Ex-Marine Cleared Of Murder Former Rifleman Acted In Self-Defense In Shooting Outside Valley Strip Club
A Spokane jury decided Friday that a 20-year-old man acted in self-defense when he pulled a pistol from his car and killed another man during an argument outside a strip club last June.
After seven hours of deliberation, the Spokane County Superior Court jury said prosecutors failed to prove that Eric C. Swanson murdered Robert Wolbing Jr. outside Deja Vu on June 26.
Swanson, a former Marine rifleman, testified he reacted out of “panic” when he took a .40-caliber pistol and fired three bullets into Wolbing, 26, fearing the other man had a gun.
The shooting occurred in a parking lot as the 6-foot-6 Wolbing left a car and began walking after Swanson, apparently ready to fight after the two men exchanged insults. Neither man knew the other.
Swanson’s relatives erupted into sobs and gasps after the verdict was read by Superior Court Judge Sam Cozza.
Wolbing’s mother, Carol Wolbing, stood in silence in the court’s front row.
“In terms of emotions involved, this was by far the toughest trial I’ve ever had,” said Swanson’s attorney, Carl Oreskovich.
“I’ve never had a case where someone as young as Eric faced the kind of penalties he did if convicted,” Oreskovich said.
Swanson, the son of Mead School District Business Manager Allen Swanson, faced a prison term of 50 years or more if the jury had convicted him of murder and three counts of first-degree assault.
“I don’t know what we can say right now,” Allen Swanson said after the verdict. “We’re certainly elated.”
Swanson was initially charged with second-degree murder, but prosecutors later changed the crime to first-degree premeditated murder.
Several jurors said later that they felt the prosecutor’s office failed to prove their case against Swanson.
“We agreed without too much trouble that there just was not enough evidence to convict him,” said juror Kay Coykendall.
“We had trouble trying to find out what really happened. The witnesses just couldn’t decide where they were that night or what really happened,” she added.
Another juror who didn’t want to be identified said that he and others on the panel believed Swanson’s testimony.
On the stand, Swanson said he thought he saw Wolbing with a gun in his right hand. That, plus seeing several other men behind Wolbing coming at him that night, caused him to hurry for the gun, he testified.
“We honestly believed that he thought the other man had a gun,” the juror said.
Deputy Prosecutor Mark Lindsey said “I’m disappointed, obviously. We presented all the evidence we had, and the jury worked hard.”
The jury also ruled that the killing of Wolbing was justifiable self-defense. That separate decision, under Washington law, forces the state to pay Swanson’s legal costs and any lost wages the trial caused him.
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