Following news that Dylan Redwine’s father Mark has been charged with second-degree murder five years after his son’s death, many people are asking the same question: Why did it take so long to arrest him in connection with the killing?
Related: Dylan Redwine’s Father, Mark Redwine, Arrested For His Murder
Todd Risberg, then the district attorney in LaPlata County, said that the delay occurred because the DA was not sure that there was enough evidence to file charges. “The prosecutor’s decision-making process begins and ends with our ethical obligation: Do we have a reasonable belief that we can obtain a conviction in a case?” Denver’s assistant district attorney Ryan Brackley told 9NEWS.
“But in a cold case, there is always that crossroads where we ask ourselves, do we want to take that shot now? Are we ready to take that shot? Will the case ever get better?”
Here’s what we know so far:
The circumstantial evidence
The La Plata County Sheriff’s Department issued a statement following Dylan’s disappearance in which they stated that the investigation had been “frustrating … because of the total lack of clues left behind.”
In the beginning of the investigation, detectives had no body and no murder weapon —- which can often make homicide cases more complicated to prosecute. But now, according to legal experts, the circumstantial case is strong, primarily due to the forensic evidence found in Mark’s cabin.
During the investigation, DNA testing located Dylan’s blood in multiple locations in his father’s living room – on the couch, a love seat, the floor, the corner of a coffee table, and beneath the carpet.
Related: The Murder Of 13-Year-Old Dylan Redwine: Did Dad Do It?
A cadaver dog detected the scent of a human body in the same room, around the washing machine, on Mark’s clothing, and in his pickup truck. Prosecutors say that this points to a violent struggle in the home.
Another piece of circumstantial evidence mentioned in the indictment was an odd conversation that Dylan Redwine’s half-brother supposedly had with Mark after prosecutors found some of Dylan’s remains. According to the paperwork, Mark mentioned blunt-force trauma to Dylan’s half-brother multiple times and said investigators would need to find the skull to determine how Dylan died.
The “compromising” photos
Another piece of the puzzle in a murder investigation is determining motive.
It has been widely reported that Dylan did not want to go to his father’s cabin, and that the teen’s stay with his father was a court-ordered Thanksgiving visit. Mark and Elaine Hall, his ex-wife and Dylan’s mom, had gone through a long and contentious divorce battle with harsh accusations on both sides.
The indictment describes “compromising” photographs of Mark Redwine that his son found. According to Hall, the photos disturbed Dylan and were a point of conflict between the teen and his dad. Colorado news team 9Wants to Know confirmed that the pictures showed an adult Mark Redwine wearing a diaper and eating feces.
Related: Suspect Nearly Chokes To Death After Eating His Own Poop, Spewing It At Cops
The charge
Another factor that prosecutors must consider is the severity of the murder charge they level against the defendant.
According to Colorado law, a person commits the crime of murder in the second degree if the person knowingly causes the death of another person. This distinguishes second-degree murder from the crime of manslaughter, which requires only that you act recklessly, or from first-degree murder, which requires premeditation.
Penalties can include up to 48 years in prison, and a fine of up to $1 million. But there are a number of potential defenses to second-degree murder charges, including accidental killing, self-defense, police misconduct diminished capacity, and insanity.
In addition, penalties can be reduced if “the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person.”
Related: Cold Case Update: New Developments In The Death Of Dylan Redwine
Determining time of death could be crucial in this case since if there is “cooling-off” period between the provocation and the response, it’s less likely that the killing was committed in the heat of passion.
However, there is no set time for this period, since according to Colorado law “it depends on the emotional state of the offender and, in particular, upon the surrounding circumstances of the case.”
The murder weapon
According to the indictment, in June 2013, some of Dylan’s remains were found in the woods a few miles from his father’s house. In November 2015, his skull was found by a group of hikers just over a mile from where the rest of his remains were discovered.
According court papers, forensic anthropologists found “two small markings consistent with two marks from a knife” on the skull that were not caused by an animal or natural cause.
In 2014, Mark was taken to a hospital and multiple guns were found in his truck, but the murder weapon has reportedly never been found.
Lack of witnesses
There do not appear to have been any direct witnesses to Dylan’s death, so prosecutors have focused on other types of evidence, and on building a timeline of events.
Related: Thanksgiving Cold Case: Who Killed 13-Year-Old Dylan Redwine
The Denver Post reported that several witnesses testified that Dylan had not wanted to visit his father, according to the indictment, and that text messages recovered by investigators indicated that Dylan wanted to stay with a friend for the night after he arrived, but his father refused.
Dylan made plans via text to visit a friend’s house at 6:30 A.M. the next morning, but never arrived. He sent the friend a text at 9:37 P.M., which was the last time that anyone ever heard from him.
When Mark and Elaine Hall appeared on Dr. Phil, Hall told the talk-show host that, in her opinion, this would have been an uncharacteristically early hour for her teen son to stop texting. The next day, according to court documents, the friend sent him a “where are you” message, but got no response.
At 2 A.M., Mark’s neighbor said she noticed that his exterior front porch light was still on. In the morning, when it was still dark outside, she said it was off.
Mark — who has always denied any involvement in his son’s death — claimed he left Dylan at home alone while he ran errands that morning, and returned to find him gone. He also explained that he was not concerned about his son due to the fact that he knew Dylan wanted to spend time with friends.
Read more:
Main photos: Mark Redwine [La Plata County Sheriff’s Office]
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