Idaho court vacates second-degree murder conviction of man who claimed self-defense
A Sandpoint man’s second-degree murder conviction in the death of a 26-year-old has been vacated by the Idaho Supreme Court. He will likely face a retrial.
Michael McDermott, 50, was sentenced to 25 years in prison, with 10 years fixed, in Bonner County District Court in December 2019, according to the opinion released by the state’s highest court. McDermott would have been eligible for parole in July 2030, according to online records from the Idaho Department of Correction.
McDermott appealed his conviction — not because he didn’t kill Robert Waholi, of Sandpoint, but because he says he acted in self-defense.
In an opinion published Tuesday, the state’s highest court set aside the second-degree murder conviction because the district court gave an additional definition of the term malice, which rendered McDermott’s trial unfair.
The jury heard two definitions of malice, with one stating it can be expressed or implied, and another saying it was just the “intentional doing of a wrongful act.”
“Therefore, we cannot conclude it is clear beyond a reasonable doubt that a rational jury would have found McDermott guilty of second-degree murder absent the erroneous instruction,” according to the document.
In March 2019, McDermott went to his ex-girlfriend’s RV “in the hopes of obtaining methamphetamine,” according to court documents. When McDermott found Waholi inside his former girlfriend’s home, he slammed her head — twice — in her front door, which caused her to fall, court records show.
McDermott exited the RV, but then Waholi came out carrying a large double-edged ax. McDermott shot Waholi, killing him.
During the jury trial, McDermott testified that everything “happened in seconds” and that he “thought (Waholi) was going to chop him with an ax.” He said Waholi was an immediate threat and he thought he was going to die, according to court documents.
Waholi was reported missing by his family two days after the shooting, and his body was found a few days after by authorities in a rural area south of Sandpoint, KREM reported.
If no one files a petition, the case will go back to Bonner County District Court for a retrial. The Bonner County Prosecutor’s Office could not be reached for comment Thursday.
The opinion will not be finalized until late March, according to Idaho Appellate Rule 38. During that period the state can ask the Idaho Supreme Court to bring the case for reconsideration or rehear the case. The attorney general’s office could also appeal the decision to the U.S. Supreme Court.
