Paschall case heads to mediation
DAVID COLE/Staff writer | Hagadone News Network | UPDATED 11 years, 1 month AGO
COEUR d'ALENE - Dylan P. Paschall's second-degree murder trial scheduled for next month has been vacated.
The two sides in the case agreed to enter mediation with Judge Jeff Brudie, of the 2nd District Court in Lewiston, to potentially resolve the case with a settlement.
Paschall, of Post Falls, is charged in the March 2012 Spirit Lake death of 18-year-old Luke Anana-Kuewa.
During a hearing Thursday, defense attorney Brad Chapman told 1st District Court Judge Fred Gibler that both sides agree mediation should be attempted.
Kootenai County Prosecutor Barry McHugh told The Press that it's in the best interests of all involved.
"Having a skilled mediator involved in the process of negotiation often serves to resolve challenging issues," McHugh said Thursday. "Not every case is suitable for mediation, but we believe the time spent in mediation might result in a positive outcome in this case."
Paschall was arrested March 2013 at the age of 20, and he remains in custody. He has pleaded not guilty.
At a preliminary hearing in June, prosecutors put forward evidence that showed Anana-Kuewa was found dead in 3 feet of water about 9 feet from the shoreline of icy Mill Pond on Spirit Lake.
A forensic pathologist who performed Anana-Kuewa's autopsy said he drowned. He also found cuts, scrapes, and swelling to his face. He had lesser injuries to his neck, hands, wrists and legs.
Paschall and three friends had been drinking rum and smoking pot on the night of March 24, 2012, next to a fire pit in a spot known as Bubba's Pit. Anana-Kuewa joined them later for the alcohol and pot.
During the drinking and smoking, according to testimony during the preliminary hearing, Anana-Kuewa began yelling and acting erratically and went into the water.
Paschall went in multiple times to bring Anana-Kuewa back to shore.
Prosecutors believe Paschall also struck multiple blows to Anana-Kuewa's face and put his hand over his mouth.
A sheriff's office investigator testified at the preliminary hearing that Paschall and the friends left the area without Anana-Kuewa, who remained alive. His body was found in the water the next morning.
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