Couture found guilty on all three counts

Sighs of relief were heard among the rows of Daniel McLeod's friends and family as a jury found James Arthur Couture guilty of deliberate homicide and two counts of tampering with physical evidence last Thursday before Judge Kim Christopher.

Russel Burland whispered a silent "Yes" while Jackie Aimsback wiped the tears from her eyes and clutched her cousin — the victim's brother, Don — close.

It's taken them two and half years to get to this point. And though the nearly week-long trial may have opened some old wounds, the final outcome is that justice has been served, family members said.

"I'm just glad we finally got some justice," said Aimsback, wearing a T-shirt with a photo of her cousin on the front. "It's been really tough."

Couture, who shot 19-year-old McLeod 20 times for breaking into his home to steal marijuana, appeared before the jury clad in an orange jumpsuit to receive the verdict. Head hung low and face hiding behind long shocks of hair, the convicted murderer ambled his way out of the courtroom back to jail where he'll wait to receive his sentence Jan. 11, 2007.

In the closing arguments, Chief Deputy County Attorney Mitch Young told the jury the decision wouldn't be a hard one to make, and they apparently agreed, reaching their verdict in 90 minutes.

Evidence stacked up against Couture in the days prior to his guilty verdict.

On Wednesday of last week, the jury heard more testimony from Tina Thatcher, Couture's ex-girlfriend. She told of accounts where Couture tried to persuade her to shoot anyone who entered his home in his absence. He left a 9mm gun on the bed beside her, telling her that if she couldn't pull the trigger than at least hold them at bay and he would do it.

In a plot to exact revenge on the thief, he told her to leave his house wearing his clothes and drive off in his blue Ford Focus to make it appear as though he left the house. Meanwhile, he'd stay inside, lights off and wait for the intruder.

She refused to participate in any such ploys.

Thatcher, who suffers from multiple sclerosis, fibromyalgia and rheumatoid arthritis, among other ailments, was questioned by defense attorney John Putikka as to how accurate her memory could be if she was taking so many medications.

She admitted that it wasn't the medications that affect her memory, but the ailments themselves.

Thatcher's eyes kept drifting to her former boyfriend as she explained how Couture had changed through the course of their relationship, saying that ever since his mother died, he began to isolate himself, seldom answering the door or the phone.

The two broke up in March of 2004, two months prior to the murder of McLeod.

Michelle Griffin, forensic scientist, provided some technical evidence in the form of several blood samples collected from the crime scene that matched McLeod's DNA.

One sample taken from the roof of the defendant's Ford Focus matched, and another sample taken from a seat cushion in the defendant's house matched.

Also, a man who shared a cell with Couture came forward with his knowledge of the events.

According to Emmanuel Littlewolf, who was in jail on a felony DUI, Couture confided in him with details of the murder. Littlewolf stated that Couture even went as far as drawing a diagram charting the entry point of the intruder and where he was shot.

While in jail, Littlewolf went to the Sheriff and presented a replica of the diagram and shared what Couture had told him. Young brought up the dangers involved with telling on a fellow inmate.

"So when you do this, you're putting yourself at risk?" Young asked.

"Right," responded Littlewolf.

When asked why he went to the authorities, he responded "Because it was wrong."

Littlewolf explained that Couture told him he was hiding behind a table when McLeod entered through his sliding glass windows.

"What did he do when Daniel came inside?" Young asked.

"Shot him," said Littlewolf.

He went on to say how Couture described putting McLeod's body in his car and taking him to Sloan's bridge and dumping it in the river.

When Putikka questioned Littlewolf, he brought up the fact that his felony DUI was dismissed two months after going forward with the information, alluding to possible preferential treatment.

However, according to court documents, the case was dismissed because the arresting officer was unable to provide any facts or circumstances sufficient to constitute probable cause to make the DUI arrest.

Another witness included Rusty Irvine, who testified that Couture gave him the Ruger 10/22 riffle, minus the clip, shortly after the murder.

He testified that when he heard about the body that was recovered from the river, he noted the day he was given the gun on his calendar because he became suspicious. However, he didn't immediately go to the police because he was waiting for more information on the gun to be released.

Bullets extracted from the victim's body matched the .22.

In the closing arguments, Young opened by saying, "Daniel McLeod was a human being. I feel compelled to say that because throughout the trial he's been presented as a gang member, burglar and decaying corpse. But Daniel McLeod was a human being."

Though a drug user and a thief "If he was given the opportunity, he might have grown out of some of those problems," he added.

Young expounded on the evidence; the blood, bullets and carpet fiber found in McLeod's body — fiber that matched the carpet in Couture's home.

"That in and of itself is good enough circumstantial evidence," he said.

He also pointed to Littlewolf's testimony, saying that he didn't ask anything in return for providing information to police.

"Everything he says corroborates with the evidence," he said. "The only way Emmanuel Littlewolf could possibly have known those details is from the person who knew them best."

He also commented on Couture's blaze of fury, saying while there were 20 bullets found the body, "We don't know how many times he shot."

Young said Couture used an additional gun after emptying the clip of the .22.

Putikka brought up the question, "Whatever happened to the other gun?" He said the case has a lot of unanswered questions, enough for the jury not to find his client guilty beyond a reasonable doubt.

Young cited testimony given by Dr. Gary Dale who examined the victim's body. Dale, who showed the jury photographs of the entry and exit wounds, talked about how the young man was shot even while lying face down on the floor.

"He saw him on the ground and shot him some more," said Young. "Do you intend death in that?"

Young said the murder was premeditated.

"It was obvious what he did do. It was obvious by what he said he would do," he said. "He plotted, planned, waited and found his opportunity, not for justice but for revenge."