Almandinger trial goes to closing statements

PALMER — After a short session Tuesday morning, the murder trial of Erick Almandinger is headed to closing arguments Wednesday.

Almandinger chose to not testify. Judge Gregory Heath verified this on record and had the defendant speak to confirm this decision was voluntary.

“Yes,” Almandinger said to Heath, the first time his voice was heard during the trial, apart from recorded audio and video.

Almandinger, Dominic Johnson, Bradley Renfro, and Austin Barrett are currently facing kidnapping and murder charges related to the death of Grunwald back in November 2016. Almandinger is the first of the four to go to trial.

“Now we’re getting to the scary part [the verdict],” said Grunwald’s mother, Edie.

At this point, the defense and prosecution seemed to agree that Almandinger was present for Grunwald’s beating, kidnapping and murder, and the subsequent Ford Bronco burning, but they are clashing over Almandinger’s role and intent.

Lead investigator for the Grunwald homicide case, Alaska State Trooper (AST) Sergeant Tony Wegrzyn took to the witness stand again. The defense asked him about the investigation, arrest and interrogation of Almandinger.

Almandinger was arrested Dec. 2, 2016 the same day Grunwald’s body was discovered in the woods off Knik River Road. The defense confirmed with Wegrzyn that Renfro and Barrett “emerged” from the back of Almandinger’s residence while Wegrzyn was arresting Almandinger.

Devin Peterson recently plead guilty in federal court for hindering investigation and evidence tampering. Peterson admitted that he provided two gas cans to Almandinger and Johnson and told them to “burn that b---h [Grunwald’s Bronco].”

Wegrzyn arrested Peterson a week afterward on Dec. 9, 2016, as well as Barrett who was there with him.

Almandinger’s defense attorney, Jon Iannaccone said that Peterson’s name has come up a lot during this trial, who was 18 at the time of Grunwald’s death. He asked Wegrzyn if it appeared that Peterson was the group’s leader.

“I would say they looked up to him as maybe an unofficial leader, sure,” Wegrzyn said.

Iannaccone confirmed with Wegrzyn that Barrett and Renfro were both “homeless” during the time of their arrest.

Johnson’s phone was seized by the police. Iannaccone referenced a Facebook message found on the phone that said he “almost took a swing at the officer that took his phone.”

“He actually said his hand was in a fist during it,” Iannaccone said.

“Correct,” Wegrzyn said.

Iannaccone asked Wegrzyn about his interview with Johnson’s mother, Misty, back in March 2017 after her son was already arrested. He asked about an alleged video with Johnson bragging about “bashing some one’s head in.”

“She confirmed that she did see the video and as we described it of Dominic talking about bashing in David’s head. She confirmed she’d seen it and she said she was surprised somebody would come to her house and show her that video and that she couldn’t believe her son would say such a thing,” Wegrzyn said.

The alleged video with Johnson “bragging about bashing David’s head in” has never been recovered.

Iannaccone asked Wegrzyn about his shared knowledge of other crimes around the state, including Anchorage particularly his awareness of gang activities. He asked Wegrzyn if Almandinger was on his radar for Crip street gang activity and he said ‘no.’

Iannaccone pointed out that Almandinger had no prior convictions, nor was he on Wegrzyn’s “radar” until the Grunwald homicide investigation. Wegrzyn stated that he did read Almandinger his juvenile Miranda rights.

The defense also pressed Wegrzyn about David Evans, a former friend of Almandinger who used to dress like a Crip and flash gang signs on Snapchat. Wegrzyn obtained a search warrant for Evans’ Facebook account and was able to corroborate Evans’ alibi, placing him in the shower and away from the beating and kidnapping.

“Obviously, that’s based on the investigation. I wasn’t there to know that but yeah,” Wegrzyn said.

To date, Evans hasn’t been charged with any crimes regarding Grunwald’s death.

A local cab driver, Scott McCormick, said that the kids he picked up paid $43 for a ride. This was confirmed to be after the group burned the Bronco. Iannaccone said that although it “took a minute,” Almandinger told Wegrzyn that he paid $43 for the cab.

“We know now, obviously that Erick was in that taxi cab, wasn’t he?” Iannaccone asked Wegrzyn.

During the Dec. 2, 2016 interrogation, Wegrzyn’s team had not yet recovered the guns used during the incident: a 40 caliber Ruger and 9mm Springfield. Ballistics showed that the Springfield was the murder weapon. The bullet found beside Grunwald’s body matched the gun.

Barrett, Peterson and Renfro went to Fairbanks together to obtain the 9mm Springfield. Iannaccone confirmed with Wegrzyn that Almandinger was not on the trip.

“No one said that he was,” Wegrzyn said.

Around the same time as the Fairbanks firearm trip, Iannaccone said that Almandinger had a “falling out” with the group and Wegrzyn said he didn’t remember that “specific detail” but he eventually agreed with the defense, saying, “guess so.”

Both guns were found in a backpack at Peterson’s home on Dec. 6, 2016, along with two other items Iannaccone took special note of: a gold watch with a ram’s head on it and hat with a Ouija design. He linked the items to Barrett, citing a previously admitted selfie seeing Barret wearing the watch and hat. Iannaccone affirmed with Wegrzyn that watch was stolen property, alluding to the same watch stolen from the Johnson’s family safe along with other jewelry and large sums of cash.

During Almandinger’s integration on Dec. 2016, he at first stated that Johnson shot Grunwald but later changed his accusation to Barrett.

“After Erick’s mom came into the room, Erick told you that Austin Barrett was the one who shot David Grunwald?” Iannaccone asked Wegrzyn.

“Dom’s holding him by the shirt, making him walk over, and then, as soon as he looks up- bam! He [Grunwald] just drops.” Almandinger said during in the Dec. 2, 2016 interrogation video.

Wegrzyn did bluff Almandinger for information, claiming to have evidence he did not have yet during the integration. Iannaccone pointed this out several times but he did not dispute his methods. Last week, Iannaccone stated that he did not oppose the bluffs, saying the methods used to acquire information were “perfectly legal.”

During the interrogation, Almandinger said that he was with Renfro and Johnson as they went to the Holiday gas station after some back and forth process of elimination between Almandinger and the detectives. Police obtained video footage from the Holiday gas station video on Dec. 5, showing Renfro on Johnson on the tape.

Almandinger said Renfro and Johnson went to pay for the gas and video surveillance confirmed that. Almandinger also told Wegrzyn that Barrett stayed at Peterson’s house while he, Johnson and Renfro burned the Bronco. Iannaccone referred to corroboration cell phone data that seemed to match this series of events.

Iannaccone stated that during the Dec. 2 interrogation, Almandinger told Wegrzyn that he was “nervous about going to Devin Peterson’s house because they had a falling out.” Wegrzyn said that he didn’t recall that detail.

Iannaccone muttered to Wegrzyn: “I mean, it’s on the tape, so the jury can look.”

Almandinger admitted that the 40 caliber Ruger was his. Iannaccone affirmed with Wegrzyn that the gun was traced and information revealed that it was stolen and transferred from a Garrett Canada to Almandinger.

Palmer District Attorney, Roman J. Kalytiak cross examined Wegrzyn after Iannaccone. He confirmed that Almandinger was in possession of a “stolen handgun.”

Kalytiak asked Wegrzyn about what Almandinger previously stated about the Springfield after Grunwald died.

“He said that Austin was given the gun when he dropped him off at Devin’s house,” Wegrzyn said.

But if Austin was the shooter, why would someone else give him the gun?” Kalytiak asked.

“Exactly,” Wegrzyn said.

Almandinger is facing multiple charges including kidnapping and murder. According to court records, he’s being charged with two counts of murder I and six counts of murder II. Two of those murder II charges were classified as “extreme indifference.”

Iannaccone said that the state did not “provide evidence he was an accomplice to this.” He found the “extreme indifference” charges the “most concerning” saying that classification was intended for “reckless behavior” such as those seen in drunk driving incidents or “firing a gun into a crowd.”

“It was an execution. I mean, all the evidence is that it was basically an execution. So there’s no extreme recklessness here,” Iannaccone said.

Kalytiak said that Almandinger provided the 40 caliber “without much incitement” and by his “own admission” placed himself in the Bronco and at the execution. He made it clear the state’s objective is to show that Almandinger acted with the group as a willing participant.

“It is not our purpose here to show which coward pulled the trigger,” Kalytiak said.

The judge pointed out that the court will no longer be accepting any more new evidence. He reminded the jury that when they went home, not to read about the case in the media. He said that they will need to base all of their decisions on what they’ve seen and heard within the court.

“There was significant media coverage of Erick Almandinger being arrested and there was significant coverage of the discovery of David’s body,” Iannaccone said.

So, was Almandinger “unwilling bystander” or was he a “participant?” It’s coming time for the jury to decide.