Jurich found guilty of murder - By SARAH LEMON - Mail Tribune - April 27, 2006

Mail Tribune (Medford, OR — Wayback)

2006-05-24

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Oregon Road Conditions & Cams Advertisement Email Story to a Friend April 27, 2006 Jurich found guilty of murder By SARAH LEMON Mail Tribune While his motive remains unclear, David Michael Jurich will hear his sentence today for murdering a paroled sex offender. Jurors on Wednesday convicted Jurich of murder, rejecting his testimony of killing 68-year-old David Evan Rice in an Ashland motel room after the older man sexually propositioned him. Claiming that anger consumed him, Jurich failed to convince jurors that he suffered an "extreme emotional disturbance" in the killing. Such a finding would have garnered him a conviction for manslaughter and a much shorter prison term of 10 years. Lacking a clear motive, Deputy District Attorney Tim Barnack argued Tuesday in Jackson County Circuit Court that Jurich's intent to murder Rice on Oct. 29, 2004, was, nevertheless, unmistakable. Evidence showed that Jurich — a 26-year-old former minor-league baseball player — struck Rice on the right side of his head at least 20 to 30 times with a metal bar that he found outside the Relax Inn on Clover Lane. Although there's no way to tell if Rice was asleep, his position on the bed and the absence of defensive wounds suggest that Rice never even saw Jurich coming, Barnack said. Jurich's defense attorney, Robert Abel, said there's no reason — other than his client's own explanation — to believe that Jurich would have killed Rice. Barnack countered that he didn't have to prove a motive but then gave his own interpretation that also sketched a scene of life on the streets. Both homeless, Jurich and Rice met at the county's work center and occasionally panhandled and drank together. Jurich testified that because he had no identification, he gave Rice money to rent the motel room for him. Although Jurich had the room key, Rice asked the manager to let him inside on the evening of Oct. 28. Advertisement Jurich testified Monday that he was surprised, but not upset, to return after midnight and find Rice naked in his bed. But Barnack suggested that to a homeless person, finding someone had snatched his rare opportunity to sleep in a bed wouldn't have been so forgivable. "In that world, a bed ... is a luxury, particularly in October when it's cold," Barnack said. "People have killed people for less." Barnack's closing argument also pointed to obscure facts that cast doubt on Jurich's story. The defendant testified that Rice walked nude past him into the bathroom and urinated with the door open immediately before making a sexual advance. State medical examiner James Olson told the court that Rice's bladder was full at the time of his death. Rice's crimes of conviction were all committed against young girls. The evening of Rice's death he had come on to a female acquaintance, according to the woman's testimony last week. That Rice would propose a homosexual encounter after a lifetime of known heterosexual interests seemed unlikely, Barnack said. "Mr. Jurich ... doesn't look anything like a little girl to me," the prosecutor said. Handed the case Tuesday afternoon, the jury of eight men and four women deliberated for about a day. Jurors must unanimously vote on a murder conviction. The court started to proceed Wednesday with Jurich's sentencing, but prosecutors interrupted Circuit Court Judge Ray White when he announced the penalty was 25 years. Several prosecutors in court argued that the sentence should be a life term with a minimum of 25 years before Jurich is eligible for parole. Jurich's sentencing has been set for 11 a.m. today Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] . Mail Tribune Home  | Local News  | Sports  | Business  | Obituaries  | Life | Opinion AP News | Archives  |  Site Map  | Community  | Classified   Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker Custom Build Computers Discount Hotel Reservations online casinos news Ashley Furniture HomeStore Send Flowers Southern Oregon Loans California Casinos GMAT Prep Windermere Van Vleet Sports Equipment Online Casino Reviews Online Bingo Entertainment Guide Online Casino Fundraisers Sudoku Online Casinos Canada Online Pharmacy Advertisement s