Forensic analysts connect evidence to Ewing

Apr. 19—Evidence and testimony connect Demetri Ewing to the scene of a shooting after forensic analysts share their findings on evidence from the case.

Experts on DNA, gunshot residue and trace evidence testified in the sixth day of the first-degree murder trial of 17-year-old Ewing as prosecutors continue to argue their case. The trial continued into the second week on Monday beginning at 9 a.m. and finishing up around 4:10 p.m. Demetri Ewing — along with his father, Clyde — was charged with the shooting death of Samuel Johns on Jan. 8, 2021. About 15 people were in the audience, mostly family members of the victim.

Eric Seat, a DNA analyst for the Idaho State Police forensic lab, testified on DNA samples found on zip ties at the crime scene and compared it to a sample provided by Ewing. His analysis concluded that Demetri Ewing was 23,500 times more likely to be a contributor to the DNA sample than a random individual from the random population. Seat also concluded that Clyde Ewing's DNA was inconclusive as a contributor to the sample. It excluded the DNA of Johns and Patricia Labombard, who was also present at the shooting. The evidence had three different individuals' DNA on the sample.

Defense attorney Greg Rauch objected to Seat's testimony as an expert, citing lack of training and experience, as well as knowledge of other DNA statistical analysis methods. The jury was cleared during his objection and Seat answered questions from Rauch. Chief Deputy Prosecutor April Smith argued that Seat is qualified at the Idaho State Police forensic lab and uses software that is considered a standard in the scientific community. Second District Judge Jay Gaskill agreed with the prosecution and allowed his testimony.

Another expert who testified was Allison Laneve, a manager of the criminal forensic department at RJ Lee Group in Monroeville, Pa., who appeared via Zoom. She analyzed gunshot residue found on clothing taken from Demetri and Clyde Ewing. Laneve said that in order to determine the presence of gunshot residue, particles of lead, antimony and barium need to be found.

"These particles are highly specific to the discharge of a firearm," Laneve said.

She received nine items to test at her lab, all clothing items belonging to Demetri and Clyde Ewing. All four items belonging to Demetri, including two black neck gaiters, black gloves and jeans, had various amounts of all three gunshot residue particles. For Clyde Ewing, some items of clothing did not have gunshot residue particles.

However, Laneve said the testing of particles only shows that the person either discharged a firearm, was in proximity of a firearm being discharged or had contact with someone or something with gunshot residue present.

Another forensic analyst testified concerning trace analysis of evidence found. William Schneck, who operates his own forensic consulting lab, Microvision Northwest, compared evidence found at the crime scene and at the Hacienda Lodge, where the Ewings were staying at the time of the shooting. In total, he analyzed 19 items of evidence and used various measurements and microscopic analysis methods.

Schneck concluded the zip ties found at the crime scene and at the Hacienda Lodge were similar in physical and chemical appearance, although some were longer than others. The electrical tape found were all similar physically and chemically, except for black electrical tape found on the levee near the Clearwater River. The duct tape found at the crime scene and the Hacienda Lodge were also similar to each other. Some of the pieces of duct tape could not be determined because they were torn too much, and one piece was not similar.

Although Schneck pointed out that there were similarities to the materials, both physically and in their chemical makeup, it could not be determined that the materials were from the exact same source — only that they were from the same origin, like a manufacturer.

That was a factor the defense brought up during cross examination, where they argued that the analysis only proved where the materials could have come from. Schneck noted in his testimony there are lots of variations of zip ties, electrical tape and duct tape from many manufacturers. Even before Schneck's testimony, the defense offered this reason as grounds to dismiss his analysis, but Gaskill overruled the motion.

Nez Perce County Prosecutor Justin Coleman also called a witness who placed Demetri and Clyde Ewing on bicycles on the night of the shooting. Other video evidence previously shown to the jury suggested the two assailants rode bicycles to the Johns residence, and witnesses described them wearing all dark clothing. Bicycles had also been found at the Ewings' motel room at the Hacienda Lodge in Clarkston. Brian Odenborg, of the Clarkston Police Department, testified that he was responding to another call on the night of Jan. 8, 2021. While responding, he was at the intersection of Fifth and Bridge streets in Clarkston and saw Demetri Ewing with Clyde Ewing, wearing all dark clothing, masks and a headlamp with a red light. Odenborg said they were either riding on large mountain bicycles or standing next to them. They were heading in the direction of Lewiston at 12:38 a.m. Odenborg pointed to the area in an aerial map for the jury.

He recognized the Ewings based on his other interactions with the pair from December to January, and identified Demetri, who was 16 years old at the time of the shooting, in the courtroom.

Odenborg thought it was "odd that Demetri and his father were out at this time of night," he said. "It was nothing more than a fleeting thought of 'I wonder what they're doing out at this time of night.' "

Patrick Johns, the brother of Samuel Johns, also testified about events from the night of the shooting. Patrick Johns was in the home during the shooting, along with his son. The mother of his son is Virginia Higheagle, who is the sister of Clyde Ewing.

On the night of the shooting, he said he didn't hear anything but was woken up by someone else who told him there were gunshots. He went downstairs and found Samuel Johns on the floor with paramedics. He spoke to the courtroom through tears, saying, "There was nothing I could do except keep my son back." He then went with others in the home to wait outside in an ambulance until they were taken to the police station.

His testimony came under scrutiny by defense attorney Lawrence Moran. Moran said Patrick Johns' testimony changed from what he told police the night of the shooting, where he said he heard two gunshots. Moran also questioned if he and others in the home discussed the events while they were waiting in the ambulance, but Patrick Johns said they mostly sat and cried. Moran shared from a police interview that Patrick Johns said he was 95% sure it was Clyde and Demetri Ewing who did the shooting, and Patrick Johns confirmed that statement.

During the discussion of Patrick Johns' suspicion of the Ewings, the counsel approached the bench for a sidebar, and the jury was asked to leave and take a break. Gaskill noted that in pretrial hearings, some incidents allegedly involving the Ewings at the Johns' home were suppressed. However, Gaskill noted that the defense's questions opened the door to explain to the jury why Patrick Johns suspected the Ewings. The prosecution was then allowed to ask Patrick Johns about an incident where he chased the Ewings off the property after he heard banging on the home and saw both Ewings run into the alley and travel south.

Patrick Johns also spoke of an incident in December 2020 when the word "bag" was spray painted on the Johns home, and a camper and car at the residence. Patrick Johns knew Virginia Higheagle came looking for the bag, but said he didn't have any other knowledge of the bag being at the home.

The prosecution will continue making its case Tuesday beginning at 9 a.m.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.