Strong arm burglary defendants to stand trial together

COEUR d’ALENE — A Coeur d’Alene judge signed a request Tuesday by prosecutors to combine two strong-arm burglary cases into one jury trial.

First District Judge John Mitchell agreed with Kootenai County prosecuting attorneys who asked to join the cases of two co-defendants in a Post Falls burglary in which the victims were injured.

Matthew J. McCoy, 31, pleaded not guilty a week ago to four felonies including criminal conspiracy, two counts of battery with intent to commit serious injury, and burglary. He will be tried together in March with Jared R. Allen, 21, according to Mitchell’s ruling.

Allen, who pleaded not guilty Tuesday, is charged with the similar felonies stemming from the same incident.

The two were arrested Dec. 1 when police investigated a fight at a Post Falls residence where witnesses said the men entered the victims’ residence without permission and demanded money. The occupants of the house, an adult and a 10-year-old girl, were injured when a fight broke out. Post Falls police said neighbors heard the commotion and broke up the fight before McCoy and Allen fled the scene. The victims, including the child, received significant injuries and were treated at Kootenai Health.

“We’re talking pretty extensive injuries,” deputy prosecutor Art Verharen said at an earlier hearing. “I’m not sure he can hear out of one of his ears yet.”

Verharen asked Mitchell Tuesday to join both cases for a March trial, but Allen’s defense counsel argued that his defendant wasn’t involved in injuring the girl.

Linda Payne, who represents McCoy said one of the defendants had confessed to an aspect of the case that the other denied being a party to, and therefore the cases should take separate paths.

Arguing to join the cases, deputy prosecutor Jed Whitaker said the facts are too similar to try the cases separately.

“It’s a super strong case with very similar facts,” Whitaker said.

Because defense attorneys didn’t articulate why joining the cases would prejudice either defendant, Mitchell decided they should be tried together.

“I’m not hearing a real prejudice,” Mitchell said. “I’m hearing the possibility of muddying the waters, but muddying the waters is not the standard.”

Mitchell said attorneys can file a motion later to separate the cases.

If sentenced consecutively the maximum penalties for the four charges are life in prison plus 50 years, and a $200,000 fine.

Mitchell cleared his calendar for a 5-day jury trial beginning March 19 and warned attorneys the trial will proceed at that time, unless a plea agreement is reached.

“There will be no continuance,” he said.