The only eyewitness to the killing of Matthew M. Clark in October 2012 in Vancouver has gone missing again.
The disappearance of Shandi R. Danielson, 21, could hinder the prosecution of murder suspects Kirk M. Hernandez Sr. and Darrell C. Fry. Hernandez, 42, and Fry, 33, are accused of fatally shooting Clark on Oct. 1, 2012, at Clark’s home at 9610 N.E. 25th Ave. The men allegedly were trying to settle a debt over firearms stolen in a residential burglary.
Superior Court Judge Scott Collier held Danielson for two months in the Clark County Jail without charge because of concerns she wouldn’t respond to subpoenas in the murder case. State law allows judges to hold a material witness in jail if there’s evidence that the court won’t be able to “secure the presence of the witness by subpoena.”
Collier planned to hold her until attorneys could complete her depositions in the cases against both men. Because Hernandez and Fry will have separate trials on Oct. 21 and Nov. 4, respectively, separate depositions are needed.
Danielson’s deposition for the Fry case was completed by Deputy Prosecutor Anna Klein and Fry’s attorney, Bob Yoseph.
But two months after she was arrested, the deposition for the Hernandez case still hadn’t taken place because of scheduling conflicts.
Collier said he decided to release Danielson on May 14 because he was concerned about keeping her in jail for such a long period without charge and because she had appeared to be increasingly cooperative in court. Her attorney, Neil Anderson, also had repeatedly requested her release over the two-month period.
As a condition of her release, Collier required her to check in daily with the court’s supervised release program. She fulfilled that requirement for only three days, according to Klein.
Then, on Thursday, Danielson didn’t show up for the scheduled deposition in the Hernandez case.
Another warrant has been issued for her arrest.
Klein said deposition re
cordings may sometimes be used in lieu of live testimony at trial, if a witness is unavailable, but the deposition for the Fry case can’t be used for the Hernandez case.
Danielson initially cooperated with police investigators, according to court documents.
She gave detectives a two-hour recorded interview on Oct. 4, 2012, three days after Clark’s death, Anderson wrote in a March motion for her release. But after that interview, authorities couldn’t locate her.
In February, Collier issued the first warrant for her arrest as a material witness. She was arrested on the warrant on March 19 at the Clackamas County, Ore., jail and transported to Clark County, according to court documents.
Danielson has a history of drug use and criminal activity, according to court documents
Danielson is not the only material witness who has been held in jail in connection with Clark’s death.
Kristopher Hensley was held briefly to secure his testimony that he saw Fry “display an airsoft gun the day before the murder,” according to court documents. A similar weapon was located near the scene of the killing, the court documents say.
Another material witness, David Gilmore, remains in the Clark County Jail on $20,000 bail. He allegedly “was with the perpetrators for hours leading up to the murder, went to the scene as the victim was dying and was privy to Fry’s statements immediately upon returning from the scene,” Klein said.
Collier said Gilmore will likely be released after his deposition is taken next week.
According to court documents, Hernandez and Fry went to Clark’s house to confront him about some stolen firearms Hernandez had hidden at Clark’s house after a residential burglary. Hernandez told police that his revolver went off accidentally during a struggle with Clark. Fry said he waited outside Clark’s house during the confrontation and drove away after he saw muzzle flashes from gunshots.
Paris Achen: 360-735-4551; http://twitter.com/Col_Courts; http://facebook.com/ColTrends; paris.achen@columbian.com.
