Three months after the Christmas Day shooting death of 18-year-old Stefanie Comack, her grieving father says he will stop at nothing to get justice for his daughter.
Jim Comack is accusing the Benewah County Prosecutor of trying to avoid a murder trial in St. Maries, and says if Joseph Herrera doesn't go to prison for life he will take care of Herrera himself.
Stefanie was shot in the head on Christmas morning. Her boyfriend at the time, 28-year-old Herrera, says he was unloading the gun when it fired.
Jim Comack can barely talk about that day, let alone talk about his daughter.
“I miss her every day,” Comack said as he began to cry.
Comack came to KXLY because he's convinced his daughter's alleged killer won't go to trial and will plead out instead. To him, that's not justice.
“Doug Payne's statement to my family is, he has to settle because the county commissioners say it costs too much to run a murder trial,” Comack said.
Payne, The Benewah County Prosecutor, says there is no truth to those accusations and that no plea deal is in the works for Herrera.
“Mr. Comack will be consulted himself should he choose to have any input, should any plea negotiations every occur in that case, there are none, contrary to whatever he might think,” Payne said.
“He'll probably deny it,” Comack shot back. “He's working a deal with the defense right now that if Joe Herrera gives up dope dealers in town, you know, and he drops it down to manslaughter, four years, he'll be out in 22 months on good behavior.”
“That would simply be off the table, there's no way a plea deal would be considered based on cooperation in a murder case,” Payne responded.
Payne's word isn't enough for Comack, who watched his daughter slip away on Christmas morning.
“I held her hand until she passed and I made her a promise, I made her a promise between me and her that she passed, and one day Joe Herrera, you guys, you wanna play around? On day... you Joe and me will sit down and I'm going to show you that promise,” Comack said.
Herrera will be back in court on April 13th for his arraignment and Payne says he intends to move forward with Second Degree Murder charges.
Meantime, Comack says he's running for Sheriff in Benewah County as an Independent write-in. Comack says he's running for Sheriff to clean up what he calls corruption in the county.