By Craig Fox
Watertown Daily Times, N.Y.
WATERTOWN, N.Y. — The Fort Drum staff sergeant accused of killing Trooper Joel R. Davis last summer during a domestic incident is headed to trial in the fall.
On Wednesday, Justin D. Walters appeared in Jefferson County Court for an evidence suppression hearing in which a trooper testified that Walters told him he “was just trying to scare him” when he allegedly shot Trooper Davis in the driveway of the defendant’s County Route 46 home last July.
Walters also is accused of shooting his wife, Nichole V., 27, multiple times, killing her at their Theresa home on July 9 and injuring her friend, Rebecca Finkle. Trooper Davis was responding to a domestic incident. Ms. Finkle has since recovered from her injuries.
Trooper Chris Wyant was the first officer to arrive on the scene and heard gunshots as soon as he got there.
The exchange occurred when Walters was walking down the driveway with his hands out to his side, saying “I’m done. I’m done,” according to Trooper Wyant.
Walters asked if the trooper was OK. Trooper Wyant responded that his friend was dead.
Gesturing to another trooper near the deceased Trooper Davis, Walters told Trooper Wyant “No, he’s not. He’s right there.”
“No, there’s another trooper dead in the ditch,” Trooper Wyant told Walters, referring to Trooper Davis.
“I was just trying to scare him,” Walters said.
A number of state troopers and investigators testified during Wednesday’s hearing about what happened the night Walters was interviewed. Walters gave several statements, both at the scene and then later when interviewed at the troopers’ station in Watertown.
While the interview occurred over several hours, Walters asked for a lawyer about 54 minutes into the session, Jefferson County District Attorney Kristyna S. Mills said. Anything after that request will not be used during the trial, unless Walters testifies and subsequently says something inconsistent from his statements to investigators, Walters’ attorney, Edward F. Narrow, said.
But Mr. Narrow said Thursday that his client will not take the stand.
Walters is charged with three counts of first-degree murder. He has pleaded not guilty to all 55 counts lodged against him in a grand jury indictment.
Mr. Narrow said he would file a notice to use “mental disease or defect” as a defense for his client.
In the weeks leading up to the shooting, Walters posted to his Facebook account about death, getting treatment at Fort Drum’s Warriors in Transition Unit and frustrations with the Army.
He had been in the Army for 10 years and was deployed to Afghanistan twice.
Walters will continue to be held in the Metro-Jefferson Public Safety Building without bail.
Judge Kim H. Martusewicz told the district attorney and Mr. Narrow to submit a written “memorandum on the law” by April 13. The judge will decide whether any of Walters’s statements should be suppressed.
He will also determine whether evidence collected by investigators from the house and yard, some electronic items and the T-shirt containing blood that Walters was wearing should be suppressed.
Before the trial begins, Walters is scheduled to take a psychological exam on July 9. The district attorney and Mr. Narrow will bring in experts to offer opinions on the exam’s findings, the defense attorney said.
He expects the trial will be in the October or November time frame.
©2018 Watertown Daily Times (Watertown, N.Y.)