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State v. McGarvey12/6/2005
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McGarvey maintained his innocence throughout all phases of the investigation, trial and sentencing. At trial, McGarvey claimed that on the morning of the homicides, he visited an occupational therapist for a finger injury suffered during a work-related accident. After the appointment, McGarvey called Grant to find out about the title to a Jeep that Grant had given McGarvey in lieu of money for work McGarvey had done on Grant's property. (Grant had previously written McGarvey a bad check for the work.) After leaving a message by phone, McGarvey drove to Grant's property, but claimed he decided to come back later, rather than approach the gates at that time. McGarvey testified that during his lunch break he drove to Grant's property and sat in his car by the gate eating lunch when Sanchez and Lopez arrived a few minutes later. According to McGarvey, Nelson opened the gate for all three men and allowed the cars to drive onto the property. Sanchez's truck required a jumpstart; after it started, McGarvey said he walked to the west side of Grant's house intending to knock on the door. When a chained pit bull lunged at him, however, McGarvey decided otherwise and told Nelson he would stop by again after work. In contradiction to Sanchez's and Lopez's testimony, McGarvey testified that he left Grant's property first, while the other two men remained behind with Nelson. McGarvey stated that he returned to Grant's property after work, gaining entry by climbing over the fence. After seeing Nelson's body in the car, McGarvey said he fled the property, frightened by the sight, and once at home, told Edwardson about Nelson's corpse. While Edwardson expressed an interest in retrieving drugs from Grant's place, McGarvey claimed he wanted no part of such plans. McGarvey testified that he did not report to law enforcement because he was on probation and feared association with criminal activity. After the homicides, McGarvey evicted Edwardson for failing to pay rent on the shop building. Because Armstrong never had permission to move onto the property, McGarvey asked Edwardson to tell Armstrong to leave, as well.
When law enforcement first investigated the crime scene, they discovered Grant's body face-up on the ground near a dog kennel outside the west entrance of his residence. In searching Grant's home, officers turned up two empty carrying cases for .357 Dan Wesson revolvers. Detectives discovered in Nelson's camper a fully loaded Dan Wesson .357 revolver wrapped in a blanket. They also found bullet parts under Nelson's mattress that matched the same class of ammunition stored in Grant's Dan Wesson gun case. Law enforcement determined that the .357 Dan Wesson revolver in Nelson's trailer matched one of Grant's missing guns; the second revolver was never recovered. Experts estimated that either a .38 or .357 caliber weapon was used in killing Grant.
Nelson's body was found in a half-kneeling, half-sitting position in the driver's seat of a vehicle parked on the property; the driver and passenger windows to the vehicle were down and blood remained splattered inside the vehicle. Detectives noted that Nelson had been shot two times-in the left temple and left jaw. While the range from which the shooting took place could not be determined precisely, the assailant apparently did not fire from close range. The investigation did not turn up a murder weapon; nor did it reveal the perpetrator's fingerprints, footprints or trace evidence, such as hairs or fibers from clothing or skin.
During the trial, at the close of the State's case-in-chief, McGarvey moved for a directed verdict pursuant to § 46-16-403, MCA, arguing that the State failed to "identify Mr. McGarvey as the per
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