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SALT LAKE CITY — The Salt Lake County District Attorney's Office has apparently changed its position, for now, on whether to grant immunity to an alleged drug dealer expected to testify next week for Shaun Cowley's defense team.
David Gines, who goes by the street name "Felon," is expected to testify during the preliminary hearing for the former West Valley police detective who is charged with manslaughter in the shooting death of Danielle Willard. The 21-year-old woman was shot Nov. 2, 2012, during a botched drug operation.
Gines, who is currently in prison for unassociated crimes, is reportedly the last person before police to see Willard alive. He is expected to testify that Willard bought $40 worth of heroin from him and displayed an "agitated appearance and condition," and was in a "dangerous state of mind" before the shooting, according to Cowley's motion.
But Cowley's attorneys fear he will invoke his Fifth Amendment right not to incriminate himself when he takes the witness stand if he doesn't have immunity from prosecution for admitting he sold drugs.
It is the state's position that Mr. Gines' testimony will ultimately be immaterial to a finding of probable cause. Mr. Gines was not an actual witness to the shooting of Ms. Willard. The state does not dispute that he sold her drugs prior to the shooting. The state, however, does dispute defendant's characterization of Mr. Gines' interview.
–prosecutors
Prosecutors had apparently been unwilling to provide that immunity, but that changed on Friday.
"In light of the accelerated briefing schedule in this matter, the state is electing to afford David Gines use immunity for purposes of his testimony at the upcoming preliminary hearing," prosecutors said in a court document filed Friday. "It is the state’s position that Mr. Gines’ testimony will ultimately be immaterial to a finding of probable cause. Mr. Gines was not an actual witness to the shooting of Ms. Willard. The state does not dispute that he sold her drugs prior to the shooting. The state, however, does dispute defendant’s characterization of Mr. Gines’ interview."
Prosecutors contend that Gines has admitted his recollection of his drug transaction with Willard is a "blur." Investigators were also leading Gines in their questioning, not to mention he seemed to be "significantly impaired" while being questioned, prosecutors wrote in their court filing.
Gines is expected to testify that Willard came to him saying, "I need heroin." But the state contends that testimony is all hearsay and won't be admissible in court anyway.
"Defendant seeks only to attempt introduction of this evidence to sensationalize this case and attack the character of Ms. Willard," prosecutors wrote.
Friday afternoon, 3rd District Judge Robin Reese issued an order granting immunity to Gines.
Cowley's preliminary hearing is scheduled to begin on Monday and is expected to last three days.
