Man accused
in Pasco death to argue self-defense
Mid Columbia Tri City Herald - Mid-Columbia,WA,USA
This story was published Tuesday, February 20th, 2007
By Kristin M. Kraemer, Herald staff writer
A 60-year-old man facing a murder trial this week says he
is being judged by his past misdeeds and was only defending
himself last October when the victim attacked him.
"I'm being persecuted on my past more or less which I have
paid for in the eyes of the law, and I regret every bit of
it, but they still use it against me," Charlie M. Harper
wrote in one of two letters to the Herald after the Oct. 8
death of Cleveland Everhart.
"But anyway I can't figure out how can a person be charged
with murder when the person attacks you."
Harper's trial is scheduled to start Wednesday in Franklin
County Superior Court. He could face life in prison under
Washington's three strikes law if convicted because of a
criminal history including three first-degree robberies and
a drug possession by a prisoner.
Defense attorney Carl Sonderman has told the court he will
argue Harper acted in self-defense.
Harper told the Herald he was "only trying to keep from
getting hurt" and that the second victim, Virginia
Williams, is lying to Pasco police about what really
happened that night.
Officers responded at 11:30 p.m. to 132 S. Hugo Ave. for a
reported disturbance between Harper, Everhart and Williams.
The fight was broken up, then paramedics were called when
Everhart started showing signs of being in distress, police
said at the time.
Everhart died about an hour later at Lourdes Medical
Center.
An autopsy showed that all of the arteries in his heart
were at least 95 percent blocked and any prolonged physical
activity could have triggered cardiac arrest. But it was
determined that Everhart's fatal heart attack was brought
on by the fight between the two men, including an apparent
chokehold by Harper.
Harper is charged with second-degree murder, along with
second-degree assault on Williams during the incident. The
jury also will have the choice of finding first-degree
manslaughter as an alternative to the murder charge.
Prosecutor Steve Lowe has called it a tragic and unique
case, saying a person is accountable if they assault
someone and it causes their death, even if the victim is
frail and in ill health.
The case was filed under the new felony murder rule
permitting assault as the basis for the charge.
Harper claims he did nothing wrong except "let my heart
blind me when everybody told me I needed to leave" Williams
alone.
The two were previously involved. Harper said in a court
hearing shortly after the crime that he was "trying to get
my clothes on, get my shoes on and go home" when Everhart
attacked him.
Everhart lived with Williams in her Hugo Avenue home. Their
relationship was unclear, though they have been described
as friends and significant others, in addition to Williams
being a caretaker for Everhart.
Harper lived down the road at 511 S. Hugo Ave.
Court documents said Harper "struck Ms. Williams on the
left thigh and knee with a metal bar that he had brought
with him." Williams told police that Harper swung the bar -
about 21⁄2 to 3 feet long - four times and struck her
twice, the documents said.
That's when Everhart came out of a back bedroom to help
Williams and a struggle ensued, during which Harper
allegedly strangled Everhart with both his hands and the
metal bar.
Williams called 911.
Harper, in his letters, said he has people who have known
"me all my life an they know I never started a fight with
anyone before and I'm 60 yr. old now."
Everhart, he claims, "hit me in my left side and attacked
me. I begged him to just let me go home, and I swear this
is the whole truth nothing but the truth so help me 'God.'
"
Harper told the Herald he has been out of custody since
1998 and has not done anything wrong "because I don't live
that life anymore. I just want to live my life out and be
'happy.' I don't deserve to be locked-up for the rest of my
life for something that I didn't cause."
Harper has been held in the Franklin County jail on
$250,000 bail since his arrest.
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