Third trial starts for Whitman Co. man charged with 2011 murder



Posted on December 2, 2013 at 5:57 PM

Updated Wednesday, Dec 18 at 1:55 PM

WHITMAN COUNTY--A Whitman County man charged with murder headed back to trial for the third time on Monday after two mistrials in the case.

Prosecutors said Daniel Lazcano and his brother Frank shot and killed Marcus Schur two years ago.

Frank Lazcano is serving 25 years in prison for first-degree murder. A judge declared a mistrial in Daniel Lazcano’s murder trial in February. A second mistrial was declared in the summer of 2013.

READ: Judge declares mistrial in Whitman County murder case

Authorities said they found the body of Marcus Schur in Whitman County’s Bonnie Lake in the winter of 2011. Investigators found the rifle used to murder Schur under the T.J. Meenach Bridge in Spokane in September. The Whitman County Sheriff said the investigation shows the brothers had a motive to kill Schur after he allegedly stole from their home.

READ: Judge sentences Frank Lazcano for first degree murder

The first two trials happened in Whitman County. The third trial has been moved to Spokane County. The costs continue to pile up. Eleven out of the 12 jurors allegedly favored conviction in the last trial.

Daniel Lazcano’s first two trials cost the court approximately $15,600 according to the Whitman County Superior Court Clerk’s Office.

That cost includes the mileage reimbursement for the jurors and witnesses and each of the jurors’ daily pay of $10 among other fees for phone calls.

The Whitman County prosecutor’s office could not immediately give KREM 2 News a total of the costs but said it paid for expert witness testimonies and transcriptions. Hotel fees for prosecutors will have to be paid in the third trial.

KREM 2 News is told the previous trials including Frank Lazcano’s trial has cost the Whitman County Court more than $20,000.