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Brown enters pleas in Priest Lake killing

by Keith Kinnaird News Editor
| September 10, 2010 7:00 AM

SANDPOINT — Keith Allen Brown is facing a 15-year prison sentence after entering pleas to reduced charges stemming from the killing of a Priest Lake man several years ago.

Brown entered Alford pleas Wednesday to reduced charges of voluntary manslaughter and accessory to grand theft after the fact. Under such a plea, a defendant admits no wrongdoing, but concedes a conviction could result if the matter went before a jury.

The Alford pleas will be regarded as guilty pleas for the purposes of sentencing, which is set for Nov. 5 in 1st District Court.

Brown, 49, was charged with first-degree murder and grand theft in connection with the shooting death of Leslie Carlton Breaw in Coolin on Jan. 23, 2007.

Brown’s former wife, Tyrah Harding, was likewise charged.

The former couple fled the area after the slaying. They were arrested in Fort Myers Beach, Fla., several months later.

Harding, 28, pleaded guilty to grand theft and the murder charge was reduced to accessory to the second degree.

Brown, who alleges he shot Breaw accidentally during an argument, was scheduled to be tried in Shoshone County next week. The trial was moved from Bonner County because of extensive pretrial publicity.

But the case was resolved through mediation, which produced a partially-binding plea agreement.

Under the agreement, the state will recommend concurrent five- and 15-year sentences for the felony theft and manslaughter charges. The only terms of the agreement binding upon the court are Brown’s right to appeal any pretrial motions that were denied in district court and a 15-year cap on his sentence.

District Judge Fred Gibler agreed on Wednesday to adopt those terms.

Brown entered the pleas after an 11th-hour motion to suppress incriminating statements he made following his arrest in Florida. Brown was arrested on a federal warrant alleging unlawful flight to avoid prosecution for allegedly using Breaw’s bank card without permission.

Brown’s defense attorney, Dan Sheckler, argued that his client’s remarks should be suppressed because Brown never went before a federal judge and his statements were involuntary because of a mental health condition. Brown further argued that probable cause for misusing the bank card evaporated when the card was discovered in Breaw’s pocket.

Gibler denied the motion, finding that there’s an exception to the federal judicial requirement and Brown has actively participated in his defense on not only on factual issues, but legal ones also. Gibler also held that probable cause did not dissipate when the bank card was found with Breaw’s corpse.

Under questioning by Gibler, Brown said he was pleased with his defense counsel and that the state allowed mediation in the case.

“I think they are being more than fair,” Brown said.

After the hearing, Prosecutor Louis Marshall and Sheckler said they are refraining from making remarks about the case until sentencing.