Wednesday, March 31, 2004 | 10:09 a.m.
The dynamics in the murder case of slain Silverado High School student Jared Whaley shifted drastically Tuesday as two of the six young men charged in the case agreed to testify against their co-defendants.
The testimony of Gerald Wilks, 20, and Shane Johnson, 17, may lead the other four defendants -- brothers Shane Myers and Cody Myers, both 18, Stephen Stringfield, 19, and Matthew Baker, 18 -- to accept plea agreements, a defense attorney on the case said.
"Since two of the defendants took deals and agreed to testify, it kind of changed everything; it's a different case now," Andrew Leavitt, attorney for Cody Myers, said.
"With two of the defendants cooperating it's easier for the state to prove their case," Leavitt said. "If nobody took a deal, there really was no proof other than people telling and confessing on themselves."
Leavitt's client, Cody Myers, was one of the four defendants who confessed involvement in the murder, kidnapping and robbery of Whaley on Oct. 14, 2003. Stringfield, Wilks and Johnson also made statements to police that indicated they were involved, but Stringfield has since recanted his original statement and says he was not at the scene, Stringfield's attorney, Jason Weiner said.
Police allege the young men conspired to kill Whaley because he smoked some of the marijuana they were intending to sell. Led by Baker, the six were involved in a Mafia-like group known as "the Crew" that ran drug deals, Wilks told police.
Baker, the Myers boys and Johnson allegedly got Whaley drunk and then enticed him to go four-wheeling out to the dry lake bed off U.S. 95, just south of U.S. 93 where they had already dug a grave, Johnson told police.
Johnson allegedly hit Whaley with a stun gun and then Baker shot Whaley in the torso and the head, police reports show. Johnson, Baker and Shane Myers then allegedly beat Whaley, stripped the teen naked and bound him in garbage bags and duck tape.
The teens buried Whaley in a new, shallow grave after they could not find the grave they originally dug, Johnson said.
Cody Myers corroborated Johnson's version of events in the statement he gave police, but he said his only involvement was loading the 20-gauge shot gun Baker used.
The desert shooting occurred after two previous attempts to poison Whaley failed, Wilks told police.
Wilks told police he was not involved in the Oct. 14 murder but did serve as a look out on one of the occasions Baker tried to poison Whaley. He agreed to plead guilty to the lesser charge of conspiracy to commit murder in exchange for testifying against the other co-defendants. The conspiracy charge carries a sentence of two to 10 years in prison with the possibility of probation.
Johnson agreed to plead guilty to first-degree murder. In exchange for his testimony, the plea agreement drops the use of a deadly weapon charge along with the kidnapping and robbery charges. Prosecutors are expected to recommend Johnson serve a sentence of life in prison with the possibility of parole after 20 years.
Cody Myers and Stringfield were offered plea agreements at the same time as Wilks and Johnson, their attorneys said, but both agreements were rejected because they included substantial jail time and required them to testify against the other defendants.
In Myers case, that would include his brother Shane. Shane Myers was not offered a plea agreement on Tuesday and most like will not accept a plea agreement, his attorney Dennis Leavitt said.
Weiner, Stringfield's attorney, said his client will not accept a plea agreement because he is innocent. He said Stringfield only told police he served as a lookout at the scene after he was interrogated for almost 12 hours.
No other defendant has placed Stringfield at the scene, Weiner said, but the plea agreement prosecutors offered to Stringfield on Tuesday required him to plead guilty to second-degree murder and kidnapping and would include a minimum of 10 years in jail.
"He's not guilty -- he's not going to accept it," Weiner said.
Future negotiations for a plea agreement are possible but doubtful for Stringfield, Weiner said.
Andrew Leavitt is similarly investigating whether the confession his client gave was possibly coerced, and whether the teen waived his rights to have an attorney or parent present voluntarily.
But despite his client's "very small role," Leavitt doubts that he will avoid some jail time.
"I don't think anyone of them (the young men) are doing too good," Leavitt said. "These young kids are all going to be on their way to prison."
Wilks and Johnson are scheduled to enter their guilty pleas on April 15 in District Court. The remaining four are scheduled for preliminary hearings April 16 in Boulder City Municipal Court.
Deputy District Attorney Chris Owens could not be reached for comment. Attorneys for Wilks, Johnson and Baker also could not be reached.
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