Judge denies Trevor Mercier's motion for new trial

District Judge Matt Cuffe on Oct. 23 denied Trevor Mercier’s motion for a new trial in the October 2016 death of Sheena Devine, court records show.

Mercier, of Libby, was convicted Aug. 10 of deliberate homicide and tampering with evidence. Cuffe on Oct. 10 sentenced Mercier to life in prison without the possibility of parole for the former charge, and levied a concurrent 10-year sentence for the latter charge.

Attorneys for Mercier filed the motion Sept. 6 in 19th Judicial District Court in Libby. According to the filing document, Mercier sought a new trial “on grounds that the Court erred by systematically curtailing the defense theory and bolstering the State theory throughout the case.”

Mercier through his attorneys argued the court did so by “improperly permitting” eight items — including projecting autopsy photos onto a screen, admitting hearsay statements by State witnesses and letting prosecutors vouch for State witnesses — and “improperly denying the Defense jury instructions.”

Lincoln County Attorney Marcia Boris, representing the State, responded to the motion Sept. 20., refuting each of the Defense’s arguments and requesting the motion for a new trial be denied.

“(Mercier) states the factual basis for the motion comes from the parties’ closing arguments,” Cuffe wrote at the start of his order denying the motion. “Many of the arguments are being made for a second or third time. Where appropriate the Court will refer to and rely (upon) its prior rulings on the over 30 pretrial motions filed in this case.”

Cuffe then proceeded to refute the arguments made by the defense.

Devine’s body was found in her home by her two young daughters on Oct. 6, 2016. Investigators arrested Mercier in his home the following day after identifying him as a prime suspect in her death. Mercier and Devine had been in a relationship that had ended before the incident. In court it came out that the night of Devine’s death, she and Mercier had fought after Mercier threw a rock at her car, smashing its windshield.

Mercier’s defense acknowledged at trial that he had caused Devine’s death but that it was a case of negligent homicide, because he did not intend to kill her. The defense said while fighting Mercier put Devine into a “sleeper hold,” rendering her unconscious. Afterward, the defense said, Mercier took her inside her house, placed her on the floor, checked to make sure she was still breathing and then left the house.

Prosecutors argued that Mercier had strangled Devine long after the 10 to 15 seconds a “sleeper hold” takes to render someone unconscious, and that he had beaten her so badly that she had hemorrhages all around her head and sternum.