A man convicted of shooting a Washington trooper in 2010 is seeking a new trial, saying another man confessed and that the trooper deliberately misidentified him.
The wounded trooper, now Pacific County Sheriff, adamantly denies it according to a report by the Associated Press.
Martin Jones was convicted in February 2011 for the 2010 shooting and is serving a 50-year sentence.
Jurors found 46-year-old Jones guilty of attempted murder in the shooting as Johnson was impounding a van belonging to Jones’ wife. Jones’ wife had been arrested and was under investigation for drunk driving.
Johnson was shot at point-blank range in the back of the head.
Jones’ defense team said Jones was home at the time of the shooting.
The Washington Supreme Court restored an attempted murder conviction for Jones in 2016, overturning a 2013 decision by a state appellate court to vacate the first-degree attempted murder conviction.
The appellate court said his right to a public trial had been violated, but the Supreme Court disagreed.
Jones also argued that his right to be present at all critical stages of his trial had been violated because he was not present at the moment of the jury drawing. The appeals court had rejected this argument, and the Supreme Court ruling agreed, concluding that Jones had waived his right “by failing to raise a timely objection.” Jones did not raise any concerns until after his conviction.
Now, a local drug dealer, Peter Boer, has provided sworn declarations saying that on the night of the shooting, his brother Nick, a repeat felon, “took credit” for it and sent him to dispose of gun parts. A statement from an acquaintance partially corroborates that story.
Nick Boer denies shooting the trooper. Johnson says he’s certain the right man was convicted.
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