PORT TOWNSEND — The arraignment of Michael J. Pierce, who is accused of double homicide in the killing of Patrick and Janice Yarr of Quilcene, has been postponed for two weeks while the defense puts together a formal request to dismiss all charges except for identity theft.
In addition to double homicide, Pierce is charged with arson, two counts of robbery, one count of burglary, two counts of theft of a firearm, two counts of unlawful possession of a firearm and one count of identity theft.
Pierce’s court appointed lawyer, Richard Davies, is disputing the validity of all charges except for the count of identity theft.
This morning, as 20 gathered in the courtroom expecting to watch Pierce’s arraignment, Davies asked Jefferson County Superior Court Judge Craddock Verser to dismiss 10 of the 11 felony charges against the 34-year-old Quilcene man, saying that the probable cause for statement filed by the Jefferson County Prosecuting Attorney’s Office was insufficient.
“The probable cause statement didn’t establish probable cause,” Davies said.
“Quite frankly, I expected there to be more. I expected [the prosecutors] to file a probable cause statement tying Mr. Pierce to the scene as more than just a witness.”
Verser extended the arraignment two weeks, to May 1, to give Davies time to file a written appeal.
Pierce, who remains in custody in the Jefferson County jail on $250,000 bail, attended the hearing via video from the jail in Port Hadlock.
Pierce was arrested on March 23, four days after the bodies of Patrick Yarr, 60, and Janice Kay Yarr, 57, were discovered in the charred remains of their home at 780 Boulton Farm Road in Quilcene on March 19.
A fire had broken out in the house the day before. Investigators said that it was intentionally lit.
A medical investigator said that the Yarrs had died prior to the blaze.
Debit card
Pierce was arrested after he was identified by investigators from an image taken from a surveillance camera at an automated teller machine at a Quilcene bank.
The camera allegedly recorded him using the Yarrs’ debit card minutes after the blaze at their home began.
“What we have here is probable cause for arrest for using the Yarr’s ATM card,” Davies said.
“That charge I’m not disputing.”
Davies said the prosecution was basing the probable cause for the remaining counts on Pierce’s own telling of events to investigators.
However, he said that Pierce claimed only to be a witness in the events, and was not establishing probable cause against himself.
“The state can’t say he has veracity but also he’s lying,” Davies said.
“There is nothing in the probable cause statement that links him to the scene other than his statements.”
According to charging documents, Pierce claims another person — who he has refused to name without a plea deal — entered the Yarrs’ home that night, shot them and started the fire.
Chief Criminal Deputy Prosecuting Attorney Scott Rosekrans argued that probable cause was established because of Pierce’s possession and use of the Yarrs’ debit card minutes after the fire at the Yarr residence began.
“If that does not put him close to the home of those who were killed, I don’t know what does,” Rosekrans said.
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com
