Times Standard (Eureka)

Witness questioned about role in homicide

- By Sonia Waraich swaraich@times-standard. com

The cross- examinatio­n of a witness to an Ettersburg homicide in February wrapped up Wednesday with the defense attorney suggesting the witness may have actually been responsibl­e for the crime.

Questions from defense attorney Russell Clanton on Wednesday suggested witness Christophe­r Champagne may have been res p ons i b l e for the death of 33- yearold Jason Todd Garrett on or about Feb. 12 instead of Ryan Anthony Tanner, who is currently facing charges related to Garrett’s homicide. Champagne earlier testified to helping Tanner bury Garrett’s body after witnessing Tanner first cut Garrett’s throat and then fatally shoot Garrett and his dog.

“In fact, Mr. (Jeffrey) Kondos asked you if you killed Mr. Garrett, isn’t that true?” Clanton asked Champagne, to which he replied affirmativ­ely.

“It was like just a rumor around town with like three or four people,” Champagne said.

That rumor was based on statements another man who worked for Tanner, Robert Norris, provided to the Humboldt County Sheriff’s Office about Garrett’s homicide before speaking to Champagne, Champagne testified.

Champagne told Kondos, a neighbor, a “short, sweet story of what happened,” after which Champagne testified Kondos said, “I’m sorry for accusing you of doing it, but man, I would think you’d snap before Ryan would.” Kondos then gave Champagne a ride to town so he could talk to the Sheriff’s Office.

Clanton pointed out that evidence related to the crime was disposed of by Champagne, including the boots he was wearing at the time of the homicide and the knife used to cut Garrett’s throat. Champagne testified he disposed of the boots behind a rehabilita­tion facility because they were dirty and he had only thought the knife in his possession was used to cut Garrett’s throat, but it was actually a separate knife.

Champagne said he inadverten­tly left that knife on a table while playing chess at a friend’s house. That friend’s boyfriend came home and used it to fix a waterline, but “broke the tip of it on a water connector and then he threw it in the creek,” Champagne testified.

Champagne’s testimony included a host of perplexing details, including seeing a white orb floating in the forest while Garrett was still alive and witnessing a shootout between Tanner and law enforcemen­t while Champagne was digging a hole to bury Garrett’s body.

Champagne testified he told Tanner he saw someone, at which point Tanner “took off running with the gun and started shooting.” Champagne testified he saw Tanner shoot six law enforcemen­t officers, who dropped to the ground.

“He built a thing kind of like a rat’s nest, like a teepee, and set it on fire” with the six bodies inside, Champagne said.

Tanner was gone for about two hours and then returned in different clothes, Champagne testified, adding that Tanner returned to and left the site of the burial a few times.

Clanton asked why Champagne didn’t walk away from the situation if he was in fear of his life, as he previously testified. Clanton repeatedly pointed out Champagne knew the area well and could have escaped if he wanted to, but Champagne said that wasn’t the case.

Champagne said Tanner, Norris and some others were watching him from the bushes, but he couldn’t tell who they were.

“But I knew they were there because I could feel that somebody was watching me,” Champagne said. ” … Anytime somebody’s around my vicinity, I’ve got really good intuition, I can feel if somebody’s watching me through the bushes or something.”

Champagne testified that Tanner said to make the hole he was digging big enough for Garrett, his dog and himself, so he thought he was going to get killed and buried there, too.

On redirect, Deputy District Attorney Whitney Timm asked Champagne questions related to how much he had slept the nights before providing testimony, his history of drug use and traumatic brain injury, which she said was to illuminate why his recollecti­on of some events may be impaired.

The preliminar­y hearing is set to resume 9:15 a.m. Dec. 14.

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