Trial date for Kirk killing suspect set

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Booth

The second man accused in the October 2016 killing of William “Bo” Kirk will have a two-week jury trial this spring.

Justin Roy Booth’s trial is scheduled to begin April 24 in Coeur d’Alene’s First District Court.

He has pleaded not guilty to charges of murder, kidnapping, robbery, arson and for being a felon in possession of a firearm.

District Judge Scott Wayman set a two-hour pretrial conference March 26, and will hear motions Thursday from attorneys, including a motion to suppress evidence obtained during Booth’s confinement in jail, a motion for defense attorney Jed K. Nixon to obtain a copy of the sealed evaluation of co-defendant David E. Hutto, and a motion to forbid prosecutors from using character evidence against Booth.

Booth, 37, was charged last April, less than two weeks after Hutto was convicted and sentenced to three life sentences without a chance for parole for his role in Kirk’s murder.

According to prosecutors, Hutto and Booth, a convicted felon on parole for robbery, burglary and theft, kidnapped Kirk from his Coeur d’Alene driveway in October 2016. The men stole Kirk’s debit card, bound him with zip ties and drove him into Coeur d’Alene National Forest to kill him.

Kirk’s body was discovered three days later along Hayden Creek Road. Authorities said he had been fatally shot in the back.

Nixon was appointed in September as Booth’s counsel after his previous attorney, citing a heavy caseload, requested to withdraw from the case.

Nixon also asked to extend the deadline for motions, which prosecutors argued will stymie the case’s momentum, possibly delay the trial, and burden the state.

“The victims in this case are anxious and prepared to move forward,” deputy prosecutor Rebecca Perez argued in her response. “Many witnesses both civilian and law enforcement, are preparing to go to trial in the coming months. The state will be prejudiced by further delays.”

The schedule was agreed on by attorneys and the court last fall.

Nixon said he was concerned that he had not received all the discovery documents, and that he needs more time to review the reports he has received.

Thursday’s hearing is scheduled at 3 p.m. Booth is being held in the Kootenai County Jail on a $2 million bond.

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