The attorney for Mark Wilson, who is accused of first-degree murder in the March 24, 2018, shooting death of Pat Brown, is asking for jury instructions that explain two possible defenses — intoxication and mental illness.
He’s also asking that jurors be given the option of finding Wilson guilty of a lesser charge of voluntary or involuntary manslaughter at his trial, now set for June 3 at the Jefferson County Courthouse in Rigby.
Public Defender Jim Archibald filed those requests in late April. Archibald also asked the judge to include legal definitions of premeditation, the difference between murder and manslaughter and negligent use of a deadly weapon in jury instructions.
Archibald has listed Wilson as a potential witness at trial, along with Wilson’s sister, Lisa Wilson of Salmon; optometrist Dustin Jones of Salmon; and Miles Haeberle, a physician assistant at Challis Area Health Center.
Wilson called the Custer County Sheriff’s Office the afternoon of March 24, 2018, saying he had shot Brown, a friend of his, at her residence, according to court documents. When officers arrived at Brown’s house, they found Wilson outside and arrested him. Wilson told officers he had been drinking. Wilson is in the Jefferson County Jail in lieu of posting a $1 million bond.
Last year Custer County Prosecuting Attorney Justin Oleson took the death penalty off the table in Wilson’s murder case.
Earlier this year, Oleson amended the complaint against Wilson to include a charge of unlawful possession of a firearm by a convicted felon. That charge is being prosecuted in a separate case before Judge Joel Tingey. Wilson’s attorney in that case, David Cannon, successfully moved to change the venue to Bonneville County and to disqualify Judge Thompson from that case. A jury trial is scheduled for June 19 at the Bonneville County Courthouse in Idaho Falls.