Drive-by shooting suspect’s comments can be used at trial

EVERETT — Statements a Marysville man made to police when arrested in June on suspicion of involvement in a fatal drive-by shooting in Lake Stevens can be used at his murder trial next year, a Snohomish County judge ruled Thursday.

Erick N. Walker, 27, was advised of his rights to remain silent and to consult with a defense attorney. He made an informed decision to speak with detectives, Superior Court Judge Marybeth Dingledy concluded after a key hearing in the case.

Walker is charged with first-degree murder in the June 1 death of Molly Conley, 15. He also faces four counts of drive-by shooting for bullets fired into homes in Marysville and Lake Stevens before daybreak June 2.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

State forensic scientists reportedly have matched five bullets recovered in the shootings with two handguns seized from Walker’s home. While the bullet that killed Molly apparently has not been recovered, prosecutors believe they have a strong, circumstantial case that the gunfire is connected.

Thursday’s ruling secured a potentially important part of their case.

Walker was arrested June 28 as he was leaving his house. He initially said nothing to police, but before the afternoon was out, he provided detectives with a nearly three-hour taped interview.

Walker denied responsibility for killing Molly or randomly shooting at houses and cars. He also gave conflicting accounts about how he spent the hours when the gunfire was occurring. When confronted with some of the discrepancies, he reportedly admitted that he was driving around Lake Stevens the night Molly was shot.

The freshman from Seattle’s Bishop Blanchet High School was celebrating her 15th birthday. She was walking with girlfriends who had just been at a nearby park.

Walker claimed he was driving around Lake Stevens and got lost looking for a restaurant.

Deputy prosecutor Ed Stemler on Thursday urged the judge to clear the way for the man’s statements to be used at his trial.

Walker did ask if an attorney was at the sheriff’s office when he was taken there for questioning, but he never explicitly requested to talk with counsel, nor did he exercise his right to stop speaking with detectives, the prosecutor said.

Detectives also were insistent that Walker make clear he understood his rights even before they would explain why he had been arrested, Everett defense attorney Mark Mestel said. Further, Walker was told he may have to wait awhile for a defense attorney to join them in the interview room, Mestel noted.

Detectives at Thursday’s hearing were open about not wanting Walker to speak with an attorney, knowing that a lawyer almost certainly would advise him to not answer questions, Mestel said.

“This whole artifice was designed to get a waiver,” he said.

Dingledy said she understood Mestel’s argument, but added she was unaware of any case law that would suggest police had done something improper.

In other developments, Stemler filed paperwork saying he now doesn’t plan to call Lake Stevens police officer James Wellington as a witness.

While Wellington was present at some of the crime scenes, he played no significant role in the investigation, Stemler said.

The officer’s work-related problems, including discipline for not telling the truth, became a point of friction in the case, particularly related to the duty of prosecutors to disclose potential misconduct involving police witnesses. Mestel on Thursday put on the record that he will seek court examination of police personnel files and other remedies if evidence surfaces that prosecutors fail to compel police to share information about officers that the defense has a right to know.

Dingledy also set conditions for a ballistic expert to examine bullets, guns and other forensic evidence.

Stemler said he’s worried about potential damage to key evidence. Mestel said prosecutors were trying to impose too many restrictions. While the judge gave his expert greater access, Mestel said he’s worried whether the work and analysis will be ready in time for Walker’s trial, now scheduled for mid March.

Scott North: 425-339-3431, north@heraldnet.com

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

Marysville is planning a new indoor sports facility, 350 apartments and a sizable hotel east of Ebey Waterfront Park. (Olivia Vanni / The Herald)
New report shifts outlook of $25M Marysville sports complex

A report found a conceptual 100,000-square-foot sports complex may require public investment to pencil out.

x
Edmonds seeks applicants for planning board alternate

The member would attend and participate in meetings and vote when another member is absent. Applications close June 25.

People walk during low tide at Picnic Point Park on Sunday, March 3, 2024 in Edmonds, Washington. (Annie Barker / The Herald)
Beach cleanup planned for Picnic Point in Edmonds

Snohomish Marine Resources Committee and Washington State University Beach Watchers host volunteer event at Picnic Point.

Logo for news use featuring the municipality of Stanwood in Snohomish County, Washington. 220118
Stanwood man accused of crashing into 2 vehicles, injuring federal agents

Victor Vivanco-Reyes appeared in federal court Monday on two counts of assaulting a federal agent with a deadly weapon.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.