EVERETT — A Snohomish County jury will be told that the men accused of killing Rachel Burkheimer belonged to a criminal gang, but the organization’s purported name won’t be mentioned at a trial later this month, a judge ruled Friday.
Prosecutors can introduce evidence that Yusef "Kevin" Jihad, 33, of Everett was the gang’s leader and that he ordered the slaying of Burkheimer, 18, of Marysville, Superior Court Judge James Allendoerfer said.
The judge said case law and court rules required him to carefully weigh the potential prejudicial effect of testimony about the group vs. the information’s value in helping jurors decide what happened.
Under that analysis, the judge said he’d allow testimony that Jihad and others planned to burglarize and beat a rival drug dealer whom they suspected was getting secrets about them from Burkheimer.
But, Allendoerfer said, the name of the group Jihad allegedly led was more problematic, in part because of references to organized crime.
Burkheimer was abducted, bound and beaten at an Everett duplex, then taken to the Cascade Mountain foothills near Gold Bar, where she was shot.
A co-defendant in the case, Jeff Barth, has told prosecutors that Jihad ordered Burkheimer’s killing after she was attacked at the home he shared with his girlfriend. Barth agreed to testify after reaching a deal that allowed him to avoid a first-degree murder charge in exchange for pleading guilty to kidnapping.
Testimony will show that Jihad told gang members that "loose ends get clipped," deputy prosecutor Michael Downes said. He argued in support of telling jurors as much as possible about the gang, including its name.
"Rachel was considered a loose end, and she got clipped," Downes said.
Jihad attorney Mickey Krom said Barth is the only person from the group who has implicated Jihad in playing any role in Burkheimer’s death.
"Barth is on his own. He’s out on a limb," Krom said, arguing that discussion about the organization should be kept to a minimum, and that it be referred to only as a group.
The judge ruled the organization Jihad allegedly led may be referred to as a gang.
"They weren’t the PTA," he said. "We can’t just call them a ‘group’ and keep a straight face."
Jihad is charged with aggravated murder, first-degree kidnapping and conspiracy. He has pleaded innocent to all charges.
Jury selection is set to begin next week, with opening statements planned for March 15. The trial is expected to last up to three weeks. Prosecutors expect to call more than 40 witnesses.
Trials for other co-defendants in the case are scheduled to get under way in mid-April and late May. John Anderson, 21, and John Whitaker, 23, both of Everett, also are charged with aggravated murder. All face life in prison without possibility of release if convicted.
Reporter Scott North: 425-339-3431 or north@heraldnet.com.
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