Verdict, sentence, appeal in Luden murder case

Stating he concluded Erik Luden was very dangerous for whatever reason, Judge David Frazier Friday sentenced the former WSU student to the maximum term he could receive under state law. Luden was sentenced to 220 months, the top of the sentencing range for the second degree murder of his father May 30, plus 24 months for use of a dangerous weapon.

Luden was convicted by a jury of the murder Dec. 16 at the end of a two-day trial. The jury also ruled that the cooking pot which Luden used to bludgeon his father was a dangerous weapon. The 244-month total sentence ordered by the judge exceeded the term recommended by Chief Deputy Prosecutor Bill Druffel when he addressed the court Friday. Druffel asked for a 220-month total sentence, with 196 months for the murder conviction plus the mandatory 24 months for use of a dangerous weapon.

Luden's mother, who was the first witness to testify when the trial started last Monday, asked the court to sentence her son to the standard range minimum, 123 months.

"I'm in an impossible situation," Shannon Luden told the court. "I've lost the two most important men in my life." She added the situation was "sad, tragic and such a waste."

She said that her husband, Virgil Clifford Luden, 58, who had traveled to Pullman last May to help their son move back home to Sammamish, had been robbed of his future and retirement years.

Mrs. Luden told the court Erik had never been violent, but added he had experienced major depression problems and had been in a "downward spiral."

"Cliff was helping him right to the end," she said, adding that they always wanted Erik to grow up to be "functional, happy and self-sufficient."

Noting he concurred with Mrs. Luden's recommendation, Defense Attorney Steve Martonick declined to add a comment.

Luden, who was brought to court with handcuffs linked to a security belt and escorted by three deputies, replied "no, your honor," when asked if he wanted to comment.

Judge Frazier said evidence presented at the trial convinced him Erik Luden had committed "absolute, brutal murder." The judge pointed out during the trial he had looked at the victim photos of Mr. Luden dead on the apartment floor in Pullman. He also said he had listened to testimony late in the trial of blood spatters in the apartment which indicated Mr. Luden had sustained most blows to his head and neck when he was already down on the floor of the apartment.

The judge credited the jury for discounting the defense argument that Erik Luden had acted in self-defense because his father had attacked him.

"It looks like the jury found that absurd, and that's the way I saw it," Judge Frazier said.

The judge added he suspected Erik Luden does have mental health problems and depression, but he said he didn't see how those were linked to the brutal killing of his father.

The judge noted Luden's bad behavior during the months he has been in jail and during some of the preliminary court sessions.

"You can turn it on and you can turn it off," the judge observed.

A notice of appeal was filed Friday following the sentencing by Defense Attorney Martonick. The appeal will be filed with the state's Division III Appeals Court in Spokane. Luden was also declared indigent, which means his attorney for the appeal and all reports, records and other materials needed for the appeal will be provided at the state's expense.

An attorney for the appeal will be appointed by the Division III court.

Also filed after Friday's sentencing was a warrant of commitment for Luden to be transferred to the state Department of Corrections to begin serving his sentence. Luden was credited with 202 days served in jail here while awaiting trial, which concluded with a jury conviction on the charge Dec. 16.

The jury began deliberation at 9:10 a.m. after reporting for duty during the snow storm, and they reported they had a verdict at 2:15 p.m. One question sent out by the jury during deliberation was whether or not intent for a crime would have to be present at the onset or arise later during the event. They were advised by the court to refer to their instructions.

Testimony for the trial ended at 2:42 p.m. Dec. 15. Martonick, who cross examined witnesses, rested the defense without calling defense witnesses.

The state called 14 witnesses to testify, and 35 evidence exhibits were admitted for jury consideration.

At the end of the trial, Martonick cross examined witnesses on evidence related to an alleged fight between Erik Luden and his father, and also about Mr. Luden's cardiac condition. Before he closed the defense, Martonick called back Pullman Detective Scott Kirk, who sat at the prosecutor's table during the trial. Martonick asked about the number of times Erik Luden was believed to have struck his father on the head and neck with the pot. Kirk said the original report he had received estimated the number of blows at nine, not the 15 blows which had been cited by medical witnesses earlier.

Erik Luden in his 911 call May 30, told the dispatcher his father had attempted to stab him with a knife. During the trial, witnesses were questioned about a butter knife which was found at the scene and later presented as evidence. The self-defense argument was also carried out in the context of cut wounds which were found or Erik Luden's left forearm and whether or not they could have been self-inflicted.

One of the first witnesses in the state's case, a resident of an adjoining apartment, testified about hearing noises, shouting and thumping which shook her furniture. She relayed an account of the noise via instant message to her boyfriend and then reported at 4:36 p.m. that day that the noise had stopped. Erik Luden's 911 call to Whitcom was logged at 4:47 p.m.

An earlier timeline for the murder was established with the testimony of the state's second witness, Hannah Horvath, who had been scheduled to clean out apartments at the end of May. Horvath told the jury she saw Erik Luden and his father getting out of a car and going into the apartment. She added that Mr. Luden, who had traveled to Pullman to help his son move home to Sammamish, talked with her for a short time about cleaning rates.

Horvath said that just before seeing the Ludens outside of the apartment she had made a purchase at McDonalds on Stadium Way which was located near the apartment. After learning about the investigation from her employer the next day, she located her McDonalds receipt, kept it and later handed it over to Pullman Police. The time recorded on the May 30 receipt was 3:43 p.m., 64 minutes before Erik Luden called Whitcom.