Attorney challenges death penalty, citing changes in Idaho law

Second District Judge Mark Monson granted a motion to challenge the death penalty for Richard Ross that cited Idaho’s new law on firing squads as a method of execution as the reason for objection. 

Monson made the decision at a motion hearing Tuesday at the Nez Perce County Courthouse, where attorneys appeared by Zoom, and also granted the release of property to Ross.

Ross, a 57-year-old former Grangeville resident, is facing the death penalty and a first-degree murder charge for the death of his former brother-in-law Michael Devin, and Devin’s mother, Edwina “Eddy” Devin. 

In the motion filed by Ross’ attorney, public defender Anne Taylor, she requested that the court allow the challenge to the death penalty in addition to other challenges that have been filed. 

“This motion is made on the grounds that Idaho is adopting the firing squad as an alternative method of execution and Mr. Ross intends to file challenges to Idaho’s new statue,” according to court documents. 

The prosecution represented by Nez Perce County Chief Deputy Prosecutor April Smith didn’t object to Monson granting the challenge. 

The case is also being mediated today by Senior Judge John Luster. Mediation is a voluntary process where a neutral third party, in this case Luster, helps the prosecution and defense come to a resolution and agreement. Some issues that can be referred to in mediation include reduced charges, agreements of sentencing and restitution. Mediations are confidential. 

Ross is charged in the case that began when Eddy Devin’s body was found in her home in Grangeville Sept. 30, 2021, and the next morning first responders found the remains of Michael Devin inside a burning pickup truck in Lewiston. Both were strangled and had duct tape on their faces. 

Ross is also the lead suspect in the strangulation deaths of Bruce and Lynn Peeples, who died in their home in Grangeville in 1994. He hasn’t been charged in the case, but it was reopened. 

The Nez Perce County prosecutor’s office filed a notice in District Court seeking the death penalty in February 2022. According to previous reporting in the Tribune, the death penalty notice in the Ross case cites that the alleged murders took place while another crime was being committed, such as a burglary, arson and kidnapping, and that the killing was with “reckless indifference to human life.” Therefore, Ross was a continuing threat to society. 

According to Idaho’s death penalty rules, an attorney with experience representing defendants in felony cases and selected from the Idaho State Public Defense Commission Public Defender roster has to be appointed as representation. The defendant also is required to have at least two qualified trial attorneys, including a death penalty-certified attorney. Taylor is the chief public defender in Kootenai County and has the death penalty certification. She is also handling the case of Bryan Kohberger, who is charged with first-degree murder in the deaths of four University of Idaho students.  

The Idaho legislature passed a law in March allowing death by a firing squad as a method of execution if no lethal injection drugs are available. Drugs for lethal injection have been harder for states to obtain from pharmaceutical companies, which can delay executions. 

As the case has moved through the court system, Ross had declined to participate in a competency evaluation hearing to determine if he was able to assist in his defense and waived his right to a preliminary hearing. According to the probable cause affidavit, he was planning to turn himself in and die in a “suicide by cop” by pulling a weapon in front of officers before family members notified law enforcement and he was arrested without incident. 

Ross has pleaded not guilty to the charges and he is being held without bond. 

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.