Jury finds Powaukee guilty of involuntary manslaughter

Dec. 21—A jury found Jalene B. Powaukee guilty of involuntary manslaughter after nearly two hours of deliberation.

The three-day trial came to its conclusion Wednesday at the Nez Perce County Courthouse. There were about 40 people in the courtroom when the verdict was read.

Jalene B. Powaukee, 41, of Lapwai, was indicted by a grand jury in June on a charge of involuntary manslaughter for allegedly leaving Desmond G.L. Oatman on March 18, 2022, in an alley in North Lewiston, where he later died of an overdose. She is scheduled to be sentenced Feb. 21.

Before the verdict was read, 2nd District Judge Mark Monson asked that those in the courtroom refrain from making outbursts at the verdict. If anyone thought that would be difficult, Monson asked them to leave. No one left.

Powaukee stood and faced the jury as the verdict of guilty was read by Monson's clerk, Brittany Davenport.

The charge itself stated that Powaukee was guilty of involuntary manslaughter by dumping Oatman's body in an alley, where an ordinary person would conclude death might occur, and that the action was a reckless disregard for the consequences of her actions and the rights of others.

Nez Perce County Prosecutor Justin Coleman and Chief Deputy Prosecutor April Smith argued that Powaukee caused Oatman's death by leaving him in the alley while he was overdosed. Powaukee's public defender, Lawrence Moran, argued that Oatman was already dead when he was left in the alley.

There was no audible reaction from the courtroom, but family and friends of Oatman became emotional, wiping away tears and hugging each other. Powaukee briefly looked down when she sat down at the table after the verdict was read.

Monson addressed the jury after the verdict and said there was another matter for it to take up. It had to decide, either yes or no, if Powaukee had been previously guilty of a felony possession of a controlled substance in 2021 and convicted of forgery, a felony, in 2007. The questions were part of the sentencing options for Powaukee as a persistent violator, and needed to be decided by a jury, according to Coleman and Smith.

Smith provided the judgment of conviction as evidence to the jury and Moran waived the argument for the defense. The jury reached a verdict affirming Powaukee's previous felony convictions after 15 minutes of deliberation. The courtroom remained quiet as most of the people stayed to hear the jury's decision on the two questions. When the verdict was read, Powaukee was led out of the courtroom in handcuffs and Monson adjourned the jury.

The maximum sentence for involuntary manslaughter is 15 years, but after the verdict Powaukee can be sentenced as a persistent violator, which means she faces a maximum of life in prison, Smith said. The questions for the jury had to come after the involuntary manslaughter verdict. Otherwise it would be too prejudicial, Coleman said.

After the two verdicts were read, friends and family of Oatman thanked Coleman and Smith.

Coleman said he was "really happy with the outcome" on the guilty verdict.

He said that there was a lot of work involved with the case from many different agencies. During the trial, investigators testified from the Idaho State Police, the Nez Perce Tribal Police Department and the Lewiston Police Department. Work by the FBI was also involved.

"This is the first step of justice for Mr. Oatman," Coleman said. "I hope it's the start of some level of closure for the family."

On the last day of the trial, the prosecution called its final witness and then rested its case.

Dr. Makinzie Mott, the deputy medical examiner at the Spokane County Medical Examiner's Office, testified about Oatman's autopsy and cause of death and answered questions from both attorneys about the death. While she testified, photos of the autopsy were shown to the jury. Members of Oatman's friends and family became emotional and a few left the courtroom when the photos were shown.

Mott performed the autopsy and noted Oatman had scattered scrapes and bruises on his torso and extremities, including one near his left upper chest. She testified that some of the injuries, including the scrape on his left upper chest and on his back, occurred while his heart was still beating, even though he couldn't give an exact time. Coleman asked if the scrapes on his back were consistent with being dragged across a rough surface, and Mott said they were.

Mott testified that Oatman died of combined toxic effects of methamphetamine, fentanyl and alcohol.

"In layman's terms, this is an overdose," Mott said.

Mott said that Oatman's lungs were full of blood and fluid and his brain was swollen because of the effects of the drugs. Coleman asked Mott, with all the swelling, how long it took Oatman to die. Mott said she didn't have a specific time frame but "This was not an instantaneous death."

Coleman asked Mott about rigor mortis, which is the stiffness of muscles after death. Mott said that rigor mortis sets in at various times based on the characteristics of the person and the environment, but typically it can be from 30 minutes to a couple of hours after the time of death.

During cross examination, Moran asked Mott if she knew when Oatman died and she said that she couldn't determine that.

Moran asked about other effects of the body after death, including coloration and temperature. Mott said the characteristics of the person and the environment in the case of Oatman wouldn't have that much affect on rigor mortis setting in. The cooling of the body after death is also hard to predict but typically the limbs cool before the torso.

Moran asked Mott how long an overdose can last and she said it's difficult to determine but can last anywhere from 30 minutes to a couple of hours. It's also difficult to estimate when the overdose begins after the substance is ingested. She said she couldn't tell when Oatman took the substances that caused his overdose or when he started to overdose.

Mott also confirmed with Moran that, with the injuries to the body, she couldn't tell exactly when or how they occurred. She testified that Oatman didn't die of exposure but of an overdose.

After Mott's testimony, the state rested and the defense began its argument by asking Monson for an acquittal outside the presence of a jury. Moran said the state hadn't proven its case that Oatman died as a result of Powaukee leaving him in the alley and that he wasn't alive when he was left. Smith argued that there was enough evidence to give the case to the jury, citing testimony from Mott and other witnesses that Oatman was alive when he was left by Powaukee. Monson allowed the case to move forward.

After the denial of the motion to acquit, the defense rested and called no further witnesses. Monson also went over Powaukee's rights when she decided not to testify, based on advice from Moran.

Attorneys for the prosecution and defense gave closing arguments for about an hour. One juror was randomly selected to leave to create the final 12-member jury of 10 men and two women.

In his closing arguments, Moran asked the jury to answer the singular question on the verdict form about Powaukee's guilt in killing Oatman by leaving him in an alley.

"That's the only question you have to answer today," Moran said.

He told jurors to make its decision based on the evidence and testimony presented, not on personal feelings about Powaukee or what they might have done in the same situation.

Moran said none of the witnesses saw Powaukee kill Oatman and none could say that he was alive when he was left in the alley. The time of death was also uncertain and his cause of death was determined to be an overdose. He said if the jury couldn't determine beyond a reasonable doubt that he was alive when he was left in the alley, then they had to return a verdict of not guilty.

"If he was dead when he was removed from the vehicle, Jalene Powaukee could not have possibly killed him by leaving him in the alley. He was already dead," Moran said.

Coleman gave his closing arguments and a rebuttal argument after Moran's statements. He also replayed the video of Powaukee driving by the alley with Oatman before she left him in the alley. Coleman said Oatman is seen alive and upright in the vehicle and then two minutes later he's slumped over when he's left in the alley.

Coleman outlined the evidence and witness testimony as well as the time line of what happened. He also restated testimony from Mott of her evidence that showed he was still alive and that his death was long and drawn out as he was overdosing.

Coleman said Powaukee knew Oatman was dying and needed help but didn't call 911 or anyone else for help. He highlighted actions taken by Larry Boyd, the owner of the Lightning Horse Bar and Grill where he was found, and the first responders who arrived that all tried to help and revive him.

"Desmond could have been saved easily," Coleman said. "An ordinary person would not have left him there to die"

Coleman said Powaukee's actions weren't reasonable and she behaved recklessly and those decisions and actions caused Oatman's death. Coleman said Oatman was 25 years old and had children. He said he had his life ahead of him. But instead of Powaukee helping him, Coleman said she went to the casino and was seen gambling and drinking.

"The greatest gamble (she made) was that she wouldn't get caught for what she did," Coleman said.

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