On June 8, 2010, Division Two of the Court of Appeals for the State of Washington affirmed the conviction of Taylor Tom Conley in the 2006 shooting of Longview resident Brian Swehla. 

A Cowlitz County jury found Conley guilty of aggravated murder in the first degree, and Conley was sentenced to a mandatory prison term of life without the possibility of early release.   Prosecutors presented evidence at trial that Conley and Ronald Weller-Childers entered the victim’s home by kicking in a door and attempted to rob the victim at gunpoint.  Conley then shot the victim in the head.  The victim’s body was later discovered in the home by his girlfriend.  

On appeal, Conley’s attorney argued that the trial court erred in not allowing defense counsel to admit a text message sent from the victim’s phone after his death and in giving the jury improper instructions.   Conley also argued that a testifying detective improperly commented on Conley’s right to remain silent and that the trial court should have given him a new trial after a juror purportedly saw Conley in handcuffs in a courthouse hallway.

The Court of Appeals denied each of these claims.

Cowlitz County Deputy Prosecuting Attorney David Phelan represented the State on appeal.  Attorney Susan Wilk represented Conley on appeal.   Appellate Judge J. Robin Hunt authored the Court’s opinion.

        For additional information please contact Michelle Shaffer, Chief Criminal Deputy, or Sue Baur, Elected Prosecuting Attorney, at (360) 577-3080.