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“Convicted Killer gets Life in Prison” (This article, reprinted from the August 17, 1997 issue of Clark County Washington newspaper, The Columbian, is the conclusion of the December `96 series in the same newspaper entitled “Validity of earprint evidence questioned” which was reprinted in the March/April issue of The Print. Thanks to Al Johnson--retired Gardena P.D. for the submission.) by WESTFALL, BRUCE The sentence was never in doubt. David Wayne Kunze will serve life in prison without possibility of parole for the 1994 aggravated murder of another Vancouver man. What was unexpected at Tuesday's sentencing, was that Kunze, 47, would spend just over 30 minutes in a rambling statement in which he argued his innocence, talked at length about his medical problems and quoted the Bible. Kunze was convicted July 15 of aggravated murder for the beating death of James W. McCann. McCann's skull was shattered by blows as he slept in his bed December 15 or 16, 1994. McCann and Kunze's ex--wife, Diana were planning to marry. Under state law, the minimum sentence for aggravated murder is life in prison. Prosecutors claim Kunze was jealous of McCann, stalked him and attacked after climbing through a broken window of the residence, 7317 N.E. 55th Ave. McCann's teen--age son, Tyler, was severely beaten but survived. Investigators found an earprint on James McCann's bedroom door. A Dutch earprint expert testified that it likely came from the defendant. Speaking comfortably from the witness stand Tuesday afternoon, Kunze read from a handwritten text. He denied any involvement in the attacks on McCann and his son. He told the packed courtroom he could “never, ever take a life. I could never harm a child.” At the time of the slaying, Kunze said, he suffered from depression and various physical ailments and was struggling from the effects of prescription medication. He feared he was being stalked, he said, because of mysterious phone calls and suspicious vehicles passing his house. He said he believed McCann was responsible. He said he tried to live by the tenets of the Bible and did not become bitter when he was cheated in business or “sold down the road” by others. He attacked prosecutors and police, saying they twisted his statements and missed key evidence. He said the earprint found on McCann's bedroom door was not his. He also criticized his ex--wife, Diana, saying she was vindictive in the couple's divorce and once claimed she wanted him “destroyed.” He described himself as gentle and long--suffering and quoted form the Biblical books of Romans and Proverbs, including this verse, “As water reflects a man's face, so a man's heart reflects the man.” It's true, noted Superior Court Judge Robert Harris. He said Kunze's statements— particularly toward his ex--wife—reflected “some of the deep hatred” that could have motivated the murder. “It gives greater credence” to the conviction, the judge said before pronouncing the life sentence. McCann's relatives had their own descriptions of Kunze. In various statements to the defendant and the judge, they called him a “monster” and a “cold--blooded murderer.” They called the crime “twisted, cowardly and psychotic.” Tyler McCann, the surviving victim of the assault told Kunze only, “I forgive you.” The statements of the victim's relatives and that of Kunze came after Harris denied motions for a new trial by defense attorney Steve Thayer.
This article was reprinted in “THE PRINT” |