NorthwestOctober 27, 2023

Batch of attempted murder, vehicular manslaughter cases advance in Nez Perce County

Kaylee Brewster Of the Tribune
Timothy Allen
Timothy Allen
Robert LaPlante
Robert LaPlante
Kelley Wilson
Kelley Wilson
Sandra McCarty
Sandra McCarty
William Clements
William Clements
James Brashear becomes emotional as he talks about his grandchildren during his testimony in his trial for first degree murder Wednesday at the Nez Perce County Courthouse in Lewiston.
James Brashear becomes emotional as he talks about his grandchildren during his testimony in his trial for first degree murder Wednesday at the Nez Perce County Courthouse in Lewiston.August Frank/Tribune
Kay Morrison
Kay Morrison
Kimberly Morrison
Kimberly Morrison
Woman charged for leaving body in overdose death
Woman charged for leaving body in overdose death
Edward Hochrein
Edward Hochrein
Eric Taylor
Eric Taylor
Brian Grimm
Brian Grimm
Ross
Ross

Several cases involving attempted murder and vehicular manslaughter had court hearings Thursday as the cases move through the judicial system.

Timothy Allen, of Kuna, pleaded not guilty to attempted first-degree murder and appeared by Zoom for an arraignment before 2nd District Judge Michelle Evans at the Nez Perce County Courthouse. He is in custody in Benewah County Jail.

Allen has been charged along with Robert LaPlante, of Clarkston, for allegedly striking and stabbing Loyal Otis Dickson Jr. on July 14. LaPlante has a jury trial scheduled for Feb. 20 after pleading not guilty earlier this month.

When Evans asked Allen how he pleaded, he replied “I plead not guilty, your honor.”

His public defender, Joseph Schumacher, asked for a status conference hearing Nov. 30.

The maximum penalty for attempted murder is 15 years in prison as well as a fine of $50,000.

A woman charged in the same incident, Kelley A. Wilson, of Clarkston, also appeared in court before Evans and entered a not guilty plea at her arraignment. She was released without bond Oct. 12 at the request of the Nez Perce County Prosecutor’s Office “in the interest of justice,” according to court documents.

Wilson was charged with being an accessory to attempted first-degree murder between July 14 and Oct. 2 for allegedly having knowledge that a felony was committed and willfully withholding or concealing that information from a peace officer.

Evans told Wilson that the maximum penalty was five years in prison as well as a $50,000 fine. Evans noted that previous court hearings had the maximum sentence at 15 years.

Wilson’s public defender, Randy Reed, asked for a status conference hearing that was set for Dec. 7.

Evans told Wilson to keep in contact with her attorney to keep updated on the status of her case.

Another woman who has been charged with attempted murder for allegedly trying to smother her father, Bob Whitlock, at the Idaho State Veterans Home in February also appeared before Evans.

Sandra McCarty, of Las Vegas, appeared by Zoom for a hearing that had been initially scheduled for a final pretrial hearing. But Deputy Prosecutor Kali Jo Parker noted that the hearing was vacated as the case is attempting mediation to come to a resolution without a trial, which had been scheduled for Nov. 27. Mediation is when attorneys, the defendant, and often victims of the case, meet with a judge to work out a plea agreement.

Evans said that the senior judges who help with mediating cases had a full schedule and she wasn’t able to schedule a mediation within McCarty’s speedy trial requirement.

McCarty was arraigned in June and a trial has to take place in six months to meet the speedy trial requirements. McCarty then waived her right to a speedy trial to allow time for mediation.

A status conference hearing was set for Dec. 7. The jury trial was also canceled.

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Another case, that of William L. Clements, of Lewiston, who has been charged with two counts of vehicular manslaughter, made his court appearance. He is charged with allegedly driving under the influence in October 2022 and causing a three-vehicle collision that killed Kim Michael Thompsen, 67, of Syracuse, Utah, and Troy Michael Thompsen, 40, of Meridian, Idaho.

Clements’ case has been in mediation since February. A special prosecutor was also assigned to the case after the Nez Perce County Prosecutor’s Office had a conflict of interest. An attorney can have a conflict of interest in situations where the representation could adversely affect another client. Lori Gilmore of the Clearwater County Prosecutor’s Office has been handling the case and appeared on Zoom at the hearing Thursday.

The case is in mediation and Gilmore is waiting for some evidence to work toward a resolution.

“There’s a lot of people hoping there can be some sort of resolution one way or another,” Evans said.

There were several people in court and on Zoom to hear an update on the case.

A status conference hearing was set for Nov. 30 for Clements.

While these cases had their hearings Thursday, several other cases regarding murder, attempted murder and manslaughter are also at various stages in the court system.

James Brashear will be sentenced for voluntary manslaughter Nov. 17. He was found guilty when a jury trial convicted him of the charge for shooting John Mast on Feb. 5, 2021, in the Rosauers Parking lot in Lewiston.

Kay Morrison and Kimberly Morrison were both charged for allegedly drugging and suffocating Kenneth Morrison, who was Kimberly Morrison’s father and Kay Morrison’s ex-husband, in January 2022.

Kay Morrison will have a preliminary hearing Nov. 3 to determine if there is enough evidence to charge her with first-degree murder. Her case was on hold as she received medical treatment after she was found unfit to stand trial. Her status was improved and a judge determined in September that her case could move forward.

Kimberly Morrison will be sentenced Dec. 14. She’s been originally scheduled to be sentenced Oct. 19. She pleaded guilty in May to voluntary manslaughter and destruction of evidence on amended charges from first-degree murder as part of a mediated plea agreement.

Jalene Powaukee has a jury trial scheduled for Nov. 20. She was charged with involuntary manslaughter for allegedly leaving Desmond G. L. Oatman in an alley in Lewiston where he later died in March 2022.

Edward Hochrein has a jury trial scheduled for Dec. 4. He is charged with attempted murder and burglary for allegedly attempting to kill Ryan Williams with a hammer at a homeless camp June 23 in Lewiston.

Eric Taylor has a status conference hearing Nov. 22 and the case is being mediated. He was indicted by a grand jury in April on charges of allegedly delivering fentanyl to Samantha G. Russell, who later died of an overdose in October 2022.

The case of Brian Grimm is also seeking mediation and is scheduled for a status conferring hearing Nov. 1. He is charged with attempted first-degree murder for allegedly attempting to run over his roommate, Michael Dranichak, three times with his car.

Richard Ross has a jury trial scheduled for Jan. 16 in a death penalty case. Ross is charged with the first-degree murders of 76-year-old Edwina “Eddy” Devin and her 57-year-old son, Michael Devin. The investigation shows Ross allegedly either smothered, strangled or inflicted violence on Eddy Devin at her Grangeville home the night of Sept. 30, 2021, then smothered or inflicted violence on Michael Devin early the next morning in Lewiston before burning his remains in Devin’s truck on Nez Perce Drive.

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

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