Homicide case goes to trial next week

A jury trial in the case of a 67-year-old man killed at a Libby-area campground is scheduled to begin this coming Monday.

Heather Henson, 19 years old at the time of the July 12 incident, faces deliberate homicide charges in the late-night shooting of Larry Kingsley at Sylvan Lake Campground. Henson is also charged with physical evidence tampering and theft of a pickup.

Meanwhile, Stephen Thomas of Kalispell – who was age 17 at the time of the killing and faces the same charges – waived his right to a speedy trial. Attorneys said that the outcome of the Henson trial could impact the Thomas case. His trial can now be put off until March.

District court judge Michael Prezeau ruled on various motions from the defense and prosecution in the Henson case. Receiving the most attention during the one-hour pre-trial hearing on Monday morning was debate over whether or not to allow certain testimony involving events that had happened earlier in the day prior to the shooting. Those events included interaction between Kingsley and others at the campground, but not Henson or Thomas.

Prosecutor Robert Slomski questioned the relevance and was more concerned about events later in the day involving Kingsley, Henson and Thomas. Slomski also showed concern about whether or not “transaction” testimony would be allowed from the days and hours leading up to the shooting.

Defense attorney Scott Spencer said his position is that all transaction evidence should be admissable from the time Henson and Kingsley met on July 8 until the time of the shooting. Slomski said he did not oppose the defense on that point but was concerned about bringing in other evidence that did not involve Henson.

Prezeau ultimately allowed events over the four-day period to be admitted “for the jury’s benefit to have a full understanding.” Specific types of evidence could be argued as the trial goes on and Prezeau said he will consider whether or not to allow transaction issues not involving the accused.

Prezeau and attorneys also discussed the defense’s possible use of a doctor’s testimony. Kathleen Jenks argued for the state that the doctor’s opinion was not “expert” and based on reviewing evidence and coming to a conclusion, which she said is the jury’s role. The doctor’s opinion apparently concluded “justifiable use of force” under the circumstances.

Spencer argued that mitigation is always a factor and that the jury might find evidence to support that defense. All acknowledged that timing was a factor with the trial set to begin next week. The doctor’s conclusions became available only a couple of weeks ago and if allowed, a continuance might be necessary.

Prezeau ruled to exclude the doctor’s testimony.

The judge also heard several other procedural motions from both the prosecution and defense.

Neither Slomski nor Spencer showed much concern over finding a jury within a reasonable timeframe on the first day. Slomski theorized that only a few may know Henson, who lived in Libby as a youngster, and Spencer brought up possible pre-trial publicity that could affect someone’s opinion. Otherwise, all indications point to smooth sailing during jury selection. Prezeau said the jury will likely include two alternates.

Henson does not face the death penalty in the shooting.

The judge and attorneys anticipate a trial lasting approximately seven days.