Pivotal question in Powaukee involuntary manslaughter case: cause of death

Dec. 19—The involuntary manslaughter trial for Jalene B. Powaukee began with testimony from first responders who found the body of Desmond J.L. Oatman.

There were about 35 people in the courtroom on the first day of the trial for Powaukee on Monday at the Nez Perce County Courthouse. Powaukee, 41, was indicted by a grand jury in June on a charge of involuntary manslaughter for allegedly leaving Oatman on March 18, 2022, in an alley in North Lewiston, where he later died of an overdose.

Jury selection for the trial began at 9 a.m. and concluded around noon. The jury consists of 11 men and two women and is being presided over by 2nd District Judge Mark Monson.

In opening statements, Chief Deputy Prosecutor April Smith said that the prosecution will prove that Powaukee killed Oatman by leaving him in the alley behind the Lightning Horse Bar and Grill, where he was found almost an hour after.

Smith noted that Powaukee and Oatman had been messaging each other for over a month. Smith said Oatman was in a red Honda CR-V with Powaukee and allegedly used drugs in the car, where he overdosed in the passenger seat. Powaukee allegedly dumped Oatman, dragging his body in the gravel alley, and then left, changing clothes and going to the Clearwater River Casino, according to Smith.

"(Powaukee) threw Desmond out like trash and left him to die," Smith said. "She did not call 911. She did not take him to the hospital.... An ordinary person would not have left him to die."

Powaukee's public defender, Lawrence Moran, gave his opening statements. He told the jury that there is a singular question they need to answer.

"Did Jalene Powaukee kill Desmond Oatman by dumping him in an alley?" Moran said.

He repeated the question several times during his opening statement to highlight its importance to the trial.

Moran noted that, with the charge of manslaughter, the prosecution must prove not that the person died but that one person killed the other. He said witnesses from the state will show that Powaukee didn't kill Oatman.

The first witness was Larry Boyd, owner of the Lightning Horse Bar and Grill in North Lewiston. He testified that he was working at the bar the night of the incident and left to get supplies for the restaurant. When he returned, the front of the parking lot was full, so he went to the back. When he went into the alley he saw a body lying face-down.

Boyd said he called 911 and five minutes later Idaho State Police Trooper Travis Bucher arrived. Boyd also said he didn't see any movement from Oatman.

Bucher also testified and said that he responded at around 6:50 p.m. to a report of an unconscious male. He found that Oatman's extremities were cold and his lips were blue, but when Bucher rolled him over, Oatman's stomach was warm. He provided first aid until the ambulance arrived.

Mark Swift, a paramedic with the Lewiston Fire Department, was one of the medics who responded. He testified about the efforts used to revive Oatman, including administering three or four rounds of Narcan, providing oxygen, using a defibrillator and cardiopulmonary resuscitation. Swift said crews were on scene for 15 to 20 minutes before Oatman was taken to the hospital.

Swift testified that Oatman hadn't been breathing and there was no pulse detected but there was "pulseless electrical activity," meaning there was electrical activity in the heart, but the heart wasn't beating.

Swift testified under the direction of Smith that even though there was no pulse or breathing there were also no signs of rigor mortis. However, during cross examination from Moran, Swift told investigators that when he arrived to the scene he thought the person was dead.

Swift also explained the use of Narcan, which helps reverse opioid overdoses. In his experience all those who still had a pulse and were administered Narcan revived. However, Moran confirmed that Oatman didn't have a pulse and he also asked Swift if those without pulses recovered after using Narcan. Swift said individuals who received CPR and Narcan even without a pulse still recovered.

Smith also asked Swift about administering Narcan to Oatman sooner, after an objection from Moran was overruled by Monson. Smith then asked Swift if the outcome would have been different if medics would have responded within 3-5 minutes after Oatman was left.

"The outcome may have been different if it was an opioid overdose," Swift responded.

Joe Stormes, a detective with the Lewiston Police Department, responded to St. Joseph Regional Medical Center. He documented Oatman's body with photographs as well as his belongings.

Stormes noted that Oatman had several scrapes that appeared fresh on his chest near his left armpit and on his lower back, along with dirt. Multiple witnesses also testified that Oatman's jacket was pulled up covering his head, and his shirt left parts of his back and stomach exposed.

In Oatman's jacket there was a clear container with seven fentanyl pills. Stormes told Moran that the container wasn't tested for fingerprints or DNA. There was a piece of unwrapped tin foil in Oatman's belongings, which Stormes told Moran had no remains of narcotics. Stormes explained that tin foil is used by some individuals to smoke fentanyl.

Photos of Oatman's body and the container with the pills were shown to the jury.

Thomas Risley, who works for a property management company, provided investigators with surveillance of the alley. The video shows at around 5:45 p.m. in daylight a red vehicle pulls in behind the Lightning Horse in the alley. The alley is between the structure on one side, with a fence and an open field on the other. A person, who the prosecution states is Powaukee, gets out of the vehicle and walks behind the car to the passenger side. The person removes Oatman from the passenger side of the vehicle and drags his body into the alley. There is a brief moment when the person stands over Oatman before returning to the driver's side of the vehicle and driving away.

Several friends and family members of Oatman became emotional when watching the video.

Kim Reuben, Clearwater River Casino surveillance director, also provided law enforcement with video. Reuben said she is familiar with Powaukee and knows what she looks like and identified her in the courtroom as wearing a black pants suit with a pink shirt.

The video was shown to the jury over the objection of Moran. The video shows Powaukee at various times through the day, 2:40 p.m., 4:12 p.m. and 5:24 p.m. going in and out of the casino in the same clothes with an unidentified individual. At one point the video zooms in to get a close image of Powaukee and her clothing. Powaukee is also seen leaving the casino parking lot twice in a red SUV.

In cross examination, Moran noted to Reuben that the videos don't show Powaukee and Oatman together and it doesn't show her killing him, to which Reuben agreed.

The trial will continue at 9 a.m. today with more witnesses for the prosecution.

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