Myers convicted on least possible charge
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“My client is very happy,” said defense attorney Bob Peters. “She got to go home with her son Wayne and they’re probably sitting at home in front of the fire right now.”
Myers, 67, was convicted on the charge of criminally negligent homicide, a crime which carries one to two years in prison. She will face sentencing March 12 at which time prosecutors say they will ask for the maximum sentence. In addition, prosecutors say they intend to again try Ms. Myers on the charge of murder conspiracy after jurors were unable to reach a verdict on that charge, ending with a hung jury.
The verdict came after jurors deliberated for 11 hours over the course of two days. Criminally negligent homicide is the least severe offense under the main charge of criminal responsibility for murder.
She was tried for murder-for-hire in the July 30, 1999 beating deaths of Dianne Watts, 42, Jessica Watts, 10, and Chelsie Smith, 13. The victims were killed at Dianne Watts’ home and the house set afire to cover the crime. Myers’ son, Doug Myers, 44, is serving life sentences for the killings while his friend, Johnny Lewis, 42, is serving 65 years for facilitation of murder and aggravated arson.
It was Ms. Myers’ alleged payoff of Lewis which led to the charges against her. Prosecutors presented proof, including the testimony of her son, Gary Myers, that she had paid Lewis shortly following the crime, presumably to compensate him and to ensure his silence. However, the defense questioned the motivations of those testifying against Ms. Myers, saying some of them had something to gain by cooperating with prosecutors, most specifically Gary Myers who still faces charges.
While disappointed by the verdict, District Attorney General Dale Potter said he still believes prosecutors can obtain a murder conspiracy verdict in a later trial, leaving Myers looking at 15 to 25 years in prison. As for the lesser verdict revealed Friday, Potter believes it was a compromise.
“It was a compromise verdict all the way,” Potter said, noting the language of the charge “criminally negligent homicide” may have fooled jurors.
“The words criminally negligent homicide sound vicious and that makes jurors think the punishment is very severe,” Potter said. “In reality it’s a Class E felony, the least possible, even less than reckless homicide which carries two to four.”
Potter pointed out the law prevents jurors from knowing the range of punishment for the various offenses. Jurors in the Myers case at one point returned to ask the court the range of punishments but were denied the information.
“I wish the system would tell jurors the ranges of punishment so they would be less confused by all these lesser included offenses,” Potter said. “I think there used to be a system where jurors were told the ranges but I guess some believed the jurors were also becoming judges.”
The big question remaining in light of the verdict is if prosecutors will be allowed to re-try Ms. Myers on the murder conspiracy charge in light of the hung jury on that count. A legal battle will likely occur over the question and could be decided by Myers’ sentencing date. Myers remains free on bond awaiting sentencing. She already served 72 days in jail before making bond.
If given another shot at the murder conspiracy case, Potter feels confident, given what he learned in this week’s trial, that prosecutors will not miss again. He also put out a request for assistance from the public, asking anyone who has knowledge of Myers’ financial dealings to contact his office.