Marcher testifies in trial

EPHRATA — The first time Robbie Joe Marcher saw Earl Romig was at the beginning of his trial, he said.

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

Marcher’s father asked his son to help him while deer hunting the day Romig was shot.

“I was having problems earlier that day while I was at work,” he said. “I’d kind of run my truck out of water on the way to Othello … My dad was standing there and he said, ‘Well it’s kind of early afternoon would you mind going with me and help me if I get a deer?’”

Marcher agreed, explaining his father had a hard time handling a knife. He took a range finder, binoculars, his reversible parka, boots and a camouflage baseball cap. Defense attorney Brett Billingsley questioned whether the hat had ear flaps, referring to one of Romig’s earlier statements to the police about the man who shot him wearing a “weird hat.” Marcher explained it didn’t. His father brought a second rifle, which Marcher uses, because his father was having trouble with his scope.

The defendant told the jury he had the orange side out when he went into the field, adding when it’s hunting season he wears orange whether he’s hunting or not.

“There are different areas that people hunt and it goes throughout the season,” Marcher said. “They got regular general season. They got late deer season, late elk season. They got the instructor’s course.”

When the two of them arrived at the orchard, Marcher said he dropped his father off and drove to a nearby access road. Then he got his car stuck in a rut near an apple tree, scraping against a limb. He went and got his father, who put the chain on the car, while he dug around the tire, and cut off a limb from the tree so he wouldn’t slide into it.

After parking in the northwest corner of the orchard, Marcher said he slept for a while. He said didn’t drink any of the three bottles of alcohol found in the truck. He told the jury his legs fall asleep easily, so after staying in the truck, he got out and walked around.

He explained he brought his range finder and his binoculars, but not the rifle.

Romig said the man who shot him used the scope to look at him,

Marcher explained he doesn’t like using a rifle scope to look at people and he doesn’t like it when other people do it to him.

Marcher told the jury the day was intermittently foggy, saying it was worse than the day the police performed the reenactment.

After returning to his father’s truck, Marcher said he slept again. Then he decided to get out of the truck and follow deer tracks, taking a rifle with him.

About 20 minutes before the end of hunting for the day, he said he heard what sounded like a coyote yipping and spotted the animal west of where prosecutors said Romig’s shooter stood. Lining up to take the shot, Marcher said he aimed and fired.

Billingsley showed the video taken by Grant County sheriff’s detectives, showing a point where the defendant looks over his shoulder. Marcher said he told detectives the place was somewhere near there.

After shooting at the coyote, Marcher said he thought he missed. He said he ejected the shell, heard his father start the truck, walked to the access road and took out another bullet to put into the gun. Marcher said he stored the rifle and got into the vehicle.

While leaving, Marcher said he never heard screaming or rifle shots. Marcher explained he did ask his father a few questions, but never rushed him to get out of the orchard.

He told the jury he didn’t learn of someone being shot in the area until later in the evening when his wife told him. 

Police took boots from his house, but Marcher said they grabbed the wrong pair, picking up his son’s boots by accident. Washington State Patrol Detective Dan Dale told the jury earlier boot prints at the scene visually matched those boots.

Chief Deputy Prosecutor Ed Owens pressed the defendant about why he brought so much gear to the scene, inconsistent statements to law enforcement and tried to get Marcher to admit he wanted to scare Romig off.

Pointing out Marcher brought the range finder and his binoculars, Owens asked if he got bored sitting in the pickup and took his rifle and left the pickup.

“Now you went deer hunting that day?” Owens asked.

Marcher answered he didn’t. The prosecutor continued to press about the time Marcher was sitting in the truck and asking him if the orchard is the best spot to hunt deer. Marcher answered the entire area was the best spot in Grant County.

“So you’re in one of the best spots in Grant County to hunt deer, you’ve got a rifle, range finder, a hunting coat with you. You’ve got your binoculars, and you’re not hunting?” Owens asked.

After Marcher said he took the rifle the second time to protect himself from cougars, Owens questioned why he didn’t bring it the first time.

Owens also asked why his father could put on the tire chain, but needed Marcher to gut the deer. The prosecutor continued questioning Marcher about the deer, presenting a theory about why Marcher would raise his rifle at Romig.

“Didn’t you get out of that truck, thinking there was deer, lifted that scope up thinking there was deer down there?” Owens asked. “And you looked right there and you saw it was a person? … You saw it was a white sweatshirt? … He had camouflage pants. You were ready to shoot that deer … When you saw him turn around and walk into that sage brush?”

Marcher denied all of the questions and denied wanting to scare Romig off.

Marcher admitted to being able to hear a gunshot about half a mile away, but denied hearing any gunshots.

When Owens pressed Marcher about the defendant telling investigators originally he didn’t shoot any rounds and then saying he shot at a coyote, Marcher denied it happening.

The trial continues today.