Alleged killer faces new charges
By RYAN COLLINGWOOD
Hagadone News Network
COEUR d'ALENE — Kootenai County prosecutors have filed new charges against David Earl Hutto, one of two men in custody for the alleged murder of William "Bo" Kirk. In a superseding indictment that was filed late Wednesday, Hutto, who was originally charged with second-degree murder, is now charged with murder in the first degree.
He is also charged with first-degree kidnapping, first-degree arson and robbery.
Hutto's preliminary hearing Thursday morning at the Kootenai County Safety Building lasted less than a minute after being delayed due to the newly amended charges. Kootenai County Prosecutor Barry McHugh asked the court to vacate the hearing and have an arraignment set in district court. Hutto, wearing a red-and-white striped jail suit, was present alongside his public defender, Chris Schwartz.
Hutto, 44, is accused of kidnapping, binding and shooting Kirk, an X-Ray technician, after Kirk left his shift at Northwest Specialty Hospital in Post Falls on Oct. 22. Kirk's body was found Oct. 25 near a shooting range in the Hayden Creek area of the Coeur d'Alene National Forest.
New case documents charge Hutto with premeditated murder, attempted kidnapping and robbery, warranting a first-degree murder charge. Prosecutors said the murder stemmed from a road rage incident.
Hutto was charged with robbery for allegedly taking Kirk's 2015 GMC truck and ATM card by means of force and/or fear by pointing a pistol at Kirk, according to case documents. The arson charge was the product of Hutto allegedly destroying Kirk's truck unlawfully by fire the night of the kidnapping, which was later discovered on Rimrock Road, 8 miles from where his body was found.
Hutto admitted to investigators he was present during Kirk's murder, according to recently unsealed court testimony. After being arrested on Oct. 28 at the Coeur d'Alene Burger King, a Kootenai County sheriff's detective, Sgt. Ken Lallatin, asked Hutto if his acquaintance by the nickname of “Cowboy” was involved. Hutto said no.
“In response I asked Mr. Hutto how he knew this information," Lallatin told a judge. "And he replied, 'Because I was there.'"
The unsealed court testimony also confirmed that Hutto's roommate, Justin Roy Booth, is a person of interest in the investigation. Booth, 36, was also arrested on Oct. 28, on a federal charge of being a felon in possession of a gun. He is being held in Bonner County Jail, which is designated for North Idaho federal inmates.
Lallatin said Booth provided information about his and Hutto's involvement in Kirk's death in the testimony, which was partially unsealed by a judge on Monday. It had been sealed for the safety of Booth's family.
"There is a concern based upon the communication from Mr. Booth that his family may be at risk based on the associates of Mr. Hutto," Lallatin told the court.
Hutto and Booth lived at 1319 E. Miles Ave. in Hayden, where the two operated a business, "2 Brothers Small Engine Repair." The two had business cards that listed their names and the same phone number. When authorities searched their home, a Taurus .38 Special revolver was found, matching the gun which Booth took in exchange for two mopeds — a violation of his felony parole.
Booth has been convicted in Kootenai County of robbery, burglary and other felonies. According to Kootenai County prosecutor Becky Perez, Hutto has active warrants in other states and has a prior record of fraud, theft, burglary and grand larceny.