State v. Hillestad

1

STATE OF WASHINGTON, Respondent, v. RILEY JAMES HILLESTAD, Appellant.

No. 39084-5-III

Court of Appeals of Washington, Division 3

December 10, 2024

UNPUBLISHED OPINION

COONEY, J.

Among other charges, Riley Hillestad was convicted of second degree felony murder, tampering with physical evidence, and failure to notify the coroner. The convictions stem from Mr Hillestad's involvement in the disappearance and murder of Jason Fox. Mr. Hillestad appeals, arguing that his convictions for second degree felony murder and tampering with physical evidence are not supported by sufficient evidence, and the victim penalty assessment (VPA) and DNA collection fee were improperly ordered against him.

The State concedes that Mr. Hillestad's conviction for tampering with physical evidence is not supported by sufficient evidence and that we should remand for the trial court to strike the VPA and DNA collection fee. Further, the State requests Mr. Hillestad's conviction for failing to notify the coroner be vacated because it violates his Fifth Amendment right against self-incrimination under the United States Constitution.

We affirm Mr. Hillestad's conviction for second degree felony murder, remand for the trial court to vacate Mr Hillestad's convictions for tampering with physical evidence and failing to notify the coroner, and direct the trial court to strike the VPA and DNA collection fee from the judgment and sentence.

BACKGROUND

On September 15, 2020, Jason Fox was reported missing. The evening prior, Mr. Fox sent his friend and former roommate two text messages that stated "22 Yergens Road" and "Just in case-but in case anything happens to me." Rep. of Proc. (RP) at 405. ^[1] Law enforcement began investigating Mr. Fox's disappearance and quickly turned their attention to 22 Yergens Road.

22 Yergens Road, located in Newport, Washington (the Property) spans over 50 acres. The Property contains a farmhouse barns, a shop with a living space upstairs, an apartment, and a tiny home. The Property also has a wedding venue and wooded areas abutting Newport Lake State Park.

Multiple people lived at or were associated with the Property including: Mr. Hillestad, Amanda Pierson, Ashley Shelgren, Georgia Sharp, Matthew Raddatz-Freeman, Claude Merritt, and Kevin Belding. Mr. Fox was previously friends with the group but a falling out had occurred sometime before he disappeared.

Two days after Mr. Fox was reported missing, law enforcement officers went to the Property and spoke with Mr. Hillestad who told them he had not seen Mr. Fox "for about a month." RP at 349. A few days later, officers spoke to Mr. Hillestad again, and he admitted seeing Mr. Fox at the Property on the night he disappeared. Mr. Hillestad stated he witnessed Mr. Raddatz-Freeman argue with Mr. Fox before Mr. Fox left the Property. Mr. Hillestad also said "he did not like [Mr. Fox], did not want [Mr. Fox] around, and that [Mr. Fox] was causing constant problems with his group of friends." RP at 304.

On September 22, Mr. Fox's vehicle was found "hidden in the woods" outside of Libby, Montana. RP at 304. Investigators found Mr. Fox's wallet and the car's keys inside the vehicle.

The Newport Police Department arranged a search of the Property using Spokane County Search and Rescue Team's human remains detection dogs. The search commenced on October 3, 2020, with the Property owner's consent. The human remains detection dogs are trained to detect "all" types of human tissue, including blood. RP at 531. The canines are taught to "get to the closest point of the odor" and sit. RP at 529.

While searching the shop on the Property with the dogs, Newport Police Chief Mark Duxbury noticed "reddish brown" smudge marks in the building's upstairs bathroom that appeared to be consistent with blood. RP at 316. Inca, one of the human remains detection dogs, alerted several times in the shop by displaying a trained final sit response at the downstairs desk and the bathroom upstairs.

Outside, in a wooded area, officers discovered a prescription pill bottle with Mr. Fox's name on it. Officers searched the path between the shop and the location where the pill bottle was discovered. During the search, they found a pair of glasses about 30 feet from the pill bottle, as well as a blue latex glove, a ratchet strap, and a bottle of bleach.

Continuing down the path, officers discovered an "unusual" clearing. RP at 334. In the clearing, there was a boat placed directly on the ground, a sailboat, and an apparently functional boat trailer flipped upside down. Additionally, officers noticed that the soil was "spongy" and found it odd that the boat was placed directly on the ground even though there was a trailer nearby. RP at 336, 338.

Officers requested that the human remains detection dogs search the clearing. Inca began "working" back and forth along the boat and did a trained final sit response at the back of the boat. RP at 543. Investigators then towed the boat and began excavating the soil underneath it.

Mr. Fox's body was quickly discovered buried a few feet underground. Mr. Fox had a large head wound, and his hands were tied behind his back. A broken cell phone was found in Mr. Fox's front pant pocket. The phone appeared to have been deliberately crushed.

An autopsy was performed by Doctor John Howard. It was Dr. Howard's opinion that Mr. Fox's body was buried over a week prior to its discovery. Dr. Howard found evidence of an injury to Mr. Fox's head consistent with a blunt object striking the side of Mr. Fox's skull. Dr. Howard determined Mr. Fox's cause of death was a blunt force head injury consistent with an impact from "a heavy instrument" such as a "baseball bat, sledgehammer" or "softball-size rock." RP at 741-42.

Investigators also searched the shop on the Property where they found bloodstains in various areas including the kitchen and one of the rooms on the ground level. The second floor of the shop had two bedrooms, each with attached bathrooms. One of the bathrooms contained bloodstains in various places. Investigators also removed a Ranger brand side-by-side off road vehicle from the Property to be processed.

Mr. Hillestad was questioned for a third time on November 7, 2020. This time, Mr. Hillestad said he operated a skid steer^[2] on the Property the night Mr. Fox disappeared. In regard to the boats, Mr. Hillestad said they were placed in the clearing because Ms. Pierson "didn't want [them] to be in wedding photos." RP at 672. Mr. Hillestad also admitted that there was an altercation between Mr. Fox and Mr. Merritt, Mr. Belding, and Mr. Raddatz-Freeman on the night Mr. Fox disappeared. He said that Mr. Merritt "tackled [Mr. Fox] and kicked him till he stopped moving." RP at 677.

Mr. Hillestad, Mr. Raddatz-Freeman, Mr. Merritt, and Mr. Belding were ultimately arrested and charged for their involvement in Mr. Fox's disappearance and murder. Mr. Hillestad was charged with first degree felony murder, second degree felony murder, first degree manslaughter, kidnapping, unauthorized removal or concealment of a body, tampering with physical evidence, unlawful disposal of remains, and failure to notify the coroner. The parties agreed to sever the trials of Mr. Hillestad and his co-defendants.

Mr. Hillestad's case proceeded to trial in June 2022. A multitude of witnesses testified, including Mr. Hillestad's co-defendants, Mr. Raddatz-Freeman and Mr. Belding.

Mr. Raddatz-Freeman testified that he used methamphetamine and was at the Property on the night of Mr. Fox's murder. When he arrived at the Property, he saw Mr. Belding, Mr. Merritt, and Mr. Fox in the shop. Mr. Raddatz-Freeman told Mr. Fox he needed to leave because "[h]e wasn't in the good graces of anybody on the property." RP at 922. Mr. Fox and Mr. Raddatz-Freeman walked to an office in the shop where Mr. Merritt and Mr. Belding were. Mr. Hillestad arrived shortly thereafter and stood outside the office. An argument ensued between Mr. Fox and the others, and Mr. Fox attempted to leave multiple times.

Mr. Raddatz-Freeman attested that Mr. Merritt took Mr. Fox's cell phone from him and handed it to Mr. Hillestad who then "smashed it onto the concrete." RP at 929. Mr. Fox again tried to leave and was "hit in the face by Mr. Hillestad." RP at 930. When he tried to leave once more, Mr. Hillestad kicked Mr. Fox in the face. Mr. Merritt also kneed Mr. Fox in the face multiple times. Mr. Raddatz-Freeman testified that he left the office at this point. As he departed, he testified that he saw Mr. Merritt lead Mr. Fox, who was bound at the wrists with a ratchet strap, out of the shop.

Mr. Raddatz-Freeman testified that when he stepped outside to smoke a cigarette, he saw the Ranger side-by-side, about 100 yards away, with someone standing in the back of it "stomping down on something in the bed" of the truck. RP at 937. Though it was dark, Mr. Raddatz-Freeman was able to see the Ranger because someone was operating the skid steer with its lights illuminated. Mr. Raddatz-Freeman then walked over to the location of the Ranger and saw Mr. Merritt jump "off the back of the Ranger," open the tailgate, and pull "Mr. Fox out of the back." RP at 938.

Mr Raddatz-Freeman stated that he next saw Mr. Merritt help Mr. Fox up and walk him towards a "hole that had been dug." RP at 939. Mr. Merritt forced Mr. Fox to his knees in front of the hole, and Mr. Fox said "'Oh, god, they're actually going to do it.'" RP at 939-40. Mr. Merritt then left the area in the Ranger. Mr. Raddatz-Freeman witnessed Mr. Hillestad get out of the skid steer that was being operated in the same area. Mr. Raddatz-Freeman walked back to the shop, leaving Mr. Fox alone with Mr. Hillestad. Back at the shop, Mr. Raddatz-Freeman saw Mr....