Jury gives split verdict in fatal burglary case

A jury handed down a split verdict Thursday afternoon that spared a 31-year-old man what his attorney said could have been “some incredible amount of time” in prison for a burglary in which his partner was shot dead.

Simon Roi “Smoke” Brown was guilty of first-degree burglary and being a felon in possession of a firearm, but not of first-degree robbery and attempted first-degree robbery, according to a Spokane County Superior Court jury that had been deliberating since 11:15 a.m. Wednesday.

The jury deadlocked on a first-degree assault charge that could have cost Brown 15 to 18 years, including a five-year firearm “enhancement.”

“We’re disappointed that we didn’t win the whole thing, but things could have been a lot worse for him,” Assistant Public Defender Jeff Leslie said.

Deputy Prosecutor Mark Cipolla could re-file the assault charge, but, as things stand, Brown faces a standard range of 7 1/2 to 8 1/2 years in prison when Judge Harold Clarke III sentences him Sept. 12, according to Leslie’s calculation. But Leslie noted that Cipolla may argue for five additional years because the jury found Brown guilty of two weapon enhancements.

In separate findings, the jury concluded that Brown was not only armed, but was aware that his accomplice, Steven R. Campbell, also was armed in the July 18, 2004, home invasion. State law holds criminals accountable for their accomplices’ actions.

The verdict did nothing to solve the mystery of Campbell’s death, for which three theories were offered.

Testimony indicated that Brown and Campbell went to the home of Harold W. Young and Monica A. Morgado in the 4100 block of North Monroe, and forced their way in when Morgado answered their knock. Morgado said Campbell cornered Young in a bathroom while Brown put a pistol to her temple and demanded money.

Young said he struggled with Campbell, who accidentally shot himself with his own pistol. Only one shot was fired, according to Young. But Morgado said she saw Brown fire a shot when he went to Campbell’s aid.

Investigators found two bullets: the 9 mm slug that killed Campbell and a .45-caliber bullet that lodged in a bathroom wall. However, the weapons that fired those rounds were never located.

Cipolla noted in his closing argument that testimony indicated Brown picked up Campbell’s weapon when he fled. He argued that Brown fired the fatal shot by accident when he responded to Campbell’s cry of “Smoke, Smoky, I’m hit.” But Cipolla filed no homicide charge against Brown.

Leslie suggested Young killed Campbell while trying to rob him. Young and Morgado may have “set up” Campbell and Brown, altering the evidence to make it look like Campbell and Brown were committing a robbery when it was the other way around, Leslie argued. He noted that Young and Morgado lied at first about whether Young had a gun or smoked marijuana.

When police found Young’s .38-caliber revolver hidden in someone else’s house, they also found a 9 mm semiautomatic pistol. But a firearms expert determined the 9 mm weapon couldn’t have fired the fatal shot.

Brown testified that he found out, while driving Campbell to Young’s and Morgado’s home, that Campbell intended to sell drugs. He claimed he waited outside in his car and entered the home only when he heard a “pop” and heard Campbell calling for help.