Moscow shooting suspect's gun misfired at Arby's

MOSCOW - John Lee's gun misfired the first several times he pulled the trigger Saturday as he allegedly gunned down 47-year-old Moscow resident Belinda Niebuhr.

Niebuhr, 47, the Moscow Arby's manager, was reportedly asked for by the 29-year-old man when he entered the restaurant at about 2:39 p.m., according to an affidavit by Moscow Police Officer Bill Shields. Witnesses said they saw Niebuhr speaking with Lee, who reportedly asked, "Do you remember me?" before pulling a pistol out of his pocket and shooting her, according to court documents released in a fugitive complaint filed in Whitman County.

Niebuhr dove through the fast-food restaurant's drive-through window in an attempt to escape, but was followed outside by Lee, who allegedly shot her several more times, according to the affidavit. Court documents indicate Niebuhr was found by police in the restaurant parking lot on Peterson Drive with multiple gunshot wounds. She was transported to Gritman Medical Center in Moscow, where she was pronounced dead.

Niebuhr was one of four people Lee allegedly shot Saturday afternoon at three different locations in Moscow before leading police on a high-speed chase through Whitman County. He was apprehended south of Steptoe on U.S. Highway 195 after his black 2009 Honda Fit left the roadway and rolled several times. He was taken into custody by Pullman police following the pursuit and is being held at the Whitman County Jail on a felony eluding charge.

Moscow Police Chief David Duke said police are still trying to determine a motive for the series of shootings that killed three and left another critically injured. Investigators are also continuing to have conversations with those who knew Lee, who is originally from Moscow and changed his name from Kane W. Grzebielski.

"Nothing at this point, specific," Duke said.

The Lewiston Police Department has been asked to assist with computer forensics to search a computer that was found in Lee's vehicle that might provide a motive. Duke said there is no guarantee the laptop will provide any insight as to the reason for the shooting spree.

Police are also still working to assemble a timeline for the shootings. Investigators know the first incident was reported to them at 2:31 p.m. at a Northwestern Mutual office, located in an apartment building at 303 E. Third St., before the shooting was reported at Arby's. A third location, on the 400 block of Veatch Street, was found afterward.

The first shooting was reported by 39-year-old Michael M.M. Chin of Seattle, who was in the Northwestern Mutual office when "a heavyset Asian male" walked in and began firing, according to the affidavit. Chin was meeting with Moscow resident David M. Trail, 76, who was Lee's landlord, when Lee allegedly entered the office. Court documents indicate Trail was shot first and sustained multiple gunshot wounds.

Lee then left the office and Chin hid under a desk before the alleged shooter returned and shot Chin, then again fired on Trail several more times, according to court documents. Trail was taken to Pullman Regional Hospital where he was pronounced dead. Chin sustained gunshot wounds to his left arm and left leg and has been taken to a Spokane hospital for treatment.

Duke said police are continuing to investigate the shootings and intend to speak with Chin again to ensure they have collected all he recalls from the shooting. The police chief said officers are holding off interviewing Chin until he has a chance to recover.

Police believe the first shooting occurred at the residence on Veatch Street, which is the home of Lee's adoptive parents, Terri and Jerry Grzebielski.

Terri Grzebielski was found dead at her home from gunshot wounds when police arrived to do a welfare check, according to court documents. Shell casings for a 9 mm gun were reportedly found at the home. Jerry Grzebielski had left the residence at about 1:30 p.m. and his wife was the only one home when the shooting occurred, Duke said.

Duke said police plan to put in a request to interview Lee with his attorney, Steve Martonick of Pullman. Latah County Magistrate John C. Judge issued an arrest warrant for Lee Saturday after Prosecutor William Thompson Jr. filed a criminal complaint charging Lee with three counts of first-degree murder and one count of attempted first-degree murder.

Lee is awaiting a preliminary hearing regarding extradition back to Idaho, set for 3:30 p.m. Friday in Whitman County Superior Court before Judge David Frazier. He is also set to enter a plea to the felony eluding charge.

Whitman County Prosecutor Denis Tracy said earlier this week he intends to resolve the Washington case before sending Lee back to Idaho, which he anticipates could take about two months.

Thompson said Tuesday that it's typical practice to resolve local charges first when the case involves a fugitive from another state. Latah County is also awaiting to hear if it needs to initiate the formal extradition process to return Lee to Idaho. If a formal extradition process is required, Lee could be held in Whitman County for up to 30 days.

"I don't anticipate it would have any effect at all (on Latah County's case)," Thompson said.

Thompson said his office and officers investigating the shootings from both counties are working to keep one another informed on what is happening in their respective jurisdictions. Autopsies were performed on the victims Monday, but information filed in Latah County is sealed until the arrest warrant is returned - a stipulation of court administrative rules implemented by the Idaho Supreme Court.

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Rudd may be contacted at erudd@lmtribune.com or (208) 791-8465. Follow her on Twitter @elizabeth_rudd.