Trial on hold in Finch case

By SCOTT NORTH

Herald Writer

A convicted double murderer’s sentencing trial was put on hold Monday after a Snohomish County judge was told the man appears to be dying from complications after an Oct. 25 suicide attempt.

Charles Ben Finch, 51, was in grave condition at an Everett hospital, apparently undergoing respiratory failure despite being hooked up to a machine that was breathing for him. Doctors expect him to survive at most a matter of days.

Finch was paralyzed and has been on life-support systems since he jumped from a second-floor balcony inside the Snohomish County Jail. He was being held there while a jury heard evidence how he killed a sheriff’s deputy and a blind man in August 1994.

Finch developed an infection in his lungs over the weekend, and his condition declined markedly Sunday evening, raising doubts over whether he is likely to survive much longer, Superior Court Judge Ronald Castleberry was told.

Castleberry had been scheduled to rule Monday whether closing arguments should occur in Finch’s death-penalty sentencing trial, despite his hospitalization for critical injuries. But the judge said it would be neither "prudent or practical" to continue with Finch apparently slipping toward death.

Lawyers on both sides of the case expressed sadness.

The case "has been a tragedy from day one," deputy prosecutor Michael Downes said. His thoughts went out to the families of Finch’s victims, as well as the killer’s relatives.

Defense attorneys are surprised and saddened that the man they fought to keep alive attempted to take his own life, said Bill Jaquette, director of the Snohomish County Public Defender Association.

"It affects us personally, because we’ve certainly developed a relationship with Charlie, and also professionally, because we are just at sea on how to go from here," he said.

Castleberry reached his decision to put Finch’s trial on hold after hearing from one of the man’s doctors during a telephone court hearing.

Dr. Jeffery Winningham said the oxygen level in Finch’s blood began declining Sunday and remained at a perilous level Monday morning. Finch was not responding to treatment, and in time that will cause significant damage to his organs, including his brain.

The man faces "an extremely grim prognosis overall," Winningham said.

"I think there is a much stronger likelihood that he could die within the next 24 hours," he said at one point. "Sometimes this can go on for a couple of days. I would be very surprised if he goes much longer than that."

Jurors had listened to nearly three weeks of testimony about how Finch murdered sheriff’s Sgt. Jim Kinard, 34, and a blind man, Ronald Modlin, on Aug. 15, 1994.

Finch was convicted of the murders and sentenced to die in 1995. But the state Supreme Court tossed out the sentence in 1999 because jurors had seen him in handcuffs and a nylon hobble. The underlying convictions were not affected.

The sole question in Finch’s new trial was whether he should receive a death sentence, or life in prison without possibility of release.

Jurors originally had been scheduled to begin deliberating on Thursday. But they were sent home for the weekend after Finch’s Wednesday evening suicide attempt.

The judge sent jurors home again on Monday after informing them about Finch’s leap and the grim prospects for his recovery.

Most of the jury panel showed little reaction when told that Finch had attempted to take his own life, but one man looked down and slowly shook his head.

Hours before jumping, Finch had made a personal and articulate plea for jurors to show mercy in his case. He apologized for the "terrible thing" he had done to Modlin and Kinard, and said he knew that he should never be free.

Finch had been let out of his jail cell and was walking alone to the shower when he climbed atop of a second-floor railing and hurled himself over a drop of at least 15 feet.

He caromed off a wall and landed on his head and neck, according to court papers.

When police searched his cell, they found a calendar date book with the word "Dead" entered for Oct. 25.

Prosecutors were prepared to argue Monday that Finch’s trial should head toward its conclusion because he has voluntarily absented himself through his suicide attempt. The defense was ready to ask for a mistrial because Finch is unable to assist his lawyers.

Both sides agreed with the judge that based on Finch’s apparent decline, nothing should happen Monday.

Jaquette said he hopes there won’t be closing arguments in the case.

"If we have to proceed it is just going to be pure theater because it is a meaningless exercise," he said. ”That is not what court is supposed to be. I think Mr. Finch is going to die. That is what I’ve been told. And that is going to be the end of it, regardless."

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

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.

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.

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.

Logo for news use featuring the municipality of Gold Bar in Snohomish County, Washington. 220118
Lynnwood man dies in fatal crash on US 2 near Gold Bar

The Washington State Patrol said the driver was street racing prior to the crash on Friday afternoon.

Thousands gather to watch fireworks over Lake Ballinger from Nile Shrine Golf Course and Lake Ballinger Park on Thursday, July 3, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Thousands ‘ooh’ and ‘aah’ at Mountlake Terrace fireworks show

The city hosts its Independence Day celebrations the day before the July 4 holiday.

Liam Shakya, 3, waves at a float passing by during the Fourth of July Parade on Friday, July 4, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett celebrates Fourth of July with traditional parade

Thousands celebrated Independence Day by going to the annual parade, which traveled through the the city’s downtown core.

Ian Saltzman
Everett Public Schools superintendent wins state award

A group of school administrators named Ian Saltzman as a top educational leader.

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.