A 17-year-old accused of murder will be bound over for trial, despite arguments by defense attorneys that their client had been lured to a dark alleyway for a beating and acted in self-defense.
Ian Zachary Laboyd is accused of killing Matthew York, 19, in the alley behind Cashwise in the evening hours of Nov. 10, and of wounding 19-year-old Parker Haider.
He faces five charges in all, murder, a class AA felony; attempted murder, a class A felony; possession of stolen property, a class C felony; delivery of a controlled substance, a class A felony; and tampering with physical evidence, a class C felony.
The murder charge carries a maximum sentence of life without parole, and has a mandatory minimum sentence of four years. Parole would require at least 85 percent of the sentence to be served.
In the preliminary hearing Jan. 8, Defense Attorney Kevin Chapman highlighted, through the testimony of Det. Samuel Aide, evidence that he said shows his client thought he was meeting Christian Axelson to sell him two “acid” tabs (a hallucinogen) and a marijuana joint for $20.
However, Axelson never exited the vehicle at the meeting spot in the alley behind Cashwise.
Instead, Chapman said, Laboyd was confronted by York and Haider. York had accused Laboyd of stealing some acid tabs from him a few days before.
There was “shouting” and there was “screaming” Chapman said eyewitnesses said. This was not mere conversation, as suggested by York’s companions.
“Matthew York was very upset about the situation,” Chapman said.
In fact, Chapman said, in the deposition of a woman who was watching movies with York just prior to the shooting, York told her he wanted to “beat (LaBoyd’s) ass.”
Chapman also argued that no laboratory tests confirmed that a vial left by Laboyd at the home of a juvenile female sometime after the shooting contained anything illegal.
Thus, Chapman asked that all charges be dismissed.
Kelly Dillion, an assistant attorney general handling the prosecution, meanwhile, argued that the facts in evidence are more than enough to show probable cause that Laboyd did shoot a 22-caliber firearm at York, who died as a result of the wound, and at Haider, who was hit in the chest and sent to the hospital.
The firearm used in the shooting was found discarded in a trash dumpster at Taco Johns, Miller said. The gun was traced to its owner, Eric Braaten. Laboyd lives in the same residence as Braaten.
Braaten told police Laboyd was not authorized to have the firearm in his possession.
Video surveillance from Taco John’s shows an individual fitting Laboyd’s description near a trash dumpster in the parking lot. There are also footprints near the dumpster that match the pattern on the soles of shoes found in Laboyd’s room at the Braaten household, along with clothing consistent with what was seen in the video.
Not only does the surveillance footage tie Laboyd to the shooting, Miller said, but it also shows Laboyd is trying to conceal evidence.
As far as the drug charges, the evidence on record shows that Laboyd did set up a drug transaction with Axelson. There are texts between the two about it.
“Following (the shooting) he went to the residence of a juvenile female with a vial of substance that he identified (to her) as acid,” Dillon added.
Judge Paul Jacobson said he agreed with the prosecution that enough evidence had been presented for probable cause for a trial on all five of the counts.
A date for the trial, however, has not yet been set. Jacobson had suggested the week of April 13, however, Chapman said he believes it will take 10 days for the trial.
Jacobson said he would rather err on the side of caution, and ensure there is enough time for the trial. He set the matter for a status conference to determine a new trial date, and took under advisement the defense objections to consolidating the charges into one case.