New charges were filed Thursday against the man accused of killing William “Bo” Kirk in North Idaho last month.
A grand jury has indicted David Earl Hutto of first-degree murder, first-degree kidnapping, first-degree arson and robbery. Hutto has been held on one charge, second-degree murder, since his Oct. 28 arrest.
The new charges, filed by Kootenai County Prosecuting Attorney Barry McHugh, allege Hutto shot and killed Kirk deliberately and with premeditation on Oct. 22, the day Kirk disappeared after his work shift at Northwest Specialty Hospital in Post Falls.
Hutto also is charged with taking Kirk’s GMC pickup truck and a debit or credit card by force “in that the defendant pointed a pistol” at Kirk, the new indictment states.
Further, Hutto is charged with setting fire to Kirk’s truck on Rimrock Road north of Coeur d’Alene the same night.
The grand jury was convened Wednesday.
Hutto, 44, admitted to investigators he was present when Kirk was killed, according to court testimony unsealed Monday.
Prosecutors previously described Kirk’s abduction and death as a random road rage incident. No new information has been presented on the alleged motive for the attack.
Kirk, an X-ray technician, left his work shift the evening of Oct. 22 and headed home to his wife and children. When he didn’t arrive, his family reported him missing.
A second man arrested in the case, Justin Roy Booth, is in federal custody on a charge of being a felon in possession of a gun and ammunition. Booth, 36, lived and worked with Hutto at a Hayden home and also was arrested Oct. 28. He has cooperated with investigators and provided information on his and Hutto’s involvement in Kirk’s death, according to court testimony.
When detectives searched that residence at 1319 E. Miles Ave., they found a Taurus .38 Special revolver. The handgun matched the description of one that Booth said he took possession of Oct. 15, in exchange for two mopeds, in violation of his felony parole, according to federal court documents.
Hutto was arrested three days after Kirk’s body was found near Hayden Creek in the Coeur d’Alene National Forest.
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