Although Brian Steven Smith was convicted last month in the torture and murder of two Alaska Native women, a group of Native activists say police and prosecutors have unfinished business.
They’ve called upon them to arrest Ian Calhoun, an Anchorage musician, who exchanged text and Facebook messages with Smith. So far, Calhoun has not been charged of any crime.
During the trial, prosecutor showed the jury a chain of texts to demonstrate how Smith had tried to get Calhoun to look at the body of Kathleen Henry, who Smith had killed in a midtown hotel on Sept. 4, 2019.
Before disposing of the 30-year-old woman’s body, Smith carried it under a tarp in his pick-up truck and drove out to Forsythe Park, a playground near Calhoun’s home on the Anchorage Hillside. In a text, he invited Calhoun to meet him there.
Calhoun is a drummer, 27, who plays death metal, a sub-genre of heavy metal. During a break in the trial, Smith’s wife told reporters Calhoun’s music is what brought the two men together.
Many of the protesters are advocates in the Missing and Murdered Indigenous People’s movement. On March 11, they started an online petition pushing police to charge Calhoun with breaking two laws -- failing to report a murder and hindering prosecution.
As of Wednesday, more than 1,800 people had signed the petition, which has begun to average about 200 new signatures a day.
The activists have also staged protests in downtown Anchorage in front of the Nesbett Court House, police headquarters and the Anchorage District Attorney’s office.
On Saturday, about 20 protesters lined up along Hillside Drive near Ian Calhoun’s home.
Cars honked in support as they held up signs that said, “Arrest Ian Calhoun now” and “This Neighbor is Complicit with Murder.”
Antonia Commack, a Native activist and blogger, is one of the main organizers of the protests.
“Is there a group of people out there,” she said, “that likes to look at the dead bodies of Alaska Native women?”
Commack says it’s important to speak out, because silence allows society to turn a blind eye to the dehumanization of Native women, who experience some of the highest rates of violence in the nation.
“We need to set a precedent with Ian (Calhoun) and have him arrested,” she said.
Commack says APD needs to investigate further into a Facebook message Calhoun allegedly sent to Smith, a month after Henry’s killing. She believes it reveals that Calhoun had knowledge of her murder.
The post included a link to a news story about the discovery of a body near some railroad tracks off the Seward Highway. Smith replied: “Oops.” And Calhoun responded: “As soon as I saw it, I knew I should send you a text.”
The remains were later identified as Henry’s.
Michael Livingston, a retired police officer, stood among the protestors, waving a large state flag. He says Calhoun’s alleged Facebook message raises questions about whether he should be charged with another crime, hindering prosecution.
“He was given an opportunity to testify, and we wish that he had, so that we could have heard what it was he witnessed,” Livingston said. “The evidence appears to indicate that he was not only aware of the crime, but rather than report the crime, he wanted to protect a now-convicted murderer.”
Calhoun did not testify in the trial because his attorney, Wally Tetlow, invoked Calhoun’s Fifth Amendment right not to incriminate himself. So far, Calhoun has not responded to requests for comment. His attorney has also declined to speak on his behalf.
Last week, Calhoun turned to the courts and sought a protective stalking order against Commack. In the petition, he complained that he was being slandered by the protests and wrote that the most recent one in front of his house would “embolden someone to attempt what they perceive as justice.”
But the court denied the request. Commack says the complaint is bogus, because she has never attempted to contact Calhoun or speak to him. Calhoun had another request for a protective order but apparently withdrew it.
The Anchorage District Attorney’s office has issued a statement in response to the protestors. It said it “appreciates the public’s concern surrounding the Brian Smith homicide case, and in particular, the perception that Ian Calhoun was complicit in Smith’s actions.” But it says, at this point, the state does not have proof beyond a reasonable doubt that Calhoun assisted Smith. Should new information come to light, the DA’s office says it might re-evaluate the case.
The Anchorage Police Department concurs and said in a statement that the DA’s office and police investigators thoroughly vetted the evidence and currently, the probable cause necessary to support criminal charges does not exist.
Protestors like Matthew Smith feel the justice system has once again failed Alaska Natives.
“Seems like in this state, you can do this thing and kind of get away with it,” he said. “Why is it that somebody like Ian Calhoun is walking free right now?”
Val Van Brocklin, a former state and federal prosecutor, says she understands the outrage the protesters feel.
“They carry a history on their backs, a centuries-old history,” she said.
Van Brocklin says the state laws for reporting violent crime and hindering prosecution aren’t very good tools for addressing the legal issues the protesters have raised in the Smith murder trial.
Van Brocklin says the statute for reporting violent crimes --such as murder, kidnapping and sexual assault -- is classified as a violation, a charge that carries less weight than a misdemeanor and no jail time. She says hindering prosecution is a Class C felony, but proving that charge, is very difficult.
Van Brocklin says there are times when something "seems so immoral, it should be criminal. But the prosecutor is limited by the law.”
The legislature, Van Brocklin says, can change the laws, a path the protesters could pursue.
For now, activists like Antonia Commack, hope their efforts will hold those accountable, who may know about violent crimes but do nothing. The protesters say it is a form of silent approval, which makes killers like Brian Smith feel safe in sharing their dark secrets with others.
During the trial prosecutors also revealed that Smith had confided in one other person about his crimes, a girlfriend named Alicia Youngblood, who went to police about what Smith had told her. Youngblood later died by suicide, and police did not connect Smith to the death of Kathleen Henry until a sex worker, who was living in a tent in the woods, turned over an SD card with footage of the killing.
After a search of Smith’s home, police found footage and images of Veronica Abouchuk’s murder on a cell phone. Abouchuk, 52, and Henry were both from remote Western Alaska communities and struggled with homelessness in Anchorage. Both were targeted by Smith, because of their vulnerabilities.
Smith’s attorney, Timothy Ayer, did not present a defense, and Smith did not testify. When the trial closed, Ayer said there wasn’t enough DNA evidence to support the case, but the jury reached a verdict in less than two hours and convicted Smith on all 14 counts. His sentencing is set for July. At that point, Smith’s defense is expected to announce whether or not he will seek an appeal.
