Judge excludes Bend man’s statements from trial in slaying of woman

Published 5:30 am Tuesday, October 31, 2023

A man suspected of murdering a woman in Bend told police in an interview that he hit her in the head before her death, according to court records.

But Judge Annette C. Hillman, the presiding judge in Crook and Jefferson counties, ruled earlier this month that the comments from defendant Randall Kilby, 38, about victim Daphne Banks, 43, cannot be heard by a jury because he should have had an attorney present at the time.

Hillman wrote in an Oct. 20 opinion that Bend Police violated Kilby’s constitutional right to legal counsel during an interview after police found the bodies of brothers-in-law Jeffrey “Jeff” Taylor, 66, and Benjamin “Benny” Taylor, 69, at a suspected crime scene in Bend. She ruled that statements about Banks were inadmissible.

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However, she also ruled that statements Kilby made to police that day about the Taylor brothers-in-law could be presented to a jury.

“It’s a significant ruling, and so we’re assessing our next steps regarding that case,” Deschutes County District Attorney Steve Gunnels told The Bulletin on Monday.

Kilby is facing charges of murder in the deaths of three people in December 2020 and March 2021.

He has been accused of fatally attacking his friend Banks on Christmas morning in 2020. Kilby was arrested and then released as police continued to investigate. Banks was hospitalized with a serious head injury and died Jan. 10, 2021.

But after Banks was hospitalized, Kilby’s attorney, Michelle McIver, told Bend Police that her client would no longer be making statements about this case without a lawyer present, accordion to court records.

Police found the bodies of the Taylors on March 21, 2021, in the home they shared with Kilby, authorities say. Kilby has been charged with their murders. Prosecutors allege they were killed with a hatchet.

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That same day, Bend Police arrested Kilby, and Sgt. Whitney M. Dickson interviewed him in custody, according to court records. She later testified that she did not intend to ask questions about Banks, noting that she was aware of his attorney’s demands.

In her interview, she repeatedly attempted to redirect Kilby from talking about Banks to talking about what happened to the Taylors.

“You gotta hear my side,” Kilby said, according to court records.

“I want to,” Dickson said.

“With Daphne’s deal,” Kilby said.

“But — but what I know and I don’t — I don’t even want to go into that because I know that’s not your fault. Daphne wasn’t your fault. But I’m worried that you’re going to be portrayed in that same way again,” Dickson said, referring to the Taylors.

“I know but it’s not … “ Kilby said.

“Because people are gonna think,” Dickson said.

“It’s not my fault,” Kilby said.

Then Kilby began “making statements about what happened to the Taylors,” according to court records. But when Kilby brought up Banks, Bend Police Sgt. James Kinsella asked, “Are you talking about Daphne?”

The officer then asked, “Is there anything else that you think that you would or need to take ownership for other than like what we’re talking about with Jeff and Ben.”

The document states: “At which point (Kilby) makes statements about hitting Daphne in the head and officers continue with questions directly about the death of Daphne Banks.”

Defense attorneys argued in recent months that Kilby’s statements about Banks were taken by Bend Police in violation of his constitutional right to legal counsel. Neither of Kilby’s defense attorneys returned a phone call from The Bulletin on Monday.

Prosecutors from the Deschutes County District Attorney’s Office argued Kilby had yet to be formally charged at the time that he made the statements, and therefore the right to legal counsel could not be invoked.

Kilby’s trial in the deaths of the Taylors is scheduled for Dec. 5.

“We’re anticipating that the trial will go forward as scheduled,” Gunnels said.