Salcha Man Gets 50-Year Sentence in 'Execution-Style' Murder of Landlord

The sentence was the maximum under a plea agreement for Joshua Whiting, 33, who killed David “Davey” McEachern in late 2009.

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By Fairbanks Daily News-Miner

Story Created: Sep 17, 2011 at 9:07 PM AKDT

Story Updated: Sep 17, 2011 at 9:07 PM AKDT

FAIRBANKS - A Salcha man was sentenced Friday to serve 50 years for what a judge called an “execution style” killing of a man who had befriended him and had been his landlord.

The sentence was the maximum under a plea agreement for Joshua Whiting, 33, who killed David “Davey” McEachern in late 2009.

Superior Court Judge Michael MacDonald said Whiting needed a long prison term because his crime resembled first-degree murder even though he had pleaded guilty to the lesser crime of second-degree murder.

MacDonald ruled with prosecutors that McEachern was most likely lying in bed when he was shot, not standing.

He called Whiting’s defense that McEachern might have provoked the attack “inconsistent, self-serving and contradicted by the physical evidence.”

McEachern was found dead with a bullet wound in the back of his head in his cabin off Tom Bear Trail on Dec. 9, 2009. Whiting initially denied involvement in the crime but he later confessed killing him and washing his hands with Ajax to clean off the gun residue in a conversation with an ex-girlfriend recorded by Alaska State Troopers.

McEachern’s wife attended the hearing telephonically, and about a half-dozen people spoke about decades-long friendships with McEachern. Many had gathered in Salcha this spring to write MacDonald to ask him not to accept the second-degree murder plea to what they felt strongly was first-degree murder.

McEachern’s supporters reacted angrily when Whiting’s defense attorney Michael Biderman argued McEachern made statements admitting to molesting children on the night he was killed. Whiting said this was his motive for killing him when he first confessed. Friends of McEachern all said McEachern frequently worked with children and was always a good influence.

Whiting mentioned this justification in his own statement before sentencing. “I’m sorry, I didn’t mean to hurt anyone. I freaked out,” he said. He then said something about “messing with my kids” that was difficult to understand because it was choked in sobs.

Assistant District Attorney Scott Mattern called Whiting’s account of the murder a projection of his own crimes onto the victim.

In California, Whiting pleaded guilty to unlawful sex with a minor for having sex with a 16-year-old girl and was convicted three times of domestic violence, including a felony assault conviction in 2007, also in California, Mattern said.

In one area where MacDonald ruled in Whiting’s favor, he said Whiting will not have to undergo sex offender treatment. He will have to take a psychological examination that could require him meet probation conditions associated with sex offenders such as not being in contact with minors under 16 years old.

MacDonald did not grant the defense’s request for a court order to keep him an Alaska jail. But he will remain in the state until early next year for a restitution hearing. McEachern’s wife has requested $500,000 in restitution.

In addition to the 50 years, MacDonald imposed 44 years of suspended time Whiting would have to serve if he violates court orders after his release, the maximum suspended time under the plea agreement. Whiting will become eligible for parole when we completes one-third of his sentence.

Contact staff writer Sam Friedman at 459-7545.

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Anonymous said on Saturday, Sep 17 at 9:42 PM

He should have been linched in front of the court house

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Wes said on Saturday, Sep 17 at 10:15 PM

This guy will be eligible for parole at 50? There is something wrong with this picture. I know lots of people at 50 who are out and out criminals: They hurt people. The maximum sentence for second degree murder is 99 years. Even had the judge given this convict that, he could get out at 66. I cringe at the thought!

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WHERE HAS JUSTICE GONE? said on Sunday, Sep 18 at 6:32 AM

This dirt bag killed premeditated, and he should get life.Our laws are a joke. Get a low life attorney who cares nothing about REAL truth and JUSTICE and you get dirt bags off. He probably won't even do the entire sentence.Citizens should get the death penalty back on the ballot for voting next election. Criminals get ALL the breaks, victims get zero!

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