December 11, 1997 in Nation/World

Teen To Admit Robbery, Testify In Murder Case 16-Year-Old Drove Two Others Charged With Killing

By The Spokesman-Review
 

A 16-year-old Post Falls teenager charged in the robbery and fatal stabbing of an elderly man waived his preliminary hearing Wednesday and plans to plead guilty to robbery.

Joshua A. Scott also agreed to testify against two teenagers charged with murdering Patrick Victorino last month. The plea agreement prohibits prosecutors from filing murder charges against Scott unless new evidence is discovered, Deputy Prosecutor Steve Kinn said.

David A. Woffenden, 17, and Timothy J. Bailey, 16, are charged as adults with criminal conspiracy to commit robbery and first-degree murder. Prosecutors allege Scott drove Woffenden and Bailey from Victorino’s house following the 70-year-old man’s Nov. 16 murder and charged him as an adult with robbery.

A videotaped confession Bailey made to Coeur d’Alene police detectives after turning himself in details a robbery plan that apparently got out of hand.

Bailey admitted on the tape that he and Woffenden carried kitchen knives with them and planned to rob Victorino of money he kept in a shoe box in his closet. Woffenden stabbed Victornio to death after the Coeur d’Alene man recognized him, Bailey said on the tape, which prosecutors played Wednesday during his preliminary hearing.

“He said we were just going to scare him, nothing more,” Bailey said.

Testimony in Bailey’s preliminary hearing is scheduled to continue this afternoon. Woffenden’s preliminary hearing, which also had been scheduled for Wednesday afternoon, was postponed.

Prosecutors allege Woffenden, Bailey, Scott and a 15-year-old girl hatched the robbery plot several hours before going to Victorino’s house on north First Street.

The girl, whose name has not been released, has been charged in juvenile court with robbery. A fifth teenager also present when the robbery plan was discussed has not been charged.

According to Bailey, the group met Scott at his sister’s house, where he was baby-sitting his toddler nephew. They decided Woffenden and Bailey would cover their faces with T-shirts, and bring along kitchen knives to scare Victorino and a towel to gag him, Bailey told police.

Scott drove Woffenden and Bailey to Victorino’s house about 7:30 p.m. and waited at the end of an alley while the other two rang the doorbell.

When Victorino answered the door, Woffenden pushed him inside and demanded money, Bailey said. Bailey followed Woffenden inside and shut the door behind them.

Woffenden and Victornio struggled briefly inside the door, Bailey said. Victorino tried to run out the back door, but Woffenden grabbed him and forced him down a hallway, he said.

“The guy said, ‘Andy, I know it’s you. I’m your friend,”’ Bailey said.

Victorino eventually handed Woffenden a shoe box he kept money in and slammed a closet door into him. Woffenden dropped the box and Victorino ran down the hall.

Woffenden chased Victorino down and stabbed him until the knife bent, Bailey said. Bailey then tossed Woffenden his knife and told him they should leave.

“He said, ‘Wait, I have to make sure he’s dead,”’ Bailey said.

Bailey grabbed the money off the floor and Woffenden kicked out Victorino’s back door. They left with $4,000, Bailey said.

Neighbor Jennifer McGill, 24, testified Wednesday that she saw the two leaving Victorino’s house as she drove into the carport next to her apartment. McGill said she then followed Scott’s car for several blocks while she memorized its license plate number and description.

She then drove home and found Victorino lying in the doorway to a back bedroom. Blood was smeared on the walls and the carpet.

“I ran out of the house screaming, ‘Oh my God,”’ McGill said.

, DataTimes ILLUSTRATION: Photo


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