by Antoinnette Borbon
A much thinner young man these days was Daniel Marsh, who was brought into the courtroom today to hear whether or not the defense was ready to set a definite date for trial. Mr. Marsh, who is charged with the deaths of two elderly people in South Davis, will stand trial soon for the alleged crimes. He has pled not guilty.
Daniel Marsh, 16, has been charged with double homicide. On April 14, 2013, the bodies of Oliver Northup and Claudia Maupin Northup were found in their home on Cowell Blvd. Authorities were called to do a welfare check on the couple, only to discover the two deceased in their bed.
In September, Officer Mark Hermann testified during the preliminary hearing to being summoned to the residence to do a welfare check on the couple. He testified that, upon arrival, he found a cut screen to an open window but the doors were locked. He said he walked around to the window and shone his flashlight into what was the master bedroom.
Officer Hermann testified that he noticed what appeared to be a male lying on the bed with blood around his mouth and abdomen. He also noticed a female lying on the bed next to him.
Detective Ariel Pineda testified that Mr. Marsh, after questioning, confessed the crime to him.
Mr. Marsh found an open window at the home of Oliver Northup. He told Detective Pineda he cut the screen and got in through the window.
Mr. Marsh said he walked down the hall and heard snoring. He said he entered the room to find the two sleeping, but the female woke and saw him. He said the female screamed and it was then that Marsh began to stab her.
Mr. Marsh stated to Pineda it was like an outer body experience – exhilarating, euphoric, a high as his adrenalin was pumping. Mr. Marsh told the detective he kept wounding the female until he thought she was not breathing. It was about then the elderly male awoke. Marsh told Pineda he struck him in the throat, heard gurgling and assumed he was dead. Marsh admitted to injuring the couple with multiple wounds to their bodies.
On this Friday, many of the young boy’s peers were there to watch the hearing, but there was no other media outlet besides the Davis Enterprise and the Vanguard.
Deputy Public Defender Ron Johnson filed a motion to seal certain evidence in the case, stating it is legal according to the privilege ethics code. Judge Mock agreed to review the motion and make his decision before setting a trial.
Mr. Johnson also stated he needed more time to review discoveries and prepare for the trial. It was anticipated the trial would begin in late November.
Judge Mock allowed a rehearing of the matter on October 17, next Thursday morning.
Deputy District Attorney Michael Cabral had no objections to the motion filed and none to the waiting for another trial readiness conference.
Mr. Johnson also wanted to stipulate to the parents having separate visiting times for their son, and it was noted by Judge Mock.
Mings Trial Set To Begin On Tuesday
The long-awaited second trial of James Elron Mings, who has already been convicted of attempted murder, is set to begin its premeditation/special findings part of the conviction. James Mings who would walk a “thousand miles” for the woman he loved, would stand trial in one of Davis’s first homicides in seven years.
James Mings was convicted of attempting to kill his friend, Kevin Seery. Seery, who had requested Mings along with another friend help him end his life back in August of 2011, suffered from terminal illnesses. Seery had been terminally ill and wanted to die, stated Mings. Mings stated he was doing an act of charity, of love for another.
But what Mings did not know was that his attempt was fruitless. Kevin Seery’s cause of death was by a sock stuffed down his throat. According to Mings’ testimony on the stand and to detectives during his interrogation, he had no knowledge of a sock being inside the mouth of his friend.
It would turn out that Kevin Seery’s longer-time friend, Thomas McDermott, was allegedly the one who had stuffed the sock down Seery’s throat, ultimately causing his death. Pathologists would agree the time of death was consistent with the sock being placed in the throat of Seery, after the initial choke hold Mings put on Kevin that caused him to go unconscious, making Mings believe he had killed him.
Mings believed the job was done, stating to his friend McDermott, “It is done.” But sometime after this statement, it is alleged that McDermott had gone into the room to find Seery still breathing, and allegedly stuffed a sock down the throat of Seery, causing his death.
In the first trial, Defense Dan Hutchinson would put on the stand a doctor who had performed a test on some of the brain stock taken from Kevin Seery. In this type of testing, it revealed that the heart of Seery was still beating after the choke hold. It would prove Mings to be telling the truth about leaving the room after he choked Seery out, only believing he had done the deed, when in fact his effort failed.
Evidence also revealed there appeared to be vomit on the shorts of Seery and that he possibly had a seizure before his death. All of this evidence was after the act of Mings’ attempt to kill Seery, according to the pathologist for the defense. It was enough evidence to raise a reasonable doubt about the charge of first or second degree murder. However, there was enough evidence to prove an attempt was made to end Seery’s life.
In Mings’ interview with detectives, he had no knowledge of a sock being placed down the throat of his friend. Even in his confession to authorities, Mings made no mention of the sock.
A jury of his peers found Mings to be innocent of the homicide but guilty of the attempt thereof. But what jurors could not agree on were the special findings, the premeditation part of the charges.
DDA Martha Holzapfel filed for a new trial to determine the special findings.
Today, Deputy Public Defender Dan Hutchinison filed a motion to exclude a couple witnesses from the new trial. He stated he was waiting for someone else to be served also but was ready to begin trial, as did Ms. Holzapfel.
Trial will begin Tuesday October 15, if there is a courtroom available.
