Arson Suspect’s Lawyer Disqualifies Judge In Case

Courthouse arson suspect Will Hill, 17, will be tried as an adult if the Lincoln County prosecutor’s office gets its way. But that’s a decision the county’s Superior Court judge won’t make.

Hill’s court-appointed attorney, Kelly Dougan, blackballed Judge Philip Borst on Tuesday on grounds that the judge is prejudiced against the young defendant.

Deputy Prosecutor Clark Colwell planned to argue that Hill should be transferred to adult court, but a hearing on that issue was postponed until a judge from another county is found.

Colwell left the door open to a plea bargain that could allow Hill to remain in Juvenile Court, where the worst penalty for first-degree arson - or anything else - is incarceration until age 21. The maximum penalty in adult court is life in prison.

“We never close the door 100 percent,” Colwell said. “Something could always happen.”

Dougan asked Borst to step aside, claiming the judge was affected personally by the Dec. 21 fire that gutted the Lincoln County Courthouse. Dougan noted that Borst had been restoring the courtroom.

Borst said he regrets the fire, but doesn’t feel any prejudice against Hill.

“Everything in there is replaceable except one picture that I lost, but that’s OK,” Borst said.

He noted that the damage was covered by insurance and officials plan to restore and reopen the courthouse by December.

Borst said he spent eight years restoring the courtroom and wasn’t half done. Now, he said, “I won’t have to spend another eight years trying to get a little pittance of money to get it all done. It’ll all be done by December.”

Unconvinced, Dougan exercised his right to disqualify the judge.

, DataTimes