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Wednesday, September 16, 2009

Brush faces life in prison



Brian Brush
Brian BrushENLARGE
Brian Brush

The Pacific County Prosecutor's Office formally charged Brian Brush today with first-degree murder with aggravating factors — a charge that carries the possibility of life in prison.

Pacific County Prosecutor David Burke said as the investigation continues and additional evidence and facts are gathered he may elect to revise the charge to aggravated first-degree murder, which could mean life in prison without the possibility of parole or a death sentence.

“The bottom line here is, depending on how things shake out, the sentence could vary a lot,” Burke said this afternoon.

The first-degree murder charge accuses Brush of committing premeditated, intentional murder, Burke said.

Brush, 47, is accused of shooting his ex-girlfriend, Long Beach, Wash., resident Lisa Bonney, in broad daylight Friday. Brush allegedly shot the 45-year-old multiple times with a shotgun in front of several witnesses, including three police officers.

Brush is being held in Pacific County Jail in South Bend, Wash., on $50 million bail.

The first-degree murder charge carries a sentencing range between 240 and 320 months, or 20 to about 26 years. If a jury finds that the aggravating factors attached to the charge exist as well, the judge could elect to impose a longer sentence, up to life in prison, Burke said.

Washington law outlines about 20 circumstances that are considered aggravating factors, he said. The three aggravating factors Burke filed claim the presence of deliberate cruelty, domestic violence and violence beyond what is needed to kill someone, he said.

Washington law also entitles Brush to a trial within 60 days. While most serious cases such as this one do not take place within 60 days — one or both sides usually ask for more time to prepare — Burke said he had to file charges he felt he could prove if the case went to trial in two months.

“My judgment is if I have to go to trial within 60 days, I could prove that charge,” Burke said. “That's what I believe.”

As the investigation continues, though, Burke said he may elect to change the charge to aggravated murder, but adds that he has not made that decision at this point. Before making the decision about whether to pursue the more-serious charge, Burke said more investigation needs to be done into the events that preceded the alleged murder.

“The one thing I know for certain is I don't know how this will play out,” Burke said. “I don't know how this will play out because I don't have all the facts or close to all the facts.”

Brush will be arraigned on the first-degree murder with aggravating factors charge Friday in Pacific County Superior Court in South Bend, Wash. At that time, Brush will enter a preliminary plea.

Brush will likely appear in court again in a couple of weeks for a preliminary hearing to begin ironing out details of the trial, Burke said.

• You can reach reporter Marissa Harshman at 957-4202 or by e-mail at mharshman@nrtoday.com.


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