A Seattle man lost a bid Friday to keep prosecutors from trying to link him to the discovery of .357-caliber Magnum pistol they believe was used to kill an Everett man outside a Sept. 3 party in Brier.
Jay Clements, 21, of Everett, was killed when the pistol was fired into a crowd.
The alleged gunman, Noel Evan Caldellis, 19, is facing a September trial on a first-degree murder charge.
Caldellis was swiftly connected to the incident. After his arrest, he admitted firing a pistol outside the party. He helped direct police to where the gun was stashed, according to court papers.
His attorney, Raymond McFarland of Seattle, said the evidence should be thrown out because police did not have cause to arrest or question Caldellis.
Snohomish County Superior Court Judge Thomas Wynne disagreed. In a written ruling filed on Friday, the judge said witness statements provided police with ample legal reason to arrest Caldellis in connection with the violence outside the home. The judge in May ruled that Caldellis’ statements to police after his arrest were voluntary, and can be used at his trial.
“The statement of the defendant and the discovery of the gun are not subject to suppression as fruit of the poisonous tree,” Wynne said.
Prosecutors contend Caldellis showed extreme indifference to human life when he reportedly began shooting during an argument outside the party.
Witnesses have said Clements posed no threat and was simply in the wrong place when the bullets began flying.
Caldellis remains under house arrest at his parent’s home. His whereabouts are monitored electronically, and his family was required to post $250,000 bail.
If convicted as charged, Caldellis could be sent to prison for a minimum of 25 years.
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