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Taylor Tom Conley reacts as the verdict is read Wednesday. Thacher Schmid / The Daily News

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Jury finds Taylor Tom Conley guilty of murder

Thursday, June 12, 2008 6:03 PM PDT

By Leslie Slape

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Taylor Tom Conley is guilty of premeditated murder in the death of Brian Swehla, a Cowlitz County Superior Court jury ruled Wednesday. The jury of nine women and three men deliberated a total of 8 1/2 hours starting Tuesday afternoon before finding him guilty of first-degree aggravated murder and first-degree felony murder.

Conley shook his head slightly back and forth upon hearing the clerk read the verdict.

The 22-year-old Longview man was charged with killing Swehla, 42, at Swehla’s Longview home on March 31, 2006. Testimony began June 3.

Judge James Warme set sentencing for 2:30 p.m. July 8. The penalty is life in prison without parole.

Defendant’s family misses announcement

Conley’s wife, Heather, and his mother, Susan, rushed into the courtroom in obvious distress, but they were too late to hear the reading of the verdict. His father, Willard, arrived just barely in time.

As corrections officers led Conley out of the courtroom, he turned toward his wife and mouthed, “love you.”

Afterward, Willard Conley said the family wasn’t properly notified that the verdict was in. He got a late call and his ex-wife wasn’t called at all, he said.

Heather Conley, who married Conley May 20, sat in the front row every day of the trial. Conley’s mother, who did not testify until Tuesday, was not allowed to watch the trial but was able to see her son during court breaks.

Shot in head

During the trial, prosecutor Megan Hallin presented evidence that Conley and Ronnie Weller-Childers drove in a borrowed Toyota pickup to a church parking lot on Pacific Terrace, carried guns through the woods uphill to Swehla’s house on Sequoia Drive and broke in sometime between 7:45 and 8:30 a.m.

Conley and Swehla struggled over a shotgun in the kitchen, Conley hit Swehla with a jack handle in a small bedroom, Swehla crawled to the master bedroom, and then when he couldn’t open his gun safe, Conley shot Swehla in the head, killing him instantly.

The jury found Conley guilty despite testimony Monday by Weller-Childers that Conley was not the shooter. His testimony contradicted his earlier statements to sheriff’s detectives and attorneys.

Swehla’s girlfriend, Amy Hardesty, declined to be interviewed after Wednesday’s verdict.

Disappointment

Willard Conley told a reporter after the verdict he awoke Wednesday morning with an uneasy feeling about the outcome of his son’s case. He wrote in his notebook: “After observing and testifying in the case, I’m not sure if the talked-about due process will arrive at the truth.”

Defense attorney Sam Wardle said, “I’m disappointed, my client’s disappointed, the family’s disappointed.”

He said he won’t be the attorney on the appeal, but the case will go through the appeal process, and he believes the evidence supports his client’s innocence.

“The case is a long way from being over with,” he said.

Neither Heather nor Susan Conley wished to be interviewed.

Prosecutor had worries

Weller-Childers pleaded guilty in May 2006 to second-degree murder of Swehla in exchange for testifying truthfully at Conley’s trial. The story he told detectives then, and many times since, was that Conley shot Swehla with a 12-gauge shotgun.

On May 30 — the Friday before the trial was set to begin — Weller-Childers changed his story and said the actual shooter was Kevin “K9” Brown. He said Conley was not there.

For prosecutor Hallin, that was a bad day.

“I really had to regroup,” she said. “There was a lot more expected out of his testimony than what I was able to talk with him about. ... What led up to going to house, what happened after he left the house, but then his story completely changed. Other people were able to testify to it to some degree, but it would have been nice if he hadn’t changed his story. And it’s hard to know how a jury would take that.”

But Weller-Childers had value in describing the sequence of events, which corroborated the forensic reconstruction of events, she said. Also, by testifying that he wore a red bandanna and gloves, he corroborated Carmen Eastlick’s description of his clothing, Hallin said. Eastlick, who lives down the hill from Swehla’s house, said she saw two men behaving suspiciously by a Toyota pickup at 9 a.m. the morning of the murder.

What saved the case, Hallin theorized, was “the way the testimony of everybody seemed to fit together. The case didn’t rely on one person. It didn’t affect the total fabric to lose a couple of strands.”

One of the defense’s points was there was no DNA or blood evidence linking Conley to Swehla’s murder.

“Although those things are nice to have, you don’t always have them. It’s just a reality,” Hallin said. “Because people are so aware of DNA evidence, it doesn’t take a rocket scientist to reduce DNA evidence ...

“It’s really the collection of the testimony. Each person that testified, their testimony overlapped with someone else that testified.”

Complicated deliberations

Jurors had to deliberate separately on each of the alternative charges: first-degree murder or first-degree felony murder. Wednesday’s verdict was unanimous on each.

After finding him guilty of first-degree murder, the jury also had to decide if the aggravating circumstances — robbery or residential burglary — had been proved. Voting was unanimous on both.

After finding Conley guilty of first-degree felony murder, the jury also had to vote on whether he or an accomplice was armed with a firearm at the time of the crime. This, too, was unanimously yes.

After the clerk read the verdicts, Warme polled each juror individually for verification.

Editor's note: A previous version of this story incorrectly identified Taylor Tom Conley's wife, Heather Conley.

Previous

cheney119 wrote on Jun 11, 2008 1:06 PM:

" If there's a verdict my bet is guilty. "

Seriously? wrote on Jun 11, 2008 1:36 PM:

" I am going with guilty because it was a quick one, not a lot of time deliberating. "

Rosey Glasses wrote on Jun 11, 2008 2:11 PM:

" Ok... they reached a verdict... if'n I were the editor, I would have waited until that verdict was announced to present what little is here. Oh well I guess that is why I do what I do and the writers here do what they do (and get the flack they do). LOL "

stargoddess wrote on Jun 11, 2008 2:17 PM:

" Yep. Guilty.
What a surprise. "

JUST*OPINIONATED wrote on Jun 11, 2008 2:28 PM:

" ** THANK GOD ** "

Cowlick wrote on Jun 11, 2008 3:21 PM:

" Woo Hoo!! They got it right! "

keepin it real wrote on Jun 11, 2008 3:34 PM:

" I can't believe that he is getting off so lightly. A cold hearted murder, and all he is getting is 3 meals a day and a place to live for the rest of his life. I don't know, maybe that is why tax payers are paying so much money. We are filling up the prisons instead of handling business the way they do overseas. Maybe that is why the crime rate is relatively low because they punish people according to the crime. If he took a life then his shall be taken. Set the tone so future criminals know what is coming for them. All I am saying is that the punishment should fit the crime. "

Tortoise wrote on Jun 11, 2008 4:02 PM:

" keepin it real: I too am in favor of capital punishment, however your argument in favor of it is staggeringly incorrect. Your basic argument is that he should be put to death to save us the money of housing and feeding him. Unfortunately, it is more expensive to put a convict to death than it is to house him for the rest of his natural life. Why? Because of the appeal system that makes our judicial system the best in the world. If he is sentenced to death, the appeals would be almost endless and trials are extremely expensive. Even more expensive than sheltering, feeding, and guarding this sick murderer for the rest of his life. Now, I do agree he should be put to death, but not because of the price. Because it's just the right thing to do. "

keepin it real wrote on Jun 11, 2008 4:09 PM:

" Tortoise: Thanks for pointing that out. I did overlook that fact, however, I thought that he would still be able to appeal this also. Is that not the case? If so, then it will still be an expensive process. "

1whocares wrote on Jun 11, 2008 4:11 PM:

" It is saddens me that one of our young people choose to see no value of the life he was given, and made the choice to take anothers life without concern. Now he faces a life sentance, maybe 60 years, in a place with barriers the likes he could never emagine. I can only hope that others of us will use this as a good lesson and keep us on a strait path in a society, where our only barriers are our unwillingness to see what we can achieve honestly. "

cheney119 wrote on Jun 11, 2008 4:31 PM:

" What a waste. Who knows what either of these two criminals and their victim might have used lives to accomplish. The pain and suffering of their loved ones, the money wasted on their punishment and incarceration. All for drugs. What a Waste! "

SPARROW wrote on Jun 11, 2008 4:34 PM:

" Since the jury has found Conley guilty of murdering Swehla, does this indicate that testimony given at this trial by Weller-Childers was a lie, which would be failure to comply with his plea bargain agreement to tell the truth at this trial. It seems Childers should have the reduced sentence he recieved revolked since his testimony was not judged to be truth by this jury. Or maybe he should be retried and a few of the others involved in this murder can be revealed and charged during the process. "

lola*in*longview wrote on Jun 11, 2008 4:45 PM:

" I agree the verdict was a great one, but it is sad that he is so young and chose to ruin his life with meth, which led to the murder. If he hadn't been on the drug, he probably wouldn't have killed anyone. "

Mrs. Pellwerds wrote on Jun 11, 2008 4:49 PM:

" Their is just no winner hear. Ever1 envolved looses. "

SM wrote on Jun 11, 2008 5:06 PM:

" I'm kind of surprised by the fast and guilty verdict. The unknown blood and the recanted testimony of the only witness would have been a reasonable doubt in my mind. "

rest of the story wrote on Jun 11, 2008 5:38 PM:

" technically, the penalty can also include the death penalty, since this is what is referred to as a BARRK Felony (Burglary, Arson, Rape, Robbery, Kidnapping). A murder occurring/committed during one of these makes one eligible for the death penalty. Just a little trivia that I am sure the lib's at TDN did not want to mention. "

mole wrote on Jun 11, 2008 5:39 PM:

" I QUOTE:PROSECUTIONS KEY,!!WITNESS SAYS CONLEY DIDN'T SHOOT SWEHLA????WHAT KIND OF KEY WITNESS IS IGNORED BY THE JURY,THERE SHOULD HAVE BEEN NO DEALS,YOU LAWYERS,HAVE MADE A BIG F-UP,I SEE MISTRIAL,IF YOUR WITNESS THAT YOU GAVE IMUNITY TO HIM FOR HIS TESTIMONY.YOU HAVE BEEN WATCHING TO MUCH TELEVISION.NEVER TRUST SOMEONE YOU HAVE TO BRIBE TO TALK,IT IS USELESS,NOW YOU LET ANOTHER KILLER LOOSE!!!! "

local wrote on Jun 11, 2008 7:12 PM:

" Mole, please go back and read the June 10th article RE: this case. Maybe it will help to refresh you memory. Better yet I'll help you out by posting part of that article from June 10th. Please note the fact that the "key witness" PLEAD to murder 2 and was NOT given immunity.

In May 2006, Weller-Childers agreed to plead guilty to second-degree murder, reduced from first-degree aggravated murder, in exchange for testifying truthfully at Conleys trial. He was sentenced to nearly 20 years in prison, which he is serving in Arizona.

WRITING YOUR COMMENTS IN CAPS DOESN'T MAKE YOU RIGHT. Two murderers are behind bars, one just longer then the other. "

candy wrote on Jun 11, 2008 8:09 PM:

" I too, must admit that I was surprised by the guilty verdict. I was not in the court room, and so all I have to base my opionion on, is the writings of the Daily News. It just seems strange that the "Star" witness recanted. More than likely they are all quilty to some degree, but I'm not convinced they convicted the right trigger man. "

Piper wrote on Jun 11, 2008 8:35 PM:

" Juries don't like defendants who show no remorse for their participation in the crime. His grinning at his wife didn't bring any sympathy to him. The cocky little "punks" just don't get it until it is all over. I agree with Cheney. They all had the potential to accomplish great things in their lives.
Is it only because of drugs? I'm not sure. For those of you who said innocent until found guilty, he's guilty and right where he belongs. "

Piper wrote on Jun 11, 2008 8:37 PM:

" P.S. Thank you TDN for your coverage of this trial. I waited two years to see justice for my cousin Brian and appreciate being able to follow this from Idaho. "

CONCERENED wrote on Jun 11, 2008 8:51 PM:

" sounds to me he got what he deserved!!!! "

Reflecting wrote on Jun 11, 2008 9:13 PM:

" This really is heartbreaking, for the family members on all sides. I don't know Conley personally, but my kid knew him from school and had nice things to say about him when they were younger. It's so sad to see what meth does to people today. I agree Conley and Weller-Childers both earned their punishment, but SM brings a valid point. I would like to have seen the court order a recess until the unknown blood was identified and more grilling done on Weller-Childers on why his sudden turncoat testimony. These are pretty major stones left unturned. And what happened to Kevin Brown? If someone else was hurt or involved, those issues should have been seriously looked into before rushing the case to a jury. If they made the right call, that's great -- but it still seems that there's some pretty big pieces of the puzzle missing, and it would be owed to Brian Swehla to find out the whole truth. "

Tortoise wrote on Jun 11, 2008 9:20 PM:

" keepin it real: yes, he can still appeal, but the appeals process for a death penalty verdict drags on much longer and is far more costly. "

local wrote on Jun 11, 2008 9:48 PM:

" Tortoise, this isn't a death penalty case, its life without parole. "

tdn reader wrote on Jun 11, 2008 10:08 PM:

" There are so many things about this article that compel me to comment. First off, let me just say that I was friends with Conley back in middle school before he started using drugs. He was a your typical young guy. There was no crazy or off-base behavior that would make you believe that he would someday be a murderer. It is very unfortunate that drugs led to this. However, he is not a victim here. I am very sorry for the victims of this crime; Swehla, Swehlas family & friends, and also, Conleys family and friends. All have suffered , more than I can imagine Im sure. While I do personally believe that Conley is guilty in some way, shape, or form, I also believe that this jury was too quick to convict. In America, are we not innocent until proven guilty beyond reasonable doubt? I believe that there were a few factors in this preceding that would have provided me with reasonable doubt, regardless of what my opinion was. This has mistrial written all over it. "

emsworker wrote on Jun 11, 2008 10:57 PM:

" When this happened this could have been my brother on either end. However our family realized the issue at hand and I personally new the ropes of what to do. The problem with this whole trial is that everyone involved was high on METH and nobody really can recant exactly what happened. My brother when he was on METH did not remember anything that had happened when he came down. The main thing that should come out of this whole trial should be to the young that drugs can and will if your loved ones do not intervene will ruin your life. "

SPARROW wrote on Jun 11, 2008 11:36 PM:

" I fully agree with the fact to many issues were left incomplete and not addressed at this trial. Did they ever prove who made the last call on Swehla's cell phone? Who's blood was all over the scene that remains unidentified? These questions and many more left hanging. Even if it takes 10 years for Conley to get his day in court for his appeal, if he succeeds at appeal and the decision is overturned, then he only spent 10 years for the murder and that could likely happen. He and his lawyers are probably counting on this happening. Then he will be free like the others who were involved and never caught. As far as remorse, that was eliminated with premmediation, and the only regret would be for himself having to go to prison for his actions. Maybe some of the friends that first introduced Conley to the drug world, whenever that was, can recall supplying him with the drugs that led to his addiction. This is where remorse should be from. Those so called friends that saw Conley first starting to use drugs and got high with him or supplied him, know who you are! How do you feel now? "

Tortoise wrote on Jun 11, 2008 11:50 PM:

" local: I am well aware of that. If you followed my conversation with "keepin it real" you'd know that I am aware of that. "

Plato wrote on Jun 12, 2008 7:39 AM:

" This case was decided unanimously by a jury of twelve that heard all of the evidence that was presented. These comments from people that just read stories in the Daily News and think they have expert legal minds show why there are rules in the court system, what is allowed and what is not. The verdict is in. You have to accept it as much as you would have had to if it were innocent. These comments also show how different people "hear" different ideas from the same words. "

J. A. Long wrote on Jun 12, 2008 9:36 AM:

" Yes, and sadly, we live amongst men who pass their entire lives reading and interpreting shadow puppets on the wall, lauding and accusing each other. in this case the jury of twelve is the best you get for now. I suspect they did exactly the right thing. If only the hearts of men could be changed and this stream of endless hemlock could dry. "

YoungWallstreet wrote on Jun 12, 2008 11:00 AM:

" Wow. I can't believe that he did not show much emotion. I used to know Taylor. I went to school with him through all 12 grades. He was an everyday kid until the drugs entered his life. Bad friends mixed with drugs do not equal a very good outcome. Longview is a breeding ground for this. There is nothing to do here besides do drugs. I wouldn't open my door to 99% of the people I see in this town. Literally. "

mole wrote on Jun 12, 2008 11:50 AM:

" to:local thank you for the info,was just wondering,the capital letters,mean I pushed the wrong button,was not trying to be correct.I'm a one finger typer so be nice, did not mean to make you think I was smarter than anyone.I don't get the tdn I just read what you guys write,my mistake!!! "

Nexus wrote on Jun 12, 2008 12:23 PM:

" So who is Kevin (K9) Brown? "

local wrote on Jun 12, 2008 12:44 PM:

" Mole, when you type in CAPS its shouting on line. Its all good though, no problem. "

LVALUMNI wrote on Jun 12, 2008 5:41 PM:

" Watching this case via TDN and from another county was extremely frustrating for me. Being from Cowlitz County and a legal professional, I am already familiar with several of the individuals in the witness line up, and I have to say that I probably wouldn't have given great weight to their testimony if I was sitting on the jury because I am aware of their extensive histories of meth use. Then again, I probably would have been disqualified as a juror in jury selection for that very reason (i.e. prejudice.)

I also have to say that I agree with Plato. I'm sure the jury had it's reasoning for rendering the guilty verdict on both counts, but from this distance and relying solely upon TDN's reports, I also see cause for serious reasonable doubt. I just wish those questions about the blood evidence and Kevin Brown would be answered.

I, too, see a very REAL possibility that the verdict in this case will be overturned by the Court of Appeals based upon those "holes" in the evidence, at lease as portrayed by the news reportings in this case. "

Dahlaw wrote on Jun 12, 2008 7:05 PM:

" I'm sure the jury deliberated about those issues. Who do they believe? I'm sure it wasn't difficult to chose, someone who already confessed with his involvement or the independant witnesses that saw Conley. LVALUMNI - I'm sure that is exactly what the jury did. Not much weight on Weller-Childers story. More weight on the independant witnesses. "

just a thought wrote on Jun 12, 2008 8:11 PM:

" I just wanted to say a couple of things first off to emsworker you made it sound as if you blame the family for not "intervening" with Taylor's drug problem, I know for a fact that they tried several different ways of intervention that didn't work. Don't hold his family guily too. Secondly, I would like to say that I feel badly for the family that lost a Brian, I didn't know him but my heart goes out to them. I do not, however, believe that based on the evidence that was presented feel that Taylor should have been found guilty. There is to much doubt, I am not saying he didn't do it, I am just saying that he was supposed to found guilty "beyond reasonable doubt" and there is just to much fishiness in the case. There was no DNA evidence to say he was even there, there were people refusing to testify because they didn't want to increminate themselves, there where a whole lot of lies, and blood evidence that they never followed up on. Did they ever get Brown's DNA to compare it to? It just doesn't make any sense. "

mole wrote on Jun 12, 2008 8:36 PM:

" local:see how computer savy I am,I never thought it was shouting,Ithought I could finally see the letters!!! "

Piper wrote on Jun 12, 2008 8:47 PM:

" The way I look at it is kind of like emsworker. If he had been found not guilty, would he continue to live in the drug culture or would he have turned his life around? Meth has destroyed his life and he will answer for his role in the end. Prison inmates find a life on the inside as the drug culture continues. If he spends 10 years or 50 years in there, it is a waste of many lives. "

Piper wrote on Jun 12, 2008 8:57 PM:

" To just a thought: He told at least two people he killed someone. Unless there is some other victim somewhere, you don't need DNA evidence to solve this puzzle. Witnesses said they were afraid of him, some wouldn't testify. He was not at choir practice when this murder went down. What would a not guilty verdict have done? It would've sent a bad message to all violent meth users plus put a dangerous punk back on the street. Don't hold your breath for a successful appeal. "

bethanisp wrote on Jun 12, 2008 9:47 PM:

" To the family: My family and I are praying for you as you go through this extremely rough time.I was not at the trial but as for my personal experiences, I'm sure many things were left out that were important evidence in your trial as well. May God be with you and your family. "

forum wrote on Jun 12, 2008 10:04 PM:

" TDN 12/31/07
Who is Kevin Brown:
According to court documents, On Dec. 18, 07 Judge Warme issued arrest warrants for James Stehman, and Kevin K-9, Armando Brown, 23. Critical to convicting Conely.
Brown, the other missing material witness, told police Conley admitted the murder to him and also asked Brown to "Get rid of" two guns and some bullets following Swehla's death. Brown said he gave the shotguns to a man who sawed off one of their barrels and returned the weapons to Brown.
Brown said Conley later returned and retrieved the guns, according to court documents.
Brown, who is on parole in Cowlitz County, has since moved to Virginia and has not kept in touch with his parole officer, Hallin said.
Interesting article...take a look in the archives. "

LongviewRez wrote on Jun 12, 2008 11:04 PM:

" I know it's second guessing, but I too would have had "reasonable doubt" after the bargained-with lead witness changed his story. How can the jury be so sure as to put this young man away for life. There should be responsibility and accountability for his actions, but??? Were they really his or was he an accomplice? "

forum wrote on Jun 13, 2008 9:32 AM:

" I am concerned that the "trigger person" may still be out in society. He is a cold-blooded killer, with a shotgun. He uses Meth, he controls the meth underworld by threats, and even his social types are afraid of his retaliation.
The way that the evidence was presented convinced the jury. I sat through the trial; thought I would be relieved when Conley was convicted. I have waited for years.
I do not believe, after hearing "everything" at the trial, (including the witnesses that the jury did not hear the testimony from), that Conley was as involved as the criminal witnesses say he was.
I have a list of questions, raised at this trial, left dangling without proof or answers. The witnesses had a better recollection of what happened two years ago then I do, and I was not high on Meth then and an addict since then. I have never done time looking for a break from the prosecutor, or have any relationship with the real shooter. Who did do this crime? I am a victim just as you are.
I have been watching the history of this case for years; the trial did not answer or prove beyond a reasonable doubt that Conley did it for me, which has left me feeling vulnerable.
The witnesses may know who really did it; that killer is the person that I am still afraid of. "

forum wrote on Jun 13, 2008 10:06 AM:

" I wonder if: had the jury been allowed to see Kevin K-9 Brown, hear him take the 5th Amendment, prosecution granted full immunity, he still refused to testify, got contempt of court, sent to jail until he testified, (which was where he was at prior to the hearing) would the jury have had a reasonable doubt? "

Plato wrote on Jun 17, 2008 7:15 PM:

" So many of the people commenting don't realize that it is the jury that must have reasonable doubt. Not someone commenting, who is not required to identify themselves and hasn't necessarily heard all of the evidence is not reasonable doubt to cause a mistrial. In this case, with the unanimous verdict reached in a relative short time, by a jury of his peers I see no cause for an appeals court to reverse the verdict. "

betterhalf wrote on Jun 23, 2008 8:15 PM:

" Life without parole that's what I'm asking for.
yes I am Family and I will be there
For sentencing at 2:30 p.m. July 8 2008.
It,s the least I can do for Brian.
and anyone else who cared and knew Brian Swehla
Should also be there to speak at the sentencing. "

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