Defense disputes indictment in Rambo case

COEUR d’ALENE — Defense counsel in the Tyler Rambo case accused prosecutors Tuesday of not turning over hundreds of pages of discovery documents.

Rambo’s attorney, Rick Baughman, said Tuesday in Coeur d’Alene’s First District Court that he has been unable to peruse the discovery documents to prepare for Rambo’s attempted second-degree murder and aggravated assault trial set for March.

“I just need to get working,” Baughman told First District Judge Cynthia K.C. Meyer.

Prosecutors, however, said that the stack of police and witness reports have been available to Baughman for a while.

Deputy prosecutor Jed Whitaker said he chose not to turn over documents that contain personal police information until it has been redacted.

“This is a safety issue with his client,” Whitaker said. “(Baughman) can come look at the un-redacted files whenever he wants.”

An earlier court issued a no-contact order that prohibits Rambo - if he were to post bail - from going near the Coeur d’Alene police department. He has been in jail since September, and through his attorney filed a $9 million claim against the city of Coeur d’Alene.

In Tuesday’s exchange, Baughman told the court he had “neither the time or inclination” to spend a dozen hours at the Kootenai County prosecutor’s office poring over the un-redacted files. He wants them sent to his office.

But Whitaker held firm.

“(Baughman) can come look at the un-redacted files whenever he wants,” he said.

Judge Meyer gave prosecutors until Jan. 2 to redact the personal information and ship it to Baughman’s office.

“He’s also entitled to the unredacted version,” Meyer said.

In Tuesday’s hearing, Rambo, 18, pleaded not guilty to eight counts of aggravated assault on police, each carrying a potential 10-year prison sentence. He also pleaded not guilty in an earlier hearing to an attempted second-degree murder charge and an aggravated assault stemming from a July 4 incident at Coeur d’Alene’s City Park. Rambo allegedly hunted down a Spokane gang member and tried to shoot him with a .357 revolver during the annual fireworks show.

Meyer set bail at $500,000 on the new charges despite urging by Whitaker for a $1 million bail, and Baughman’s repeated pleadings to set a low bail for Rambo, who is confined to a wheelchair because his legs were amputated after he was shot 12 times by police.

“He has a constitutional right to a reasonable bond,” Baughman said. “He’s not going anywhere.”

Rambo was shot after pointing a gun at officers in downtown Coeur d’Alene, and moments after attempting to shoot another man, Jawaun Anderson of Spokane, in an altercation at Independence Point, prosecutors said.

Before he was shot by police, Rambo disregarded orders to drop his firearm, Whitaker said. He was shot after raising the gun and pointing it at police.

“He was commanded 24 times to drop the firearm,” Whitaker said.

After being shot with a taser, Rambo allegedly pointed the revolver at officers.

“(He) intentionally fired at them,” Whitaker said.

Baughman called Whitaker’s depiction disingenuous.

“His argument is his opinion,” Baughman said.

He asked the court to dismiss the indictment because Rambo, he said, simply brandished a firearm and did not use it to threaten police.

“Brandishing is not an assault,” Baughman said.

Meyer said the dismissal of the indictment should be addressed by both attorneys and asked them to argue for or against the measure via briefs.

Whitaker said the evidence as presented to the grand jury and the resulting charges are bomb proof.

“It’s solid,” he said. “This is an extremely strong case.”

Rambo’s next court appearance is set Feb. 20 in Coeur d’Alene.