Judge rejects prisoner's appeal of convictions for murders, burglary, arson, robbery

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The Washington State Court of Appeals has rejected the appeal of the man found guilty of murdering a Quilcene couple in their home in March 2009.

Michael John Pierce, 46, filed an appeal of his conviction for the murders of Pat and Janice Yarr in November 2018.

Pierce claimed the evidence for conviction was not enough to send him to prison, and that his convictions for felony murder and robbery violated his double jeopardy rights.

In a decision issued Aug. 4, Acting Chief Judge Pro Tempore Lisa R. Worswick denied Pierce's appeal.

It was Pierce's second appeal of his conviction, and in her ruling, Worswick said he had missed the one-year deadline for filing the appeal. 

Pierce was convicted of two counts of first-degree murder and one count each of first-degree robbery, first-degree burglary, first-degree arson, theft of a firearm, unlawful possession of a firearm and second-degree theft in 2014.

His sentence became final April 7, 2017, the judge noted, but he did not file his appeal petition until July 26, 2018.

Worswick also rejected Pierce's claim that his double jeopardy rights had been violated.

"Pierce’s statements to others and actions after the crimes are sufficient evidence of identity," Worswick said in her decision. 

"The disappearance of Pat Yarr’s .25-06 rifle following Pierce’s murders and arson is sufficient evidence of theft of a firearm. Pierce’s entry into the Yarrs’ home to collect a debt while armed with a pellet pistol, shooting the Yarrs in their home, and subsequently taking items from the Yarrs is sufficient evidence of both burglary and robbery," the judge added. 

Worswick said Pierce had failed to prove there was insufficient evidence for his convictions.

"He also fails to show double jeopardy," the judge continued. "He was not sentenced for both murder and robbery, and there was evidence of an independent purpose of the robbery from the murder, so double jeopardy was not violated."

There were two mistrials before Pierce was found guilty of the felony charges.

Jefferson County Prosecutor James Kennedy noted that Pierce had consented to the first mistrial so he could get a Kitsap County jury, while the second mistrial was due to a manifest necessity.

“I hope this result brings a measure of peace to the surviving family," Kennedy said in a press release. 

"I thank the court for making the right ruling and appreciate the hard work put in by Laura Mikelson, Phil Hunsucker, and Chris Ashcraft who all collaborated to achieve what I believe is a just result,” Kennedy added.

In her ruling, Worswick noted "when a defendant requests a mistrial, or in the case of the first mistrial joins in the motion for mistrial, double jeopardy does not bar retrial."

Pierce had a lengthy criminal history at the time of the murders, according to the Jefferson County Prosecutor's Office, including 14 prior felony convictions.

In his last trial, Pierce was given 117 years in prison and ordered to pay $222,601 in restitution. 

He is currently housed in Washington State Penitentiary in Walla Walla.