Jurors in Marcher trial see reenactment

EPHRATA — Jurors watched dark shapes move through a foggy field in a video filmed the day after Earl Romig was shot.

The recreation was part of the testimony of Grant County Sheriff’s Detective Matt Messer and Ephrata Officer Erik Koch in Robbie Joe Marcher’s trial on Monday and Tuesday.

Marcher, 40, Moses Lake, is accused of shooting off-duty Grant County Sheriff’s Deputy Earl Romig in a field near Soap Lake on Jan. 10, 2008. He is being tried for assault in the first degree, unlawful hunting of big game in the second degree and failing to summon assistance.

Messer testified he spoke to Romig as the ambulance brought him to the hospital. The detective interviewed the wounded deputy three times, where Romig said he saw the shooter twice, he was driving a Ford F-150 and estimated the shooter stood 150 yards away before he took the shot.

After questioning Romig, Messer went to Robbie Marcher’s house and his father’s house, confirming previous detectives testimony about Marcher admitting to shooting what he thought was a coyote, adding he was adamant.

“He said he didn’t hear the thud of striking something down range, so he assumed he missed,” Messer said.

Detectives took Marcher to the orchard to find where Marcher shot at the coyote. Messer added the detectives followed the defendant’s lead, letting him point out where to stop.

As evening fell, detectives along with Koch, a trained sniper, returned to scene to test Marcher’s rifle to determine whether the man could have seen the off-duty deputy through the scope.

The jury watched a video, filmed by Messer, showing a silhouette of a man standing in the sage brush.

When Koch took the stand, he explained they tested the sight at 4:30 p.m., 4:45 p.m. and 4:55 p.m., with the clear plastic lens cap on and off. While the lens cap affected the view through the scope, the sniper explained he was surprised how little difference it made.

Looking into the field, the Ephrata officer saw the sheriff’s deputy posing as Earl Romig with his naked eye, Koch testified. Looking through the scope he picked out details of the deputy’s clothing and how he was standing.

“(During the last test,) I looked through the scope on six power, and had the lens cover down … at that time I could still tell, he was wearing a navy blue sweatshirt with a hood, pants, light beanie hat. I could still make out his eyes, nose and mouth,” he said. “I viewed through the scope in the standing position … and there was a clear view of the target.”

Koch explained there were no obstructions to the shot if the shooter was kneeling, crouching or standing.

Defense attorney Brett Billingsley questioned inconsistencies in the recreation and Romig’s statements about the truck.

The deputy, who acted as Romig in the demonstration, was wearing dark clothes, compared to the white sweatshirt and military digital camouflage pants Romig was wearing. Billingsley questioned Koch about what color camouflage would be used in a snowy area.

“White,” the sniper said. “It’s usually white, and then browns or blacks intermixed with it.”

Billingsley questioned Koch about whether fog would change what someone saw through the scope. Koch admitted it would. There is conflicting testimony about how foggy it was on Jan. 10, 2008 with Romig saying the day was clear and Marcher’s father testifying there was intermittent fog.

Billingsley questioned whether the rifle sights could be used without looking through the scope. Koch answered the mount on the rifle was meant to be able to use the sights without the scope, but he couldn’t aim the rifle using the sights.

Messer said the reason they used dark clothing in the recreation was because he didn’t know Romig was wearing a white sweatshirt at the time of the shooting.

The defense attorney asked Messer about Romig’s inconsistent statements about the truck allegedly used by the shooter. In a taped interview, Romig said he saw a Ford F-150 driving away from the scene. This differed from Marcher’s father’s white GMC truck.

Messer answered Romig said he shot at the vehicle as it drove away, but no bullet holes were found in the side of the GMC truck.

“In this case, the general theory of what happened was supplied to you largely by Earl Romig?” Billingsley asked. “Can you trust the information that people give you when they’re in shock?”

The detective said the beginning theory was supplied by Romig, until the evidence at the crime scene pointed in a different direction, and he couldn’t trust a person in shock “100 percent.”

The trial continues today.