Hayes convicted in shooting as county resumes jury trials

Garth Meyer, Gazette Reporter | Jul 23, 20200

COLFAX – After about three hours of deliberation, a Whitman County jury Thursday found Phillip Hayes guilty of one count of Drive-By Shooting, a class B felony; one count of Reckless Endangerment, a gross misdemeanor, and one count of Reckless Driving, also a gross misdemeanor.

Hayes, who lives outside Lamont, was alleged to have drove past a farm shop and recklessly fired a .44 handgun, striking a pickup near the shop. The farmer, Rowdy Brown, stood 15 feet away from the truck when it was hit. Later that night, Hayes was also alleged to slide his car within feet of Sgt. Keith Cooper, the investigating sheriff.

Hayes faces up to 20 months in prison, with sentencing set for July 24.

The jury trial was the first completed in Whitman County since March, following the state's lifting of the prohibition July 6.

The case began on Monday with jury selection, conducted in shifts of 10 jurors. Of the 30 potential jurors pooled, 13 were chosen, as is standard; 12 jurors and one alternate.

Each juror and all in attendance in the courtroom wore masks and had their temperature checked each day. The jurors were spread out and the witness stand surrounded by plexiglass and sanitized between witnesses.

Several of the courtroom's benches were removed for distancing purposes of attendees.

Denis Tracy, county prosecutor, estimated the precautions extended the trial by one day.

“It was well worth it, both in terms of safety and people's peace of mind,” he said.

“I'm so impressed with the folks who live in Whitman County. Everyone responded to their jury summons, no one complained, everyone was willing to pitch in and do their duty. Our justice system still functions well – even in the time of an epidemic.”