Stark Attorneys Seek To Dismiss Charges
SPOKANE – Attorney’s for Shellye Stark, the woman convicted of killing her estranged husband, are going back to the courts demanding the charges against her be dismissed.
Stark is set to be sentenced in one week, but her defense team says there was insufficient evidence to convict her.
In a pair of motions filed with the court on March 30th, her attorneys claim the state failed to prove that Stark would financially benefit from the killing.
If the defense’s motion to dismiss fails Stark is also asking the court to vacate her conspiracy to commit murder conviction.
Stark contends that because she was convicted of pre-meditated murder, which implies planning the event, to punish her for conspiracy would be a form of double jeopardy.
If that second motion fails Stark is asking for a 20 year sentence, prosecutors are asking for double that amount including a five year deadly weapons enhancement.
Stark will be back in court April 9th.