Second-degree murder and arson case advances to district court

BONNERS FERRY — A second-degree murder and arson case is advancing to district court following a two-day preliminary hearing that concluded Tuesday. 

Shannon Perry Dabbs, 57, is facing a second-degree murder charge in connection with the death of his wife, Susan Marie Dabbs, and the arson of their home. 

In a statement, Dabbs claims that his wife had lit a piece of paper and threw it on a bed to start the fire before drawing a firearm on him. He claims he shot her in the stomach in self-defense before calling 911.

After the call, Shannon Dabbs said he returned to the house with a hose and fire extinguisher. He found Susan Dabbs, sitting up on her hands and knees, who shot at him again through the smoke. He said he returned fire, this time hitting her in the head. 

Susan Dabbs was found by first responders on the bedroom floor with a gun in her right hand and facing the door. 

The two-day preliminary hearing saw the prosecution and defense call on several different experts, including a toxicologist, fire investigators, law enforcement officials and death investigator. 

On Tuesday, defense experts testified with their main focus was providing scientific research on carbon monoxide and hydrogen cyanide found in Susan Dabbs’ blood during the autopsy, as a way to pinpoint when the woman died — before or after the fire. 

Hydrogen cyanide is a toxic gas that can be released when certain materials burn in a fire, such as plastic, vinyl, silk or wool. 

Sherry Kacinko, a toxicologist who conducted the toxicology report, said Susan Dabbs had low exposure to carbon monoxide poisoning which could be linked to low exposure prior to death or that she hadn’t been breathing during the time of the fire and therefore could not breath in the carbon monoxide.

She said the presence of hydrogen cyanide in Susan Dabbs toxicology report may be inaccurate as this gas deteriorates in blood over time even when stored. 

There was also testimony on why Dabbs had soot in his nose and Susan Dabbs didn’t and why he did not smell like smoke.

Law enforcement officers originally thought Dabbs had changed clothing, however the coveralls he wore had a blood stain on the knee, which turned out to be Susan Dabbs’ blood. 

John Lentini, a fire investigation consultant, said that it is possible depending on the height of smoke and air flow that Dabbs might not smell like smoke. However, he may have had soot in his nose due to moving around the scene. He added Susan Dabbs did not have soot in her nose due to being below the smoke line and because the fire hadn’t burned long enough for soot to form. 

Dr. Susan Marshall, a former surgeon and current death investigator at Plan B. Forensics said the gun shot to the stomach hit the diaphragm and a hole in the left lung. She said this shot would have been lethal within six hours, but that Susan Dabbs would have been able to have a “gutteral expression” like a scream. 

She said the shot to Susan Dabbs’ head was not survivable. Marshall contended the prosecution was looking at the case through a lens of confirmation bias.

In closing statements, Defense Attorney Joseph Richard Sullivan said eight bullets were recovered and Shannon Dabbs fired twice, but that doesn’t mean Susan Dabbs didn’t shoot at her husband. He also said it was hard to pin down the height of the smoke, saying the situation was a traumatic time for his client. The attorney also questioned the fire test by the ATF, saying it was not accurate since the fire extinguisher used was not the same and the placement of the flame was different then that used by Susan Dabbs.

Boundary County Prosecutor Andrakay Pluid said the defense wanted to have it both ways, with Dabbs having signs of soot in his nose, but not Susan Dabbs. 

Pluid said the only two issues in the case is the homicide and arson, whether Dabbs acted in self-defense and who started the fire had not been decided. 

It is common sense that when around fire, clothes smell like smoke, testimony otherwise is irrational, she said. The prosecution's use of the toxicology report is not used in isolation, rather as part of a complex puzzle. 

“The defense is attempting to have this case both ways, but not having soot on the victim, but having soot on the defendant,” she said. “If the victim is dead, she couldn't have started the fire. The defense's own expert said that in four feet of smoke he expects the victim to be dead.”

Magistrate Judge Justin W. Julian said there was a lot not in dispute in the case, such as Dabbs’ statement that he had shot Susan Dabbs, with the prosecution and defense disagreeing on the nature of the shooting.

Julian ruled that the state had met its burden of proof that it was more likely than not that Susan Dabbs had been shot and had died before the fire. 

The case advances to district court. Arraignment is scheduled for June 5 at 9 a.m. before District Judge Lamont C. Berecz.