Clark County, Washington

From the Clark County Columbian of October 5, 2006

Loveless exonerated in CB shooting

Jon W. Loveless was exonerated Thursday on charges of second-degree murder and was to be released from the Clark County Jail.

On a one-page order, Senior Deputy Prosecutor John Fairgrieve said further investigation was necessary into the Sept. 30 shooting at Westfield Vancouver mall.

Prosecutors reserve the right to refile charges.

Loveless' court-appointed attorney, Therese Lavallee, was headed into the Clark County Jail about 9:30 a.m. Thursday, shortly after a judge had signed the order. She said Loveless will be released after his paperwork is processed.

Loveless, 44, told investigators he shot Kenneth P. Eichhorn, 47, in self-defense after Eichhorn refused to drop his gun.

The two men had agreed to meet at 1:30 a.m. in a parking lot after an exchange over citizens band radio.

According to court records, Loveless said he thought the meeting was in reference to a piece of radio equipment. When he pulled his truck up next to Eichhorn's truck, however, he saw Eichhorn had a gun pointed at him.

After the shooting, Loveless left and went home, then called 911 and turned himself in.

On Wednesday, Fairgrieve indicated he had yet to see evidence that would support a second-degree murder charge. He said the standards police use to arrest a suspect are lower than what prosecutors use to file charges, and by law charges against a person in custody must be filed within 72 hours of the suspect's first court appearance.