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Hutto enters not guilty plea

by Ryan Collingwood Hagadone News Network
| November 22, 2016 12:00 AM

COEUR d'ALENE — David Earl Hutto, charged with the recent murder of William "Bo" Kirk, pleaded not guilty at his arraignment hearing Monday.

After Judge Scott Wayman read Hutto his rights and his list of charges, he asked for a plea.

"Your honor, we stand silent," public attorney Chris Schwartz said. It was a not-guilty plea, as is customary when a defendant stands silent.

Hutto, 44, is charged with first-degree murder, first-degree kidnapping, robbery and arson. The maximum penalty for first-degree murder and first-degree penalty are life in prison or the death penalty.

Hutto 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.

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 by fire the night of the kidnapping, which was later discovered on Rimrock Road, 8 miles from where Kirk’s body was found.

Hutto admitted to investigators he was present during Kirk's murder.

Two of Kirk's family members were emotional during the 6-minute arraignment at the Kootenai County Safety Building.

Judge Wayman asked the prosecution and defense how long they would need to prepare for a jury trial.

"Because this case involves a number of items that need to be examined and could take a long time, I would ask the court to set it out closer to the six-month time frame," said Barry McHugh, Kootenai County prosecuting attorney.

"I would concur," Schwartz said.

Hutto is being held on a $2 million bond.