By BRIAN KELLY
Herald Writer
COUPEVILLE — A woman who police believe murdered her boyfriend and tried to steal $19,500 from his Camano Island home three years ago has been released from jail without bail.
Linda H. Miley of Shoreline was arrested Friday and charged with second-degree murder and first-degree theft.
Prosecutors claim Miley, 57, repeatedly shot Jack J. Pearson, 68, with a .38-caliber pistol in the early morning hours of Dec. 19, 1997, and later told investigators he was killed by a masked bandit who broke into his home on Vesper Way.
Miley was booked into Island County Jail, and Prosecutor Gregory Banks asked for bail to be set at $500,000.
Superior Court Judge Vickie Churchill didn’t agree, however, and ordered Miley released after a hearing Wednesday.
Banks declined to give an opinion on the ruling.
"Our argument was that she’s looking at the rest of her life in prison, and that’s a pretty strong incentive to flee the jurisdiction," Banks said.
"Our case is still going forward, whether she is in jail or out of jail," he said.
Churchill said she made her decision under court rules that are based on the presumption that the accused shall be released after 13 relevant factors — including flight risk, the risk to the public and potential witnesses — are considered.
Miley has no prior criminal record, Churchill said, and there were compelling reasons why she wouldn’t try to get away.
"There has been no indication in the three years since the alleged crime was committed that she has attempted to flee or has done anything of that nature," Churchill said.
Miley has visited her home state of Mississippi three times, and made a trip to Canada in the past three years, Churchill said. Each time, Miley told police when she was leaving, where she was going and when she would return. And Miley called police every time she returned to let authorities know she was back in the area.
"That was a big factor," Churchill said.
Miley has been living with her daughter and son-in-law in Shoreline since 1997. Also, her son-in-law is a federal probation officer and supervisor, Churchill added.
"He vouched for her and indicated that, not in his official capacity, but he would be willing to supervise her. So there’s a very respected member of the community who’s willing to vouch for her and supervise her release."
Miley’s daughter also has severe health problems and may need a heart transplant, Churchill said.
"It’s very unlikely, because of her strong ties to her daughter, that she would leave," Churchill said.
The judge also placed restrictions on Miley’s ability to travel, with whom she can associate and where she can live.
If convicted, Miley could face about 15 to 23 years in prison under state sentencing guidelines.
Miley will be arraigned Dec. 29.
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