Death penalty possible for accused deputy killer

By Pat Jenkins

The Dispatch

Prosecutors believe they know who fired the shot that killed a Pierce County Sheriff Department deputy in Frederickson last month, and the accused may have to pay with his own life.

Forensic testing indicated that the bullet recovered from deputy Daniel McCartney’s body came from the gun that was found approximately 175 feet away from him along the path taken by Jeremy Pawul as he fled a shooting that followed a break-in and attempted robbery at a house on Jan. 7, according to authorities. They said a shell casing believed to come from the same weapon was found near McCartney’s body.

As a result, the county prosecutor’s office filed a charge of aggravated murder last week against Pawul – the only charge in Washington law that is punishable by death or a sentence of life in prison with no chance of release. A decision on whether prosecutors will seek the death penalty is pending.

Pawul, 32, was previously charged with first-degree murder.

The higher charge filed against him Feb. 6 was also prompted in part by text messages recovered by investigators from Pawul’s cell phone that showed he was in possession of two .45-caliber handguns in the days leading up to the deputy’s murder. That was the type of two handguns found at the scene, authorities said.

“I promised that we would hold fully accountable everyone involved in the murder of deputy McCartney. (Last week’s new charge) was another step toward fulfilling that promise,” said Prosecuting Attorney Mark Lindquist.

Authorities say Pawul and another man forced their way into a home on 45th Avenue Court East shortly before 11:30 p.m. and demanded money. One of the three adults who were inside the home with two children called 9-1-1 and said the suspects were wearing masks and armed with handguns and knives.

According to investigators, McCartney, the first deputy who arrived at the scene, chased Pawul and a second suspect, Henry Cardsen, on foot when they jumped out of windows and ran. A brief gun battle ended with McCartney and Carden dead.

Pawul was captured the next day. Two more arrests and charges in connection with the murder followed. Brenda Kaye Troyer, 52, and Samantha Dawn Jones, 29, are accused of going with Pawul and Carden to the house where the attempted robbery and shooting happened. Troyer drove, and Jones had an ongoing dispute over drugs with one of the people living there, authorities said.

Evidence against the suspects includes cell phone records. Cell tower and GPS coordinates placed Jones’ phone with Carden, Pawul and Troyer the night of the incident. Pawul’s, Troyer’s and Jones' phones were registering off the same cell towers as the vehicle traveling to the home where the break-in and shooting happened, authorities claim.

As with Troyer's phone, Jones' phone remained at the scene before 9-1-1 was called by residents of the house. Jones' phone then traveled to the same location as Troyer's after McCartney arrived. Both phones also traveled to a nearby grocery store, where surveillance video showed Troyer and a woman who matched the description of Jones in the store together.

Detectives retrieved messages between Jones and Pawul after the murder in which Jones asked where he was and whether he was hiding. Her phone then traveled back to the location of the incident.