WA - Mackenzie Cowell, 17, Wenatchee, 9 Feb 2010 - #13

[girlfawkes]

What if the individual turns 18 before they are arrested? Is there some gray area or do they base it on their age when the crime was committed?

Yes, it is based on the age when the crime occurred.

I guess dozens of DP convictions were overturned when the SC made this ruling.

 

[girlfawkes]

I think you maybe correct. I googled capital murder and that is the definition I could find. So here are a couple of more links that go hand in hand. The first one lists capital offenses state by state. WA state says "aggravated first degree murder".

http://www.deathpenaltyinfo.org/crimes-punishable-death-penalty

This is what I could find on WA state... I did not see anything in it about the age of 18 (sorry girlfawkes). This seems to open up many more scenarios.

http://apps.leg.wa.gov/RCW/default.aspx?cite=10.95&full=true

Feel free to question my skills here. Just know I am doing my best to get the facts.

Thanks for the links!

The DP was overturned and made ineligible to minors in 2005 due to a supreme court ruling, so it is not allowed in any state.

 

[WenRes]

Quote from the interview, to the best of my interpretation, LOL.

"They neglected to do that so we lost some of this data that we were hoping to get to determine where certain people were, ummm and when they used their phones, especially Mackenzie's phone, some of the data was dumped or purged that we were asking for..."

Sounds like at least 2 phones to me- Mac's and someone else's.

I don't understand....why would a phone company dump or purge phone records within such a short period of time? I could imagine a year later or something like that.
Idiots!

 

[greencross]

Thanks for the links!

The DP was overturned and made ineligible to minors in 2005 due to a supreme court ruling, so it is not allowed in any state.

Sorry about posting info that you all already posted. Now that we finally got new info (notice not from WW who I believe is on a "time out" from LE), I cannot keep up. This is a good thing.

 

[*Intrigued*]

I don't understand....why would a phone company dump or purge phone records within such a short period of time? I could imagine a year later or something like that.
Idiots!

Not call records, just ping records. They don't keep these for very long because typically they are not important, except for in missing persons cases etc.

IMO

 

[No More]

Thanks del rio. I think this one covers the Mob, Gangs, and High School Cheerleaders in Texas:

"(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;"

 

[erok]

Harum: "we are not prepared to identify a anybody of interest yet, or a suspect...."
That tells me that there IS a PIO or suspect - they just are not PREPARED to release the name...
you agree??

 

[WenRes]

Harum: "we are not prepared to identify a anybody of interest yet, or a suspect...."
That tells me that there IS a PIO or suspect - they just are not PREPARED to release the name...
you agree??

Lets hope!!

 

[James Vic]

I don’t want to go into great detail; I just had a conversation with someone from the Wenatchee World. I understand that they are busy and most likely sick of being asked questions about Mackenzie, but they should be respectful. I got the impression that they were sick of talking about it and did not care. I know that this is only one person who works there but give me a break. Sorry that this does not directly pertain to the MC case, but I needed to vent.

 

[PlainFranky]

Shame on that phone co!!!! They had subpoenas right away for those records. There should be no excuse for the phone co. purging or losing those.

How do you know when the subpoenas were issued? His interview said that some providers keep certain records for 30 days while others keep them for 5 days.

MC went missing on Feb 9th; the body was found on Saturday the 13th. What if the preservation request didn’t get issued until Monday the 15th?

 

[del rio]

So, there are 7 possible circumstances that may apply to MC’s murder to make it a capital murder:

(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;

. . . . . .

(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;

(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;

. . . . . .

(8) The victim was:

(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding . . . . ; and

(b) The murder was related to the exercise of official duties performed or to be performed by the victim;

(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;

. . . . . .

(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:

(a) Robbery in the first or second degree;

(b) Rape in the first or second degree;

(c) Burglary in the first or second degree or residential burglary;

(d) Kidnapping in the first degree; or

(e) Arson in the first degree;

. . . . . .

(14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in * RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:

(a) Harassment as defined in RCW 9A.46.020 ; or

(b) Any criminal assault.



I’m putting my money on #9 or #14.

 

[Rich]

I certainly don't have much to offer in the way of some of the elaborate theories that have been posted here. You are really all quite good. And I'm sure have many valid points.
For some reason it is my belief that this does not involve gangs, or other kids. I just can't quite believe that that these types of people would be able to do this without leaving more evidence. Modern forensics being what they are, I don't think someone without a sense of premeditation, would be able to evade all the LE agencies involved and especially all the tools LE now has with forensics.
From the beginning, LE and others have speculated/said they thought someone who knew her were responsible. I just don't think a bunch of angry kids or random sickos would be so able to stymie LE to this degree. The things available today with forensic science have nearly made it so that not even a scientist could could get away with such acts.
I think(speculate) that this thing was planned to the last detail. I also believe(speculate) that there had to be more than one involved.
I hope that LE makes a move soon and that they have a good idea. I think the LE involved are very good at what they do.
As to why?? I can't even begin to imagine. And until the perpetrator(s) are caught, I don't think any of us will know. I said in my previous post I only met Mackenzie once so of course I didn't/don't really know her. But she seemed like a normal, healthy, and happy teenage girl to me.
I hope and pray for justice for her. And forgive me, I don't mean perpetrators being housed for life at our expense. anything less in this case would not be justice.

 

[love_to_dig]

Wow, all of you great sleuthers.

Thanks for all the info on the state laws.

As soon as I hit "submit" earlier, my family came home from skiing, so I've been hearing about their day.

And great catch btw, Girlfawkes, on the "capital crime." I totally missed that. You have excellent "eagle ears.":dance:

 

[greencross]

How do you know when the subpoenas were issued? His interview said that some providers keep certain records for 30 days while others keep them for 5 days.

MC went missing on Feb 9th; the body was found on Saturday the 13th. What if the preservation request didn’t get issued until Monday the 15th?

There was an article in the WW before they even found her body about how they got warrants for her phone records.

http://www.wenatcheeworld.com/news/2010/feb/13/police-will-analyze-teens-phone-records/?online

 

[Dogdad]

I don't think we can blame just one carrier, as much as I would like to. I know that when it comes to "roaming" data is transferred between cell towers and data can get lost (or purged).

FWIW, there are some carriers that have no cell service in the CB area. Verizon leases from the newer cell tower in Quincy, which I think is owned by US Cellular. I know from experience (with Verizon) that while driving along I-28, Verizon's service is intermittent from Wenatchee to CB and drops from Trinidad to Quincy.

I agree, they are talking about MC's cell phone records but I think they are also talking about the POI's cell phone records too.

Bingo mom. I think you nailed it. Pings are not saved by the carriers for very long at all. They have no billable value and simply use space. You also have to take into account that the record custodians for the carriers are normally just as backed up as LE. Record Custodians are employed by the carrier but produce no revenue so they typically are not well staffed. When you are dealing with multiple carriers and roaming issues it only gets that much more complicated.

 

[del rio]

How do you know when the subpoenas were issued? His interview said that some providers keep certain records for 30 days while others keep them for 5 days.

MC went missing on Feb 9th; the body was found on Saturday the 13th. What if the preservation request didn’t get issued until Monday the 15th?

Good point.

What if the "preservation request" didn't get RECEIVED until Febr. 22 or Febr. 29?

We don't know when the "preservation request" was sent, do we?

 

[No More]

So, there are 7 possible circumstances that may apply to MC’s murder to make it a capital murder:

(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;

. . . . . .

(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;

(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;

. . . . . .

(8) The victim was:

(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding . . . . ; and

(b) The murder was related to the exercise of official duties performed or to be performed by the victim;

(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;

. . . . . .

(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:

(a) Robbery in the first or second degree;

(b) Rape in the first or second degree;

(c) Burglary in the first or second degree or residential burglary;

(d) Kidnapping in the first degree; or

(e) Arson in the first degree;

. . . . . .

(14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in * RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:

(a) Harassment as defined in RCW 9A.46.020 ; or

(b) Any criminal assault.



I’m putting my money on #9 or #14.

del IMO you can add another one to make it 8:

"(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;"

IMO the above would include gangs.

 

[PlainFranky]

Not call records, just ping records. They don't keep these for very long because typically they are not important, except for in missing persons cases etc.

IMO

IMO storage cost money. Cell phones generate lots of data, storing that data cost money, storing for longer periods of time cost more money.

The situation is very similar to locations that have surveillance cameras that store the data digitally. The operator has to decide how much storage they want to purchase. Next they decide how much compression they want to use as compression equals loss of quality.

Now that they know how much storage is available and the amount of data to store they simply set an attribute to define when data get purged to make room for new data.

 

[James Vic]

If this person is charged with capital murder and the prosecutor is seeking the death penalty they better have their ducks in a row. I know this from experience; the charges need to fit what they will be convicted on. Too many times a prosecutor will go for what they want and not what they can be convicted on. It would be better to get a life with no parole conviction than a death penalty hung jury or no conviction.

 

[shortstuff]

I've got an arrest warrant out for him from the 2008 arrest, but I don't think I can link it, since at the time he was a minor. That being said, it contains his address for 2008. I won't link that specific address unless someone says I can, but it's in the manson tribute....Easy St, Wenatchee

Lol, grey....I still can't seem to find the myspace. ugh!!

Trying to catch up- I remember early on studing mason tribune "imortant days" and seeing "stuff" reported on easy street. I have no idea what the exact addresses were, it just caught my attention bcuz it was close to speck house...and I dont remember which days exactly. Need to catch up on 10 more pages then I ll try to find them...