Brooks trial extended until next year

EPHRATA - An attorney for Nathon Brooks, the Moses Lake boy charged with shooting his parents last March, said parents and teachers at his former school are not cooperating with his defense team.

Brian Gwinn told Douglas County Superior Court Judge John Hotchkiss on Monday that "there has been some resistance" in interviewing four or five Moses Lake Christian Academy students and "there has been some talking in the Moses Lake Christian Academy school that a lot of the families were advised to not cooperate in the case. The school has kind of in some degree taken that position as well,"

Gwinn said during a request to push back Brooks' trial date that was set for October.

He said that resistance is hampering his ability to build a defense for Brooks and he expects to force the students and teachers to talk to him by subpoenaing them for a deposition.

After the hearing, MLCA's Director Brian Meiners said the incident was not school related because it did not occur on school grounds. He didn't elaborate further about if the school has a policy barring students and teachers from talking about Brooks' trial.

Prosecutor Kevin McRae opposed the continuance saying it has been more than a year and a half since the shooting and no MLCA student, parent or teacher was at the house when Brooks allegedly shot his parents so their testimony is not critical to the case.

Hotchkiss agreed with McRae saying he was very aware of the facts of the case because he presided during a December hearing to determine whether Brooks should be tried as an adult or juvenile. "I find the facts of this case to be relatively simple," he said. He granted the continuance, setting the trial for Jan. 28, after Gwinn said the defense was not ready to proceed. Hotchkiss said if he allowed the case to move forward before the defense was ready an appellate court could reverse any conviction.

He said this was the last continuance he would grant and set a Nov. 19 date to review and hear arguments to suppress evidence. He said if the defense and prosecution do not agree to a plea deal before Nov. 19 the case would go to trial. Neither attorney objected to the judge's request for no additional continuances or for an end to plea deal talks after the Nov. 19 hearing.

Gwinn said he would be asking for a change of venue and for Brooks' alleged confession to be disallowed during the trial. He did not give reasons for the requests, but said they would be made on or before the Nov. 19 hearing.

Gwinn also said he would review Brooks' medical records and potentially depose his doctors. He said he was interested in what medicines Brooks was taking during the shooting.

In January prosecutors filed attempted murder charges after Hotchkiss ruled Brooks could be tried as an adult. Brooks was 14-years-old when he allegedly shot his parents in their heads while they were sleeping, according to court documents. Brooks was allegedly upset after they grounded him from using electronic devices to punish him for being late to school, according to court documents.

In June, a state appellate court agreed with Hotchkiss that Brooks should be tried as an adult.

Gwinn told Hotchkiss that he was the third attorney to work on the case and Brooks is facing a minimum of 30 years in prison if convicted.

Brooks has been free on bond and living with his grandparents in Coulee City since earlier in the year, according to previous Columbia Basin Herald articles.