Colorado prosecutor’s handling of murder case criticized

Sunday, Jan. 10, 1999 | 8:59 a.m.

Tom Viloria, a former Washoe County deputy district attorney now in private practice, criticized Colorado District Attorney Wyatt Angelo's handling of the 1993 slaying of Buffy Rice Donohue, 18.

Earlier this month, Angelo announced plans to file charges against a suspected accessory in the Montrose woman's murder, but indicated charges may never be brought against former policeman David Middleton.

Angelo said Middleton, the chief suspect, will not be charged unless San Miguel County, Colo., where Donohue's body was found, wants to spend more than $100,000 to try a person already on Nevada death row.

"I'm kind of bewildered as to why (Angelo) won't enforce the law," Viloria said. "I think it's sad when once again justice has a price."

Angelo, who represents San Miguel County and several other smaller western Colorado counties, didn't return phone calls.

Donohue was last seen Nov. 21, 1993 getting into a car driven by Middleton's girlfriend, Evonne Haley, in Montrose.

Donohue's skeletal remains were found 1 1/2 years later in neighboring San Miguel County. She was bound and gagged, and found with a severe blow to the head.

After leaving Montrose, Middleton and Haley moved to Reno, where two women were abducted, sexually assaulted and brutally murdered.

Middleton was sentenced to death for the killings of casino worker Thelma Amparo Davila, 42, of Sparks in 1994 and of schoolteacher Katherine Powell, 45, of Reno in 1995.

"If Colorado had properly investigated and done what I think they should have done, we wouldn't have had the Middleton case in Reno," Viloria said. "There wouldn't have been a Kathy Powell murder or a Thelma Davila murder."

Angelo would not name the accessory suspect in the Donohue case, but said the person is currently in a Nevada prison. Haley is serving time in Nevada for credit-card fraud.

Donohue's parents, Walt and Bonnie Rice, San Miguel County Sheriff Bill Masters and a San Miguel County coroner's grand jury also have urged Angelo to file murder charges against Middleton.

"I believe there should be justice for all and you shouldn't put a price on a human life," Walt Rice said.

Middleton left the Metro-Dade Police Department in Florida after being accused of raping a teen-ager in 1990.