Boot Murder Trial In Hands Of Jury

The jurors already know Kevin Boot is guilty. Even his attorney says so.

The question now is whether Boot is guilty of aggravated murder as charged, or first-degree murder. Jurors must decide whether Boot shot Felicia Reese in 1994, or was just an accomplice.

“I am not asking any of you to ignore the involvement of Kevin Boot,” defense attorney Richard Fasy told the jurors. “Find him guilty. But find him guilty of the right thing.”

The six-woman, six-man panel began deliberating about 5 p.m. Saturday, after an unexplained five-hour morning delay postponed closing arguments in the weeklong murder trial. The jury deliberated for 3 hours and will continue today. Fasy said prosecutors haven’t proven his client planned, pre-meditated or even shot Reese, 22. Kevin Boot admits being involved in the kidnapping and robbery, Fasy said. While committing those crimes, Reese was killed.

That’s enough to convict Kevin Boot of first-degree murder instead of the more serious charge, which could send the teenager to prison for life, Fasy said.

Boot, 19, and his cousin, Jerry Boot, 17, admit kidnapping Reese from a downtown hotel parking lot and robbing her of $43. Each blames the other for shooting her three times in the face.

Deputy prosecutor Jack Driscoll called Kevin Boot a “chameleon” who changes his story to camouflage the truth. Driscoll reminded jurors that Kevin Boot told detectives five different versions of what happened the night of the murder, fingering three other people as the shooter.

“He shifted responsibility to someone else,” Driscoll said. “He blamed his cousin for everything but the national debt.”

The Boots knew they were going to kill Reese, Driscoll said. They drove her to a secluded North Side park and shot her just to prove they were “big, bad gang members.” “They had to turn around - deliberately turn around - and shoot her,” Driscoll said. “It’s an act that requires thought beforehand.”

Fasy said if there was a plan to kill Reese, Kevin Boot didn’t know about it. He drove the car while Jerry Boot held the .380-caliber handgun and gave directions. Kevin Boot thought they were going to drop off Reese at the park and take her car, Fasy said.

However, prosecutors have contended it was Jerry Boot who drove, while Kevin Boot orchestrated the crime from the passenger seat. Expert testimony points to the passenger as the most likely gunman.

But Fasy said his client had to be the driver because Jerry Boot does not know how to operate a stick-shift, noting that Reese’s car had a manual transmission. Prosecutors have never addressed that, Fasy reminded jurors.

He also brought up the two drops of blood that were found on Kevin Boot’s jacket. Jerry Boot had to wash his clothes to remove the stains, Fasy said.

“Why did Jerry Boot wash his clothes? Because he handled the body,” Fasy said. “Why would he handle the body? Because he is the shooter… who caused her death.”

Prosecutor Jim Sweetser scoffed at Kevin Boot’s story, telling jurors to see through his lies and the tears he shed on the witness stand Friday.

“He’ll do anything to protect himself,” Sweetser said during closing arguments. “He’ll tell you anything to save himself. He’ll blame this on anyone.”

Judge Tari Eitzen said she planned to let the sequestered panel work as long as they wanted, including today, if necessary.

, DataTimes MEMO: Cut in Spokane edition.