Initial trial for suspects in Colfax

COLFAX – Two suspects in last weekend’s shooting death of a University of Idaho football player apparently will stand trial first in Whitman County on charges of attempting to elude officers who chased the pair for 150 miles across Washington.

The prosecution of Matthew R. Wells, 26, and his brother, James J. Wells, 25, in Whitman County will give authorities in neighboring Latah County, Idaho, more time to develop their first-degree murder case against the pair.

Investigators still haven’t disclosed a motive for the killing, while attempting to determine if it involved drugs or revenge for an earlier fight.

They’re also still looking for the murder weapon and small plastic baggies that pursuing officers saw being tossed out the passenger window of the suspects’ fleeing car.

Searchers are expected to be back out today, combing the lonely shoulders of State Highway 26 in Whitman, Adams and Grant counties, winding from Colfax to Washtucna, Othello and Royal City, ending at Vantage.

“The extradition process is on hold until we resolve our charges here,” Whitman County Prosecuting Attorney Denis P. Tracy said after the Wells brothers were brought to court in handcuffs for their initial appearances on Friday.

The Wells brothers, both of Seattle, agreed during the hearings to postpone their formal arraignment on the eluding charge until Oct. 8. They said nothing other than “Yes, sir,” in response to questions from Whitman County Superior Court Judge David Frazier.

As news cameras recorded the event, they were brought to the courtroom separately, both handcuffed and wearing Whitman County Jail jumpsuits.

The judge agreed to the postponements after telling the defendants the 60-day “speedy trial” time clock doesn’t start until they are arraigned. Once the suspects are arraigned on felony charges, they have the constitutional right to be brought to trial within 60 days.

Court-appointed defense attorney Mark Monson argued that there was insufficient evidence to charge James Wells with attempting to elude because police reports say he was the passenger in the fleeing car.

But the prosecutor responded that it was the passenger who was spotted throwing items out of the car during last Sunday’s high-speed chase. Both men also were being sought for questioning after witnesses spotted their car leaving the scene of the shooting, Tracy said.

The judge said there was sufficient probable cause to charge both suspects with attempting to elude police. If convicted, the crime carries a maximum of five years in prison and a $10,000 fine.

Three of the suspects’ family members showed up for brief, separate court hearings on Friday, but quickly left without talking to reporters.

Outside of court, the prosecutor said he’s prepared to take the pair to trial on felony attempting to elude charges unless his counterpart in Latah County “tells me a delay will hurt their murder case over there.”

“The pending murder charges over there are not going to affect our case,” Tracy said. “I’d like to see them convicted of a felony here in Washington before they are processed on to Idaho.”

Prior felony convictions can have a bearing at the time of sentencing.

The suspects are each being held in the Whitman County Jail under $75,000 bonds for the attempting to elude charges. If they attempt to post those bonds, they would immediately be taken into custody on the pending Latah County warrants, accusing them of first-degree murder.

The white BMW, registered to Matthew Wells, was returned Thursday to Moscow and processed for evidence, Moscow police Capt. Cam Hershaw said Friday afternoon.

Idaho State Police detectives assisted Moscow Police Department detectives in processing the vehicle.

Hershaw declined to say whether any evidence was found inside the late-model sports car that witnesses spotted speeding away from a Moscow apartment where Vandals redshirt freshman cornerback Eric R. McMillan was fatally shot last Sunday.

If hair, fibers or other minuscule evidence was found in the car, it could take several days for scientific tests to be completed.

Court documents disclose that the clothing the suspects were wearing was taken from them shortly after Washington State Patrol troopers used spike strips to flatten the tires of their car on the Interstate 90 bridge over the Columbia River at Vantage.

If blood splatters are found on the suspects’ clothing, investigators could use DNA testing to attempt to match the splatters with the victim’s blood.