Stone gets at least 3 years for role in covering up murder of Rachael Anderson

David Stone, 51, was sentenced Wednesday afternoon in a Latah County courtroom to a minimum of three years and a maximum of seven years in prison for his role in covering up the murder of Rachael Anderson.

Stone, who was being sentenced for failure to notify authorities of a death, will be eligible for parole in just a year and a half after Judge Jeff Brudie granted him credit for the 18 months he has already served behind bars.

Stone received a deal from the state for testifying against Charles Capone, who was charged with and convicted in September of Anderson's murder.

In the deal, Stone recounted what he witnessed in 2010 and detailed how he assisted in the disposal of Anderson's body. In return for the testimony, Stone's charges were decreased from murder to failure to notify law enforcement of a death.

"There has been a substantial benefit for Mr. Stone for finally doing the right thing in front of the court," Latah County Prosecuting Attorney Bill Thompson said during the sentencing. "There could have been prompt reporting to authorities. ... He could have made a different decision with substantially different results."

In Stone's testimony during Capone's trail, he said he witnessed Capone strangling Anderson, and that he then helped Capone dispose of Anderson's body in the Snake River. Her body hasn't been recovered.

"He not only did not take steps to stop it, he firmly helped to cover it up," Thompson said Wednesday. "This conduct simply cannot be tolerated in our society."

Stone maintained his silence for three years, to the point where Anderson's body is irretrievably lost, Brudie said.

While Brudie said he doesn't believe Stone was caught up in any plan to kill Anderson, he doesn't know now plausible it is to believe that he was so afraid of Capone to remain silent for three years.

"You had a series of opportunities over time to disclose what you knew," he said.

Anderson's oldest daughter, Amber Griswold, said she could not imagine putting herself into the position Stone was in at that moment, but that she hopes she would have reacted differently.

"I understand fear is a big motive," she said. "I do believe David Stone was put in a really hard position, where he had to make a decision."

His decision to keep quiet, though, cost a lot of time and money and caused suffering and pain, she said.

"Now my children have anxiety that their mom may disappear one day," Griswold said. "His decision has impacted our family greatly."

During his statement to the judge, Stone apologized to Anderson's family and said he hopes they may one day be able to forgive him.

"I want to apologize to Rachael's family for this unnecessary and horrific event," he said, pausing as he cried. "To say I could imagine how you must feel would be wrong. ... I'm genuinely and sincerely sorry.

"... It's a day I think about every day and will for the rest of my life."

While he said the fear he felt in that moment for his wife, step-daughter and self did not make it right to not intervene, all he can do now is stand in the courtroom and take full responsibility for not coming forward sooner.

Considering his clean record prior, both the prosecution and the judge said they do not believe Stone is a risk to be a repeat offender.

"I would be very surprised if David Stone committed another crime in his life," Thompson said.

While Brudie said Stone only came forward after serious charges were hanging over his head, he did do his part and helped with the trial against Capone. He also said he believed Stone was genuinely remorseful for his actions but punishment was still needed.

"I don't look at you as a threat to society," Brudie said. "But along with that, I have to look at the conduct that brought you here ...I think you struggled with your conduct for years and will continue to do so."

Brudie said protecting Stone from Capone inside the correctional system is of importance, and Thompson said Capone is the type of person who will likely reach out inside the correctional system if he feels any ill-will toward Stone.

Brudie said the sentence calls for both punishment and protection, and part of Brudie's decision will give the corrections department the ability to locate Stone away from Capone for his protection while he serves out his punishment.

Samantha Malott can be reached at (208) 883-4639, or by email to smalott@dnews.com.