State vs. John Whitaker

Here is what occurred Thursday in Snohomish County Superior Court in the trial of John Alan Whitaker, 23, the final person facing murder charges in the death of Rachel Burkheimer.

Action: The prosecution and defense made their closing arguments. The jury started deliberating for about an hour. They are scheduled to resume this morning.

Prosecution: Whitaker didn’t fire the gun that killed Burkheimer, but he’s guilty of aggravated murder and conspiracy because he admits playing a role in her abduction and helping to dig her grave, deputy prosecutor Michael Downes said.

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

Whitaker was both an accomplice and participant in the killing, in spite of his testimony that he acted out of fear and didn’t know the fate awaiting Burkheimer, the prosecutor said.

Under state law, fear that you will be harmed is not a defense to a murder charge, Downes told jurors. He also questioned the logic of Whitaker’s claim that he didn’t know a murder was planned when the victim was tied up nearby and he was developing blisters on his hands digging a grave-sized hole.

“What reasonable person would not have known?” Downes asked. “And if he knew and if he helped, he is guilty.”

Defense: Whitaker didn’t kill Burkheimer, and there is no credible evidence her death was part of a conspiracy involving the Everett man, defense attorney John Muenster told jurors. Muenster said prosecutors were attempting to convict Whitaker of a murder that occurred in his client’s presence and over his objections.

“Call him weak. Call him cowardly. Call him a number of things. But one thing that he is not is a murderer,” Muenster said.

Muenster urged jurors to pay careful attention to the court’s instructions for legally determining when someone has premeditated a murder. He also argued that a careful interpretation of the law would require jurors to find Whitaker innocent of Burkheimer’s murder simply because he participated in her abduction and helped dig her grave.

“He wasn’t carrying a gun. He didn’t have criminal intent. And he wasn’t an accomplice,” Muenster said.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

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.

(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.

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.

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.

People listen as the Marysville School Board votes to close an elementary and a middle school in the 2025-26 school year while reconfiguring the district’s elementary schools to a K-6 model on Wednesday, Jan. 22, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Marysville schools audit shows some improvement

Even though the district still faces serious financial problems, the findings are a positive change over last year, auditors said.

Outside of the Madrona School on Monday, Aug. 26, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Sewer district notifies Edmonds schools of intent to sue

The letter of intent alleges the school district has failed to address long-standing “water pollution issues” at Madrona K-8 School.

Cars drive along Cathcart Way next to the site of the proposed Eastview Village development that borders Little Cedars Elementary on Wednesday, May 7, 2025 in unincorporated Snohomish, Washington. (Olivia Vanni / The Herald)
Former engineer: Snohomish County rushed plans for Eastview development

David Irwin cited red flags from the developers. After he resigned, the county approved the development that’s now stalled with an appeal

Everett’s minimum wage goes up on July 1. Here’s what to know.

Voters approved the increase as part of a ballot measure in the November election.

Logo for news use featuring Snohomish County, Washington. 220118
State declares drought emergency for parts of Snohomish County

Everett and the southwest part of the county are still under a drought advisory, but city Public Works say water outlooks are good.

Paddle boarders enjoy the waters off Edmonds Beach last month to beat the heat in Edmonds, Washington on July 26, 2022.  (Kevin Clark / The Herald)
Snohomish County braces for first mini heat wave

Everett is forecasted to hit 83 degrees on Sunday with inland temperatures reaching as high as 89 degrees.

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Marysville Pride organizers Vee Gilman, left, and Mike Pieckiel hold their welcome banner on Thursday, June 5, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Marysville to host first ever Pride festival next week

It’s one of many Pride events scheduled to take place across Snohomish County throughout June.

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.