Video evidence shows travel to crime scene

It was the longest day in court so far for the first-degree murder trial of Demetri Ewing as jury members watched video surveillance and the defense had several objections that required the courtroom to be cleared of jurors.

The fifth day of the trial began at 9 a.m. and went until 4:35 p.m. Friday. It started with a 20-minute delay over the autopsy photos of Samuel Johns before the jury entered.

Second District Judge Jay Gaskill recessed to consider the motions. After a few minutes, Gaskill approved seven photos and denied five photos from being shown to the jury.

The trial also took longer Friday because jurors were shown a video about 20 minutes long of two individuals traveling to and from the crime scene in Clarkston. The prosecution argued those in the video are 17-year-old Demetri Ewing and his father, Clyde Ewing, who are charged with the murder of Samuel Johns on Jan. 8, 2021. Demetri Ewing was 16 years old when he was charged.

Brian Birdsell, who is the police system coordinator at the Lewiston Police Department, compiled surveillance video from the path between the Hacienda Lodge in Clarkston and the Johns residence in Lewiston, piecing it together chronologically using time stamps on the video footage. In the compilation, Birdsell also includes maps showing direction of travel and where the cameras were located, and images of the businesses and homes from which he pulled footage.

One of the cameras was of the Lewis Clark Hotel in Lewiston depicting a “mass,” as described by Birdsell, passing in front of lights on the levee. Even though what caused the disruption of lights couldn’t be determined in the video, Birdsell argued that other footage indicated that the direction of travel by bicyclists from Clarkston would’ve had to continue on the levee because any other direction would have been picked up by other cameras and no other bicyclists were seen at that time. This video footage was objected by defense attorney Greg Rauch and overruled by Gaskill to be shown to the jury in the compilation video.

Birdsell’s compilation video also showed footage from the home of Daniel Santiago, who works for the city of Lewiston in the Information Technology department. His addition to the compilation video was contested because of his lack of credentials in forensic analysis when he provided Lewiston police with filtered and unfiltered audio files from his home camera. Santiago lives a couple of houses from the Johns residence. Gaskill admitted the evidence after Nez Perce County Prosecutor Justin Coleman argued that Santiago received approval from the court order to allow the evidence.

The compilation video begins at the Hacienda Lodge in Clarkston showing bicyclists who then go past Columbia Bank, entering Lewiston from the Interstate Bridge, then traveling on to the levee as depicted in the Lewis Clark Hotel video before going up 18th Street, then onto Ninth Avenue and finally onto Seventh Avenue. The Johns residence is located at 1706 Seventh Ave.

In the video provided by Santiago, nothing is seen, but the sound of two gunshots can be heard. Moments later, voices can be heard but the words are unintelligible.

The two individuals then left by a different route, going westbound on Seventh Avenue to Del Sol Lane, then again past the Lewis Clark Hotel and into Clarkston past Columbia Bank and returning to the Hacienda Lodge as seen in the surveillance video.

The videos in the compilation had various quality and distance from the bicyclists. Birdsell admitted the height and gender of the people were unable to be determined.

However, Birdsell did confirm that one of the bicycles seen in the footage had two reflectors on the wheels whereas the other only had one, which was similar to bicycles found at the Ewings’ motel room.

Birdsell also testified concerning images that were found on Clyde and Demetri Ewings’ phones depicting a shotgun, pistol and two cans of bear mace. The photos also had geolocation coordinators that showed the photo was taken at the Hacienda Lodge on Jan. 3, 2021. The photos were shown to the jury over the objection of the defense. However, during cross examination, Birdsell said the photo on Demetri’s phone was sent to him, not taken with the phone.

Joseph Stormes, another detective on the case, also testified. He confirmed other testimony concerning evidence found at the crime scene including footprints, electrical tape, a Walmart bag and zip ties. In one of the zip ties held together with electrical tape was a strand of hair that was collected separately and sent to a lab for testing.

Stormes also testified that he found bicycle tracks in the frost heading west on Eighth Avenue. However, Stormes said the tracks weren’t sent to labs for analysis to identify the bicycles.

Stormes also conducted the interview of Debra Moffat, Johns’ mother, who died in May 2021. In a video of the interview, Moffat tells Stormes she was awakened by someone telling her to put her face in the bed where she was sleeping in the living room. Moffat said the voice wasn’t a woman’s voice. “Nope, it was a youngster,” she said. “It didn’t sound female to me.” She said she heard a “pop pop” then saw Johns lying on the ground.

“I didn’t see anything except my son on the floor bleeding out,” she said, her voice shaking.

During Stormes’ testimony, the defense objected over the findings of shotgun shells at the scene of the crime, similar to ones found in the Ewings’ motel room. Rauch successfully argued that it was not relevant to the case because a shotgun was not used in the murder and it would confused the jury. Gaskill agreed and denied the mention of the evidence at the crime scene.

Jurors also heard from experts in the autopsy of Johns and firearm analysis of the shell casing found at the crime scene and at the Hacienda Lodge.

Dr. Jennifer Nora, a deputy medical examiner from Spokane County, testified to the autopsy of Johns. She said there were two bullets that entered the body. One entered the left lower neck and went through the jugular and carotid arteries, windpipe and lungs before exiting the right upper back. These injuries caused a large amount of bleeding, blood in the lungs and difficulty breathing. The second gunshot hit the upper lip before striking the cervical spine at the neck, the spinal cord and exiting at the back of the neck. These injuries caused Johns to drop to the ground immediately, causing paraplegia and hemorrhaging of the neck. Nora said both gunshots were fatal.

While the trajectory of the bullet came from a downward position, Nora said she was unable to determine the height of the person who shot Johns because she wasn’t sure of Johns’ position when he was shot.

Britany Wylie, a forensic scientist for Idaho State Police Forensic Services, testified on the two shell casings found at the crime scene and one found in a backpack at the Ewings’ residence. Her analysis concluded they were fired from the same firearm.

However, she wasn’t able to determine the type of firearm, but did conclude the shell casings were from a 9 mm bullet.

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