GUILTY MT - Sherry Arnold, 43, Sidney, 7 Jan 2012 - #3

[Indy Anna]

I don't remember seeing this posted yet:
http://bismarcktribune.com/news/sta...cle_53612d5e-4218-11e1-a124-001871e3ce6c.html

The first legal document filed in the case came on Jan. 17 in Sidney City Court, four days after the men's arrest. Sidney Deputy Police Chief Robert Burnison filled out citations for Waters and Spell to appear in city court on the felony charge, which carries the death penalty.
The form citations, usually used for traffic tickets or other municipal infractions, provide a location of the alleged crime -- 900 East Holly St. -- and the Montana criminal code number for aggravated kidnapping. The forms do not include any information related to evidence that supports the charges, known as "probable cause."
The documents order Waters and Spell to appear before Sidney City Judge Gregory Mohr on Jan. 24 at 2 p.m. That court date is likely to change.

In an unusual action, the notices to appear that were issued to Waters and Spell were replaced the same day they were filed by criminal complaints also filed in Sidney City Court. The subsequent legal documents also contain no affidavits from law enforcement supporting the criminal charges.
Once a felony criminal case reaches District Court, prosecutors are required to provide a probable cause affidavit that explains the reasons for the charges. Often, such affidavits are also filed in Justice Court when a defendant makes an initial appearance.
In this case, none of the charging documents contains any information explaining the basis for the charges.

 

[writer7]

I don't remember seeing this posted yet:
http://bismarcktribune.com/news/sta...cle_53612d5e-4218-11e1-a124-001871e3ce6c.html

Those are very interesting! If they got a tip that quickly that led them to these men, I'm confident they have something for court, but wow.

I keep wondering whether the aggravated kidnapping could refer to taking an injured victim of a hit and run. You would think so, except for the 'aggravated' part, but OTOH, it's so likely to end in death that it's pretty darned aggravated.

Here is something interesting on that:

Montana Code Annotated 2011: 45-5-303. Aggravated kidnapping. (1) A person commits the offense of aggravated kidnapping if the person knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force, with any of the following purposes:

(a) to hold for ransom or reward or as a shield or hostage;
(b) to facilitate commission of any felony or flight thereafter;
(c) to inflict bodily injury on or to terrorize the victim or another;
(d) to interfere with the performance of any governmental or political function; or
(e) to hold another in a condition of involuntary servitude.
(2) Except as provided in 46-18-219 and 46-18-222, a person convicted of the offense of aggravated kidnapping shall be punished by death or life imprisonment as provided in 46-18-301 through 46-18-310 or be imprisoned in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, unless the person has voluntarily released the victim alive, in a safe place, and with no serious bodily injury, in which event the person shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $50,000.


-- any felony or flight thereafter; -- Well, that would fit, because the charges for Waters would be a felony, right? Assuming it was a drug or alcohol-caused collision (hypothetical!)

-- to inflict bodily injury on -- If someone took a hit and run victim with no intention of getting medical care for them, that's inflicting bodily injury on, isn't it? If they were trying to prevent the victim from receiving medical care, doesn't that count? (also hypothetical!)

I think I'm still leaning toward a drugged/drunken hit and run, with kidnapping to cover it up with no regard for whether the injuries could have been treated. IMHO.

 

[TxLady2]

I don't remember seeing this posted yet:
http://bismarcktribune.com/news/sta...cle_53612d5e-4218-11e1-a124-001871e3ce6c.html

So they know the location of where she was kidnapped... probably because of the shoe. I am thinking that because of the tip, there could also be a witness who could have given them a license plate number.
If I am not mistaken, LE made the statement that she was dead fairly quickly, so there had to be a good reason to believe that. I wouldn't think a confession would be enough. Wish we knew what it was. Once they are back in MT, I hope they can help LE find her body. They must have some idea even if they're not familiar with that territory.

 

[Elley Mae]

I just thought about the "third" possible person that posters here have brought up and wonder if that is the "tip".

just can't imagine how LE knows she dead and seemed to know as the two where arrested in two states, weird.

 

[daisy.faithfull]

those are very interesting! If they got a tip that quickly that led them to these men, i'm confident they have something for court, but wow.

I keep wondering whether the aggravated kidnapping could refer to taking an injured victim of a hit and run. You would think so, except for the 'aggravated' part, but otoh, it's so likely to end in death that it's pretty darned aggravated.

Here is something interesting on that:

Montana code annotated 2011: 45-5-303. Aggravated kidnapping. (1) a person commits the offense of aggravated kidnapping if the person knowingly or purposely and without lawful authority restrains another person by either secreting or holding the other person in a place of isolation or by using or threatening to use physical force, with any of the following purposes:

(a) to hold for ransom or reward or as a shield or hostage;
(b) to facilitate commission of any felony or flight thereafter;
(c) to inflict bodily injury on or to terrorize the victim or another;
(d) to interfere with the performance of any governmental or political function; or
(e) to hold another in a condition of involuntary servitude.
(2) except as provided in 46-18-219 and 46-18-222, a person convicted of the offense of aggravated kidnapping shall be punished by death or life imprisonment as provided in 46-18-301 through 46-18-310 or be imprisoned in the state prison for a term of not less than 2 years or more than 100 years and may be fined not more than $50,000, unless the person has voluntarily released the victim alive, in a safe place, and with no serious bodily injury, in which event the person shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined not more than $50,000.


-- any felony or flight thereafter; -- well, that would fit, because the charges for waters would be a felony, right? Assuming it was a drug or alcohol-caused collision (hypothetical!)

-- to inflict bodily injury on -- if someone took a hit and run victim with no intention of getting medical care for them, that's inflicting bodily injury on, isn't it? If they were trying to prevent the victim from receiving medical care, doesn't that count? (also hypothetical!)

i think i'm still leaning toward a drugged/drunken hit and run, with kidnapping to cover it up with no regard for whether the injuries could have been treated. Imho.

My emphasis added in violet because original post included emphasis in bold.

IMO I really see those as being likely scenarios.

Given that both have histories with substance abuse/use either one could have been driving impaired, not seen Sherry and hit her.

It seems like both may have a criminal mindset that when faced with an accident they aren't going to step up to take responsibility for hurting/killing Sherry or any illegal behavior they were engaging in before they hit her.

Water's even has a history of hit and run and DUI.

But then, on JVM's show on 1.16 a former FBI agent was on the show who said this:

Steve Moore: (former FBI agent)
He thinks that LE is saying that Sherry is dead based on statements that the suspects have made. The fact that they are looking for old growth trees, dead trees would indicate to him that they have some physical evidence, in the soles of their shoes, things that the FBI lab has analyzed so they can match it to the type of tree and where it would be in the area. Witnesses say large trees, but when you are looking for old growth trees, witnesses don't say that evidence says that.

That they are charged with Aggravated Kidnapping says they do not believe the accident theory because it means that a person is "kidnapped for a later purpose". "The crime that aggravated it happened after, not before."

(http://www.websleuths.com/forums/showpost.php?p=7520218&postcount=529)

I had to go back and really get down what the x agent was saying because for me it was a point that made me toss out my feeling the two did not intentionally target Sherry.

It still hasn't sat with me too well though. Reading your post with the actual statute has me thinking that it really is possible that the two hit Sherry accidentally and took her to cover up the crime and had noting to do with raping her.

Edit to add: So has anyone seen x agent Moore on other shows? I respect the professional opinions of the talking heads, but to be honest, sometimes I wonder if they miss the mark at times.

 

[liltexans]

Unfortunately this article (and site) requires a subscription to read the full article. Hopefully another news source will pick this up today so we can get the full story:

Kidnapping suspect lied about travel plan

A man who was arrested in North Dakota in connection with the Jan. 7 disappearance of a Montana teacher had received court permission to leave Colorado just two days earlier to go to Texas for…

http://www.gjsentinel.com/news/articles/kidnapping_suspect_lied_about

 

[daisy.faithfull]

I just thought about the "third" possible person that posters here have brought up and wonder if that is the "tip".

just can't imagine how LE knows she dead and seemed to know as the two where arrested in two states, weird.

I keep coming back to that being a possibility as well.

 

[liltexans]

Sidney prosecutor: Missing teacher likely alive when kidnapped

Criminal complaints against two suspects held in the disappearance of Sherry Arnold in Sidney, Mont., suggest that she was alive when kidnapped.

Lester Vann Waters Jr., 47, and Michael Keith Spell, 22, “restrained Sherry Arnold by either secreting or holding her in a place of isolation or by using or threatening to use physical force, with the purpose to inflict bodily injury or to terrorize her,” said the complaint filed by Sidney City Judge Gregory Mohr after the men were arrested in Williston, N.D.

Some have wondered if Arnold could have been hit by a vehicle during her pre-dawn run, but that’s not what authorities think.

Under Montana law, the charge of aggravated kidnapping implies the victim was alive when kidnapped, Mike Weber, Richland County attorney in Sidney, told the Herald.

http://www.grandforksherald.com/event/article/id/226961/group/homepage/

 

[liltexans]

Also from the above article:

A Montana television station quoted a Colorado television interview with Spell’s “estranged brother,” who said Spell, after his arrest, told the brother that he came to the Williston Basin with Waters looking for work.

Spell said Waters threatened to harm Spell’s young child and other family members if Spell didn’t do as Waters ordered, according to the report.

Weber said he could not comment on details of the men’s arrest — including why Spell was brought to Williston from Rapid City rather than to Sidney — because it involved the FBI’s ongoing investigation.

 

[Jacie Estes]

I just thought about the "third" possible person that posters here have brought up and wonder if that is the "tip".

just can't imagine how LE knows she dead and seemed to know as the two where arrested in two states, weird.

I do think there is a third person involved. A bigger question would be, are there more victims along their path? I don't see Spell going from 0 to 60; he wasn't just Waters other victim, IMHO he is culpable.

 

[Talina]

I want to know how LE knew where each of these guys were in order to arrest them. That happened awfully quick, IMO. One was in ND and one was in SD. How did they know that?
Also, one was sent from SD to ND where he is now being held fighting extradition. His transfer from SD to ND sure happened quick as well, with no explanation or fanfare. Why ND instead of MT? The articles say there are no charges in ND other than them being held on the MT charges.

This is all very odd to me.

 

[4UIhelp]

Ok in some reading I under stand that with the extradition -If it were a federal warrant, there would not even be an extradition hearing, just an arraignment.
So I wonder-can they extradite on a state warrant and then it become federal.....???? I would think with the Feds involved They would have just picked them up and brought them back,no questions asked!!!!.....I go in circles with the Laws (how they read), TO many LAWS to protect these thugs........

 

[daisy.faithfull]

Ok in some reading I under stand that with the extradition -If it were a federal warrant, there would not even be an extradition hearing, just an arraignment.
So I wonder-can they extradite on a state warrant and then it become federal.....???? I would think with the Feds involved They would have just picked them up and brought them back,no questions asked!!!!.....I go in circles with the Laws (how they read), TO many LAWS to protect these thugs........

There always seem to be more questions than answers and its frustrating, I know.

The articles seem to indicate that the feds are still deciding what they are going to do.

I hope that ultimately the feds are able to file and prosecute Waters and Spell.

 

[Jacie Estes]

Ok in some reading I under stand that with the extradition -If it were a federal warrant, there would not even be an extradition hearing, just an arraignment.
So I wonder-can they extradite on a state warrant and then it become federal.....???? I would think with the Feds involved They would have just picked them up and brought them back,no questions asked!!!!.....I go in circles with the Laws (how they read), TO many LAWS to protect these thugs........

It is possible that all of the agencies involved are going with what they have, at this time. More charges can be added but for now what they do have keeps these two sitting in a jail in Williston. I think that there is a concerted effort to make sure that all the s are dotted and the [t]s are crossed.

 

[~n/t~]

Sidney prosecutor: Missing teacher likely alive when kidnapped

Criminal complaints against two suspects held in the disappearance of Sherry Arnold in Sidney, Mont., suggest that she was alive when kidnapped.

Lester Vann Waters Jr., 47, and Michael Keith Spell, 22, “restrained Sherry Arnold by either secreting or holding her in a place of isolation or by using or threatening to use physical force, with the purpose to inflict bodily injury or to terrorize her,” said the complaint filed by Sidney City Judge Gregory Mohr after the men were arrested in Williston, N.D.

Some have wondered if Arnold could have been hit by a vehicle during her pre-dawn run, but that’s not what authorities think.

Under Montana law, the charge of aggravated kidnapping implies the victim was alive when kidnapped, Mike Weber, Richland County attorney in Sidney, told the Herald.

http://www.grandforksherald.com/event/article/id/226961/group/homepage/

Just as I suspected. Poor Sherry.

 

[daisy.faithfull]

I found this about Principles of Federal Prosecution:

Its interesting, but this is the first thing that really grabbed my attention:

These principles of Federal prosecution have been designed to assist in structuring the decision-making process of attorneys for the government. For the most part, they have been cast in general terms with a view to providing guidance rather than to mandating results. The intent is to assure regularity without regimentation, to prevent unwarranted disparity without sacrificing necessary flexibility.

I get what they are saying and maybe this is why so much about the law is difficult for us lay people to understand at times.

But to me, that just provides lawyers with so many freaking loopholes to exploit.

 

[Lera213]

I was thinking about Walter's living in Florida. Knowing the area pretty well I was thinking what if he grew up in Grant, moved to Sebastian when he got on his own.
Now he was born in 64 that makes him 6 years younger than I.

Grant around the time I was in Elem, Jr High School and High School was well known as an area that was where very poor people lived. Not many lived out that way. Actually I at the time of 7th 8th grade looked at Grant area as super duper poor and with only one paved road that goes from babcock street to US1. Shacks as homes, rusted out trailers etc.

Anyway if this is the case he would have attended Southwest Jr. High School, Melbourne High School and Palm Bay Elementary School. I do not have any of my year books sorry to say. I saw his picture but I didn't see anything. Perhaps if someone could dig up a younger photo of him.

When I lived there Palm Bay, Grant, Micco, area was very small. Not like today! Heck Malabar road use to have one blinking traffic light. The next enter section past that was Grant. Now where that blinking light was is now shopping centers etc. Basically I lived in Port Malabar growing up, close to US1. It was the last neighborhood type development before NOTHING ie Grant.

 

[liltexans]

Legal perspective in Sherry Arnold case from KTVQ TV

Published on Thursday, January 19, 2012 8:07 AM MST

Provided by KTVQ TV of Billings

http://www.ktvq.com/videoplayer/?video_id=8616

 

[Lera213]

If I saw a younger photo of him...I can tell you if he grew up in the area or not. At the time, I knew EVERYONE even close to my age. I was the popular kid so I knew many. Not much to do back then, so any hangout was a hangout for everyone.

 

[daisy.faithfull]

Unfortunately this article (and site) requires a subscription to read the full article. Hopefully another news source will pick this up today so we can get the full story:

Kidnapping suspect lied about travel plan

A man who was arrested in North Dakota in connection with the Jan. 7 disappearance of a Montana teacher had received court permission to leave Colorado just two days earlier to go to Texas for…

http://www.gjsentinel.com/news/articles/kidnapping_suspect_lied_about

http://www.gjsentinel.com/special_sections/articles/kidnapping_suspect_lied_about

I didn't "hack" it or anything, that one just came up on my google.