Appeals ruling ends prison term

William P. McBride, former Oakesdale resident who was sentenced to 68 months in jail after he was convicted here of burglary and theft of a motorcycle, was allowed release from prison May 6 after his conviction was overturned by the state’s Division III appeals court in Spokane. McBride, who was brought to court here from the state’s Airway Heights Correctional Center, was ordered to be returned to the center by Monday where he would be processed for release from custody.

Under terms of a plea agreement Friday, McBride admitted to a charge of taking a motorcycle and was sentenced to 25 months, the amount of time he has already served in the state’s prison system. He was listed with an offender score of seven with prior convictions dating back to 2001.

The appeals court ruling dealt with testimony at the trial. The court ruled the cross-examination of Amy Baird, the lone witness to testify for McBride’s defense, went beyond a court rule which limits the extent of questioning of a witness who had been previously convicted. The 30-page decision, written by Chief Judge Laurel Siddoway, reversed McBride’s conviction which was made by jury verdicts in court here in February of 2014.

Witnesses for the state in the trial were Kenneth Himes and Shelia Evans, both of Tekoa. Himes and Evans were also convicted for charges related to burglaries in the Tekoa area. The appeals court finding noted Himes and Evans agreed to testify against McBride in exchange for a reduction in the number of charges brought against them.

McBride Friday pleaded guilty to a charge of taking a motorcycle owned by Dominick Petrovich of Rosalia. He was also ordered to pay $3,125 in restitution to Petrovich. Himes and Evans were also named as jointly responsible for the restitution.