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November 10, 2009

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Colorado increases probe of ex-cop in girl’s murder

Monday, Dec. 1, 1997 | 9:58 a.m.

San Miguel County, Colo., Sheriff Bill Masters said David Middleton is the prime suspect in the November 1993 abduction and murder of Buffy Rice Donohue of Montrose, Colo. No charges have been filed in the case.

Middleton is on Nevada's death row for the murders of Reno school teacher Katherine Powell and Sparks casino worker Thelma Davila. He was convicted Sept. 15 by a Washoe County jury.

According to Washoe County officials, Middleton's trial cost taxpayers at least $461,260, including $292,005 for two court-appointed lawyers who represented him.

The focus now shifts to Colorado, where Masters said the investigation of Middleton is continuing and his office still is awaiting results from the FBI laboratory.

Beginning today, Masters will have two investigators working the case full time. Masters said that may not seem like a lot, but it's a fifth of his force.

San Miguel District Attorney Wyatt Angelo, who will decide whether to file charges against Middleton, said he had no comment while the criminal investigation is pending.

Washoe County Deputy District Attorney Thomas Viloria, who prosecuted Middleton in Reno, said he has looked at the evidence against Middleton in Colorado.

"In my opinion, there is sufficient evidence, if they elect to, to charge both Mr. Middleton and (girlfriend Evonne Haley) with murder," he told the Reno Gazette-Journal.

"Whether it goes forward is his (Angelo's) determination, and I'm sure there's some factors that I am unaware of, such as witness credibility."

Nov. 21 marked the fourth anniversary of Donohue's disappearance. She was found 60 miles south of her Montrose home in San Miguel County in July 1995. She had been bound and gagged.

The murders of the two Reno-area women occurred a year after Donohue disappeared. Middleton, 36, lived in Montrose before moving to Reno.

Meanwhile, Donohue's parents, Walt and Bonnie Rice, are moving ahead with a lawsuit against the Montrose Police Department.

Filed in 1995, it had been on hold while the investigation proceeded. However, a judge refused to give any more extensions and the first city official was served last week.

Montrose police on May 29 were found in noncompliance with the Victims Rights Act by the Colorado Division of Criminal Justice as a result of its investigation into Donohue's disappearance.

Middleton left the Florida Metro-Dade Police Department after being accused of using his badge to rape a teen-ager seven years ago.

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