COLFAX – A 30-year-old Pasco man charged with rape and assault is seeking to suppress a cellphone video that allegedly shows him holding a gun to the head of his accuser.
David Scott Margerison also faces charges of unlawful imprisonment with a sexual motivation and witness intimidation for allegedly threatening to kill the woman and her children if she testified in a narcotics case.
A hearing on the motion to suppress is scheduled for 2 p.m. Friday in Whitman County Superior Court.
In court documents, defense attorney Steve Martonick argues that Clarkston police and Whitman County sheriff’s deputies didn’t have probable cause for seizing the video during a search of Margerison’s car in November.
The affidavit filed in support of the search warrant indicates Margerison had been the subject of a Quad Cities Drug Task Force investigation for about two months prior to the search. During that time, officers saw him meeting with known drug users for short periods of time; confidential informants also alleged that he was both selling and using methamphetamine and that he carried the meth with him in a black travel case.
Clarkston police secured the search warrant after making a traffic stop and arresting Margerison for driving with a suspended license. Several cellphones were seized during the search, including one with the alleged video.
After identifying the woman on the video, police interviewed her. She said Margerison took her for a drive in Whitman County and asked if she had provided the Lewiston police with any information about a pending drug case. He allegedly threatened to kill her and her children if she testified in that case, and then allegedly raped her.
Afterward, the woman said Margerison wrote the word “rat” on her forehead in red and allegedly put a gun to her head and in her mouth, demanding that she admit to being an informant. He reportedly was taking a video of all this with his cellphone.
Margerison pleaded innocent to the charges. He remains in Whitman County Jail on $1 million bond. His trial is scheduled to begin Jan. 13.