LAS VEGAS (CN) - Jurors in the case of a Nevada woman accused of decapitating the father of her children won't hear evidence of child abuse in an unrelated incident.
Devyn Jade Michaels, also known as Tracee Nicole Tavarez, 47, had pleaded guilty last year to second-degree murder in the 2023 death of Jonathan Willette. However, Michaels recanted at her July sentencing, leading prosecutors to withdraw the plea agreement. That set the stage for Michaels to face a jury on a first-degree murder charge. Her trial is set to start Nov. 4.
On Monday, Eighth Judicial District Judge Tierra Jones ruled that jurors wouldn't hear information about Micheals' prior conviction on child abuse accusations - a conviction that happened only days after authorities claim she fatally struck Willette.
Jones said that information would prejudice jurors against Michaels and outweigh the evidentiary value it had. Fielding a question from Chief Deputy District Attorney John Giordani, the judge said she also wouldn't allow jurors to hear any accusations of child abuse against Willette.
Michaels made claims against Willette in police statements.
"Claims of abuse from both sides not coming in," Giordani said.
Additionally, Jones ruled that information from a specific police interview with Michaels also wouldn't reach jurors. However, prosecutors could request a hearing during the trial if they wanted the information revealed in open court.
Michaels' defense team argued in a motion that police pushed forward with that interview after she invoked her right to an attorney. Prosecutors said Michaels requested the interview and received a Miranda warning before speaking to officers.
In that interview, Michaels said she struck Willette with a stick. However, she said Willette was breathing when she left him and that she saw no blood. Also, she denied using ammonia to clean the area and repeatedly denied decapitating Willette.
Prosecutors argued in court documents that Michaels did, in fact, acknowledge in the interview that she disposed of the weapon and Willette's head. Giordani on Monday said it would be improper for anyone to suggest to jurors that authorities didn't know what happened to the head.
"Everyone knows she said what happened to it," Giordani said.
The prosecutor in court documents said Michaels and Willette planned to live and raise their children together at a Henderson home, despite their estrangement. Willette's mother last saw Michaels early Aug. 7, 2023, in her kitchen. Around 8 a.m. that day, she couldn't find her son after calling for him. Giving his room a closer search, she then discovered him in bed. She also spotted a large amount of blood.
Prosecutors said police responded to the scene. A strong chemical smell affected a detective, who felt burning in his chest. The detective also saw bottles of ammonia and bleach in a hallway.
Police identified Michaels as a suspect after speaking with Willette's mother, prosecutors noted.
Detectives interviewed Michaels a handful of times. At one point, they discovered a cellphone in a driveway with what appeared to be blood on it. Michaels said Willette must have left the phone during their move, prosecutors said.
They added that a search warrant on Michaels' home revealed Willette's wallet, ID, Social Security card and vehicle keys wrapped in layers of plastic bags.
Michaels took a polygraph test on Aug. 15, 2023, which she failed. After that test, Michaels told authorities that she hit Willette in the head with a blunt object - leading to her arrest, prosecutors said.
Michaels then asked for another interview with detectives and for a second polygraph test, prosecutors said.
It's that interview that Michaels said violated her Miranda rights, as she asked for an attorney at its start while detectives pushed forward with questioning her.
Source: Courthouse News Service
















