Second suspect arrested in man’s homicide
The Spokane County Sheriff’s Office arrested a second suspect Tuesday in connection with the September killing of a man who was crushed under a car.
The sheriff’s SWAT team raided a home at 6 a.m. at 317 E. Olympic and arrested 40-year-old James Phillip Tesch. He was charged with second-degree murder in connection with the Sept. 4 killing of 52-year-old Rick L. Tiwater, sheriff’s spokesman Cpl. Dave Reagan said.
On Sept. 16, sheriff’s detectives arrested Ben Alan Burkey on the same charge in connection with Tiwater’s killing. Burkey, 45, remains in the Spokane County Jail.
In charging documents against Burkey, Tesch was listed as a witness but not a suspect.
“Tesch was not a suspect from the get-go,” Reagan said. “He was developed as a suspect from good police work.”
Once inside Tesch’s home, detectives found Tiwater’s stolen 1999 Harley Davidson motorcycle, Reagan said. According to court records, Tiwater recently purchased the motorcycle with a sizable settlement from the Social Security Administration.
Detectives spoke to at least two witnesses who said they heard Burkey accuse Tiwater of being a snitch, Reagan said. Both said they heard Burkey say that he wanted Tiwater’s motorcycle, Reagan said.
Investigators believe that Tesch and Burkey assaulted Tiwater in Burkey’s home on Sept. 4, then took him to East Laurel Road in northern Spokane County, where they ran over Tiwater with a 1987 Ford Thunderbird. Investigators found hair, blood and what appeared to be human skin on the underside of the car, according to court records. A mud flap matching one on the Thunderbird was found near Tiwater’s body.
On Sept. 10, Detective Tim Hines looked at the Thunderbird and found hair stuck to the undercarriage of the vehicle, according to charging documents. “A small portion of hair was also found on the passenger rear lower quarter panel.”
In another search warrant executed at Burkey’s residence on Sept. 13, Hines found a pair of black leather boots which had a tread pattern that were similar to prints found at the scene where Tiwater was found dead. A forensic specialist found blood on one of the boots.
Dr. Marco Ross conducted the autopsy on Tiwater on Sept. 6, and found his body covered with cuts and abrasions, court records state. Tiwater also had several broken ribs that lacerated his lungs.
“Dr. Ross indicated that the victim’s injuries were entirely consistent with those one would expect to find on a victim that had been run over by a vehicle,” court records state.