Spokane7
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August 4, 2010 in City
Defense lawyers claim overkill on Hoopfest charges
Defense attorneys told a judge today that prosecutors don’t have a legal basis for a long list of attempted murder charges levied against three of four men in connection with a shooting at Hoopfest that injured three bystanders.
Superior Court Judge Michael Price said that he is concerned the probable cause affidavit doesn’t support all those charges, including attempted first-degree murder and conspiracy to commit first-degree murder, but that he would allow attorneys to make their arguments later.
Charged in the case are Miguel C. Garcia, Adam Doe, both 19, Marquis D. Johnson, 21, and Rashjel C. “Reggie” Cage, 23. Johnson, is in the Benton County Jail; the others remain in custody at the Spokane County Jail.
All four men were arrested July 26 after witnesses said Cage handed a gun to Garcia, who then fired three times, striking three bystanders at Hoopfest. They suffered minor gunshot wounds to the legs or feet. The shooting occurred after an alleged fight with a rival gang.
An off-duty Spokane police detective witnessed the shooting. The evidence also includes a civilian video of the altercation and shooting, according to court records.
As a result of the investigation, prosecutors charged the suspects each with two counts of conspiracy to commit first-degree murder, and 10 counts of attempted first-degree murder. Most of the victims are identified simply as John Doe.
Assistant Public Defender Kari Reardon – who is representing Cage – said the evidence only supports possible charges for three counts of first-degree assault and the single charge of riot.
Reardon said the court records do not list any basis for the two counts of conspiracy to commit first-degree murder, and the attempted first-degree murder charges don’t have a basis because the victims were unintended.
“I’m challenging the probable cause to those issues,” she said.
Deputy Spokane County Prosecutor Steve Garvin said the “theory” of his office is quite straightforward.
“When you point a gun at someone … what other intent do you have but to cause their death?” Garvin said.
Defense attorney David Partovi, who is representing Garcia, said after the hearing that under Garvin’s theory, prosecutors should have charged former Spokane Police Officer Jay Olsen with attempted murder in connection with his shooting of Shonto Pete on Feb. 26, 2007.
Olsen “pointed a gun and pulled the trigger. He had a lot more premeditation and intent,” said Partovi, who noted that a jury acquitted Olsen on the grounds that he fired in self defense at a man running away down a hill.
“They are sending a message,” Partovi said of the charges. “To me it’s so obvious I’m not even upset by it. They have an angry public to deal with. I understand that. But once they get held to the letter of the law, they will change” the charges.
Price accepted not guilty pleas to all charges from the three defendants.
He said he will allow the defense attorneys to make motions challenging the charges within the next 21 days. He set the trial date of Sept. 20 for Cage and Sept. 27 for both Garcia and Doe.
Closing Geiger: Wise or worrisome? 
hilariousisback on August 04 at 7:44 p.m.
“probably cause affidavit?”
mauijim on August 04 at 8:53 p.m.
It’s a election year for Tucker. As much as these total idiots need to be locked up, I am not sure they can back up the charges.
D Statler on August 04 at 9:10 p.m.
This is why Spokane County Prosecutors are so far behind and can’t get their work done. This is a pattern of throwing charges out there until something sticks.They now have to take more time to try to negotiate a dirty deal with scumbags. Sound familiar? These Prosecutors under Tuckers watch have dropped to new lows in Spokane.ONE SHOOTER and three more kids setting in Spokane County Jail costing us money. Judge Price seems to always be the one that lets this behavior proceed in his courtroom.Instead of doing the right thing and dropping the fraudulent charges.He is allowing the Prosecutors the chance to muddy up the water. I guess a clean case on the overwhelming facts isn’t enough.Just another example of our broken system at work. :^(
crader72 on August 04 at 9:17 p.m.
If gang members want to gather at the old Playfair grounds and shoot each other until the last “man” standing, by all means go ahead. Firing a gun in the middle of a crowd where almost nobody cares who they are or what they are doing they should be locked up for a long time just for their reckless disregard for human life. Let the bunch of cowards rot in jail.
PhiltheBibliophil on August 04 at 9:29 p.m.
Certainly these men need to be charged and put away, but 10 counts of “attempted murder?”. Just another case of “Overkill” by the Spokane Police and Court system!
west on August 04 at 10:39 p.m.
Sounds like 10 hours community work…..ooooohhhhh…that wil learn them….lol
nitro71 on August 05 at 6:53 a.m.
Stuff them away and let these thugs rot in jail forever.
misjustice on August 05 at 9:54 a.m.
Wow, I wish that Prosecutors were as tough on rouge cops that, in a drunken spree, shoot fleeing “suspects” in the back of the head while also managing to send errant bullets into homes in Peaceful Valley!
mahsah86 on August 27 at 6:01 p.m.
Welcome to Spo”compton”. What do you expect when “gangstas” are allowed to live in a decent area of the state/country? Decent citizens need to take control of their streets and send the “cracksters” back to the large-city garbage heeps in which they were hatched.
As a survivor of the Los Angeles “united nations metroplex” I would gladly place a 357 magnum part in the hair of those dirtbags. Where are the citizen vigilanti groups???????
bszottlinger on September 09 at 8:41 a.m.
Hmmm, very interesting.