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Hummel defends wait on murder charge; victim’s daughters upset by delay

Deschutes County Jail
Randall Kilby
Deschutes County Jail/December 2020
Randall Kilby

(Update: Adding video, comments from victim's daughters, Hummel holds virtual news conference, offers details; one brother killed with hatchet)

BEND, Ore. (KTVZ) – Deschutes County District Attorney John Hummel said Monday there wasn't enough evidence to charge a Bend man in a fatal Christmas Day assault until after he allegedly killed two brothers over the weekend, at least one with a hatchet.

But the first victim's two daughters see it very differently.

Randall Kilby, 35, was not charged earlier in the fatal Christmas Day assault on Daphne Banks, 43, at the same home because prosecutors didn’t have enough evidence to bring a conviction -- until he gave a new statement after the weekend killings, Hummel told reporters.

Banks' daughters, Laci and Rio Killian, told NewsChannel 21 they have been pleading for action -- and justice -- since that day.

“He (Kilby) took our mom from us, forever," Laci Killian said. "We will never get to see our mom, ever.” 

In the wake of this weekend's killings, Hummel has come under sharp criticism from some for filing no charges, allowing Kilby's release after his initial arrest on an assault charge in Banks' death.

“And then to find out that two more people are dead because of this guy, who they wouldn’t arrest in the first place," Laci Killian said.

But Hummel defended his office’s action, saying if Kilby had been charged earlier with murder, he likely would have been acquitted. He said new information Kilby gave in a statement after his arrest Sunday provided the key evidence needed to bring that second-degree murder charge.

"I'm confident that if we charged Mr. Kilby in January, he would have been found not guilty," Hummel said. "And that's why he wasn't charged -- we did not have sufficient evidence." 

Rio and Laci Killian said they feel their mother's case deserved more attention, before Kilby harmed someone else.  

“I said, 'When is it going to stop?'" Laci Killian said. "'When he kills another person and another kid and another family member?' And apparently that’s when it was going to stop.” 

As he began outlining Sunday's events, Hummel called it “a dark day in Bend’s history.”

Police were called to Granite Drive in Romaine Village early Sunday afternoon when a caller said a woman and man walked by them, and the woman silently mouthed “help.” It turned out to be Kilby’s mother.

Another caller, on Lodgepole Drive, said the woman had walked up to her house and said someone was murdered in her home and that her son was involved.

Kilby’s mother let police inside the home and found the bodies of brothers Jeffrey Taylor, 66, and Benjamin Taylor, 69. Hummel said she saw her son kill Jeffrey with a hatchet on Saturday, but they were still determining how the other brother was killed. He also said Kilby was angry with Jeffrey Taylor but that they are not yet sure what led to the other man’s killing.

Kilby took his mother out to a car and drove her around for many hours, then watched over her during the night, Hummel said. Sunday morning, the woman suggested they get some air and go for a walk, during which she mouthed “help” to a neighbor and was able to get free and run to another neighbor for help.

Hummel said “there was a romantic relationship at some point” between Kilby and Banks, but there was a question regarding whether it had recently ended.

Hummel said the cases will be presented to a grand jury for a charging decision before Kilby's next scheduled court appearance, on March 29.

“My heart goes out to their family,” he said. “Our community grieves with them in their darkest hours.”

The DA said “no crime is more important” to his office than homicide, and “we don’t hesitate to charge homicide crimes. Seventeen people have been convicted of homicide since I took office, and nobody has been acquitted. … We charge many people quickly after a homicide.

"We did not have sufficient evidence to convict Mr. Kilby of this crime. If I had charged him back in January, there’s a very good chance he would have been found not guilty.”

Hummel also mentioned the potential risk of double jeopardy, as someone convicted of a lesser crime can’t be tried again on a more serious one.

"This is not a game," he said. "Homicide is not a game. People need to know that."

Hummel said he met Monday with the two daughters of Daphne Banks, and told them why Kilby had not been charged and jailed earlier: “I told them today, if I gave them what they wanted in January, the jury wouldn’t have given them what they wanted down the road.”

Hummel would not detail the new information Kilby provided but said it was “extremely helpful for our investigation” of Banks' death, a case he said his office has worked on every day.

The DA also confirmed that Banks died of blunt force trauma, that Kilby allegedly “intentionally struck her on the head,” but would not yet say with what object.

While crucial for bringing a charge now, Hummel said it’s quite possible Kilby would have been charged with murder in Banks’ death anyway, as prosecutors are still waiting for the report form the state medical examiner.

Randall Kilby was held without bail and arraigned on the initial charges Monday morning, court records showed.

Earlier story:

Officers were called to a manufactured home in the 60000 block of Granite Drive in the Romaine Village neighborhood around 12:30 p.m. Sunday on a report of suspicious circumstances, Lt. Juli McConkey told NewsChannel 21 at the scene.

“Once we arrived, we located two deceased people inside,” McConkey said. “We do have one person detained and in police custody.”

Police on Monday identified the victims as Jeffrey Allen Taylor, 66, and Benjamin Harlin Taylor, 69 and charging documents indicate they were killed on Saturday.

"Kilby and the two victims were acquaintances," McConkey told NewsChannel 21. "They all resided there together."

Shortly after 2 p.m. Sunday, Bend police sent a phone alert to 1,750 area residents, seeking to find a person of interest, described as a white male adult in his mid-30s with brown hair and brown eyes, wearing a long-sleeved shirt and black pants, McConkey said.

Several people called in to report a man matching the description in the area of Brookswood Boulevard, near Larkwood Drive. Officers went there and detained Kilby, McConkey said, adding that there were no other suspects in the case.

The home is owned by the estate of Velma Taylor, according to Deschutes County property tax records.

The Central Oregon Major Incident Team was called in to investigate, along with the Oregon State Police Forensics lab. Granite Drive was blocked off with crime scene tape.

Search warrants were being served Monday at the home and Granite Drive remained blocked at Mahogany Drive.

Police also confirmed Monday the third murder charge against Kilby was in the fatal Christmas Day assault on Daphne Dawn Banks, 43. She was removed from life support at St. Charles Bend several days later.

Kilby had called 911 to say Banks had fallen and hit her head, but police soon determined the injuries weren’t consistent with what he'd told police, and Kilby was arrested on a second-degree assault charge.

Kilby was later released days later, with no formal charges filed. Deschutes County District Attorney John Hummel said in January that Kilby could face a murder charge, depending on the results of an autopsy and other forensic evidence, crucial because there apparently were no other witnesses to what occurred.

Initial charging documents filed Monday morning showed Kilby is charged with two counts of second-degree murder and one count of coercion in the crimes that allegedly occurred Saturday. The coercion charge involved a woman (his mother) who allegedly feared she be injured by Kilby if she didn't do as he said.

The second-degree murder charge in the death of Banks did not specify further details of the crime.

Court records show Kilby has a lengthy criminal record, including convictions ranging from resisting arrest to fourth-degree assault, second-degree theft, DUII and burglary.

Bend / Central Oregon / Marketplace / News / Top Stories

Barney Lerten

Barney is the digital content director for NewsChannel 21. Learn more about Barney here.

Author Profile Photo

Noah Chast

Noah Chast is a multimedia journalist for NewsChannel 21. Learn more about Noah here.



          1. That is completely beside the point. Why is someone paying you to argue about nothing with people on this website? Are they just not paying attention?

  1. This epidemic of crime is out of control. As a 50+ year resident of Bend and Central Oregon, we have had murders from time to time. Some unsolved. Some still unsolved. This is this problem with all of the growth, with the growth, comes a degree and element of undesirables. Our thoughts and prayers are with the family. Thankful they have someone in custody.

    1. – so, has the per capita crime rate increased? – were those “desirables” committing the murders back in the day…. because the “undesirables” hadn’t arrived yet?

      1. So Tio- lemme see if I got yer thinkin’ right… If there is a shark in the water- the beaches should still be open and the life-guards should encourage as many people into the waters as possible… because- hey- the shark ain’t gonna get ya all ! You obviously never had kids- no concept of risk management… “per capita ? Really- with a murderer on the loose ! You all will shut yer lives down to a mild virus- but will sit back and say nothing as local attorneys release “sharks” back into the waters ! That’s the direction your liberal-socialist-Demokrat Bend has taken you all… now live with the consequences of your support.

        1. – ho wishy, you have definitely got something, but it’s got nothing to do with me, or thinking of any recognizable sort – just because you can make a turd sandwich out of anything does not make you a master chef

        1. – those were rhetorical questions, since any reasonably competent third grader could locate factual information that would show that the post i commented on has nothing to do with reality and is just a whiny excuse to push an unsubstantiated emo opinion – much like a lot of the hooey you post – did you really need to have that explained to you?

    2. You can make that comment and not know ZERO about what happened? Armchair know it all’s who comment and know nothing about the circumstances.

      1. I was just talking to the suspect yesterday. He was at my store which will remain unnamed. He was talking to an old friend at the counter. He seemed a little off to me.

      2. Your name, The Stoner, pretty much describes you. You are offended I used the word undesirables. What the hell Stoner. Growth brings issues. You were not born in 1969. but Bend was magnficant.

        1. LMFAO it was magnificent when it was locked in to poverty, unemployment and the highest unsolved.murder rate in the US?

          Amazing that you are bemoaning murders but clamoring to go back to a time when they occurred but went unsolved.

    3. Johnny Carson said on one of his late night shows back in the 60’s, ” If you want to get away with murder, move to Bend, Oregon” I guess some people have followed his advice. Welcome to Bend!

      1. I am from Florida and have been in Bend for a year now. We are moving back to Florida. The money is good here and the scenery is beautiful, but it seems stagnant in so many ways. The homeless problem is so bad. Two of my coworkers are homeless, and they have full time jobs.

      1. Interesting, your sources stated that No murders occurred last year. Daphne Banks was killed and now these two murders. So either it is one murder last year, or three this year. Just because the DA does not charge someone, does not mean the crime did not happen. Crime in Bend is up but you’re not gonna get the DA, the police, or the news to state that. It would be bad for business.

          1. Put a lid on it B- Let’s let Snorze’s link provide all the clarification needed- According to Heir Keyzer… “Bend crime rate has been trending down for decades”… but according to the data he is quoting- Bend suffered through record levels of “violent crime” during the Obama years- “HIS” summary report is most revealing- Aggravated Assault in 2016 (59)… in 2021- (80) projected. 2016- Arson-(8) 2021-(22) Projected. Murder and Manslaughter 2016 (0)- 2021 (1) already passed projections- Rape in 2016 (17) in 2021-(25). Violent crime overall in 2016 (96)- in 2021 (115) projected !!! Barney ! What the hell is your intent in joining the discussion… cause it sure as hell aint to point out the facts ! Here’s yer link- go ahead and double and triple check the lies Snorze is promoting and you are running cover for ! Then reach across the room and tell him to tone it down- the locals are on to the con !


  2. Perhaps you need to put a disclaimer on posts like this because people don’t seem to have common sense about releasing information about crime scenes. For as much information that people have access to or are given they seem to ignorant about it?

      1. Anytime someone dies by the action of a person it is a homicide. However, not all homicides are murders. Murder is like you said above, a homicide that was against the law.

        1. “Anytime someone dies by the action of a person it is homicide.” No, that is not true at all. What are you talking about? A homicide is defined as “deliberate and unlawful” there are such things as accidents, killing in self defense, and a few other situations where it’s not homicide. You have literally no clue what you are talking about.

  3. I hope our d.a. dragging his feet didn’t get two people killed. Saw the suspect walking then falling to the ground on brookswood (look intoxicated)I turned around to render assistance but he was up and walking. When I got to my destination I found they were looking for somebody matching his description.Called but he was already in custody.

    1. D.A.’s won’t prosecute a case if they don’t think they have a good chance of winning. They may “know” that the suspect is guilty of the crime, but because of a number of variables, they may not be able to effectively prove it in a court of law. It’s the old adage: there’s what you KNOW, and then there’s what you can PROVE.

      1. Bull. Randal Kilby took a spree of ramming into driving vehicles a year and a half ago (while he was on probation). He hasn’t had the trial for that yet. They moved it three times now. It isn’t just a winnable charge against him, multiple people minding their own business can testify to him repeatedly ramming us. He had a police chase through Bend that night, was taken down with spike strips and guns drawn WHILE
        ON PROBATION, and they let him out almost immediately and haven’t tried him for those charges.

        Since then, he has been let out 3 times while we wait for this trial, and he has harmed people each time; escalating it to now an arrest for murder. He should never have been on the streets, and our system is directly responsible for it.

        1. You may have a point about things that Kilby was involved in before–I don’t know because I wasn’t following it all. But as for THIS situation, it seems that the D.A. is confirming what I already said, which, by the way, is not “bull”. You may not like it, but that’s your problem, not mine.

          1. They had sufficient reason to not let him out of jail at all in the last two years of crimes. For his previous two violent crimes that have not yet been tried, for his involvement in the suspicious death of a woman, and all while on parole. There was no reason for him to be on the street other than blanket incompetence by our DA. You defending the choices of Hummel on this thread with zero information other than “well the DA said so” is the bull here.

            And Hans, when you comment on a news story with nothing to offer but what you saw on forensic files and heard our dear DA say, people are going to disagree with you. You may not like it, but that’s your problem, not mine.

    2. Agreed. It is unreal he had been allowed to walk after that poor woman’s beating. He clearly was a ticking time bomb… now this, 2 more dead. I am certainly not in law enforcement or an investigator, but from multiple interviews with her family it seemed as though there should have been enough probable cause/circumstantial evidence to establish charges.

  4. I watched Jonny Carson every night from May 1973 thru Aug 1974, and he did say move to Bend, OR if you want to commit a murder – I heard him say it!

      1. Barney, go to sleep man. For real. If you just read comedy instead of hearing or watching it, you wouldn’t think anything is funny. Stay in your lane, comedy is not it.

      2. “How was that a joke” ??? Probably along the same lines as your fellow baby-boomin’ liberal local celebrity “Dave Clemens” feels the need to assosiate everyone of hi local attempts at humor with “right Prineville” ???… Of course nobody knows the backstory as to why D Klemens feels the need to badger a small town community of ranchers- probably more to do with a relationship gone sour- something along the lines of how and why “Wham” broke-up. In any case- it’s an old out-dated form of humor along the lines of Mr. Potato Head Don Rickles… Yeh- the irony of that !

  5. Deschutes County District Attorney John Hummel is liable for these preventable deaths. Kilby should have been in jail awaiting trial based on the fact that he gave inconsistent information to police in a previous/recent homicide. Facts are facts.

      1. Why wasnt he charged with first degree murder and special circumstances calling for the death penalty, because that’s what needs to be done with everyone of these subhumans.

        1. Hummel has made it clear that he is 100% against the death penalty. And being a former defense attorney, he is geared towards getting less penalties and finding loopholes. He thinks preventing crimes is the way to go. Sounds like he watched Minority Report one too many times!

      1. He should have been in Jail for one of his several previous arrests. Dude is a thug and a menace to society. Maybe he can claim some ethnicity so the peacekeepers can rally for him, and our DA’s office can turn him loose again.

  6. Pssst, Romaine Village is east of HWY 97, ergo the bodies were found in South EAST. They popped the perp on the WEST side. Keep your illegals on your own side.

  7. It’s curious how many of you attack Barney. I wonder … does it feel good? Make you feel big/manly? Or should I day BIGLY?

    What’s the point. He’s doing a job ~ and he has to put up with multiple attacks of condescending bs.

    Many of you are reminiscent of the bullies I encountered in middle school (adolescent males). Tossing verbal abusing and always from a distance.

    Can you learn how to disagree without sneers and toxic attacks? Civil discourse?

  8. Fatally injured in an assault is PC, snowflake, lefty jargon for this guy killed a person in December, and DA Hummel failed to put him behind bars. Now 2 more are dead. Good work John. You failed to put him away in December and left home in the streets to kill again. Hope you sleep good tonight.

    1. District Attorneys don’t put people behind bars, that falls to judges and juries under our criminal justice system. See O.J. Simpson for the difference between knowing who committed a crime and having sufficient evidence to prove it beyond a reasonable doubt.

  9. Condolences to the family and friends of the three people who were killed. Loss of a loved one is the most painful experience. This is so sad. Keep the perp in custody and off the streets please.

  10. It is way past time for Hummel to move on from a position he only sees as a stepping stone. His ineffective and dangerous approach of avoiding tough cases has contributed greatly to a sense of criminals getting by without responsibility. How many of the cases from last year’s fights at the Powell Butte parking area have gone to trial yet? Additionally, there is a high degree of certainty out that these two deaths this weekend could have been prevented if he had made the charges of homicide in the first case, which the general evidence pointed out. Based on his track record, he appears that he only tries cases he is assured of winning or only to further his view of social justice. This is one time a recall petition has more than enough merit to proceed.

  11. they got this guy all the while the double homicide off of 12th street hasnt been solved and has the earmarkings of a cold case. Maybe whoever did that one figured that with the virus rampaging as it was this time last year the public’s attention would be on that and the histrionics of our governor and figured it was good time to get over it.

  12. Heres what Im curious about. So he attacked a woman on Christmas day so severely she died, I think on Jan 1st.
    He was arrested and then released onto the streets until these 2 people were also murdered by him. All you have to do is google him and you see that he has two other oending court cases coming up this year that involve violence. Id like to know why he was released to begin with. There were no pending charges for the murder of the lady on Xmas until they found out 2 people had been murdered after his release from killing this other lady. Not to mention the coercion of this other lady not to tell something she knew about him for fear of being killed by him.

    Why wasnt he in jail? Somebody has some explaining to do. They obviously had enough evidence to charge him for the first murder because now all of a sudden hes charged with it. So for some reason they felt it was okay to let him on the streets and now 3 people are dead.

    1. He did explain, at length. (You of course are free to disagree.) And no, she was taken off life support Jan. 10. The coercion charge was from this weekend involving his mother. The DA told us the statement from Kilby after this weekend’s killings provided the evidence they needed to file that charge.

  13. “We did not have sufficient evidence to convict Mr. Kilby of this crime. If I had charged him back in January, there’s a very good chance he would have been found not guilty.”
    If he did his job the brothers would be alive today. Hummel did not do his job…accessory to murder????

  14. If thats what it was then I inderstand the reasoning. I am curious why you chose not to post my response to your reply. The autopsy results could clear this up. When did they get the results and what were they? Its interesting you chose to to post that. I havent been rude or disrespectful. Its just a question we should all have the answer to. If it is in time with everything else great but if they got it back and knew he was a murderer and still didnt arrest him. Then its a problem.arres

  15. Hummel says if they charged him with murder for the first one, he would have been acquitted. So this guy, looking as intelligent as he does, literally committed a murder and our folks in the DA’s office got out smarted. Wow….that’s scary.

    1. Unfortunately, Hummel is like a mediocre high school football coach looking to move up to the NFL with his eye on a federal job in Portland. He ties his fortunes to one rising star (social justice); yet let’s the kid get away with multiple rules being broken (the recent Kirby murders or lack of persecution in the Powell Butte fights last summer) and is not going to take any stand that might cook his “golden goose” (chance of losing a case). Hopefully, some good will come out of this weekend’s murders and that includes Hummel bring done as a DA and hopefully as a lawyer. Family members of the men killed this weekend need to file formal complaints with the Oregon Bar Association do it is on his record.

  16. Reading these comments, it is becoming obvious how many people think TV crime shows reflect real life and, as a result, would flunk a 6th grade civics test.

  17. Hummels time is up. Unfortunately people had to die before his malfeasance was exposed. Fortunately it happened before he could claw his way furthur up the ladder. This should effectively cork him off and prevent his further climb. Time for him to quit suckling on the public teat.

      1. My prayers go out to the families of the victims. I am a neighbor of Jeff who was a extremely kind soul and am devistated by Randell’s evil actions to these 3 people. In my brief encounters with Jeff and Randell I can say that I noticed extreme mental instability with Randell and from the first moment felt he is suffering from some type of phycotic disturbance. I would only hope that he has had phyciatric evaluations prior to these releases knowing the extent of the crimes he waited to he tried for.

        It’s a failure to these victims that our system failed to protect them and justice now can be reached. Dispite the system failing our DA may not have ever been able to provide Banks with justice without this happening unfortunately. Everything happens as it does, and without our understanding, it has a purpose that someday will make sense.

        I think this shows that we need to have changes with our justice system and our mental health system. This could prevented with a system that works together and doesn’t let not one person slip through the cracks.

  18. Does anyone know if an active effort is underway to recall Hummel??? He has too long of a history making deals with people that assault children and flat out letting other go free. Where do I sign my name? He has to go!

    1. No! right now we are actively working on getting the parent company of KTVZ to shut down this Troll board and limit comments to their FB & Twitter platforms.

      Hopefully, the decision will be finalized soon! Stay tuned!

  19. So, assuming the “suspect” had been charged in the earlier crime and been in jail awaiting his trial, two other people would be alive today. He would have been charged with a single case, and not a triple murderer who used a hatchet to commit his second crime. Curious to know what Forest Gump would have thought about this one.

    1. Using that logic, if Trump had been re-elected then we wouldn’t have the current Border crisis and Biden wouldn’t have tripped trying to walk up his wheelchair ramp!

  20. Hummel needs to go. This guy just hacked a person to death with a hatchet, a murder that could have been prevented, and should have prevented. Even if the Christmas Day murder this man committed was an assault that ended in death he should have been jailed until court. Hummel is pathetic, needs to go

  21. Hummel is noted in an Oregonian article today supporting the dismantling of Measure 11 which was and is an effective anti-violent crime tool and was rightfully put in place by voters under the Oregon Constitution. Hummel’s actions continue to fly on the face of the voters who put him in this job. Most of the citizens of Deschutes County thought they could wait for him to either get a job in Salem or wait until his term was over, but not sure we can actually have a functioning DA office with him in charge. Ineffective would be a far too generous assessment of his job as a DA.

  22. Barney, I appreciate your thick skin, but maybe this board should move to FB profiles. People seem less likely to troll when the avatar is tied to something real…

    1. Visit our Facebook page and you’ll see far worse quite often, from obscenities (filters don’t work!) on down, and FB does not allow pre-moderation (which would be too big a challenge anyway – 1,000s of comments a day.)

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