DNA Denied in murder case in Chesapeake, VA

Chesapeake

James Boughton Jr.'s defense attorney said he is developing "credible evidence " that points to another person as the gunman who shot two Mormon missionaries in Deep Creek in January 2006.

Another person was with Boughton the night a missionary was killed and another was wounded, but that person was ruled out by police as the shooter.

Without a witness to positively identify the shooter, DNA evidence will play a crucial role in the case, said Andrew Sacks, Boughton's defense attorney.

Sacks and Boughton were in Chesapeake Circuit Court on Friday, asking for a DNA expert to be appointed for the defense. Judge Randy Smith denied the request.

Boughton is expected to stand trial Jan. 22 on charges of first-degree murder, malicious wounding, attempted malicious wounding and three firearm charges. The trial, delayed twice primarily due to a change in defense attorneys, is expected to last about nine days.

Morgan W. Young, 21, of Bountiful, Utah, and Joshua Heidbrink, 19, of Greeley, Colo., were walking door-to-door on Elkhart Street in Chesapeake when they were shot. Young was killed.

Sacks argued that no one identified Boughton as the shooter. Boughton, who turns 21 this month, never confessed.

"This is a case basically built on circumstantial evidence alone …'' Sacks said in asking for DNA assistance. "If you remove the DNA from this case, I'm not sure you could present it to a jury."

Commonwealth's Attorney Nancy Parr and Deputy Commonwealth's Attorney D.J. Hansen opposed the defense request. Sacks said he would renew the motion for DNA help for Boughton at a later date.

"His guilt or innocence may hinge on that evidence," he said.

According to testimony during a preliminary hearing last year, on the night of the shootings, an unrelated confrontation was unfolding on Elkhart Street away from Heidbrink and Young. The two missionaries were talking to a man on the street.

Minutes later they heard a gunshot. They looked down the street toward the noise and saw a man holding a gun . The gunman, whose head was covered by a dark hoodie, ran toward them.

Young and Heidbrink raised their hands and told the gunman, "We didn't see anything."

Both men were shot; the gunman fled.

I wonder why this sorry ass judge denied the request, however if this defendant was a young white male the judge would have approve this request. I can only hope his lawyer appeal this ruling. I can say that all the judges in Chesapeake should be kick to the curb. Most are completely bias against blacks and in JDR court against fathers.