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| Campbell Lake as seen from Mount Erie |
There is only one small public access, so the lakefront is mostly private property, large lots and acreage, rural in nature. The dwellings are remodeled summer cottages of the 1930s and 40s, some farmhouses, and just a few large custom houses. Most residents are year-round. There are few summer people. Everybody knows everybody.
In February of 2007, a second-generation resident named Marvin Ballsmider was convicted of murdering his neighbor, a relative new-comer from Seattle named Bill Munich in October of 2005. This was a lethal confrontation over a driveway situated between the properties of the two men. From what I remember, Bill constructed the driveway that cut-off access that Marvin had in place for many years before Bill's purchase of his own lot. Marvin asserted eminent domain, but that failed, and the dispute became so heated that no compromise was made. Now, Bill could have made some allowance in his construction, but was hard-headed, however rightfully hard-headed. He underestimated the rage of a lifelong alcoholic and even more hard-headed opponent.
I heard of yelling and threats coming from Marvin's direction, and we could hear Bill's seaplane buzzing Marvin's house just after daybreak sometimes. Not something any of us would do.
One night, Marvin reached some kind of breaking point and shot Bill in cold blood at the top of the driveway. He shot once, Bill fell, and he continued pumping bullets even while his victim lay in on the ground in submission, begging for mercy. When a bystander tried to stop Marvin, calling 911 for help, that man was shot also, although not fatally.
The 911 tape is very chilling, and tells of the events clearly and specifically as they unfold. You can hear Bill pleading for his life in the background.
I know the lead detective on the case, Ken Tisconia. I also know the defense attorney, Garl Long. Garl was my boss when I worked for the Skagit County Prosectuting Attorney as a secretary, and I've known Ken since high school. I've listened to stories about this case from both of these friends.
Garl gave a vigorous defense. He said he was well-fortified, fee-wise, so he was hiring experts on a psychological theory, based on Marvin's long-term alcoholism. The defendant could not be fully cognizant of his actions, Garl explained, because he was in an alcoholic blackout, a dream-like state. That detachment would mitigate his responsiblily. There were experts who would testify to that.
I grew up with an alcoholic mother. She could slide into that blackout state without the casual observer even knowing it. I could tell because her orientation to time and space would be just off-kelter a few degrees. She could still keep up conversation (booze certainly freed-up opinions that were hard on the ear) and even work a crossword puzzle. If I should come by to see her the next day, she'd thank me for cleaning up the kitchen for her. She'd think she went to bed before I left her house and that I'd done it as a favor to her. She had no memory of doing it herself.
A clean kitchen was important to her, though. She didn't like to leave dinner dishes in the sink for morning.
I explained this to Garl while he was talking to me about planning his defense. Might as well tell him what I know. It can only help him weigh his experts. I believe, I said, that a person in that state does more or less what he normally would, but that short term memory is dissolved by the chemical. If a person is legally or morally responsible for what he does when drunk, the blackout is only a convenient cover for remorse.
I saw Ken just the other day and I asked him about his side of the trial preparation (I don't know the new prosecutor). He said he thought the murder was pretty close to pure execution, and the 911 tape was irrefutable. Even so, Garl certainly made him worry a little bit. You never know with juries.
The offer on a plea of guilty before trial was second degree murder. When the plea was rejected, the instruction to the jury leveled up to first degree murder. There were also instructions for second degree murder to the jury. There may have been other instructions, I don't know about that.
I've known Garl to bluff when he thinks it's appropriate. I've seen him question a witness about a statement that wasn't even made, just to throw the guy off-balance. He relies on the opponent's sloppy preparation to strengthen his game. It can work.
Ken said that Garl called him before the trial and said he should be very well-prepared because he had some strong stuff to confront him with.
I did not see this trial, and I did not see any poll of the jury. So I don't know if they bought the alcoholic blackout theory Garl presented to them, or if he made any prosecution witness look uncertain for just a moment, but I do know this:
Ken said Garl called him to the stand and asked him just one question: "Detective Tiscornia, were you the first detective called to the scene?" (or something like that).
"Yes, I was," replied Ken.
"Thank you. You may step down," said Garl.
Was he just having fun with Ken? Even Ken isn't sure. And Garl probably won't tell me.
The jury convicted Marvin of second degree murder. A victory of sorts. At least the roll of the dice that the trial was really all about was not any worse than the offer on a plea of guilty.
I also know Marvin's son, Thad Ballsmider. Thad's stepson, Ben, is one of my son Ross' closest friends. During the period of time that passed between the arrest and the trial, I mentioned to Thad that I felt sorry for the stress his family was going through. Thad said he thought something like this was bound to happen, but at least his dad was separated from drinking now and he might have some kind of relationship with him.
I saw in a news article that Marvin Ballsmider died in prison on October of 2009 of a pancreatic condition. Thad and his sister were at his side. Marvin's wife died a couple decades ago.
Life continues on Campbell Lake. Thad visits the family property with the occasional picnic. The house is rented, but Thad maintains it. He can launch his small boat from the ramp when he wants to zoom around as he has done all his life.
Thad doesn't appear to have any of his father's anger. A sweet guy, you might say. A very hard worker in construction, a pal to Ben and the other boys. He spends lots of time with Ben, as he doesn't have any children born naturally to him. He plays drums in a Christian rock band at Sunday services.
He alternates between periods of drinking and periods of complete abstinence.
Local gossips are hushed. People like Thad and say kind things about him. I haven't heard anything at all about the bystander who was shot. It's assumed he testified at the trial, and then went back to Seattle, where Bill Munich's people are from. The neighborhood is very quiet except for the sound of small marine engines and voices that may carry across the water. The seaplane is long gone. Today the sun is warm and the breezes light.
A good day for a picnic.
