Testimony finished in Nickels trial

EPHRATA - Four witnesses contradicted portions of the defense case as testimony concluded in the David Nickels trial Monday.

Tosha Devyak's mother, Amanda Devyak, and Chief Deputy Ryan Rectenwald testified about where Ian Libby was at the time of the murder. James Morrison refuted Crystal Tycksen's claim Libby threatened to kill her when he attacked her, and Washington State Patrol forensic scientist Donald Brennan told the jury the fingerprints in the truck didn't match Libby or Libby's friend, Julian Latimer.

Nickels, 31, Helena, Mont., is on trial for first-degree murder in Grant County Superior Court. Prosecutors allege Nickels shot Sage Munro outside of his E Street home on Dec. 29, 2009 because Munro was dating Nickels ex-girlfriend.

Defense attorneys Jackie Walsh and Mark Larrañaga argued Libby shot Munro when he found Libby and, possibly Julian Latimer, prowling around Munro's truck.

Amanda Devyak was the first witness to refute Tosha Devyak's statement to defense attorneys. Tosha Devyak initially told police Libby was at her home at the time of the shooting. She later told defense attorneys he wasn't at her home.

Prosecutors allege a third statement showed Tosha Devyak returned to her first statement. Tosha Devyak testified the questions Rectenwald asked in the third interview were confusing, telling the jury Libby wasn't at her apartment.

Amanda Devyak testified she went to her daughter's house to baby-sit her grandchild on Dec. 29, 2009, while Tosha Devyak was at work. When she arrived at the house, Libby was asleep in her daughter's bed.

"Tosha was in the bedroom, but she came out when I got there," she said. "My daughter told me to be quiet because Ian was sleeping."

When Tosha Devyak left the home, Libby was still asleep in the bed, Amanda Devyak testified.

The testimony contradicted Tosha Devyak's testimony that Libby left after receiving a phone call and was gone by the time she woke up.

Rectenwald testified about his interview with Tosha Devyak. The woman told the officer Libby was at her apartment.

"She said Ian Libby had gotten into her bed ... She said she looked at her phone to move the baby out of the bed so Ian could get into the bed," he said. "She said between the hours of (6:30 a.m.) and (7 a.m.), Ian Libby had received a phone call on his cellphone, which woke the both of them up."

Rectenwald also testified about a second interview detectives had with Nickels in June 2010. In the interview, Rectenwald and Washington State Patrol Detective Dan Dale questioned Nickels about where he was at the time of the murder.

Nickels told Marita Messick and a friend he was in Great Falls, Mont., before initially telling police he was in Wyoming and changing it to Great Falls, witnesses previously testified. Police tracked Nickels cellphone to Spokane on the night before the murder and the morning of the murder.

Defense witnesses testified Nickels sold catalytic converters and traveled across the Northwest, including Moses Lake.

"Rectenwald: Why did you tell Marita you were in Great Falls? Why is it on the 29th of December at 8 (a.m.) when she called you, you told her you were in Great Falls?" Rectenwald read from a transcript of the interview. "Nickels: Maybe I was in Great Falls. Rectenwald: Why were you in Washington? Nickels: I never said I was in Washington."

When Rectenwald and Dale asked about the fuel Nickels purchased on Dec. 28, 2009, Nickels replied he got gas and went on a drive and didn't know where he went to.

Morrison, a witness to Libby's assault on Crystal Tycksen about a month after the murder, testified Libby's alleged threat to Tycksen never happened.

Tycksen previously testified Libby threatened to kill her like he killed "that man," after he assaulted her in an attack which started at the Lenore Caves until Libby was dropped off.

Brennan checked the two usable prints found on Munro's truck, a fingerprint and a palm print, against Libby and Latimer and ruled men out as possibly leaving the prints.

Walsh questioned Amanda Devyak, bringing up a past conviction for theft, before turning to the events of Dec. 29, 2009. Amanda Devyak confirmed portions of Tosha Devyak's testimony, testifying her daughter needed to be at work by 6 a.m.

When Walsh asked Amanda Devyak how she learned about the murder, the witness said Libby stayed to get a shower and left and came back later in the day. Libby received a phone call about the murder.

"When (Libby) got that phone call, he was freaking out, right?" Walsh asked. "He was pacing around and he was upset, is that correct?"

Amanda Devyak agreed.

When Walsh asked about a statement Amanda Devyak made to a defense investigator saying Libby stayed the day, the witness said she made the statement, and then disagreed to saying Libby stayed the day.

Walsh pressed the witness about the time of year the murder occurred in. Amanda Devyak initially said it was the winter, before saying it was in the fall.

"So this whole thing where you see Ian Libby at Tosha Devyak's house on C Street in Ephrata, is in the fall of 2009?" Walsh asked. "So it's definitely not wintertime, is that correct?"

Amanda Devyak replied all she knew was it was cold when the incident occurred.

Larrañaga questioned Rectenwald about his interview with Tosha Devyak, asking if he knew about contradictory information about Libby. "Were you aware that Ian Libby was seen on E Street at 7:30 a.m. on Dec. 29?" Larrañaga asked.

Rectenwald replied he didn't know about it at the time.

Larrañaga asked if Rectenwald got Libby's cellphone records to confirm he received a call around 6:30 a.m.

Rectenwald said he didn't.

"(Tosha Devyak) told you that later in the day Ian Libby texted her, indicated he needed an alibi, is that correct?" Larrañaga asked. "Is that in this narrative that you wrote for her?"

Rectenwald said she did tell him about Libby's text message, and it wasn't in the statement he wrote for her.

"She also told you, did she not, that she reviewed some text messages that Ian Libby sent to Crystal Tycksen that they needed to meet that something bad had happened and he needed to get rid of something, is that correct?" Larrañaga asked. "Is that in this narrative you wrote for her?"

Rectenwald agreed Tosha Devyak did tell him about the messages, but didn't put it in the statement.

Walsh questioned Morrison about his past drug use. He admitted to using methamphetamine in 2009 and was drinking at the time of the incident. His past use of the drug did leave him with some problems remembering the sequence of events during the time he used the drug.

When Walsh questioned Brennan about the locations of the prints, he reiterated earlier testimony, saying the fingerprint was found on the passenger's side door frame, and the palm print was found on the passenger's side windshield.