Richard Rotter sits between his attorneys while entering a not guilty plea on all three charges against him on April 25, 2022, at Snohomish County Court in Everett. (Ryan Berry / The Herald)

Richard Rotter sits between his attorneys while entering a not guilty plea on all three charges against him on April 25, 2022, at Snohomish County Court in Everett. (Ryan Berry / The Herald)

Trial in Everett cop’s killing to go forward in Snohomish County

Richard Rotter’s lawyers argued extensive media coverage made it impossible for a local jury to be impartial.

EVERETT — The murder case for a man accused of killing Everett police officer Dan Rocha can go forward in Snohomish County, a judge ruled Friday.

Richard Rotter’s aggravated first-degree murder trial is set to be held next month in Snohomish County Superior Court, about a year after Rocha’s killing in a Starbucks parking lot in north Everett.

Last month, however, Rotter’s public defender Daniel Snyder filed a motion in court to move the case out of Snohomish County. Snyder cited the outpouring of public support for Rocha, 41, and heavy local news coverage as factors that could prejudice jurors here.

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

State court rules allow for trials to be moved when a defendant “believes he cannot receive a fair trial in the county where the action is pending.” In 1991, the state Supreme Court ruled “a motion for change of venue should be granted when necessary to effectuate a defendant’s due process guaranty of a fair and impartial trial but a defendant must show a probability of unfairness or prejudice from pretrial publicity.”

In court Friday, Snyder specifically cited media coverage of his client’s reversal of his plea after prosecutors charged him. In his first court hearing after being charged, Rotter’s attorney said the defendant planned to plead guilty. Media covered that surprising news. But a week later, Rotter reversed course, instead pleading not guilty.

Snyder said anyone who heard about that in the news could have a hard time being impartial as a juror.

“The moment one juror indicates they’ve heard Mr. Rotter planned to plead guilty as charged, that is a level of taint that cannot be undone by any further questioning or instructions by the court or counsel,” Snyder said Friday.

Deputy prosecutor Craig Matheson disagreed with the defense’s arguments.

“Both this court and these attorneys have all tried high-profile cases in the past where there’s been concerns about publicity and whether a defendant could get a fair trial or not,” he said in court.

Judge Bruce Weiss denied the defense motion without prejudice, meaning the issue could come up again.

“I’ve been shocked over the years how few people are aware of what’s going on related to court cases,” the judge said. “I don’t know if that’s going to be the case for this particular case. So that’s why I said I’m denying it without prejudice. If it becomes clear that it’s going to become difficult or impossible to seat a jury of Snohomish County citizens, then it can be renewed.”

Rotter’s other public defender, Natalie Tarantino, also pushed Judge Weiss to not allow TV cameras in the courtroom to capture Rotter’s face. Weiss followed that request.

Prosecutors have alleged Rotter, 51, appeared to be moving guns between two cars in the parking lot of a Starbucks near Everett Community College. On patrol at the time, Rocha confronted Rotter, body camera footage shows.

What followed was a calm, eight-minute conversation between the two men before a struggle broke out. It ended with Rotter shooting Rocha several times, according to charges filed in Superior Court.

On Friday, the defendant remained in the Snohomish County Jail on a no bail hold.

The defendant’s trial is expected to go forward next month. Prosecutors expect the trial to last three weeks, with another week likely devoted to whittling down 200 prospective jurors for the trial.

If potential jurors are worried about their impartiality, Weiss will question them individually, lengthening the jury selection process, the judge said in court. Weiss plans to have another 250 possible jurors as backup if there isn’t enough to seat a jury from the first set.

Matheson said he expected 55 to 60 witnesses at trial.

Jake Goldstein-Street: 425-339-3439; jake.goldstein-street@heraldnet.com; Twitter: @GoldsteinStreet.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(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.

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.

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.

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.

Marysville is planning a new indoor sports facility, 350 apartments and a sizable hotel east of Ebey Waterfront Park. (Olivia Vanni / The Herald)
New report shifts outlook of $25M Marysville sports complex

A report found a conceptual 100,000-square-foot sports complex may require public investment to pencil out.

x
Edmonds seeks applicants for planning board alternate

The member would attend and participate in meetings and vote when another member is absent. Applications close June 25.

People walk during low tide at Picnic Point Park on Sunday, March 3, 2024 in Edmonds, Washington. (Annie Barker / The Herald)
Beach cleanup planned for Picnic Point in Edmonds

Snohomish Marine Resources Committee and Washington State University Beach Watchers host volunteer event at Picnic Point.

Logo for news use featuring the municipality of Stanwood in Snohomish County, Washington. 220118
Stanwood man accused of crashing into 2 vehicles, injuring federal agents

Victor Vivanco-Reyes appeared in federal court Monday on two counts of assaulting a federal agent with a deadly weapon.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

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.