In the court
Many variables remain in Arnold case involving two suspects

By Louisa Barber
Sidney Herald
Published on Saturday, January 21, 2012 7:02 PM MST

Louisa Barber | Sidney Herald FBI investigators search for evidence near the location where Arnold’s shoe was found along E. Holly Street Monday.

On Wednesday, authorities began the extradition process to bring Lester Vann Waters Jr. and Michael Keith Spell back to Montana.

The two suspects are charged with felony aggravated kidnapping in connection with Sidney High School teacher Sherry Arnold’s disappearance in the early morning hours of Jan. 7.

Early last week, Waters and Spell denied their rights to waive extradition, prompting authorities to take action. The extradition process can take up to 30 days possibly resulting in the exchange of governors’ warrants between Montana and North Dakota. Justice of the Peace Greg Mohr issued arrest warrants for both defendants for aggravated kidnapping on Tuesday based on a complaint filed by the Richland County Attorney’s office. Bond was set at $2.5 million on each warrant.

Aggravated kidnapping carries a maximum sentence of death or life imprisonment. The legal process is just in its beginning stage and its scope and direction will be determined at the end of the criminal investigation.

Currently, Montana has sole jurisdiction over the aggravated kidnapping charges, since Montana is where the case began. If the investigation results in other crimes committed then the location those crimes were committed would establish who has jurisdiction over those.

As of Thursday, police had not recovered Arnold’s body but had reason to believe it’s in North Dakota. If that’s the case, then depending on the evidence the prosecutors have, the state of North Dakota could have jurisdiction over whatever crimes were committed in their jurisdiction.

And in a twist, if crimes were committed while crossing a state line the federal government may also have jurisdiction.

It is possible that Montana and North Dakota could pursue trials on the charges committed in their jurisdictions and the federal government could step in and pursue charges also. When it comes to the double jeopardy clause and the states, that is another story.

It is also possible federal attorneys request that the states drop their charges and only they take over court proceedings.

On Monday, law enforcement asked for property owners’ help in northwest North Dakota and northeast Montana in locating Arnold’s body, believing that it may be somewhere along a line of mature trees or shrubs.

In the days following Waters and Spell’s arrests, information on their criminal history has surfaced. Waters, 47, who was arrested in Williston, N.D., was most recently a resident of Parachute, Colo., and has a history of leaving a crash scene, and driving while license is suspended or revoked, a felony, in Florida, as well as a felony weapons charge in 2002. He has served time in prison first in 2002 until 2003, again from 2007 to 2008 and once more from March 2009 to August 2010.

Spell, 22, arrested in Rapid City, S.D., on a tip and also a resident of Parachute, was once charged with drug possession, sexual contact without consent, contributing to the delinquency of a minor, driving without a license and careless driving, all of which were dropped.

After the extradition, the men will appear either before Mohr, who would bind them over to District Court or appear directly before the District Court judge. When they arrive in Montana the legal proceedings will begin with formal arraignment, omnibus hearings, motions hearings and the trial that could take some time.

“There’s a lot of water to go over the bridge yet,” Mohr said.

Authorities have said their main focus now is to get Arnold’s body back to the family.

reporter@sidneyherald.com

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Comments

The following are comments from the readers. In no way do they represent the view of the Sidney Herald.

Wondering wrote on Jan 27, 2012 11:08 PM:

" Rebecca, I had a friend that said that Sherry was in like a closet with a red or maroon blanket around her. Yes i do feel that some people are able to see things. Hope that you or someone went to check this place out or call the cops to do it. "

Cofussed wrote on Jan 23, 2012 10:16 PM:

" If they have the information that for sure she is dead, then who ever gave them that information should be able to take them to the beginning of where she was first taken from and take them to the spot where her body is. "

Lisa wrote on Jan 23, 2012 8:48 PM:

" EVERY ONE IS POSTING TIPS AS TO WHERE TO LOOK I HOPE THE LAW INFORCEMENT ARE READING THESE AND CHECKING OUT THE AREAS PEOPLE ARE POSTING, YOU NEVER KNOW, PRAYERS TO THE ARNOLD FAMILY AND EVERYONE THAT IS SEARCHING, GOD BLESS "

JT wrote on Jan 23, 2012 3:31 PM:

" Rebecca... why don't you go look there? "

tincan wrote on Jan 23, 2012 12:19 PM:

" To Marylander; The search is being conducted in an area covering several hundred square miles of rolling, hilly prairie and farmland. The area also includes over 100 miles of wooded flood plain and the confluence area of two major rivers. The search is monumental in scope and requires the diligence of all in the area. "

Frozen or Unfrozen wrote on Jan 23, 2012 12:07 PM:

" C.J.'s POST FROM MUGSHOT ARTICLE: "Well as for the ground being frozen. My husband was working over in williston the week before this took place and was having to go around and dig with a back hoe looking for gravel and said that it took him two hours just to break through the surface due to the frost. And this was with a Backhoe so you see these men would have had a hard time even digging 2 feet down with the ground frozen. Which it was at that time. Just wanted to share that with you all. " "

Marylander wrote on Jan 23, 2012 12:00 PM:

" Understood, thanks for the response. May God bless and keep all of you in his care and I pray he directs Sherry's searchers to her whereabouts. "

Rebecca wrote on Jan 23, 2012 10:37 AM:

" First and foremost my prayers and thoughts are with the family and community. I have called in a tip twice to the Sydney authorities and have heard nothing in response ( I'm hoping that is because they have searched the area and have come up with nothing). I have repeatedly mentioned that I am sensitive and feel that there is a strong possibilty that Ms. Arnold could be in the hills along Red River Dr and Camel Hump Dr. IN the hills there are what look like 2 lakes and a grove of trees surrounding a building of some sort. I know most people don't beleive in clarvoyance but, it couldnt hurt to look. I would rather have them look and me be worng than to have them not look and find out I was giving them a tip that could recover Sherry Arnold. "

John Galt wrote on Jan 22, 2012 2:29 PM:

" Seems to me, each and every article written is like an assault to Arnold's family. Let's try to celebrate her life and give testament of it. These cretins did it, end of story. "

to marylander wrote on Jan 22, 2012 12:41 PM:

" heres how it goes on a "normal" year yes they would not be able to dig however we have had little snow and the ground was not frozen at the time due to warmer than normal temp here..also yes there are LOTS of trees and open grassy area miles of it to be exact that is why it is takin so long. We have tons of open area here also no other clues to go on and many other "issues" with the increased amount of people to deal with. "

Sue Reid wrote on Jan 22, 2012 11:16 AM:

" We are still praying for the family that they find Sherry's body and bring her home. We love you all. "

Marylander wrote on Jan 22, 2012 9:14 AM:

" EARLIER UNANSWERED POST WITH ADDITION: I've been following this case since it aired on national t.v. and feel great sympathy for Sherry and those who love her. I have a question for the locals and ask that you please forgive my lack of knowledge of your home state: how difficult and time consuming would it be to bury a body in that area in January? I'm assuming those involved did not have immediate access to heavy or mechanized equipment and were in a hurry and think it more likely that they used something handy like brush or an old or abandoned outbuilding, shed, chickenhouse, barn, etc... What are your thoughts? ADDITION - I noticed the terrain between Sidney and the location of one of the suspects includes a grasslands preserve which has under and overgrowth as well as remote areas seemingly attractive to someone looking to hide something. Has this area been searched? "

MTGal wrote on Jan 22, 2012 8:10 AM:

" This is heartbreaking for the Arnold family, her community and for her state. The current practice of kicking loose undesirables from high crime states needs to be stopped. "

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