The Nez Perce County Prosecutor’s Office will be seeking the death penalty against Nicholas D. Umphenour after he had his first court appearance in Nez Perce County for the charge of first-degree murder.
Umphenour, 29, and Skylar Meade, 32, were both indicted by a grand jury for first-degree murder in the death of 83-year-old James Mauney after the two planned a prison break in Boise in March.
Umphenour appeared Thursday before Magistrate Judge Karin Seubert on Zoom at the Nez Perce County Courthouse. He appeared by video from the Nez Perce County Jail and two attorneys from the State Public Defender’s Office, Brian Marx and Bryan Hall, were present on his behalf by Zoom in Boise.
A news release from the Nez Perce County Prosecutor’s Office sent on Thursday noted the intent to seek the death penalty.
“Seeking the death penalty is appropriate in this case considering the defendant’s complete lack of regard for the life of Mr. Mauney,” said Nez Perce County Prosecutor Justin Coleman in the news release. “We’ll continue to fight in both this case and the co-defendant’s case to get justice for the victim.”
Meade is also facing the death penalty for the first-degree murder charge. He chose to stand silent while a not guilty plea was entered in August. His trial is scheduled for Feb. 3.
In the court hearing for Umphenour, Coleman argued that the no bond warrant issued by 2nd District Judge Mark Monson should remain in place. He cited the nature of the charge, risk to the public, risk to law enforcement and the history of Umphenour’s other charges as reasons for no bond in the case.
Marx said the defense would defer to the court on the bond amount given that Umphenour was sentenced to Idaho Department of Correction for a lengthy prison term.
Seubert decided keep the no bond warrant, meaning that Umphenour will remain in custody without bail. Seubert also appointed the State Public Defender to represent him in the case.
Umphenour will have his arraignment, which is typically when a defendant enters their plea, Dec. 12 before 2nd District Judge Michelle Evans. Umphenour and Meade were indicted June 10 while they were in Ada County for charges related to the prison escape. A warrant was issued for Umphenour’s arrest June 11 and was returned Thursday. Umphenour was taken to the Nez Perce County Jail with coordination of the Idaho State Police, Ada County Sheriff’s Office, Lewiston Police Department and the Nez Perce County Sheriff’s Office, according to a news release.
At the end of the hearing, Seubert asked if Umphenour had any questions and Umphenour responded “no ma’am.” Other questions and answers during the hearing were answered through his attorneys.
In the Ada County case, Umphenour was released from prison in January and then helped Meade with the escape and both were members of a white supremist gang. Umphenour pleaded guilty to aiding and abetting escape and aggravated assault and battery on law officers in connection with the attack at St. Alphonsus Regional Medical Center. In October, Fourth District Judge Nancy Baskin in Ada County sentenced Umphenour to life in prison and said he wouldn’t be eligible for parole for at least 40 years, according to KTVB.
According to Idaho law, all persons involved in the commission of crime, either felony or misdemeanor, can be charged whether or not the person was directly involved or aided and abetted. A person can also be charged in the crime if they advised, encouraged, commanded or coerced another person to commit the crime.
Meade and Umphenour are also suspected in the death of Gerald D. Henderson, 72, who was found outside his cabin in Orofino. No charges have yet been filed in that case.
Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.