Suspect refuses to enter plea

By RALPH BARTHOLDT

Staff Writer

A judge was forced to enter a plea on behalf of accused killer Justin R. Booth after the defendant refused to enter a plea at his arraignment Monday in Coeur d’Alene’s First District Court.

When District Judge Scott Wayman asked Booth how he pleaded to charges of first-degree murder for the death of William “Bo” Kirk, as well as robbery, second-degree kidnapping, arson and being a felon in possession of a firearm, Booth spoke through his attorney.

Defense attorney Anne C. Taylor said her client chose to stand silent in regard to the charges, prompting Wayman to enter a not guilty plea on Booth’s behalf.

By choosing to stand silent, Booth followed in the footsteps of his co-defendant, David E. Hutto, who was convicted last month for his part in the murder.

According to prosecutors, Booth, a convicted felon on parole for robbery, burglary and theft, joined forces with Hutto when the men kidnapped Kirk last fall from his Coeur d’Alene driveway in a development south of Prairie Avenue along Ramsey Road. Hutto and Booth allegedly stole Kirk’s pickup truck, his debit cards, bound him with zip ties and drove him into the forest to kill him.

Surveillance cameras on the night of the incident showed two people in Kirk’s stolen 2015 GMC pickup withdrawing cash from Kirk’s account at bank drive-throughs in Dalton Garden and Hayden.

Later that night the truck was found burning on Rimrock Road north of Hayden. Kirk’s body was discovered three days later in the Coeur d’Alene National Forest near Hayden Creek. He had been shot to death from behind, authorities said.

Hutto, at his arraignment in November chose to stand silent when asked — also by Wayman — how he pleaded to the charges of first-degree murder, arson, kidnapping and robbery. His attorney, public defender Chris Schwarz, informed the judge, who then entered a not-guilty plea on Hutto’s behalf.

In the brief arraignment Monday at the Juvenile Justice Building, the former federal courthouse in downtown Coeur d’Alene, Wayman read Booth his rights and, after entering a not-guilty plea for the defendant, the judge asked both attorneys how long they expected a trial would last.

Deputy prosecutor Rebecca Perez said she expected to present evidence in seven to eight days, while Taylor expected the defense to present its case within about the same time frame.

“That would make it a four- to- five-week trial,” Taylor said.

Taylor asked the court to allow her to get copies of grand-jury transcripts involving Hutto and Booth. Because the trial date will likely be set more than six months out, Booth waived his right to a speedy trial.

Wayman said he would set the trial date when all parties settled on a time.

“I will send out notice of a trial date as soon as we can find some dates,” he said.

Booth faces a life sentence for murder and robbery if he’s convicted, a 25-year prison sentence for the kidnapping charge and five years for the firearm charge.