Courts feud over which one will try case

The death-penalty prosecution of Christopher Devlin has turned into a disagreement between Spokane and Stevens County over who will pay for his costly trial.

Up until now, it's been assumed that Spokane County would try Devlin for the May 2008 slaying of 52-year-old Daniel Heily, who disappeared the night before he was supposed to testify against Devlin in a burglary and assault case. His body was found in his pickup behind a Deer Park liquor store two days later.

However, a co-defendant who has agreed to testify against Devlin as part of a plea bargain said Heily was killed in Stevens County. As a result, Spokane Superior Court Judge Jerome Leveque has invoked a new law that the judge believes gives Devlin the choice of where he wants to be tried, and he's chosen Stevens County.

Deputy Spokane County Prosecutor Dale Nagy said last week that his interpretation of Leveque's ruling is that the entire case will now transfer to Stevens County Prosecutor Tim Rasmussen.

Rasmussen said his understanding is that Leveque wants Spokane County prosecutors to take their case to Colville to be heard by a Stevens County jury.

"Right now Stevens County is facing a $1.2 million shortfall in the budget," Rasmussen said. "I have no doubt that the defense cost of Mr. Devlin and the costs to prosecute this case would be a serious blow to the solvency of Stevens County."

"Why entrust such an important case to a county with so few resources?" he said.