Pair sentenced following Lazcano convictions

Travis Carlon and Ben Evensen, two of the state’s key witnesses in the four murder trials of the Lazcano brothers last year, were sentenced Jan. 10 in superior court.

Prosecution of their respective cases had been placed on hold during the four murder trials of the Lazcano brothers and then activated when Daniel Lazcano was convicted in Spokane Dec. 18 on the charge of murdering Marcus Schur in Malden Dec. 27, 2011. His brother, Frank, was convicted here March 1 of felony murder.

Carlon, 36, Pine City, pleaded guilty to a charge of rendering criminal assistance in the first degree. Judge David Frazier went along with the prosecutor’s recommendation and sentenced Carlon to six months in jail.

Prosecutor Denis Tracy said he had agreed to recommend the six-month term almost two years ago when Carlon decided to give his account of the events which happened after Schur was fatally shot at Malden. Tracy said Carlon’s account was critical in the conviction of the two Lazcano brothers.

A copy of the plea agreement was filed with the court Friday. The agreement was reached April 2, 2012, after Carlon had been arrested following the discovery of Schur’s body in the creek at Hole-in-the-Ground north of Rock Lake.

Tracy said Carlon’s first response when the Lazcanos drove to Carlon’s residence on the night of the murder was to protect the two suspects, who called Carlon their uncle. The prosecutor said Carlon on that night advised the brothers to dispose of Schur’s body, took custody of the AK-47 which was used to shoot Schur, went to Spokane with Eli Lindsey, who was the Lazcanos’ step-father, and threw the AK-47 rifle in the Spokane River. The prosecutor said Carlon also had a role in the decision by Frank Lazcano to burn the Ford Escort which they had used to transport Schur’s body to Hole-in-the Ground.

Grace Schur, the victim’s mother, gave a tearful statement to the court about her loss, and Carlon, when he made his statement, turned and apologized to Mrs. Schur who was sitting on a front spectator bench.

Judge Frazier suggested Carlon, as a father, should put himself in Mrs. Schur’s shoes as she has to live with the loss of her son.

“You made a mess out of a terrible situation,” Judge Frazier said. He noted the course of action taken after the shooting left Mrs. Schur and others uncertain about the whereabouts of her missing son for almost three months.

The judge also pointed out Carlon’s assistance to the Lazcano brothers that night probably resulted in a worse outcome for them as cases made their way through the legal system.

Carlon was credited with time spent in jail after his arrest in March of 2012. He was also ordered to pay fines and fees totaling $7,300. He was taken into custody after the sentencing but will be allowed work release.

Ben Evensen, 24, former Rosalia resident now of Spokane, was sentenced to four months in jail after he pleaded guilty to an amended charge of first degree trespass. Evensen was arrested in 2012 for breaking into the former liquor store at Rosalia March 22 and taking several cases of liquor.

Prosecutor Denis Tracy agreed to reduce the charges from burglary and theft because of the information and testimony Evensen provided in the Lazcano trials.

A copy of Tracy’s plea bargain offer to Evensen was projected in front of the Lazcano trials jurors in an effort by the defense to discredit Evensen’s testimony for the state.

Evensen Jan. 10 was credited with 114 days already served in jail and with credit for good time during those 114 days. He will not serve additional time. The prosecutor said Evensen has already made restitution for the losses sustained by the liquor store.

Tracy noted Evensen’s testimony also played a key part in the conviction of the Lazcano brothers. Evensen was also ordered to pay $2,200 in fines and fees and refrain from use of alcohol and drugs.

Defense attorney John Hart said Evensen this summer plans to move to Colorado and help his father on a ranch there.

Judge Frazier has also recused himself from presiding in the state’s case against Lindsey of Washtucna. Lindsey has also been charged with rendering criminal assistance. He was a former step-father of the Lazcano brothers.

Judge Frazier stepped aside after Lindsey’s defense attorney, L.R. (Rusty) McGuire, Ritzville, filed a motion for a change of judges.

The motion cites the July 19 hearing when Judge Frazier rejected a plea bargain agreement which had been negotiated by the state and Daniel Lazcano’s defense attorney. The motion contended Judge Frazier’s comments when he rejected the plea bargain could indicate prejudice against defendants in the case. The motion cited Judge Frazier’s comments on “false testimony and overall deceit” in previous Lazcano trials.

Judge Frazier in his recusal order agreed it would be difficult for him to preside over the Lindsey case.

The judge also stepped aside in the third trial of Daniel Lazcano which followed the July 19 rejection of the plea bargain agreement. Lazcano, who was convicted by a Spokane County jury of first degree murder, has been scheduled for sentencing Jan. 31 by Judge Maryann Moreno.

The charge alleges Lindsey went with Carlon to Spokane on the night of the murder when Carlon threw the rifle in the Spokane River.