Hart sentenced to life in Rocha murder

Denver J. Hart, 47, of Post Falls, received two life sentences on Nov. 21 for the murder of his stepfather, Michael Rocha, and for a lewd and lascivious conduct with a minor charge out of Kootenai County.

Hart pled guilty on May 5 to both charges and will serve 10 years fixed — 20 years total — with a max of life in each case, running consecutively.

Hart was formally charged with felony second degree murder by the Boundary County Sheriff’s Office after Rocha’s remains had been discovered at a residence in the Deep Creek area, according to reports.

Rocha, 58, went missing Nov. 8, 2015 after he reached out to law enforcement, stating that his stepson was trying to kill him. Dispatch did not hear the location of the residence and so law enforcement officers were not dispatched, according to reports.

BCSO obtained a search warrant on Nov. 20, 2015 and discovered Rocha’s remains in a burn pit on the property.

BCSO reportedly served Hart while he was being held in the Kootenai County jail on the lewd and lascivious charge that involved the rape of an autistic minor.

According to Boundary County Prosecuting Attorney Tevis Hull, during the course of Hart’s legal battle he admitted to suffocating his child in Toledo, Ore. Hull said that to his knowledge, Toledo had not filed a case against Hart, and believed that they were waiting to “hear what this court is doing.”

Defense attorney Michael Waldrup objected, stating that the court should not consider the alleged crime in Oregon. Waldrup asked the court to consider six years fixed and eight indeterminate, not to exceed 14 years, due to the fact that Hart has had a year of sobriety, is on proper medications, and “is trying to do the right thing by confessing and turning himself in.”

Waldrup held that Hart admitted to shooting Rocha, but that it was an accident.

Hart also testified as a witness for the state during the Shane Kraly trial that took place on Nov. 17. Kraly, who was found guilty of rape, injury to child and felony possession of a controlled substance (methamphetamines), and who awaits sentencing on Jan. 19, reportedly confided in Hart regarding his case while they shared a cell together in the Boundary County jail.

Waldrup said Hart did not receive any leniency from the state in exchange for his testimony against Kraly, and that he was just trying to do the right thing. Waldrup said that Hart was trying to clear his conscience, and that he believes Hart, with the proper treatment, could someday be a productive member of society.

District Court Judge Barbara Buchanan disagreed. Buchanan said that although Hart appears to be a different person now, and has appeared to show a conscience, he is still “responsible for the death of two human beings and took advantage of a vulnerable girl.”

Buchanan said Hart has demonstrated a “reckless disregard for human life.”

“Rocha tried to call for help, you burned his body and tried to hide the crime,” Buchanan said. “[You] Didn’t take responsibility until you were trapped,” she added.

Hart received credit for time served, with 361 days in the Kootenai County case and 269 days in Boundary County.