EVERETT — Attorneys made closing arguments Friday in the trial of Shayne Baker, who is accused of killing two people and opening fire on three others in Everett in summer 2022.
Baker, 26, faces two counts of second-degree murder in the killings of Anthony Jolly, 44, and Anthony Burnett, 48, in a home on Lexington Avenue. He also faces three counts of first-degree assault for allegedly shooting another man in the house in the back of the head; shooting at a fourth man who was running away from the home; and shooting a fifth man, Zachary Monary, the day before on Colby Avenue.
According to police, Baker shot Monary from a Blue Chevy pickup and drove off. The bullets severed his spine and paralyzed him from the waist down. He was shot five times.
Prosecutors and Baker’s defense made their closing arguments to the jury Friday afternoon in Snohomish County Superior Court, following weeks of testimony.
Deputy prosecutor Martha Saracino reviewed the breadth of evidence, including Baker being found in a Blue Chevy truck that was seen in surveillance footage outside the Lexington Avenue house, as well as a gun confiscated from Baker when he was arrested that had his DNA on the trigger. She said it’s obvious that he was the shooter.
“The question before you is, ‘How do I know it’s Shayne Baker?’” she argued. “It has always been Shayne.”
Defense attorney Ana Faoro told the jury they don’t know if Baker was at the Lexington house that day, or if he shot Monary on Colby Avenue the day before.
“Faulty assumptions, faulty investigation, and faulty forensics,” she said. “That is what the state presented to you.”
Faoro said prosecutors wanted the jury to pick and choose which evidence made sense in order to convict Baker. She said stolen cars change hands, and they change hands quickly and frequently. Witnesses were unable to pick out Baker in a photo lineup, even though Baker was included in one of the images, she said.
Faoro said the mere presence of DNA cannot tell us whether Baker held the gun and pulled the trigger.
“Before you discount any of (the testimony), look at what all the evidence is telling you,” the prosecutor countered in her rebuttal.
The jurors have many options, given the number and complexity of the charges.
The jury could find him guilty on some counts and not others. For the first-degree assault charges, the jury could find the defendant guilty of a lesser charge of second-degree assault.
Jury deliberations were set to begin Monday.
In the trial, witnesses described the day in late June when two people were killed in front of them. Carrie Jenks testified she heard gunshots downstairs in her living room. She ran downstairs and bumped into her friend, Trenton Wood, holding the back of his head. Wood said “a guy” shot him.
Jenks found the two bodies in the living room.
Wood was the only survivor of the three men shot in the living room. Baker, a stranger, had given him a ride up the street earlier in a Blue Chevy truck to pick up some tools that belonged to Wood’s cousin.
Wood testified that he was doing yard work with Jenks’ husband when he went inside to grab the keys to Baker’s truck. He thought the truck might be stolen and didn’t want it on the property. Wood said he was only inside the house for a few minutes when Baker pulled out a pistol and started shooting.
In the courtroom, Wood identified Baker as the person who shot him.
In a separate case, Baker is charged with second-degree murder and first-degree robbery for the killing of Scott Pullen, 48, at an Everett storage facility the month before. Pullen and a friend noticed a stranger sleeping in his Chevy Tahoe. They yelled at the man, who fled on foot. The friend then noticed another man sleeping in Pullen’s Dodge Durango.
Pullen and his friend reportedly confronted Baker, who pulled out a gun. The friend ran and hid behind his Tahoe. He heard a gunshot, and Pullen dropped to the ground, according to court documents. Baker allegedly stole the Tahoe and drove away. It was eventually found in south Seattle and impounded, court documents said.
The defendant didn’t testify in the Lexington Avenue murder trial.
Jonathan Tall: 425-339-3486; jonathan.tall@heraldnet.com; Twitter: @EDHJonTall.
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