Murder charge downgraded

SANDPOINT - A Sagle man implicated in the killing of a Bonner County man last fall was ordered Wednesday to stand trial on a lesser charge of second-degree murder.

Judge Justin Julian rejected a charge of first-degree murder against James Mathew Anderson, ruling that the state had fallen short of sustaining its burden of showing that the shooting of Elvin Joseph "Eli" Holt was a premeditated act, which is a vital component of that offense.

Julian called Anderson's conduct "stupid," "rash" and "impulsive."

"That is not the same as premeditated as identified in Idaho law," Julian said.

Holt, 30, was shot in the face with a .44-caliber revolver during an altercation outside Anderson's trailer at the Travel America mobile home park on Nov. 27, 2008.

Julian's ruling followed more than seven hours of testimony from eight witnesses at Anderson's preliminary hearing. Several of the witnesses and many people in the courtroom gallery struggled to keep their composure as the final moments of Holt's life were emotionally recounted.

Two contrasting stories of the events surrounding the shooting emerged during the day-long hearing, which were anchored by the testimony of Anderson's wife, Leanne, and Holt's half-brother, Ian James Freir. Both were present when Anderson opened fire on Holt in the waning hours of Thanksgiving.

Anderson, 29, invoked his right to remain silent and did not testify.

Leanne Anderson told the court she and her husband were winding down from hosting a holiday dinner when there was a knock at their door shortly before 11 p.m. She said her husband answered the door and was angrily confronted by Holt and Freir.

She said the men pinned James Anderson against Freir's pickup truck and were making threats, which prompted her to confront Holt about what he was doing at their place at such an hour.

Meanwhile, James Anderson had reportedly managed to break free and retrieve the magnum pistol from inside his home.

Leanne Anderson said her husband moved between herself and Holt and raised the weapon.

"I don't remember anything else except the gun going off," said Leanne Anderson, 28.

Freir testified he and his brother had some drinks in downtown Sandpoint before heading to the trailer park, where Freir's girlfriend also lived. Freir said Holt drove his truck because he was in no condition to drive, but Holt said he had business to take care of elsewhere in the park.

Freir, 23, steadfastly disputed the contention that there was a physical altercation with James Anderson. He said Holt was argumentative and had raised his voice, but neither of them laid their hands on the couple.

When Anderson's wife brought up the prospect of summoning law enforcement, Freir said he began trying to de-escalate the situation by apologizing for Holt's behavior and telling the couple they were leaving.

Freir testified that when he saw James Anderson had armed himself, he wheeled around and began trying to coax his brother into leaving. He said he was facing Holt when, without word, Anderson fired.

"(The) gun comes up over my right shoulder and he shoots," said Freir, who told an Idaho State Police trooper the killing was done in "cold blood."

There was also testimony concerning what events led up to the deadly clash.

Anderson's wife testified that there was something of a love triangle involving her sister in law and close friend of Holt's who was allegedly attacked by Anderson and another accomplice eight weeks earlier. Anderson's alleged accomplice was Patrick Keith Eroso Ziarnick, who later married Leanne Anderson's sister in law.

Holt, according to court testimony, went to Anderson's to confront him about the attack on his friend. That testimony went unrebutted on Wednesday.

Bonner County Prosecutor Louis Marshall admitted Holt and Freir had used poor judgment in going to the Anderson's home, but said James Anderson resorted to an unreasonable use of force against the unarmed men. Marshall said Anderson should have reached for a phone to call police instead of a handgun.

"This is not a justifiable homicide," said Marshall, who argued that the premeditation came into play when the defendant retrieved the high-powered pistol.

But Chief Public Defender Isabella Robertson said her client's actions were more in line with a manslaughter charge than a murder charge and emphasized the shooting was done suddenly in the heat of the moment.

"There is no indication that the prosecution has met the burden of each and every element (of the first-degree murder charge), especially premeditation," said Robertson.

Julian agreed.

"I cannot get there on the evidence of this case," he said, referring to the first-degree charge.

Although the charge was downgraded, the potential punishment remains essentially the same if Anderson is convicted. The state has opted not to seek the death penalty in the case and a second-degree murder conviction carries a maximum punishment of life in prison without parole.

James Anderson's arraignment in 1st District Court is set for next month.