Murder charges upgraded to beat a deadline

By Scott North

Herald Writer

They’ve never found her body, but Snohomish County prosecutors think an Arlington woman’s 1989 disappearance was a murder at the hands of her husband.

On Wednesday, investigators went even further and alleged that Juliana Schubert’s suspected killing was not just an act of rage but a premeditated homicide.

Prosecutors upgraded charges against David Schubert, 61, and now are accusing him of first-degree murder.

Schubert was charged with second-degree murder when he was arrested Oct. 11. The charge alleged that the killing was intentional, but not necessarily premeditated. He pleaded innocent and was released without bail.

Schubert entered no plea to the new charge during a brief hearing Wednesday. That’s because his attorneys, public defenders Richard Tassano and Rick Leo, told Judge Ronald Castleberry they will challenge whether prosecutors have legal grounds to charge first-degree murder.

Deputy prosecutors Paul Stern and Ed Stemler said evidence supporting premeditation already is spelled out in court papers. The documents say David Schubert talked with at least one witness about killing his wife to get "peace" prior to her disappearance.

Juliana Schubert was 30 when she dropped from sight 12 years ago, leaving behind two young sons, her car and her purse. David Schubert, then 49, was a self-employed insurance broker and former reserve officer with the Arlington Police Department.

Schubert reportedly offered contradictory explanations. Investigators suspected he killed the woman and hid her body.

Schubert was charged with murder in 1994, but prosecutors sought a dismissal after the lead investigator, Snohomish County sheriff’s detective Rick Blake, died of leukemia.

Blake’s former partner, detective Gregg Rinta, has continued to investigate and to conduct regular searches for signs of the missing woman.

Prosecutors began reviewing the case in 1998 after the missing woman’s mother, Karil Nelson of Arlington, brought a civil wrongful death case against Schubert. A Superior Court civil jury unanimously found Schubert to be his wife’s slayer and awarded $1.7 million in damages to the couple’s children, who continued to live with their father.

Schubert’s murder trial is now scheduled for Nov. 16. Lawyers on both sides told Castleberry they intend to stick to that tight schedule. Schubert spent weeks locked up in 1994 awaiting trial. Although now free, his case must be heard by mid-November to avoid violating his constitutional guarantee of a speedy trial.

But too much time may have elapsed since Juliana Schubert’s disappearance to make a fair trial possible, Tassano told the judge. His review of police reports shows one witness may have seen Juliana Schubert about two weeks after she supposedly was killed by her husband. It is unclear whether the man will be found before the trial.

Lawyers agreed to work together to locate witnesses. Meanwhile, the judge told them to prepare for a Nov. 15 hearing to argue the unique legal issues presented by the case.

"I’m going to base my ruling on what is heard in this court, not some rumor, or something read in the newspaper," Castleberry said.

You can call Herald Writer Scott North at 425-339-3431 or send e-mail to

north@heraldnet.com.

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