Defense attorney investigates killing

Attorney Jacques DeKalb has launched an investigation into the alleged killing of a Bend man by his client, 17-year-old Stephen Withrow of Sisters.

Withrow is accused of beating 42-year-old Curtis Dean Kizer to death in Drake Park on the evening of Friday, April 16.

DeKalb told The Nugget that he has retained a pathologist to review the Kizer autopsy and is having his own expert review DNA evidence allegedly obtained by police in a search of Withrow's home.

"I'd like an expert to review the evidence just to tell us where we are," he said.

The attorney has also retained a psychologist to interview Withrow.

The Nugget asked if the involvement of the psychologist means the defense will argue that there are mitigating circumstances in the incident.

DeKalb said that such an argument "is a possibility that we would like to explore."

Withrow turns 18 on June 23, just days before he is to enter a plea in the case.

According to DeKalb, if a plea agreement is reached before Withrow's 18th birthday, "there is a likelihood of serving seven years of his sentence at the Oregon Youth Authority" instead of in an adult prison.

There is no plea deal on the table at this time, DeKalb said.

The attorney emphasized that the birthday is not a deadline and no plea decision has been made.

"It's not a driving factor because I will not make any decisions on the case until my investigation is complete," DeKalb said.

Withrow allegedly made statements to police (recounted in search warrant affidavits) to the effect that he had "only hit (Kizer) once" and "about going to jail for life" -- statements that seem to be an admission that Withrow did, in fact, assault Kizer.

DeKalb said, "at this point I need to verify that it (the statement) was made and that it is accurate."

Withrow is currently lodged in Deschutes County Jail.

"I think he's probably depressed at his circumstances -- as are most of my clients who are incarcerated," DeKalb said.

The attorney said Withrow is visited by his father.

DeKalb is a 30-year veteran attorney and has practiced in Bend for the past 15 years. He has tried 25 homicide cases in his career, either as a prosecutor or as a defender.

He has defended four homicide cases in the past 2-1/2 years.