By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – As the trial for John Allen Booth Jr. nears from last summer’s triple homicide, lawyers and a judge met to plan out some of the details that could keep jurors occupied for as long as two weeks.
John A. Booth Jr.
They postponed the trial until the end of August when they met on Friday in Lewis County Superior Court, and the Lewis County Prosecutor’s Office downgraded some of the charges.
The 31-year-old defendant’s attorneys said they can’t be ready for May 16, since they still haven’t received all the materials from the prosecutor.
“We need more time,” Olympia attorney James Dixon said outside the courtroom.
“They haven’t got all the evidence to us,” his co-counsel Roger Hunko said.
Booth is charged in the August 21 shootings of four people inside a Salkum-Onalaska area home. Detectives believe the visit was related to a drug debt collection.
Lewis County Chief Criminal Deputy Prosecutor Brad Meagher told the judge he expects the trial will last a week to 10 days.
Meagher also told the court he reduced Booth’s extortion charge to attempted extortion, since the victim died and it wasn’t carried out.
Meagher also removed the aggravating factors in the deaths of David J. West Jr., 16, and Tony E. Williams, 50, of Randle, he said. He didn’t go into detail about the reason for the change.
Booth is now charged with straight first degree murder of David Jr. and Williams. He remains charged with second-degree murder of David West Sr., 52, attempted murder of Denise Salts, 51, and unlawful possession of a firearm.
The charges are virtually the same ones filed in late August, but prosecutors had upgraded them about a month later, putting the prospect of the death penalty on the table.
On that topic, Lewis County Superior Court Judge Richard Brosey said Friday he will allow Booth to continue to be represented by two court-appointed attorneys, even though it is no longer a potential death penalty case. Brosey indicated he would leave it that way for now, out of caution to avoid an appeal.
Meagher asked Brosey to inquire if defense counsel would bring up marital privilege with a witness, since Booth “managed to get himself married after the last hearing.”
Booth, a former Onalaska resident who was released from prison in December 2009, was married in a religious ceremony in June to Shawna Trent. They had not yet undergone a civil ceremony before he was arrested. She is listed as a witness.
No details about exactly where and when the two were wed were offered on Friday.
Booth and 29-year-old Ryan J. McCarthy, were in front of Judge Brosey two weeks ago when the judge denied the prosecution’s request to consolidate two cases into one trial.
McCarthy is charged with first-degree murder in the same three deaths. His trial is scheduled for the week of Oct. 10.
Booth’s trial is now set for the week of August 29.
The court set aside a separate day for pre-trial hearings in early August.
In the order set forth on Friday, Booth’s attorneys note his defense will be general denial, self defense, defense of others.
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Read background on the case:
• “West Sr. pointed shotgun telling pair of ex-cons to leave his house, triggering triple homicide, unsealed court documents allege” from Saturday Sept. 4, 2010 here
• “Unsealed document: More details on Salkum slayings” from Monday Sept. 6, 2010 here
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