Attorney wants Weous statement out in Eagle murder

By DAWN SLADE
Mille Lacs County Times
Posted 5/29/03

Coleman Lee Weous, 18, of Onamia went before Mille Lacs County District Court Judge Steven Ruble on Thursday, May 22 for a contested omnibus hearing.

Weous is one of three suspects being charged in the murder of Melvin Duane Eagle on Jan. 5. Roger Duane Garbow, Jr., 20 and Bryan Wesley Sam, 17, both of Onamia, are also being charged with murder in the second degree.

The hearing was to determine if Weousı statement to Mille Lacs Tribal Police Detective Sergeant Justin Churchill and BCA Special Agent Jon Hermann was voluntary.

Assistant Attorney General William Klumpp, Jr. is working on behalf of Mille Lacs County, while Cliff Berg is representing Weous. Klumpp entered items for exhibit, including audio and video tape of the officersı interview with Weous and a transcript of that interview.

According to the incident report, Weous was picked up by officers a few hours after Eagle was reported dead.

During the taped interview, Weous initially told officers he was drinking with the other two defendants and Eagle at the home of Vicki Smith during the morning hours of Jan. 5 and that Eagle was physically fine when the three left the residence.

Weous, who was wearing the same clothes during that interview as he had on while at the Smith residence, told the officers they would not find any of Eagleıs blood on him.

However, when the investigators wrapped up the interview and were on their way out of the interview room, Weous told them, ³Hold on.²

Hermann asked Weous if he wanted to talk. Weous then proceeded to give Churchill and Hermann a different story of what happened that morning.

Weous told officers that an argument ensued between the three defendants and Eagle after Eagle made a comment about Smith.

There was some pushing of a table back and forth, then Weous stood up and hit Eagle in the face. According to Weous, Sam then hit Eagle and knocked him to the floor where he lay unconscious.

Weous reported that Sam and Garbow began kicking Eagle, and then Weous joined in.

Both Churchill and Hermann testified that Weous was never under arrest during the interview, that he was not restrained, and that he never requested an attorney be present.

In his final statement to the judge, Klumpp said the defendant indicated a willingness to cooperate with the police by providing a DNA sample and giving the officers his clothes for testing.

³His testimony was completely voluntary, there wasnıt any coercion,² Klumpp added.

Berg argued that the interview was lengthy (approximately two hours) and suggested that the circumstances surrounding the interview were suspicious.

He also told the judge the state hadnıt met the requirement of proof that the interview was voluntary and asked that Weousı statement be suppressed.

Ruble will make his decision within four weeks, saying, ³I donıt want to unduly delay this.²

Berg then entered a plea of not guilty on behalf of his client.

Garbow, Jr. attended the continuation of a previous contested omnibus hearing on Friday, May 23. Ruble has not made a ruling on it yet, but is expected to before the Aug. 4 trial date for Garbow, Jr.

Weous and Garbow, Jr. are currently in the Mille Lacs County Jail, while Sam is in Lino Lakes.