Judge denies Voorhis motion

PALMER — The judge presiding over the attempted murder trial of Donald Voorhis denied a motion from his lawyers Monday to have the three most serious counts he faces thrown out.

The motion, made by Herman Walker, applied to the three counts of attempted murder. Voorhis also faces seven counts of assault and one each of violating his release conditions for a misdemeanor, reckless endangerment and resisting arrest.

Voorhis, 51, has been in trial for a week and a half in the case, which dates back to a three-day standoff in September 2006 at his Talkeetna-area trailer. Closing arguments are expected to begin today.

Walker’s motion applied to a gunshot Voorhis allegedly fired at his neighbor and the multiple shots prosecutors say he fired at Alaska State Troopers when they tried to enter his trailer near the end of the standoff. Walker said there is not enough evidence to prove Voorhis intended to murder anyone with any of those shots.

As to the shot fired at Voorhis’ neighbor, John Yow, Walker said the neighbor told troopers Voorhis changed his aim before firing the round, that he intentionally missed Yow. The shots in the trailer, Walker argued, were fired at a time when, by all accounts, nobody could see anybody due to smoke from a distraction device troopers threw into the trailer prior to entry.

“Everything happened in 13 seconds,” Walker said. “Officer [Ben] Mank said that he didn’t even enter the trailer until after the shots were fired.”

Prosecutor Roman Kalytiak reminded Superior Court Judge Eric Smith that such questions have to be decided in the light most favorable to prosecutors.

Reading from Yow’s statements, Kalytiak noted that his statement at trial was that Voorhis fired with the gun aimed at him and missed.

“‘Oh yeah, there was no doubt in my mind that I could be shot and killed,’” Kalytiak said, quoting Yow.

As to whether Voorhis was trying to kill troopers with his shots in the trailer, Kalytiak argued said “‘The defendant knew for a day and a half that the troopers were out there.’”

Kalytiak pointed out that various witnesses testified Voorhis had threatened to shoot troopers.

As to whether the shots from Voorhis’ rifle were actually fired in the direction of troopers, “We have pretty good evidence that the bullets missed the troopers by a matter feet, if not inches,” Kalytiak said.

To statements that Mank wasn’t in the trailer, Kalytiak said the testimony was confusing. Some troopers said Mank was inside, Mank himself testified he was not.

In his view, though, Kalytiak said it doesn’t matter “whether he is in the trailer or he is on the doorstep and bullets are flying at him.”

Smith, in deciding to deny the motion, said the question should be left up to the jury. He noted that the closest call was probably the count that related to an attempt on Mank’s life.

“Mank’s a little tougher because Mank said he wasn’t in the trailer,” Smith said. “Mank also testified that he was fearful he was going to be killed.”

Contact Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.