Spokane7
58°
August 18, 2010
Jury convicts Devlin for murder of witness
A Stevens County jury ruled today that Christopher H. Devlin is guilty of aggravated first-degree murder for the May 2008 slaying of 52-year-old Daniel Heily, whose bullet-riddled body was found behind a Deer Park liquor store.
The jury deliberated three days before convicting Devlin, 57. Because Heily was a state’s witness, Devlin faces only one possible sentence – life in prison without the possibility of parole.
“I’m disappointed with the decision,” co-defense attorney Mark Vovos said. “There certainly will be an appeal in this case.”
The jury found Devlin guilty of premeditated first-degree murder, but did not support a weapons enhancement that charged Devlin had used a gun in the commission of a felony.
“I think it’s sort of interesting that Mr. Devlin was not guilty of using a firearm. (Heily) had six shots in him … but the jury found (Devlin) wasn’t armed with a firearm at the time,” Vovos said. “Go figure that out.”
The case began when Heily told police that Devlin broke into Heily’s Spokane County home and assaulted him in 2007. That felony assault trial was set to begin on May 14, 2008, but Heily never showed up to testify.
Spokane County Sheriff’s detectives searched for Heily and located him on May 16, 2008, stuffed under the seat of his pickup, which was parked behind a liquor store. He suffered six gunshot wounds.
Detectives arrested Devlin and Carl A. Hoskins, who identified Devlin as Heily’s killer, according to court records. But Hoskins never testified in the trial even though prosecutors gave him a deal to avoid first-degree murder charges in exchange for his testimony.
Hoskins was released from jail last August after satisfying the 27-month sentence as part of the deal. It’s not clear whether that deal remains in place now that he wasn’t called to testify.
Deputy Spokane County prosecutors Larry Steinmetz and Dale Nagy weren’t immediately available for comment.
Superior Court Judge Jerome Leveque rejected a request by Vovos and co-defense attorney Roger Hunko to inform the jury that prosecutors chose not to call Hoskins – who was the only person investigators said witnessed the killing.
Steinmetz implied in court last week that he was holding Hoskins back to rebut any potential testimony from Devlin. But since Devlin never took the stand, Hoskins was never called.
“That was a big issue in the trial,” Vovos said. “We wanted to be able to tell the jury about the deal (Hoskins) had. It’s a procedural, strategic matter that has consequences. I suppose it will have to be dealt with before an appellate court.”
Doney’s sentence upheld 
horse_feathers on August 18 at 4:02 p.m.
This guy should of recieved the death penalty but Steinmetz screwed the pooch by lying to the court about the fact that the murder took place in Stevens County so the Judge took the death penalty off the table to punish the prosecution. No doubt that will be an additional issue for appeal.
Tucker didn’t discipline Steinmetz, go figure.
kennyhuston on August 18 at 4:11 p.m.
All the more reason to get Tucker out of office!!!
Knowing1 on October 15 at 7:24 p.m.
Long ago I knew Mr. Hoskins and his lack of involvement here is completely unbelievable to me. He bragged of a time when a state official was shot in the face with a shotgun on a lake during a diamond heist. His son was also questioned in the death of a young man named Mark Fischer in Evanston Wyoming who was believed to have been beaten nearly to death and left to be ran over by a train in about 1991. The apple never falls far from the tree they say!!