Judge oversees out of county infant-manslaughter case

Editors Note: Visiting a good friend of mine, Superior Court Judge Gary Libey, is always a treat. I sit in on several of his hearings and most recently sat down to discuss a previous case I have covered on BTE- the Mills-Jay Infant Manslaughter Case.

Whitman County Superior Court Judge Gary Libey is a regular volunteer judge for several other counties in Washington State, including Adams, Lincoln, Asotin-Garfield-Columbia, Benton-Franklin County and Spokane.

Libey has covered cases of any variety when needed. From helicopter cases, divorce cases and first-degree murder cases, Libey is willing to help out neighboring counties in Washington State. Most recently, Gary Libey is set to oversee a first-degree manslaughter case out of Lincoln County this fall.

The trial begins at 10:30 a.m., Wednesday, September 6, in Lincoln County Superior Court.

The man charged, a Reardan local, pleaded not guilty to the death of a baby that may or may not be his child.

During a Tuesday, July 11, hearing, Jordan Mills-Jay, 30, of Reardan and Spokane, pleaded not guilty to charges of first-degree reckless manslaughter and second-degree murder.

Visiting Judge Gary Libey presided over the initial hearing via Zoom.

“Back in the day before Zoom, it was really inconvenient because I had to be there for a 15 to 20-minute hearing but had to drive a hundred miles each way. I am glad to go if they need me to and I can move cases around. We can make it work. It’s far more convenient with Zoom,” said Libey. “Since Zoom has been invented, I just keep doing it. If it’s a motion on affidavits or legal issues, it’s far more economical for me to stay here and meet on Zoom in court.”

Mills-Jay was charged after medical officials allegedly found evidence of child abuse that caused the death of 5-month-old “Zander,” court records show.

If found guilty, Mills-Jay could face life imprisonment and or a $50,000 fine with restitution and assessments by a grand jury.

In court, Brooke Hagara, Mills-Jay’s attorney, said she expects the trial to last 4-5 days.

On July 7, Hagara requested a new judge preside over the case because she didn’t believe Mills-Jay could get a fair trial with Lincoln County Superior Court Jeffrey S. Barkdull presiding.

Court records show Mills-Jay was arrested Monday, June 26, five days after the child died in a Spokane hospital.

Medical records show Zander arrived at the Pediatric Intensive Care Unit with subdural hemorrhage, bruising and abusive head trauma injuries.

He was treated for seizures and acute respiratory failure before he died from his injuries at 12:40 a.m. Wednesday, June 21, records show.

Several examinations were conducted on Zander, and records show that Dr. Kari Jones of Sacred Heart Medical Center found Zander’s injuries could only be caused by a violent, strong force.

Mills-Jay is the listed father on Zander’s birth certificate. However, records show that another man may have fathered the infant and his twin sister.

From his time spent in various places to oversee cases of any kind, Libey adds that he often travels with his wife, Trudy, even surviving a snowstorm together on the roadway to get to a hearing over a hundred miles away.

With Zoom, Libey credits the software to have made volunteering even more manageable.

“I do have Lincoln County and Adams County cases on Zoom. They need a judge, and I have time to do it,” he said.

Libey stated he started volunteering when elected and remembered serving as the temporary presiding judge in Asotin County.

“I was in Asotin County when the judge was on leave before he was convicted of crimes. I have actually had many cases in Asotin County lately for one reason or another,” he said. “I had a seven-day civil trial in Asotin about two years ago with a helicopter crash case. That was a seven-day jury trial and that’s 60 miles each way.”

He explained that he doesn’t see volunteering for other counties as a burden.

“There are 39 counties in Washington State. I like doing it because you learn something new about different courtrooms and maybe think about doing things differently here. It’s a good way to meet new people, and it’s a good thing to go out and see how people do things,” he said.

Libey credits Lincoln County and Columbia as the most beautiful courthouses he prefers to visit.

“Columbia is always nice. They are both beautifully restored courthouses. The Columbia one in Dayton even has a balcony for people to sit in. But the Lincoln County Courthouse is in a really fine state,” he added.