Case 1:18-cr-02023-SAB

1
2
3
4
5
6

ECF No. 61

filed 04/05/19

PageID.150 Page 1 of 8

Joseph H. Harrington
United States Attorney
Eastern District of Washington
Thomas J. Hanlon
Assistant United States Attorney
402 E. Yakima Ave., Suite 210
Yakima, WA 98901
Telephone: (509) 454-4425

7

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

8
9
10
11

UNITED STATES OF AMERICA,

12
13

Plaintiff,
vs.

14
15

GEORGE SKYHAWK THOMPSON,

16

Defendant.

17

)
)
)
)
)
)
)
)
)
)

NO: 1:18-CR-02023-SAB-2

PLAINTIFF’S SENTENCING
MEMORANDUM

18
19
20

Plaintiff, United States of America, by and through Joseph H. Harrington,
United States Attorney for the Eastern District of Washington, and Thomas J.

21
22

Hanlon, Assistant United States Attorney, submits the following sentencing

23

memorandum:

24
25
26
27
28
Government’s Sentencing Memorandum

1

 Case 1:18-cr-02023-SAB

ECF No. 61

PageID.151 Page 2 of 8

I.

1
2

filed 04/05/19

BASE OFFENSE LEVEL AND ENHANCEMENTS

3
4
5

The government believes that the Total Offense Level is 35; Criminal
History Category I, with a guideline imprisonment range of 168-210 months.

6
7
8

II.

9

SENTENCING FACTORS UNDER 18 U.S.C. §3553(a)

10
11
12
13

“The overarching statutory charge for a district court is to “impose a
sentence sufficient, but not greater than necessary” to reflect the seriousness of the
offense, promote respect for the law, and provide just punishment; to afford

14
15

adequate deterrence; to protect the public; and to provide the defendant with

16

needed educational or vocational training, medical care, or other corrections

17
18
19
20

treatment.” United States v. Carty, 520 F.3d 984, 991 (9th Cir. 2008)(en
banc)(quoting 18 U.S.C. § 3553(a) and (a)(2)). “The touchstone of
‘reasonableness’ is whether the record as a whole reflects rational and meaningful

21
22

consideration of the factors enumerated in 18 U.S.C. § 3553(a).” United States v.

23

Ressam, 679 F.3d 1069, 1089 (9th Cir. 2012)(quoting United States v. Tomko, 562

24
25

F.3d 558, 568 (3d Cir. 2009)(en banc).

26
27
28
Government’s Sentencing Memorandum

2

 Case 1:18-cr-02023-SAB

filed 04/05/19

PageID.152 Page 3 of 8

1. The nature and circumstances of the offense and the history and
characteristics of Defendant.

1
2

In late March 2016, Felina Metsker (“Metsker”) was murdered. Metsker had

3
4

ECF No. 61

previously been in a romantic relationship with Donavan Culps (“Donavan”).

5
6

On April 1, 2016, Special Agent P. Orth (“Agent Orth”) of the Federal

7

Bureau of Investigation (“FBI”) and Detective T. Beebe (“Detective Beebe”) of the

8
9
10
11

Yakama Nation Police Department discovered the crime scene. Due to their
observations, it appeared that someone had been shot inside of Metsker’s
residence. Furthermore, it appeared that the body had been dragged out of the

12
13

residence. Metsker’s remains were later discovered in a desolate area near 17500

14

Fort Road, White Swan, Washington.

15

As the investigation progressed, George Skylar Cloud and Neil Cloud were

16
17

identified as suspects in the murder. Donavan arrived at the crime scene after

18

Metsker had been murdered, but before her body was removed. At that time,

19
20

Donavan did not report the crime to law enforcement.

21
22

On April 9, 2016, George Cloud was arrested for an unrelated matter and
placed in the Yakama Nation jail1.

23

On April 17, 2016, Officer Quantrell of the YNPD attempted to stop a

24
25

vehicle due to a missing license plate. The suspect vehicle attempted to elude

26
27
28

police at speeds up to 90 MPH. The driver of the suspect vehicle lost control and
1

Cloud has been in tribal, state, and/or federal confinement since April 9, 2016.

Government’s Sentencing Memorandum

3

 Case 1:18-cr-02023-SAB

ECF No. 61

filed 04/05/19

PageID.153 Page 4 of 8

1

crashed into a pole. Donavan was identified as the driver. Donavan attempted to

2

run away. After a short struggle, Donavan was apprehended. Donavan later

3
4
5
6

admitted that he had thrown a gun during the foot chase. A firearm was
subsequently located and seized. Donavan was placed in the Yakama Nation jail. 2
In late April 2016, while in the Tribal jail, George Cloud allegedly confessed to

7
8

Donavan that he had murdered Metsker. Donavan physically assaulted Cloud after

9

hearing the confession.

10

In August 2017, Tara Cloud contacted the YNPD and reported that Neil

11
12
13

Cloud (“Neil”) was missing. Tara Cloud was aware of rumors that Neil had been
murdered due to his involvement in the murder of Metsker.

14

On or about September 2017, Donavan murdered a male in Cheney,

15
16

Washington. Donavan was subsequently apprehended and confessed to the

17
18
19

murder. Donavan later confessed that he had murdered Neil. Donavan disclosed
the area where he had dumped the victim’s body.

20

On September 18, 2017, a detective with the YNPD found Neil’s

21
22

decomposed body.

23

As the investigation progressed, Special Agent J. Terami (“Agent Terami”)

24
25
26

interviewed the Defendant, Donavan, and additional witnesses. Agent Terami
learned that Cody Spencer, the Defendant, and Neil traveled to 3960 Barkes Road,

27
28

2

Donavan was subsequently charged with being a felon in possession of a firearm. See 1:16-CR-2051-RMP-1.
Donavan was released from federal custody in June 2017.
Government’s Sentencing Memorandum

4

 Case 1:18-cr-02023-SAB

ECF No. 61

filed 04/05/19

PageID.154 Page 5 of 8

1

White Swan, Washington 3. This is the same location where Metsker had been

2

murdered. Donavan ran to the car and began punching Neil though the open car

3
4
5
6

window. The door opened and Neil fell out of the vehicle. Neil attempted to run
away. Donavan began beating Neil. Neil was yelling that he was “sorry.” Due to
the beating, Neil was rendered unconscious. The Defendant went back to his

7
8

vehicle and obtained zip ties. The Defendant walked back to Neil. The Defendant

9

attempted to use the zip ties to restrain Neil. Donavan did not want Neil to escape.

10
11
12
13

Neil was dragged to a location near where Metsker’s trailer had been located. Neil
woke up, was crying, and asked Donavan to stop. Neil stated, “I didn’t do it.”
Donavan began stabbing Neil and slit his throat. After the murder, the Defendant

14
15

and Donavan dug a hole. Neil was placed in the hole. Neil’s body remained in the

16

hole for approximately 4-5 days. The body was later moved and dumped in a

17
18

remote location.
2. The need for the sentence imposed to reflect the seriousness of the
offense, promote respect for the law, and to provide just punishment.

19
20
21
22

The current offense is serious. The government submits that a sentence of
168 months imprisonment, followed by five years of supervised release, will

23
24

promote respect for the law and provide just punishment.

25

3. The need for the sentence imposed to afford adequate deterrence to
criminal conduct.

26
27
28

3

It is unknown if Neil was brought to this residence as part of a plan/scheme, or if it was coincidental.

Government’s Sentencing Memorandum

5

 Case 1:18-cr-02023-SAB

ECF No. 61

filed 04/05/19

PageID.155 Page 6 of 8

1

The Defendant was involved in a serious and violent offense. A reasonable

2

sentence should be imposed to deter the Defendant from again engaging in similar

3
4

conduct.

5
6
7

4. The need for the sentence imposed to protect the public from further
crimes of Defendant.

8
9
10
11

A term of imprisonment is required to protect the public. The Defendant
assisted in restraining the victim so that he could not escape. The Defendant
understood that his role in the murder was to prevent the victim from fleeing. The

12
13
14
15
16

Defendant has demonstrated that he is a danger to the community.
5. The need for the sentence imposed to provide Defendant with needed
educational or vocational training, medical care, or other correctional
treatment in the most effective manner.

17

The Defendant appears to be in need of or substance abuse treatment.

18

Furthermore, the Defendant appears to be in need of additional educational and/or

19
20

vocational skills.

21
22

III.
GOVERNMENT’S SENTENCING RECOMMENDATION

23
24
25

Based upon the facts of the instant case, the government believes that a term
of confinement of 168 months, followed by 5 years of supervised release, is a

26
27

reasonable sentence sufficient, but not greater than necessary, to comply with the

28
Government’s Sentencing Memorandum

6

 Case 1:18-cr-02023-SAB

ECF No. 61

filed 04/05/19

PageID.156 Page 7 of 8

1

purposes set forth in 18 U.S.C. § 3553(a)(2), considering the other factors listed in

2

§ 3553 (a).

3
4
5
6

Respectfully submitted this 5th day of April 2019.

7

JOSEPH H. HARRINGTON
United States Attorney

8
9
10

s\ Thomas J. Hanlon
THOMAS J. HANLON
Assistant United States Attorney

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Government’s Sentencing Memorandum

7

 Case 1:18-cr-02023-SAB

ECF No. 61

filed 04/05/19

PageID.157 Page 8 of 8

1
2
3
4
5
6

I hereby certify that on April 5, 2019, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF which will send notification of such
filing to the following: Troy J. Lee

7
8
9

s\ Thomas J. Hanlon
THOMAS J. HANLON
Assistant United States Attorney
United States Attorney’s Office
402 E. Yakima Ave., Suite 210
Yakima, WA 98901
(509) 454-4425
Fax (509) 249-3297

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Government’s Sentencing Memorandum

8