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Prosecutor: Road rage led to murder

by Keith CousinsBrian Walker Hagadone News Network
| November 1, 2016 1:00 AM

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JAKE PARRISH/PressDavid Earl Hutto, 44, is seen on a television screen during a first appearance with Judge James D. Stow on Monday at the Kootenai County Jail. Hutto is the suspected killer of Bo Kirk.

COEUR d'ALENE — William "Bo" Kirk was kidnapped, bound, and killed with a handgun following a road-rage incident, a Kootenai County prosecutor said Monday.

David Earl Hutto, 44, Hayden, was formally charged with second-degree murder Monday in connection to the Oct. 22 killing of Kirk, 41, Coeur d'Alene. Hutto’s bail was set at $2 million.

Hutto appeared before Kootenai County District Judge James Stow, wearing a red and white striped jumpsuit, separated from the rest of the inmates awaiting their remote hearings via closed circuit TV at the Kootenai County jail. Claudia Jackson, a sister of Kirk's who watched Hutto's first appearance at the Kootenai County Courthouse, reacted with tears and then anger when she heard how her brother died.

"What could (Kirk) possibly have done to justify taking his life?" Jackson said. "What? He didn't use his blinker? He cut somebody off? It doesn't justify killing someone.

"Looking at (Hutto) on camera made me sick."

After reading rights to the entire group of inmates, Stow called Hutto forward and told him he faces a maximum of life in jail if found guilty of shooting and killing Kirk with a handgun. As Stow went over details of the charge, sobbing from Kirk’s friends and family were heard in the quiet courtroom.

Hutto was assigned a public defender and asked by Stow if he understood the charge he faces.

"Yes, I do," Hutto replied.

Kootenai County Prosecutor Becky Perez asked Stow for a $1 million bond and called the incident "brutal" and "deliberate." According to Perez, Hutto followed Kirk to his home after a road rage incident occurred.

Once they were in front of the home, Hutto allegedly kidnapped and bound Kirk before driving him to the site where he was killed. Exactly where and when the murder occurred haven't been released.

"This was a random attack," Perez said, adding that Hutto allegedly then purchased gasoline, which was used to light Kirk’s vehicle on fire in an attempt to destroy evidence.

According to Perez, Hutto has active warrants in other states and has a prior record for offenses including fraud, theft, burglary and grand larceny.

Stow, who set the bond at $2 million, said a hearing would be required prior to Hutto being released, should the Hayden man come up with bail money. A preliminary hearing in the case will be scheduled for sometime within the next two weeks.

Prior to the first appearance, Jackson said the family still was searching for many answers, including any possible connection between Kirk and Hutto.

"We don't believe there's any connection — not that we're aware of," said Jackson, of Spokane Valley. "When (Hutto's) name was released, I had no idea (of who he is) and I don't think my brother did either."

Hutto was arrested Friday night at the Burger King on Appleway Avenue in Coeur d'Alene and booked into the Kootenai County jail on a second-degree murder charge. A second suspect was arrested earlier in the day and is being held in federal custody on charges related to the homicide, according to the Kootenai County Sheriff's Office.

The second individual's identity and arrest information have not been released.

"Since the second suspect is in federal custody, we cannot release any information at this time," Sheriff Ben Wolfinger said Monday.

On the evening of Oct. 22, Kirk went missing after working his shift at Northwest Specialty Hospital in Post Falls. His wife, Amanda, reported to Post Falls Police that Kirk had not returned home.

Later that night, surveillance captured two people in what law enforcement believes was Kirk's truck at two bank drive-throughs in Dalton Gardens and Hayden. The driver used Kirk's debit card to withdraw an undisclosed amount of cash in three separate transactions.

Still later that same evening, Kirk's truck was found on fire in the 23000 block of North Rimrock Road in the northern part of Kootenai County.

Kirk's body was found last Tuesday near the Hayden Creek Shooting Range northeast of Hayden Lake in the Coeur d'Alene National Forest. His body was found about 8 miles from where the silver 2015 GMC truck that he'd driven to work earlier in the day was found on fire.

Investigators have said they believe there are no other suspects in the case. Jackson said the family hasn't been provided the name of the second suspect, nor what specific factors or evidence led to the arrests.

"There were a lot of tips coming from the public, so they must have gotten some good tips for the arrests to be made that quick," Jackson said. "At this point, we don't have all of the answers."

Jackson said she was surprised at how quickly the arrests were made.

"We want to thank the entire community and all the law enforcement involved because, without their help, we wouldn't be here (in the investigation) right now," she said. "Hopefully they have the right people in custody and they'll be prosecuted to the fullest extent of the law. (The arrests) give us closure that they're still not out walking around. It doesn't make it any easier, but it does give us some closure.

"When the arrests came that quick, it was a blessing."

In addition to the sheriff's office, Post Falls Police, Coeur d'Alene Police, the North Idaho Violent Crimes Task Force, U.S. Marshals Service, Pacific Northwest Violent Offenders Task Force and FBI have worked on the case.

Detectives on Friday afternoon searched a residence on Miles Avenue in Hayden where Hutto was living. The search took several hours to process.

Kirk, who graduated from Priest River Lamanna High School in 1993, is survived by his wife and their three children.

"He loved his family and friends," Jackson said. "If he was not at work or golfing, he was with family and friends. He did whatever he could to make you laugh and had nicknames for a lot of people."

Kirk worked as an X-ray technician at Northwest Specialty since 2012.

A celebration of life for Kirk will be held on Saturday from 3 p.m. until it's finished at Quail Run Ranch, 506 N. Quail Ave., in Newport. A benefit account for the family of Kirk has been set up at all area Spokane Teachers Credit Union branches.

"The community's outpouring of support has been amazing," Jackson said. "We're suffering the loss, but the community is suffering the loss with us. People who don't even know me have been reaching out. I can't imagine going through something like this without having the community support."

Cynthia Bogner, a stepsister of Kirk's, said the family appreciates the support from all over.

"I just want to thank everyone for their prayers, love and support," she said. "I am proud to be a member of such a wonderful community. Bo was such a wonderful guy. I still can't believe that he's gone. He was the best of the best."