Monday, July 6, 2009

Custodial dad accused of murdering girlfriend, involving son in the disposal of the body (Three Forks, Montana)

Custodial dad JAY J. MYRON is accused of shooting to death his ex-girlfriend, then burning the dead body. His teen-aged son is accused of aiding in the incinceration. The son had rebelled against the structure and rules at the mom's house, and the mom felt guilt-tripped into letting the son "get to know his father." So the father gained custody. In other words, father exaltation results in a teen-aged boy getting swept into a father-instigated murder case. Got it.

http://www.bozemandailychronicle.com/articles/2009/07/02/news/000myran.txt

Murder suspect pleads not guilty

By JODI HAUSEN Chronicle Staff Writer

The Three Forks man charged with shooting then burning the body of his ex-girlfriend pleaded not guilty in Gallatin County District Court Wednesday morning while his teenage son denied charges of aiding in the incineration in a separate hearing that afternoon.

Jay J. Myran is escorted by Gallatin County sheriff's deputies into Gallatin County District Court Wednesday to enter a plea to charges of deliberate homicide and tampering with evidence. District Judge Holly Brown continued 37-year-old Jay J. Myran’s bail at $1 million after the short morning hearing.

After hearing testimony from Lance Myran’s mother Wednesday afternoon, Judge John Brown continued the 14-year-old’s bail at $50,000 and sent him back to a secure youth detention facility in Billings.

According to court documents, Jay Myran told Gallatin County detectives before his arrest June 10 that he shot his ex-girlfriend, Gayle Brewster, on May 12 with a .410-gauge shotgun when she put the gun in her mouth while he had his finger on the trigger and it went off. He said he had intended to shoot rabbits.

Brewster had been missing since May 12.

Myran has not said how Brewster’s body ended up as the charred remains found in a barrel outside their rented trailer at 3155 Pyfer Road in Three Forks at the edge of Headwaters State Park. Her body was identified by metal plates that matched surgical records at Bozeman Deaconess Hospital, court documents said.

Three sheriff’s deputies provided heightened security during Jay Myran’s initial hearing Wednesday morning while several non-uniformed officers observed proceedings from the back of Judge Holly Brown’s courtroom.

County Attorney Marty Lambert recommended Myran’s bail be continued at $1 million, citing the nature of the charges and that the defendant refused to meet with a pre-trial services officer.

But defense attorney Peter Ohman said he advised his client not to do so.

State prosecutors will not be seeking the death penalty for Jay Myran. Lambert said after the elder Myran’s hearing that the circumstances of the case do not rise to a capital crime.

Wednesday afternoon, Lance Myran, sporting a mohawk-style haircut, appeared in Judge John Brown’s courtroom wearing camouflage shorts and a black “South Park” cartoon T-shirt. About a dozen of Myran’s family members filled two rows in the courtroom.

Prosecuting attorney Eric Kitzmiller entered three letters written by the victim’s family into evidence and recommended Lance Myran be kept in a secure facility and that his bail be continued at $50,000. He cited the “nature of the charge and circumstances which resulted in the death of an individual and the (alleged) actions of the defendant in trying to conceal the evidence,” he said.

He also alluded to behavioral issues that were the reason Myran came to live with his dad.

Lance Myran’s attorney Brandon C. Hartford requested Brown set bail at $5,000 and questioned Lance Myran’s mother, Christina Myran, asking what led to her son moving to Three Forks.

Christina Myran denied that her son had disciplinary problems other than some lousy grades. She said her household rules required that her children maintain above average grades in order to keep their longer hairstyles, but when Lance received a couple of F’s in social studies and math, she said, “You realize that we’re going to have to cut your hair short.”

That’s when Lance Myran decided he’d rather live with his father, she said.

When Hartford asked if she was scared of the possibility of her son’s release, she said, “No, because I trust my son. I always have. He’s very well-behaved. The behavior he’s accused of is out of his normal character.”

In addition to the haircut, Christina Myran told Kitzmiller she tried numerous tactics to address her oldest son’s grade issues. She took away his video games and cell phone, added chores and spoke with teachers.

But “none of that seemed to work,” she said. “He chose to live with his father because he didn’t want to deal with the consequences.”

“Sounds to me like you’re letting Lance dictate what he wants to do,” Kitzmiller said.

“I felt he had a right to get to know his father,” she responded.

After reviewing the three letters and Lance Myran’s psychological evaluation, Judge John Brown returned to court with a decision to keep bail at $50,000.

“Mr. Hartford, I appreciate your position but this is a very serious offense - one of the most serious offenses that can be brought before this court,” he said. “He is accused of participating in burning the body and (the incident) went unreported for several weeks.”