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Stand your ground trial coming up

Ralph Bartholdt Staff Writer | Hagadone News Network | UPDATED 5 years, 10 months AGO
by Ralph Bartholdt Staff Writer
| February 7, 2020 9:57 PM

Attorneys are preparing for a second-degree murder trial in the case of William C. Carlson, who is accused of a fatal shooting in his Post Falls driveway two years ago.

Carlson, 42, pleaded not guilty to second-degree murder for shooting and killing 24-year-old Tyler S. Liles. Witnesses said Liles was yelling and acting aggressively in a Post Falls neighborhood when he approached Carlson in his driveway despite being told to stop.

Carlson allegedly told the man he was standing his ground when the man took two steps in Carlson’s direction and was shot once in the chest with a .38 caliber revolver, according to witnesses.

The trial was initially set for November, but was continued until Feb. 25 in Coeur d’Alene’s First District Court.

Defense attorneys submitted a witness list and filed a motion Wednesday urging the court to prohibit the jury from hearing language, or seeing evidence, that could prejudice their client.

Defense counsel Sean Walsh asked First District Judge Scott Wayman to prohibit the use of the term “victim” to describe Liles during the trial, and to prohibit showing the jury pictures of Liles after he was shot Oct. 20, 2018.

Walsh asked the court to not allow images from the autopsy that showed the bullet wound near the fifth rib, which is near the heart.

“The decedent’s manner of death is not contested,” Walsh wrote in his motion.

In addition, Walsh asked that Wayman prohibit prosecutors from describing the site of Liles’ death as a “crime scene,” or a “murder scene,” or a “homicide scene,” and he urged the court to prevent prosecutors from bringing up Carlson’s alleged criminal history.

Walsh also asked that prosecutors be prohibited from admitting hearsay evidence from witnesses who may have spoken to Carlson before or after the incident.

The defense witness list includes neighbors, friends and law enforcement officers as well as Dr. Mary Genevieve, a California neurologist from San Luis Obispo.

Carlson was initially charged with involuntary manslaughter and released after posting a $100,000 surety, but last year prosecutors amended the charge to second-degree murder.

Prosecutors have said that Liles’ behavior did not justify lethal force, and questioned if Carlson had felt malice toward Liles.

“(Liles) may have been acting strange, yelling, taking a step or two — he may have looked angry,” deputy prosecutor Stanley Mortenson said. “That doesn’t mean you can pull the trigger.”

Second-degree murder carries a sentence of between 10 years and life in prison. A motion hearing is set Feb. 13, and a pre-trial conference will be Feb. 21 in Coeur d’Alene.

ARTICLES BY RALPH BARTHOLDT STAFF WRITER

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