Man to stand trial on murder charge
Apr. 22—Based on his own admissions to police after the February shooting death of his former son-in-law in the parking lot of a Lewiston supermarket, James R. Brashear was ordered by a judge Wednesday to stand trial on a single charge of first-degree murder.
Brashear, a 67-year-old Winchester resident, allegedly shot John A. Mast multiple times around 6 p.m. Feb. 5 in front of the Rosauers store on Thain Road. According to court documents and the testimony of Lewiston Police Department Detective Tyler Crane at a preliminary hearing Wednesday, Brashear said he killed Mast to prevent an unsupervised visit between Mast and the two children Mast had with his daughter, Rebecca Brashear-Mast.
"He told me that he had gone to Rosauers and that he had shot John Mast, his ex-(son-in-law) multiple times in the parking lot," Crane said of the interview he conducted with Brashear immediately after the incident.
Mast, 40, of North Dakota, and Brashear-Mast had been fighting over custody of the children for several years after their divorce, according to court documents, with Brashear-Mast claiming that her former husband had sexually abused them. No charges were ever filed against Mast, and advocates for his side have claimed that Brashear-Mast fabricated the allegations to deny him visitation.
Under questioning from Deputy Nez Perce County Prosecutor April Smith, Crane described the interview in detail. He brought Brashear a bottle of water and read him the Miranda warning advising him of his right to remain silent, Crane said, but Brashear agreed to tell him what happened that day.
He allegedly told Crane that after having breakfast with his daughter and grandchildren, she got a call from her attorney around noon informing her that Mast had been granted an unsupervised visit, which was to last from 6 p.m. Friday until 6 p.m. Sunday. The family then took steps to stop the visit, including an appeal to the state's local child protection office and applying for a temporary protection order from the District Court.
But both efforts failed, with child protection officials categorizing the request at a lower priority and the court setting a hearing later the next week.
"He didn't think that would stop the visitation," Crane said of what Brashear told him during the interview.
Then, as Brashear-Mast was packing the children's bags at her apartment in preparation for the visit, Brashear told Crane that he heard them throwing fits over going to stay with their father. That's when he allegedly decided he was going to kill Mast, Crane testified. Brashear also told Crane that he promised his daughter they wouldn't ever have to see Mast again.
Brashear then said he retrieved his 9 mm Glock handgun from the center console of his wife's vehicle, which he had driven to Lewiston from Winchester earlier in the day. He laid the gun on the passenger seat of his daughter's Chevrolet Suburban and drove to the supermarket, where the exchange of children was to take place.
Upon arrival, he waited for Mast to appear, Crane said of Brashear's statements. Brashear thought he recognized Mast's vehicle, and approached him with the gun hidden behind his back as he rearranged child car seats in the rear of his vehicle, Crane said. Brashear said something like "Hi, John" or "Hey, John" to get his attention.
"When (Mast) stepped out, he shot him in the chest," Crane said, noting that Brashear estimated the distance at about 4 feet.
Mast ran away, and Brashear said he fired three or four more times into his back, Crane said. He then removed the magazine from the pistol and the round from the chamber and laid the items on the hood of the Suburban as he waited for police to arrive.
Crane said Brashear was "matter-of-fact" when describing the incident, and showed no emotion or remorse. The only time Brashear grew emotional, he said, was when he talked about his wife finding out about what he had allegedly done.
Defense attorney Chris Bugbee, of Spokane, questioned Crane about his depiction of Brashear as "indifferent." Crane did eventually concede that Brashear was clearly frustrated over the family's failure to stop the visitation.
Crane was the only witness to testify at the hearing. At its conclusion, 2nd District Magistrate Judge Karin Seubert ruled that the prosecution had proved that it was more likely than not that Brashear had committed first-degree murder, and ordered his arraignment in District Court before Judge Jeff Brudie at 9 a.m. next Wednesday.
If convicted of first-degree murder, Brashear faces maximum penalties of death or life imprisonment.
Mills may be contacted at jmills@lmtribune.com or at (208) 310-1901, ext. 2266.
