Court upholds convictions in double murder

The Montana Supreme Court on Tuesday upheld Troy McGarvey's double homicide conviction.

Two years ago, a jury found McGarvey guilty of shooting Clifford Grant, 37, and Norman Nelson, 44, to death at Grant's Ferndale home in July 2001.

McGarvey appealed, saying District Court Judge Stewart Stadler should have thrown the case out for lack of evidence.

No physical evidence was found tying him to the crimes. No murder weapon was found, either, and McGarvey consistently maintained his innocence.

Two witnesses reported hearing him confess to the shootings during a casual conversation. However, one was a heavy drinker who testified in exchange for leniency on a felony DUI charge, and the other had been evicted by McGarvey for failing to pay his rent.

In his appeal, McGarvey cited various case law suggesting the state had a responsibility to corroborate a confession with other evidence. Absent that corroboration, he said, the case should be dismissed.

The Supreme Court was unsympathetic, saying the requirement for corroboration only arises when a confession is obtained by law enforcement.

"McGarvey's primary contention is that [the two witnesses] were patently unreliable, and therefore corroboration should have been required to uphold their testimony," Justice William Leaphart wrote in the court's decision.

However, "McGarvey does not ask this court to address the reliability of a statement he made to the police, but rather the credibility of two prosecution witnesses."

Moreover, Leaphart noted that the Flathead County Attorney's Office provided additional evidence that not only placed McGarvey at the murder scene on the day of the shootings but also indicated he was angry with one of the victims because of a dispute over money.

"The jury, not this court, determines the credibility of trial evidence," Leaphart wrote. "The state presented myriad evidence which, taken together, implicated McGarvey's guilt. He had the opportunity to refute the state's case with opposing evidence. The jury found the state's case more compelling."

Stadler sentenced McGarvey to 100 years for each murder charge plus 10 years for the use of a weapon.

The sentences will run concurrently. Given good behavior, he could be paroled in about 25 years.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com