Posts tagged: robbery
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.
A 24-year-old man used a credit card he swiped from a Spokane Valley shopper in a strong-arm April robbery to buy a Mother's Day present online, according to investigators.
Spokane Valley authorities searched several residences last week looking for Damian Plumley and evidence of the April 24 incident. A woman said she was walking from her car following a shopping trip when a man matching Plumley's description bumped her from behind, knocking her to the ground. The man took her purse, which contained several credit cards.
Detectives learned those credit cards were used to buy items at a local convenience store and at several department stores' websites. While searching Plumley's residence in the 11000 block of East Fourth Avenue, police found an electric tea kettle they confirmed was bought using the robbery victim's credit card.
Plumley's mother told police her son had bought it for her as a Mother's Day gift.
Plumley is in custody of the Spokane County Jail facing charges of robbery, identity theft, leaving the scene of an injury accident and possession of stolen property.
A man accused of stealing a $13 bottle of vodka from a Spokane grocery store was arrested on suspicion of first-degree robbery after he allegedly punched a clerk and heaved the liquor bottle into the road.
Chad Burk, 40, was arrested late Friday after witnesses said he left a Safeway store on North Market Street without paying for his alcohol. A clerk watched Burk grab a bottle of vodka and a can of beer, walk to the frozen foods section and place the can of beer inside. Burk placed the vodka in his jacket and walked out without paying, according to the store clerk.
The clerk chased Burk out of the store, where Burk allegedly punched him twice and pushed him up against a wall. The employee wrestled Burk to the ground when police arrived.
At some point during the altercation, Burk threw the vodka into the street, according to court records.
Burk was released from custody without bond this weekend. He is expected to make a first-appearance on the charge against him Monday afternoon.
A Worley man who donned a cartoon character mask to rob an espresso stand in Coeur d’Alene last year will spend at least four years behind bars.
Kyle Ernest Campbell, 25, wore a SpongeBob SquarePants mask when he robbed Lean Bean Espresso at 1207 E. Sherman Ave. on Jan. 30, 2013.
Campbell, who pleaded guilty to armed robbery on Oct. 3, entered the stand armed with a handgun and demanded money from employees, who complied. He then fled on foot.
He was sentenced Monday by 1st District Judge Lansing Haynes to a prison term of four years fixed and another nine years indeterminate, with credit for time served.
Campbell has a lengthy arrest history, primarily on tribal charges, but only two convictions – for misdemeanor careless driving and minor in possession of alcohol, the Kootenai County Prosecuting Attorney’s Office said.
He acknowledged he has a substance abuse problem, the prosecutor’s office added.
Spokane police are asking the public to help identify a woman suspected of robbing two pharmacies over the weekend.
The first robbery was at Safeway, 3919 N. Market, just after 4 p.m. Saturday. The second was at Fred Meyer at 400 S. Thor just before 5:45 p.m. Sunday. Both times, a female demanded prescription medication and fled.
The woman is described as white with brown hair, 5-foot-4 to 5-foot-6, 120 to 130 pounds, and 20 to 30 years old.
Crime Stoppers is offering a cash reward for anyone providing information leading to an arrest. Call the Crime Stoppers Tip Line at 1-800-222-TIPS or forward the tip via www.crimestoppersinlandnorthwest.org.
A police search of a home near a Browne's Addition convenience store robbed multiple times last month revealed multiple guns thought to be owned by the nine-time convicted felon implicated in the thefts.
Justin Werle, 28, remains in custody at Spokane County Jail, facing charges of owning modified weapons illegally. He was previously implicated in at least one attempted robbery at Sunset Grocery, 1908 W. Sunset Blvd. on Dec. 28. But police said the store had been robbed twice previously in the previous four weeks and they thwarted Werle's plot for a third.
Investigators think the same white man - disguised in a hooded sweatshirt, gloves and a bandana - committed the two successful robberies. Police found a .22 revolver, a rifle and an “old rusty revolver” in Werle's residence, just behind the convenience store. Also recovered was a pack of cigarettes matching the brand of a carton stolen from the store earlier and a pair of gloves that appeared similar to those worn by the robber.
Prosecutors have not yet said whether they will pursue additional robbery charges against Werle, who was released from prison in January 2013 after serving time on multiple riot charges. A woman who identified herself as Werle's mother appeared at a court hearing last week, saying her son showed up at the convenience store armed with a sawed-off shotgun to protect a clerk who was concerned about the recent spate of robberies.
Kyle Henriksen, 23, will spend the next seven years in prison after pleading guilty earlier this month to first-degree robbery of a woman at gunpoint in a Spokane Valley nail salon last December.
Henriksen pleaded guilty to the robbery in September, but his original sentencing date was pushed back because of an October incident when the 23-year-old allegedly threatened to kill his grandmother. That incident does not appear to have affected Henriksen's plea deal. According to court records, Henriksen received an 87-month sentence, the lowest end of a sentencing range dictated by his criminal history.
Henriksen is currently being held at the Washington Corrections Center in Shelton, Wash., according to prison records.
The salon robbery took place Dec. 28, 2012, when Henriksen - clad in a black sweatshirt and wearing sunglasses - walked up to a woman he knew and demanded her purse, which contained $150 in cash. The woman tried to hit the gun out of Henriksen's hand, then he fled on foot before an arrest a few days later when a search during a traffic stop turned up drugs. Henriksen also pleaded guilty to assault charges stemming from a 2009 incident in which he pistol-whipped a man trying to return a stolen purse to Henriksen's girlfriend, according to court records.
Nicholas Richardson, 24, told police he'd driven the getaway car for Henriksen after the salon robbery. He pleaded guilty to second-degree robbery in March and served three months in prison, according to the Spokane County Sheriff's Office.
Henriksen told police who responded to the alleged death threat made in October that his grandmother had misunderstood what he said. The grandma told police she tried to keep Henriksen from pawning her big-screen television, prompting the spat.
The Kootenai County Sheriff's Office has released video of the person who robbed Domino's Pizza in Hayden on Nov. 15.
A man entered the restaurant, struck an employee in the face with a handgun, stole cash and fled northbound. He was a white male, about 6 feet tall, with a hooded sweatshirt and a red bandana over his face.
Anyone with information about this robbery is encouraged to call the Crime Stoppers Tip Line at (800) 222-TIPS.
A 23-year-old man who pleaded guilty earlier this year to robbing a woman at gunpoint in a Spokane Valley nail salon will likely face a longer prison sentence after police say he threatened to shoot his 80-year-old grandmother.
Kyle Henriksen was booked into Spokane County Jail last week after police said he violated conditions of his release. Henriksen was scheduled for sentencing in an armed robbery that occurred at the Super Nails salon at 1525 N. Pines Road on Dec. 28. Witnesses said a man walked into the salon, clad in a black hooded sweatshirt and wearing sunglasses, and pointed a gun at a woman getting a pedicure, demanding her purse.
The thief fled the scene on foot, and the woman identified Henriksen as the likely suspect. After trying to pin the robbery on an acquaintance, Henriksen eventually admitted to carrying out the robbery.
A few days after the robbery, police pulled Henriksen over for a broken tail light. They found drug paraphernalia and a blue powder that Henriksen said was “probably Oxycontin,” but said it didn't belong to him. Henriksen was also arrested later in July for leading police on a chase that ended at the apartment he was sharing with his grandmother.
Court records show Henriksen pleaded guilty to the December 2012 robbery in September. Sentencing in the case was scheduled for Nov. 18, in which prosecutors anticipated seeking the lower end of the sentencing range for first-degree robbery: 87 months, or a little over seven years.
But on Oct. 23, police were called to Henriksen's apartment on accusations he'd threatened to shoot his grandmother. When they arrived, the grandmother told police that Henriksen was pawning all of her possessions and had attempted to unplug her big-screen television so he could sell it. When she resisted, he yelled “I'll shoot you,” she told police.
Henriksen said his grandmother misunderstood what he said. He also told police he had a drug problem and said they would find drug paraphernalia under the cushions of a sofa in the home where he'd been sleeping. Police later arrested him for driving with a suspended license.
Police arrested Henriksen in 2009 when, as a 19-year-old, he assaulted two men who said they were attempting to return a purse belonging to Henriksen's girlfriend. Armed with a handgun, Henriksen struck one of the men in the face, causing the gun to fire and strike his jaw, according to previous news reports. Henriksen pleaded guilty to two counts of assault in the incident in December 2010, according to court records.
Court records show sentencing has not yet occurred in the December 2012 robbery case. Henriksen is being held in the Spokane County Jail.
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.
A woman posing as a prostitute and one man were arrested in connection to an armed robbery Friday morning, police say.
Tenisha M. Herrell, 25, arranged to meet with the male victim on backpage.com, an online classifieds site frequently used by prostitutes and escorts, according to a Spokane police news release. Herrell, who went by the name of “Melanie” on the site, agreed to meet him early Friday morning near Hill ‘n’ Dale Rotary Park near Colton and Jay Street, the release said.
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The Coeur d'Alene Police Department has released the surveilance footage of a robber wearing a SpongeBob SquarePants mask Wednesday evening at Lean Bean Espresso, 1207 Sherman Ave.
Police said the robbery left with an undisclosed amount of cash in the hold-up and there were no injuries reported.
A man with a gun ordered two employees of the coffee stand to hand over cash and fled on foot along 13th Street.
The robber is described as 5-foot-8 with a medium build and weighing about 180 pounds. In addition to the mask, he wore a black hoodie pulled over his head and dark baggie jeans, according to police.
Anyone with information about the robbery is asked to call Coeur d'Alene police at (208) 769-2320.
A reward is being offered for tips that help identify a man who robbed a Spokane convenience store at gunpoint early Saturday.
Surveillance photos released today show the man pointing a gun at a clerk at 7-Eleven, 1425 N. Maple St., about 4:30 a.m.
The robber is described as 5-foot-6 and 180 pounds, and in his late 20s or early 30s.
Anyone with information is asked to call 1-800-222-TIPS or submit tips online. Tipsters do not have to leave their name to collect a reward but should lave a code name or number.
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.
A Spokane man arrested for a May home-invasion robbery has been cleared of wrongdoing in what his lawyer says was a case of mistaken identity.
Joshua Clint Epperson, 32, still faces seven felony gun, drug, burglary and theft charges for a May 1 burglary.
Police believe Epperson stole guns, electronics and jewelry from a home in the Country Homes area to help pay a $1,000 debt to his heroin dealer. Epperson's girlfriend, Chelsey M. Loe, also is suspected in the case. Investigators searched the couple's home at 51 E. Crown on May 6 and recovered meth and suspected stolen property.
Epperson was summonsed to court for an arraignment but arrested just a few days before for a May 22 home invasion robbery in the Indian Trail area. Robbery and kidnapping charges were dismissed in Spokane County Superior Court on Thursday. Epperson is to stay with a friend in North Spokane if he's released from jail. His lawyer said he possibly has a job at a tattoo parlor.
Two suspected car thieves tried to steal a vehicle from a stranger outside a north Spokane restaurant, police say.
Bennie Lee Carson, 31, and Charles A. Nickens, 27, followed the man north on North Division Street and confronted him when he pulled into the McDonald's parking lot at Division and East Heroy Avenue about 7:15 a.m. on June 27, according to police.
The victim said one of the men reached into his waistband as he approached and made it appear as though he had a firearm. The other man told the victim “he liked his rims and wanted his keys so he could drive his car.”
Wright refused and “aggressively walked past” the men and into McDonald's, where he called police. A friend who was to meet the victim at the McDonald's that morning witnessed the incident an through the men were perhaps confronting him over a driving dispute.
The victim's friend is an Avista meter reader who said he considered using his “dog stick” meter reader to stop an assault should it occur, according to court documents.
Police found the car in the Shadle Park Wal-Mart later that day. One of the occupants said she got the car from a man named Bennie, “a car thief who steals and traffics in stolen vehicles,” police wrote.
Carson and Nickens were charged last week with second-degree robbery and possession of a stolen motor vehicle - police say they car they followed the victim in was stolen.
Carson also faces possession of stolen motor vehicle charges for cars found at his home at 2415 E. 1st Ave., where police believes he strips stolen vehicles, in June when police responded to a report that he was assaulting his girlfriend. The home also was the target of a SWAT team heroin bust in March.
Carson was arrested on car theft charges July 1. Nickens also was arrested last month and has been in jail since. Prosecutors filed charges for the attempted robbery on Aug. 2.
A robber who fled a north Spokane home after being struck with a sword has been sentenced to nearly 11 years in prison.
Nathan T. McDaniels, 28, alias Gardner, pleaded guilty to conspiracy to commit first-degree burglary and two counts of first-degree robbery and was sentenced by Superior Court Judge Greg Sypolt to 129 months, according to court records.
McDaniels was arrested in May for a robbery in the 9600 block of North Alpine Court, as was Nathan W. Day, 21.
The men are accused of entering the home about 2:45 a.m. on May 2, binding residents with zip ties and pistol whipping. The attackers asked about a safe and stolen several items. Police found a stolen Wii console and baggies of methamphetamine when they arrested Day at a home in the 900 block of East Wabash Avenue. They say he had a stolen handgun with him that may have been used in the robberies.
One resident told police four men knocked on the door and he let McDaniels in to use the bathroom. One of the men asked him if he wanted to smoke meth, and the man said he walked the men downstairs to wake up his girlfriend. That's when Day displayed the gun and the man was bound with zip ties as others stole items from the home, court documents say.
Police are trying to identify a man who headbutted a WalMart cashier while shoplifting last week.
An image from a surveillance video shows the man at the store on East Broadway Avenue in Spokane Valley.
A cashier told police he approached the man when he saw him walking toward the west exit with a large bulge in his sweatshirt about 12:45 a.m. July 24.
The man tried to exit, but the doors were locked, so he headbutted the cashier and escaped through a fire exit, according to the Spokane County Sheriff's Office. The thief dropped stolen items in the process.
The Sheriff''s Office released the surveillance photo today in hopes someone will recognize the man.
Anyone with information is asked to contact Detective Jack Rosenthal at (509) 220-6424 or at (509) 477-3186.
Two men were arrested for a gunpoint robbery in Spokane Valley on Sunday that the victim said targeted medical marijuana.
Veniamin Glushchenko, 20, and Krysta Rose Jones, 21, are accused of robbing a man at a home in the 17400 block of East Coach Avenue.
Deputies responded to the home about 6:40 p.m. They located the suspect vehicle at the Hico at 1201 N. Barker Road and were told a man and woman had committed the robbery for a drug debt, according to court documnets.
An employee at Hico reported seeing a man and woman at the store about the time the car was discovered. The employee called 911 about 3 a.m. and said the man and woman were at the WalMart.
Deputies arrested Jones and Glushchenko there and booked them into jail for first-degree robbery, where they remain today.