An Everett man on trial for the 2002 abduction and killing of Rachel Burkheimer was a leader in a "select group" whose members engaged in drug-dealing and other crimes in Snohomish County, one of the gang’s members testified Monday.
Maurice Rivas, 19, formerly of Lynnwood, said Yusef "Kevin" Jihad, 34, shared leadership duties in the gang with John Anderson, 22. Members of the group are accused of kidnapping Burkheimer, 18, in Everett and then fatally shooting the young Marysville woman near Gold Bar.
Prosecutors have accused Jihad of ordering Burkheimer’s death because he believed she was a threat to the group. Jihad is charged with aggravated murder, and, if convicted, faces life in prison without release.
Rivas, who was present for Burkheimer’s killing and helped dig her grave, originally was charged with aggravated murder, too. Under a deal reached with prosecutors, he pleaded guilty to first-degree murder and agreed to testify. He told jurors Monday he expects to be sentenced to 26 years behind bars.
Rivas was a Lynnwood High School student at the time of Burkheimer’s death. He said he had been living on his own since he was 15 and supported himself through drug trafficking and other crimes.
Rivas said he met Jihad after moving into an apartment with Anderson, who was a former boyfriend of Burkheimer. He offered some details Monday about the gang that resulted from the friendship. He was scheduled this morning to share what he knows about Burkheimer’s murder.
Much of Monday was spent on testimony from Rivas’ childhood friend, Matthew Durham, 19, who drove the Jeep that carried Burkheimer to her death. Durham told jurors he was afraid after being threatened by Anderson.
He also said that Jihad directed the disposal of some evidence connected to the killing, and that the man had told him not to talk with police if questioned.
Testimony was delayed repeatedly Monday as lawyers clashed over what details Durham could discuss regarding the gang and its activities.
Jihad also used much of an hour making a failed pitch for Judge James Allendoerfer to declare a mistrial, delaying the proceeding so Jihad could obtain a new lawyer, or to have time to prepare his own defense.
Jihad said he believes he isn’t getting a fair trial and he has no confidence in his attorney, longtime Everett lawyer Mickey Krom.
Jihad told the judge he is "scared to go on without legal counsel and deathly frightened to continue with it."
Allendoerfer said he’s convinced that Krom has been an effective advocate for Jihad, and that Jihad’s differences with the lawyer are disagreements over a trial strategy.
The judge said he also found no legal reason to stop the trial so Jihad can prepare to act as his own attorney. Jihad on Monday made clear he wants the time, in part, so he can find a new lawyer, the judge noted.
That’s an unreasonable request with the trial already under way, the judge said. It would take "weeks, if not months" for another lawyer to prepare, and finding a new jury to hear the evidence would be "extremely problematic" given media publicity about the case, Allendoerfer said.
Reporter Scott North: 425-339-3431 or north@heraldnet.com.
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