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The Sherry Arnold case

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Big Muddy rancher

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I don't know if any of you have been following the case of the school teacher that went missing in early January from Sidney MT but I was wondering they have two men in custody in Williston Nd. One was picked up in Rapid City SD at taken to Williston. Now they are fighting extradition to Montana.
How could they just arrest the man and take him to North Dakota and why wouldn't he be taken to Montana in the first place where the crime was committed? Why don't the states just have agreements or extradition treaties that criminals can't hide out in another state?
 
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Anonymous

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Big Muddy rancher said:
I don't know if any of you have been following the case of the school teacher that went missing in early January from Sidney MT but I was wondering they have two men in custody in Williston Nd. One was picked up in Rapid City SD at taken to Williston. Now they are fighting extradition to Montana.
How could they just arrest the man and take him to North Dakota and why wouldn't he be taken to Montana in the first place where the crime was committed? Why don't the states just have agreements or extradition treaties that criminals can't hide out in another state?

Why its being handled the way it is is unknown to me as I don't know the details...But the FBI/Federal Court does not have the extradition problems the State has...And when the kid was being questioned in SD- they kept saying he was not under arrest...
My own belief was that he was cooperating somewhat with authorities and spilling the beans on what happened and voluntarily accompanied the FBI back to Williston- where he eventually had the MT state charges filed on him...

But once the state charges were brought- then the defendent has the right to waive extradition- or fight extradition back to the state charging them...

The extradition hearing is mostly a procedural hearing to prove that the person being extradited is the person named on the warrant- and that warrant from the Montana Governor to the ND Governor is legitimate...Over the years I've been involved in extraditing several from Williams County ND...

Some times when it can be proven a wanted person fled the jurisdiction of the state- they get the Feds to file a UFAP charge (Unlawful Flight to Avoid Prosecution) and when arrested on that Federal Charge can avoid all the extradition proceedings- and once returned back in the state that wants him they usually drop the charge and let the State charge take over....This is used quite a bit with child custody abductions...
 
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Anonymous

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Governor Schweitzer Signs Extradition Papers In Missing Sidney Teacher Case


Monday, February 6th 2012
BILLINGS, Mont. (AP) — Montana's governor is requesting the extradition of two suspects being held in North Dakota to face charges in the kidnapping of Sidney teacher Sherry Arnold.

Monday's request from Gov. Brian Schweitzer comes as federal and state authorities continue their search for Arnold. She went missing during a morning run on Jan. 7 and is presumed dead.

Forty-seven-year-old Lester Waters Jr. and 22-year-old Michael Spell were arrested a week later and are detained on bonds of $2.5 million each. They face charges of aggravated kidnapping — a crime that can carry the death sentence in Montana.

An extradition hearing is scheduled for Feb. 14 in Williston, N.D.

Authorities have not revealed any motive in the case. The suspects came to the region from Colorado, although Waters is originally from Florida.
 
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Anonymous

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NEW: Suspects in Sherry Arnold case to appear in MT court at Noon

Posted: Feb 14, 2012 8:04 AM by Amanda Venegas
Updated: Feb 14, 2012 10:40 AM



NEW: Two Colorado men accused of kidnapping and possibly killing Sidney teacher Sherry Arnold are set to appear in a courtroom in Sidney at noon. Lester Waters Jr., 47, and Michael Spell, 22, will make an initial appearance in city court. The men are each facing a felony charge of aggravated kidnapping.


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WILLISTON, N.D. - Two Colorado men accused of kidnapping and possibly killing Montana teacher Sherry Arnold have been ordered to return to Montana to face charges.

Tuesday morning, Lester Waters Jr., 47, and Michael Spell, 22, appeared in Williams County District Court for a formal extradition hearing. District Judge David Nelson granted the motion to extradite Waters and Spell to Montana after verifying that the men are the suspects in the case. The judge ordered that both men be transported today from North Dakota to Montana.

Just last week, Montana Gov. Brian Schweitzer signed an extradition warrant for the two men, requesting they be brought back to Montana. North Dakota Gov. Jack Dalrymple signed the warrants, authorizing the extradition.

In court, the suspects showed no emotion as arguments were heard. Tuesday's hearing uncovered no new information in the case. Waters' and Spell's attorneys tried to argue that Montana authorities did not have a probable cause in its arrest warrants and there was not evidence linking them to the crime. The North Dakota State Attorney said it was not for the state of North Dakota to question the cause, but to verify the men are the suspects in the case and return them to Montana.

The suspects have been in the Williams County Detention Center since Jan. 13. They are being held on a $2.5 million bond each.

In January, authorities took Waters into custody in Williams County and Spell was originally detained for questioning in Rapid City, South Dakota and returned to Williams County.

Waters and Spell face felony aggravated kidnapping charges in Montana for the kidnapping of Arnold. Court documents state on or about Jan.7, the men kidnapped Arnold along the Truck Route in Sidney. If found guilty, they could face the death penalty or life imprisonment.

Authorities have not recovered the body of the missing teacher. Her body is believed to be buried somewhere in extreme northeast Montana or northwest North Dakota. If her body is found in another state, the case would then become a federal case for crossing state lines.

It is possible a little more info could come out at the noon arraignment- but I doubt much...Probably won't learn much more until if they ask for a probable cause hearing- or it goes to trial .....
 

Big Muddy rancher

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I saw that this morning. Sure not much information out there. I check every couple of days and nothing new. I wish they could find the body for the families sake at least.
 
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Anonymous

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Court document: suspect confessed to killing Sherry Arnold

Posted: Feb 17, 2012 5:47 PM by KTVQ (Billings)
Updated: Feb 17, 2012 7:08 PM



Montana's News Station has received documents from the Richland County Attorney's office that detail the investigation into the disappearance of Sidney school teacher Sherry Arnold.

The documents reveal that Michael Spell, 22, confessed to investigating agents that he and Lester Waters, Jr., 47, abducted Sherry Arnold while she was jogging, and that Waters killed Arnold by strangling her.

The status of the Arnold investigation has not changed; Sherry Arnold's body has not yet been found.

Arnold's family and law enforcement believe that she was killed shortly after she disappeared during a morning run on January 7th, triggering a multi-state search that ultimately resulted in the arrest of Spell and Waters.

Here is a portion of the court document:

On January 11, 20l2, a tipster reported to law enforcement that Angel Cruz (female) said her boyfriend, Michael Spell, was stranded in North Dakota and was attempting to obtain money to get a bus ticket home. Cruz lives with Spell' s parents in Parachute, Colorado. The tipster advised that Spell and another male, Lester Waters, left Parachute on Wednesday, January 4, 2012, to look for work in the oil fields around Williston, North Dakota, near the Montana border. Cruz said that the two were driving a green Ford Explorer.

Cruz advised Spell told her that he and Waters were high on drugs and driving around when they picked up a lady walking along the road, killed her, and then buried her. Spell said he was scared of Waters and had gotten away from him, but was now stranded. Cruz said Spell's father also knew Spell was talking about his involvement in the kidnapping/homicide of a female.

During the early morning hours of January 13, 2012, FBI Special Agents from the Rapid City Resident Agency FBI located and interviewed Spell. Spell confessed to the investigating agents that he and Waters abducted Sherry Arnold while she was jogging and killed her. Spell expressed his desire to help investigators locate Sherry Arnold''s burial site and body. Spell said he and Waters left Parachute, Colorado, two or three days before Sherry Arnold was abducted. Spell said Waters was smoking crack cocaine during the entire trip. Spell said Waters told him crack cocaine brought "the devil" out in him and he (Waters) was capable of doing anything while using crack cocaine. Spell said Waters began talking about kidnapping and killing a female.

Spell said Waters was driving through a town when they observed a female running along the road. Spell said Waters identified the female as a person to kidnap. Waters drove down the road where the female was jogging and turned around and parked on the side of the road as the female approached. Spell said Waters told him to grab the lady and pull her into the Explorer as she jogged by the vehicle. Spell said the female was jogging on a trail running along the top of an embankment.

Spell said he got out of the Explorer and grabbed the female and forced her into the vehicle. Spell said the female struggled and her shoe fell off. Spell said Waters was mad because the shoe was lost. Waters threw Spell's knit hat with tassels into the large ditch as punishment. During the investigation, investigators recovered a knit hat with tassels from the large ditch beside the embankment near where Arnold's shoe was found.

Spell said Waters got into the back seat with the female and "choked her out." Spell said Waters then had Spell drive to a grocery store so Waters could obtain money from Western Union. Spell said he stayed in the Explorer with the female while Waters went inside the store.

According to the court document, Spell told authorities that Waters said he would kill Spell and his family if Spell ever told anyone what happened.

Spell confessed that the two men then apparently threw Arnold's clothing in a dumpster at Lonnie's Truck Stop across the street from Walmart in Williston.

Spell said he and Waters drove to a rural area outside of Williston and dropped off Sherry Arnold's body. The two then returned to Williston and purchased a shovel at Walmart. The two returned to the female's body, and Spell said Waters made him dig a hole two or three feet deep, and then they placed the her body in the hole. Spell said the grave site was at the end of a shelter belt on an old farmstead in a rural, isolated area outside of Williston.

Spell said he later observed missing persons posters depicting Sherry Arnold around Williston and began to feel remorse. Spell said he was afraid Waters would kill him. Spell said he called home and told family members what was happening. Spell said his mother encouraged him to go to Walmart and stay there, because Waters would not harm him while he was inside Walmart. Spell said he stole Waters' telephone and then began hitchiking until he got to Rapid City, South Dakota.

Evidence collected has been submitted to the federal crime lab for testing. Authorities are continuing to search for Sherry Arnold's body.
 

Trudster

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This is the mos disgusting story. It is too bad some true cowboys didn't happen along the way that morning, they could have shown Waters & Spell what the "wild" west is really all about!
 

Big Muddy rancher

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Trudster said:
This is the mos disgusting story. It is too bad some true cowboys didn't happen along the way that morning, they could have shown Waters & Spell what the "wild" west is really all about!

Ya that :!:

Also now it comes out they dumped the body and went back later that night to bury it. Bought a shovel in Williston and returned it after use. I bet the land owners around Williston would have been looking closer but the new said the FBI want land owners from Sindey and beyond to check their tree rows. Should have had the National guard out around Williston rural. :?

If they didn't know the area how did they find it the second time. :roll:
 

I Luv Herfrds

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BMR the LE did not want a ton of people to go trooping out in areas and maybe destroying evidence and p*ss off landowners by tresspassing.
 

Big Muddy rancher

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I Luv Herfrds said:
BMR the LE did not want a ton of people to go trooping out in areas and maybe destroying evidence and p*ss off landowners by tresspassing.

I'm sure the National Guard could have been coordinated not to tramp everything but still check tree rows not like a bunch of civilian l volunteers. I don't think many landowners that were ask would not allow a search. If some did get a warrant.
 
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Big Muddy rancher said:
I Luv Herfrds said:
BMR the LE did not want a ton of people to go trooping out in areas and maybe destroying evidence and p*ss off landowners by tresspassing.

I'm sure the National Guard could have been coordinated not to tramp everything but still check tree rows not like a bunch of civilian l volunteers. I don't think many landowners that were ask would not allow a search. If some did get a warrant.

You'd need probable cause to get a search warrant- and unless they specifically pointed out a site I don't know how you would get that...You just can't get broad shotgun warrants (altho I know years ago you could in Canada- administrative warrants that allowed you to do a secret search to see if you needed to get a search warrant- or allow you to get enough probable cause to get a warrant from a Judge)...

Hopefully when all the snow leaves- they will have a full effort to get landowners/renters to check all old farmsteads...
Knowing how the FBI's lab technicians work- I'm sure they have enough physical evidence collected from the cap and from the vehicle to get Waters on death row... I would imagine they will not go after the death penalty for Spell in exchange for his testimony.....
 

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This unprovoked senseless violence reminds me of an incident that occurred around here in 05. Two thugs traveling just through decided to stop just by chance and rob a house out in the country. They ended up killing a young women, and shooting another young lady (a mother of two little ones) 3 times.

It is a small town with a small hospital. Not knowing what had happened, I was unfortunate enough to end at the hospital at the same time to pay a bill at the ER. The lady that lived had just been brought in and I could hear her screaming and screaming. I'll never forget that. It was a sound that hits a cord deep in your soul and physically makes you want to throw up.
 

Big Muddy rancher

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Oldtimer said:
Big Muddy rancher said:
I Luv Herfrds said:
BMR the LE did not want a ton of people to go trooping out in areas and maybe destroying evidence and p*ss off landowners by tresspassing.

I'm sure the National Guard could have been coordinated not to tramp everything but still check tree rows not like a bunch of civilian l volunteers. I don't think many landowners that were ask would not allow a search. If some did get a warrant.

You'd need probable cause to get a search warrant- and unless they specifically pointed out a site I don't know how you would get that...You just can't get broad shotgun warrants (altho I know years ago you could in Canada- administrative warrants that allowed you to do a secret search to see if you needed to get a search warrant- or allow you to get enough probable cause to get a warrant from a Judge)...

Hopefully when all the snow leaves- they will have a full effort to get landowners/renters to check all old farmsteads...
Knowing how the FBI's lab technicians work- I'm sure they have enough physical evidence collected from the cap and from the vehicle to get Waters on death row... I would imagine they will not go after the death penalty for Spell in exchange for his testimony.....

All the snow? :???: The coyotes will have dug up and ate if they didn't get her deep enough and I don't know how they dug much of a hole with a Wal-mart shovel. I sure don't know many farmers or ranchers that would object if asked.
"The agency put out a call to property owners in far northeastern Montana and in the North Dakota counties of Williams, McKenzie, Mountrail and in southern Divide County. It asked that they check vacant farmsteads for signs of disturbed soil or matted grass, especially in areas with lines of mature or rotted trees that serve as windbreaks."

Quite the area if they new she was buried close to Williston. :?
 

I Luv Herfrds

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BMR they were not sure if she was buried in MT or ND and those 2 dope heads were only saying a row of trees in a windbreak at first. Also there was a storm coming in and they did not want a bunch of people out in it endangering themselves and others.
 

Big Muddy rancher

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I Luv Herfrds said:
BMR they were not sure if she was buried in MT or ND and those 2 dope heads were only saying a row of trees in a windbreak at first. Also there was a storm coming in and they did not want a bunch of people out in it endangering themselves and others.

Other then a few cold days we haven't had a "storm" all winter. Once they got this information out of Spell it should have been made public. 5 ND counties and North eastern Montana. :roll: They didn't even release the make and color of the vehicle so that someone might have remembered seeing it on a back road ect.
 

I Luv Herfrds

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Remember that saying back in WWII? Loose lips sink ships? well loose lips kill investigations too. Not sure but I am betting the LE were busy trying to figure out what happened and which way they went once they found her shoe.
 

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