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Two inmates convicted in beating death of fellow inmate at WSP

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Old 10-11-2007, 12:16 PM   #1
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Two inmates convicted in beating death of fellow inmate at WSP

Pair guilty in inmate death | Walla Walla Union Bulletin

Michael Elmore and Victor Doty were convicted Monday of first-degree manslaughter for the beating death of Kevin Achartz.

By Andy Porter of the Union-Bulletin

Two Washington State Penitentiary inmates escaped murder convictions Monday after being found guilty of lesser charges.

A jury convicted Michael Elmore, 23, and Victor Doty, 27, of first-degree manslaughter for the beating death of a fellow inmate last November. Deliberations lasted slightly over two hours after jurors received the case just before noon.

Elmore and Doty had been charged with first-degree murder in the death of Kevin Achartz, 40, who was serving a life sentence after a 2005 conviction for exploitation of a minor.

Although jurors considered those charges, they could not agree on a verdict or on convictions for second-degree murder. Jury instructions allowed them to consider the lesser charges of first-degree manslaughter as well as second-degree manslaughter.

Under state law, a manslaughter conviction means the jury found Elmore and Doty didn't intend to kill the victim, but recklessly caused his death.

Walla Walla County Superior Court Judge Donald W. Schacht did not set a sentencing date. Because Elmore's attorney requested a presentencing report while Doty's attorney did not, the two men will probably be sentenced at different times, Schacht said.

According to county Prosecuting Attorney Jim Nagle, Doty faces a standard sentencing range of 10 years to 12 years. Due to Elmore's longer criminal history, he faces a sentencing range of 17 years to 23 years and four months.
*
The trial, which began Wednesday, resumed Monday with closing arguments by Deputy Prosecuting Attorney Joe Golden and defense attorneys Michael de Grasse and Gail Siemers.

In their statements, de Grasse, who represented Elmore, and Siemers, representing Doty, did not dispute evidence that showed the men committed the assault, but argued that the state had failed to prove either was guilty of premeditated murder.

De Grasse argued, ``The state has simply overplayed its hand, and you, the jurors, are the only restraint on the conduct of the government in this case.''

``A beating did occur, not a killing,'' he said later.

But in Golden's closing arguments, he said the defendants' intent to murder was clear from pains they took to plan the attack and the intensity of the assault.

If Elmore and Doty had only intended to commit a ``drive-by'' assault, they could have slipped into and out of Achartz' cell quickly, but they didn't, Golden said.

Instead, the two men spent more than an hour attacking Achartz, kicking him repeatedly in the head and chest as he lay in his bunk.

``They continued to beat him whenever he showed any signs of life,'' Golden said.

After the trial, de Grasse declined comment and said he did not know at that time if he would file an appeal.

Siemers said ``We were very happy with the verdict.'' She expects to file an appeal for Doty in the case.
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Old 10-11-2007, 05:51 PM   #2
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Re: Two inmates convicted in beating death of fellow inmate at WSP

Damn dude, I work there and I didn't know this was over.
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Old 10-12-2007, 12:01 PM   #3
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Re: Two inmates convicted in beating death of fellow inmate at WSP

Quote:
Originally Posted by robeans View Post
Damn dude, I work there and I didn't know this was over.
That's why a communication network such as this forum is so valuable...we don't hear nearly enough through any official channels. Management provides very little information, the Union provides even less.
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Old 10-31-2007, 10:42 PM   #4
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Re: Two inmates convicted in beating death of fellow inmate at WSP

They both just got 12.5 years for beating another inmate to death.

BTW, Doty would have been released already if he hadn't done this.
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