single mother who was raising a son who, at the time, was an honor student and musician at Shadle Park High School.
Peters finished his sentence at the Washington State Penitentiary in Walla Walla in January 2011 and still is completing his two-year probation term, according to the Washington Department of Corrections.
Law enforcement officers search the at home of Dr. Timothy Jorden in Hamburg, N.Y., Thursday. Jorden is sought in connection with the hospital shooting death of his ex-girlfriend at Erie County Medical Center in Buffalo, N.Y. on Wednesday.
Update from the AP: A body found in thick brush Friday morning is believed to be that of a special forces soldier-turned-trauma surgeon who was the subject of a nationwide manhunt after the killing of his ex-girlfriend at a hospital, police said.
CAROLYN THOMPSON,Associated Press
BUFFALO, N.Y. (AP) — Surgeon Timothy Jorden saved the lives of patients with gunshot wounds, lived in a big home by Lake Erie and owned four vehicles. He was a product of a working-class neighborhood who became an Army officer before coming home to earn his medical degree.
Now the healer is linked to a killing.
Police across the country were on the lookout Thursday for the 49-year-old trauma surgeon in connection with the shooting death of his ex-girlfriend in a building at the Buffalo hospital complex where they both worked. Police say the former Army weapons expert may be armed and should be considered dangerous.
“He was an excellent surgeon. He saved so many lives. For him to take one is unreal,” said a stunned June DuPree, a neighbor of Jorden's in an exclusive cluster of homes on a lakefront bluff.
But she and others also said the affable and accomplished doctor seemed different lately — thinner, not quite as friendly and less meticulous about appearances. Friends of the victim, meanwhile, offered glimpses of a much darker side.
“I saw him at the beginning of the season and noticed how much weight he had lost,” DuPree said. “He said, 'Yeah, I lost a little bit.' But it was more than a little bit. It was a lot. He wasn't too friendly that time I saw him. He just didn't want to talk.”
The search for Jorden began Wednesday morning when 33-year-old Jacqueline Wisniewski was found shot to death in a stairwell on the campus of the Erie County Medical Center. Police say she was shot four times.
Heather Shipley, a friend of Wisniewski, told WIVB-TV that Wisniewski feared Jorden and that he wouldn't let go after she left him because she believed he was having affairs with other women.
She said Wisniewski told her the doctor had put a GPS tracking device in her car and once held her captive in her home for a day and a half, wielding a knife.
“She told me if anything happened to her, that it was him,” Shipley told the station.
Jorden had been involved in two domestic incidents in neighboring Cheektowaga in 2003, police Capt. James Speyer said. He said he couldn't release details but that the incidents did not involve Wisniewski.
Buffalo Police Commissioner Daniel Derenda on Thursday called Jorden “a person of interest” in the administrative assistant's death and said a nationwide alert had been issued advising police agencies that he was wanted for questioning. Officers combed through the grounds outside his home and for a second day, an Erie County Sheriff's helicopter circled overhead.
At one point, police dogs were seen near a ravine and neighbor Tom Wrzosek told The Associated Press he'd reported hearing a single shot around 9:30 a.m. Wednesday, which he initially dismissed.
“Then my girlfriend mentioned if he committed suicide, someone would have heard it,” he said. “That kind of rang a bell.”
Derenda said all of Jorden's vehicles were accounted for and investigators were certain he had not crossed the nearby border into Canada.
“He's out there somewhere,” he said.
The search comes after a lifetime of achievement for the divorced father of a grown son.
Jorden had been profiled in The Buffalo News as a homegrown success story in 1996 and was among those honored with Buffalo's Black Achievers in Industry award in 2002. As a surgeon at the city's main trauma hospital, he worked long hours and was always ready to respond to a hospital emergency when his cellphone rang.
In his Lakeview neighborhood south of Buffalo, Jorden was described as a friendly neighbor with a busy schedule. Neighbors said he clearly spent a lot of money to keep the grounds of his white, gabled home by the lake manicured and lush.
Things changed dramatically this spring.
Jorden's bushes became overgrown, his grass grew knee-high and a kitchen remodeling job was halted. Jorden, a big man, had lost dozens of pounds. Neighbors thought he was sick.
“He had a lot of money invested in his house and the landscaping. And when I came back from Florida in May, it was really neglected. I was just shocked,” said Wrzosek, the neighbor.
“We presumed he was sick, that maybe he had some sort of major ailment,” Wrzosek said.
“He was sick,” he said. “But not in the way we thought he was sick.”
Jorden joined the National Guard in high school, went into the Army after graduation and served with the Army's Special Forces, first as a weapons expert, then as a medic, according to the News.
“Everybody's been made aware of his training and background,” Derenda said, “so when individual officers approach him, they'll take proper precautions.”
Jorden later attended the University at Buffalo's medical school and did residencies at Madigan Army Medical Center in Tacoma, Wash., and the Morehouse School of Medicine in Atlanta. Derenda declined to speculate on whether he may have returned to those areas.
Associated Press Writer Michael Hill in Albany, N.Y., contributed to this report.
By DENISE LAVOIE,AP Legal Affairs Writer
BOSTON (AP) — The day after the longtime girlfriend of mobster James “Whitey” Bulger was sentenced to eight years in prison for helping him while he was on the run, her lawyer filed a notice in court saying she may appeal.
The one-paragraph document filed in federal court Wednesday says Catherine Greig (pictured) claims her right to appeal to the 1st U.S. Circuit Court of Appeals.
Though the notice mentions an appeal of the conviction, attorney Kevin Reddington said she is not planning to. The notice can be withdrawn if she decides not to appeal her sentence.
Greig, 61, pleaded guilty in March to conspiracy to harbor a fugitive, identity fraud and conspiracy. She admitted she helped Bulger while he was a fugitive, using false identities, accompanying him to medical appointments and picking up his prescriptions.
Reddington said that Greig was in love with Bulger when she fled Boston with him in 1995 and that she did not believe he was capable of the murders he is accused of committing.
Greig's twin sister wrote in a pre-sentencing letter to the judge that Greig deserved leniency because she “never possessed an evil bone in her body” and wasn't involved in any crimes attributed to Bulger.
Margaret McCusker's letter to U.S. District Judge Douglas Woodlock said Bulger was charismatic and had “a certain power over people” but added, “I cannot speak to exactly why she left with him.”
McCusker wrote that her sister grew up in a family affected by their father's alcoholism and always “had a sense of duty to care for people.
“She has touched many with her kind acts, and her love for animals is unsurpassed,” McCusker wrote in the letter, unsealed Wednesday.
She said she did not know whether her sister was alive during the time she was gone with Bulger, who's in his 80s.
Bulger and Greig were apprehended in June 2011 in Santa Monica, Calif. They posed as married retirees from Chicago and had a stash of more than $800,000 in cash and 30 weapons in their apartment when they were captured.
On Tuesday, the judge sentenced Greig to eight years in prison, below the 10-year sentence recommended by prosecutors but well above the 27-month sentence recommended by her attorney.
Bulger, the former leader of the notorious Winter Hill Gang and an FBI informant, has pleaded not guilty to charges of participating in 19 murders. He awaits trial.
Under federal rules of appellate procedure, a defendant must file a notice of appeal within 14 days after sentencing. If Greig didn't file the notice, she would be barred from ever considering an appeal, so the notice is a safeguard.
Christina DiIorio-Sterling, a spokeswoman for U.S. Attorney Carmen Ortiz, said it is Greig's right to appeal.
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.”
WENATCHEE, Wash. (AP) — A man who wrote a letter pointing to Christopher Scott Wilson as the suspect in a Wenatchee slaying is claiming a reward of up to $38,000.
Theo A. Keyes wrote a letter to police telling them that Wilson (pictured) had once begun choking another girl. That led officers to take a DNA sample that linked him to the death of Mackenzie Cowell, a beauty school classmate.
The body of the 17-year-old was found along the Columbia River in February 2010 near Crescent Bar. She had been struck in the head, strangled and stabbed to death.
Wilson pleaded guilty to manslaughter in a plea deal and was sentenced May 23 to 14 years in prison.
The Wenatchee World reports (http://is.gd/xgnVFc ) the 32-year-old Keyes has already received a $2,000 reward from Cowell's mother.