Bend man’s second murder trial could be delayed two years by legal dispute over police interview statements
BEND, Ore. (KTVZ) – A Bend man recently convicted of murder in the March 2021 hatchet killings of two roommates was scheduled to go on trial next month in another killing a few months earlier. But that trial could be delayed some time – perhaps even two years --by a legal dispute over the admissibility of his statements to police in that earlier crime.
Randall Kilby, 38, faces a life sentence at next Friday’s sentencing for the murders of Jeffrey Taylor, 66, and Taylor’s brother-in-law Benjamin Taylor, 69, whose bodies were found in their Granite Drive home. A jury heard a week of prosecution testimony and no defense witnesses before finding Kilby guilty of two counts each of first- and second-degree murder.
Kilby also is charged with second-degree murder in the death of Daphne Banks, 43, who was seriously injured and found unconscious in the home’s garage on Christmas Day of 2020, and later died at the hospital. Kilby was initially arrested on an assault charge but released with no charges filed, as then-DA John Hummel said prosecutors lacked adequate evidence until his arrest in the later two killings.
District Attorney Steve Gunnels said prosecutors are appealing to the Oregon Supreme Court a recent ruling by Circuit Judge Annette Hillman that allowed Kilby’s statements to police to be admitted in the Taylors’ murder trial, but not his statements during the same interview in regards to Banks.
Prosecutors claimed Kilby's statements to two Bend Police sergeants during a five-hour interview should be allowed in both cases, as no formal charges had been filed in either case. But Hillman said his rights were violated in regards to the Banks case because one asked, "Is there anything else that you believe you would or need to take ownership for, other than just what we’re talking about with Jeff and Ben?”
Kilby then spoke of hitting Banks in the head, Hillman said, a case for which had obtained legal counsel after the initial arrest.
The Oregon Department of Justice filed notice of appeal of Hillman’s ruling on Dec. 22 and will be handling the case at the state's highest court.
On Friday, Hillman added to next Friday’s sentencing of Kilby a hearing on the status of the Banks case and trial, pending the state’s appeal. Gunnels told NewsChannel 21 on Friday that "typically, appeals take 18 months to two years, but this may be expedited."
