New trial is sought in killing

SANDPOINT — Defense attorneys for a Sagle man convicted of killing Robert Cameroen Hegseth Wohali are seeking a new trial or for a judge to set aside one of the jury’s verdicts.

A Bonner County jury convicted Michael Ryan McDermott of second-degree murder and failing to notify authorities of a death following a week-long trial in 1st District Court earlier this month.

Attorneys for McDermott, however, have filed a motion for a new trial or the dismissal of the failure-to-notify charge.

Chief Public Defender Susie Jensen and Public Defender Janet Whitney argue the notification charge should be dismissed in light of a 2018 ruling by the Idaho Supreme Court. The higher court held in a Kootenai County case that the charge violates a defendant’s Fifth Amendment privilege against self-incrimination, according to court documents.

McDermott, 47, shot Hegseth Wohali to death on the grounds of Evergreen Towing last March. McDermott testified that he acted in self-defense after Hegseth Wohali, 26, came at him while wielding a double-headed ax. The confrontation occurred after McDermott learned Hegseth Wohali was in a romantic relationship with a former girlfriend.

Jurors rejected the self-defense argument and convicted McDermott of the two felony charges.

Jensen and Whitney moved for a new trial or the dismissal of the notification charge on Thursday, after discovering a high court case in which the dismissal of the notification charge was affirmed because it violated a defendant’s right against self-incrimination. The underlying case involved the dumping of the body of an overdose victim in Lake Coeur d’Alene in 2015.

The notification statute imposes a duty on persons who find or have custody of a body to promptly notify the county coroner or law enforcement. The supreme court held that prosecution under the statute violated the defendant’s privilege against self-incrimination given the specific facts of the Kootenai County case.

Jensen and Whitney said in court documents they were unaware of the supreme court ruling when McDermott was being tried. They argue McDermott’s constitutional rights were violated when he was indicted and convicted of the notification offense.

He further asserts that his trial was tainted by this charge and he was unfairly convicted,” Jensen and Whitney said an attendant affidavit to the motion.

A hearing on the motion is set for Nov. 5.

McDermott remains held at the Bonner County Jail and is scheduled to be sentenced on Dec. 3.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.