Judge allows upgraded murder charge in Burkheimer slaying

EVERETT -- The alleged leader of a gang that called itself the "Northwest Mafia" will face stiffer charges in the killing of Rachel Burkheimer, based on new accusations that he ordered the killing of the 18-year-old Marysville woman.

A judge yesterday allowed charges against Yusef "Kevin" Jihad, 33, to be upgraded to include aggravated murder, which will carry a penalty of life in prison without parole if he is convicted.

Prosecutors argued that information provided by co-defendant Jeffrey Barth warranted the more serious charge. Last week Barth pleaded guilty to a reduced charge of kidnapping in exchange for his testimony.

Under the original charges, Jihad would have faced a minimum of 25 years in prison.

"This man ordered a murder of a young girl," deputy prosecutor Michael Downes said yesterday. "She weighed less than 100 pounds, and these seven big guys had to gang up on her to kill her, and he should go to trial on that because he ordered that."

Prosecutors have alleged that Burkheimer was bound and beaten in a south Everett duplex owned by Jihad's girlfriend and then stuffed in a duffel bag, driven to the woods and shot by her ex-boyfriend, John "Diggy" Anderson.

Jihad did not accompany Anderson and three others to the remote spot outside Gold Bar where Burkheimer was killed in September 2002.

Eight people, some of whom were allegedly involved in a burgeoning criminal gang that committed two-bit robberies and drug deals, have been charged in her kidnapping and death. Five have already pleaded guilty.

Some members of the so-called Northwest Mafia believed that Burkheimer was giving information about them to rival drug dealers and other enemies, according to witness statements

After accepting his plea deal, Barth told prosecutors that Jihad told Anderson to have Burkheimer brought to the duplex to scare her but that things "went south" when Anderson jumped her and taped her up in the garage, according to court documents.

Jihad was upset about evidence in his house and worried that Burkheimer would go to police if freed, according to Barth. Jihad allegedly told Anderson that "he started this in his house and he had to finish it," documents say.

Prosecutors argued yesterday that this was understood by other members of the group to mean that Burkheimer should be killed. They also said that the mafia members had previously discussed a structure for authorization to perform criminal acts and that only Jihad could authorize a killing.

But Jihad's defense attorney Mickey Krom, who opposed the aggravated murder charge, argued that Barth is a liar and a braggart who told prosecutors whatever they wanted to hear to get a favorable deal.

Krom also said that the statements Jihad supposedly made are "wildly open to speculation about what they meant" and that Barth had already begun to backpedal on some of the information he disclosed.

In allowing the upgraded charges to stand, Snohomish County Superior Court Judge James Allendoerfer said yesterday that he would leave it to a jury to determine whether Barth's 11th-hour revelations are credible.

He also discounted arguments that the new information would leave the defense unable to adequately prepare for Jihad's trial, which is set to begin March 8.

Trials for Anderson and John "Whit" Whitaker, who was allegedly present when Burkheimer was shot, are scheduled to follow later this spring. Both men have already been charged with aggravated murder and face sentences of life in prison without parole.

P-I reporter Jennifer Langston can be reached at 425-252-5235 or jenniferlangston@seattlepi.com

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