This is a discussion on GOOD: Fatal Shooting Ruled Self-Defense - Longview, WA within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; The Daily News Online > Area News > Fatal Longview shooting ruled self defense Saying the case was simply too weak to take to trial, ...
The Daily News Online > Area News > Fatal Longview shooting ruled self defense
Sounds like an ugly situation all the way around.Saying the case was simply too weak to take to trial, prosecutors on Thursday dropped all charges against Kevin Welsh — who fatally shot a Longview man in September after their wives got into a fight.
The case was difficult from the start, and recent DNA and other forensic evidence meant it was unlikely Welsh would be convicted, said Cowlitz County Prosecuting Attorney Sue Baur. Instead, the evidence actually bolstered Welsh’s self defense claims, she said.
Welsh, 45, had been released on bail pending his trial and now is free of any restrictions or requirements,
Baur said she warned Daniel Archie Milloy’s family several times that the case was weak and it just got weaker as more evidence came in. Still, family members said they were outraged the charges were dropped, adding that Milloy’s wife, Korena, had a breakdown in court yesterday when she learned of the decision during a status review of the case.
“I think they ought to fire the whole bunch of them,” Ed Lane said of the prosecutor’s office. Lane is Korena Milloy’s father. “I was very angry and I don’t trust our system anymore. ... If you have money in Cowlitz County you can do anything you want.”
Baur said money had nothing to do with the decision, adding it’s her job to decide which cases can withstand trial.
“It’s not that I believe this was self defense one way or the other,” Baur said. “It’s that he has an overwhelming argument and the fact that negates our case. ... This would have come to light no matter who was the defendant, no matter who was the victim and no matter who was the defense attorney.”
Neither Welsh nor his attorney could be reached for comment Thursday. Both maintained from the start that the shooting was a clear case of self defense.
Baur said she took criticism for charging Welsh before all the evidence was in and knows she’ll take heat for now dropping the charges. Still, she defended her office’s actions based on the information they had at the time.
“He shot him three times, it’s a very difficult case,” she said. “And in a sense perhaps we gave (Korena Milloy) false hope by filing. It was a weak case and now it’s even weaker. ... And she is extremely upset but I think she understands that.”
The shooting happened Sept. 1 at the Del Ray II mobile home park, 5516 Mount Solo Road, Longview.
According to police and court records, here’s what led to the shooting:
Trouble began when Welsh’s wife, Kim, yelled a slanderous remark at Korena Milloy while the Milloys were entering Korena Milloy’s parent’s mobile home. The Welshes live in the same mobile home park as Korena Milloy’s parents. Kevin Welsh and Daniel Milloy, 42, had words and Kevin Welsh then pulled a pistol and threatened to shot Daniel Milloy.
Daniel Milloy returned to his in-laws’ home, but Korena Milloy was still upset and went to the Welsh trailer where Kim Welsh struck her with a baseball bat. Daniel Milloy went in after his wife, followed by Kevin Milloy who had retrieved his gun.
Korena Milloy said her husband was trying to protect her and pulling her off of Kim Welsh. Welsh told police he shot Daniel Milloy after he saw his wife’s bloody face and Daniel Milloy moved toward him. Korena Milloy and her parents said he also pointed the gun at them.
Kevin Welsh was charged with second-degree murder and four counts of second-degree assault and pleaded not guilty.
As DNA evidence came back from the state crime lab, investigators found Kim Welsh’s blood on Daniel Milloy’s hand, which helped Welsh’s self-defense case. Korena Milloy contends the blood was transferred when her husband separated the two women, but Baur said there’s no way to prove that with conflicting versions of the altercation.
Justifiable homicide occurs when the shooter reasonably believes the deceased meant to inflict great personal injury to themselves or their spouse, according to a press release from the Baur’s office. “Additionally, the shooter is allowed to act on appearances in defending themselves or another and a mistaken belief in the appearance of danger is immaterial.”
Korena Milloy also said Kevin Welsh pointed the gun at her and pulled the trigger, but it misfired and made a loud click. Firearms experts found no evidence of a misfire, Baur said. And, with both Korena Milloy’s parents in ill health, she was told they wouldn’t be able to testify about Kevin Welsh pointing the gun at them.
Ed Lane said his wife was recently diagnosed with terminal cancer, adding another blow to his daughter. She’s receiving counseling but “is having a terrible time,” with everything, he said.
“It’s been a bad, bad year all around,” Ed Lane said.
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Sounds like don't escalate an argument and enter somebody elses trailer.Yep all our rich people live in trailer courts tooIf you have money in Cowlitz County you can do anything you want.”
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