Murderer Gets Chance At Parole Judge Cites Eby’S Childhood, Holds Hope For Rehabilitation

A 19-year-old Kellogg man convicted of beating a friend to death so he could rob him will spend at least 25 years in prison, and could be there for life, a judge decided Friday.

Telling Daniel L. Eby that he held out hope of rehabilitation, 1st District Court Judge Gary Haman opted to give Eby a chance at parole. Haman said he tried to strike a balance between handing Eby a stiff punishment and giving him a chance to work through a troubled childhood that included an early introduction to drugs and alcohol.

“I do think that methamphetamine had a lot to do with this whole situation,” the judge said.

A jury convicted Eby in June of first-degree murder in the death of Melvin Evenson. Jurors also found Eby guilty of attempted robbery and conspiracy to commit robbery.

Haman ruled out the death penalty as a possibility after deputy prosecutor Rick Baughman recommended against it.

Baughman made his recommendation at the request of the victim’s family and because of Eby’s age - 18 at the time of Evenson’s murder.

Eby was sentenced to 15 years in prison on the attempted robbery and conspiracy to commit robbery charges. Both sentences will run concurrent with Eby’s murder term.

The sentences made Eby the last of three relatives punished for Evenson’s killing.

Jeremy Schmitz, Eby’s 15-year-old cousin, is serving 10 years to life in prison in connection with the crime.

Schmitz pleaded guilty to second-degree murder.

Clifford Hicks, Schmitz’s 45-year-old stepfather, pleaded guilty to accessory to murder for helping to clean up the Fantasy Loop Road workshop where Evenson was killed. Hicks received a five-year sentence.

Eby has maintained that Hicks planned and committed the murder, leaving him and Schmitz to take the blame.

“Danny wasn’t the ringleader of all of this,” said Lynn Nelson, chief deputy public defender.

“There were other people who were the brains of this.”

Friends of the men testified during Eby’s trial that he hatched the plan with Schmitz and Hicks during an all-night party spent drinking and doing drugs.

Baughman said Eby was motivated by the drugs and money he thought Evenson had with him.

“He could have gotten that without killing him,” Baughman said.

“He did not have to do that. He was Mel’s friend. He should have known that.”

A large contingent of Evenson’s family attended most of the hearings involving Eby, Schmitz and Hicks. They recommended that Haman deny Eby a chance at parole.

Family members said they saw no signs of remorse from Eby, only irritation that he got caught. Eby, whom Evenson’s son once considered a best friend, even attended a family barbecue on Mother’s Day following Evenson’s disappearance.

However, Nelson insisted Eby was disturbed by Evenson’s death.

Eby’s statements to Kootenai County sheriff’s detectives after his arrest that he had not been sleeping well and felt “relief” at being able to disclose his part in the crime showed his concern, Nelson said.

“In layman’s terms that’s what we call a guilty conscience,” Nelson said.

Eby has been held at the Kootenai County Jail without bail since his arrest 18 months ago.