By Josh Margolis
HAVRE, Mont. (NMB) – Jesse Shane Valdez of Havre, who admitted to murdering 57-year-old Gordon Wayne Cochran in the Hill County Detention Center in 2019, was sentenced on Friday to 100 years with the Montana State Prison, with 20 years suspended.
There will be no parole restriction and Valdez will receive credit for 867 days of time served. No restitution was ordered, as none had been requested. All fines and fees were waived due to Valdez’ inability to pay.
Valdez is expected to have to complete numerous programs, including chemical dependency and mental health treatment and anger management, in order to be considered for parole.
Valdez, who was 24 at the time, was sentenced by District Court Judge Ashley Harada after pleading guilty to deliberate homicide in December.
Valdez admitted to attacking and killing Cochran in a fight on November, 17th, 2019. At both the change of plea and sentencing hearings, Valdez said he didn’t intend to kill Cochran, but was trying to injure him.
Everyone at Friday’s sentencing hearing attended in person at the Hill County Courthouse, except for the Court Administrator, who appeared virtually.
The hearing lasted about 90 minutes, including a brief recess of no more than 15 minutes prior to the sentence being handed down.
The Prosecution’s Witnesses
Content Advisory: Some descriptions contained in the remainder of this article are graphic in nature.
Since the only witness the defense team of Jay Reno and Amanda Gordon planned to call on was Valdez, the prosecution, led by Assistant Attorney General Stephanie Robles of the Montana Department of Justice, called their witnesses first.
Witness No. 1
The first of two witnesses was Noah Scott, an Agent with the Department of Criminal Investigations at the state Department of Justice.
Scott was one of two Agents that were called in from Great Falls to investigate the incident, with the other being Scott’s colleague, Bruce McDermott.
Scott said he was called to the Hill County Detention Center on the night of the incident by Havre Police and Hill County Sheriffs, and along with McDermott, was responsible for processing the crime scene.
Scott observed the victim at the emergency department of Northern Montana Hospital, and also spoke with all parties that were witnesses to the incident and relevant law enforcement personnel.
Scott says before the fatal fight, witnesses observed that Valdez seemed to be “looking for a fight,” was acting like a “tough guy” and was specifically keyed in on Cochran, who was an elder and was considered vulnerable. Scott later said witnesses also described Valdez as acting like a “gangster.”
Scott also spoke with another inmate who had a request granted prior to the murder to move to another pod because he had been harassed by Valdez.
Scott says the fatal fight, which he described as “a brutal assault,” was actually the second physical altercation between Valdez and Cochran that day.
Scott says according to Valdez, Cochran called him a “pussy” before the first fight.
The second fight occurred a few hours later, and began shortly after Valdez said he offered Cochran a glass of water and some ibuprofen.
There was no video surveillance of the incident and law enforcement was only notified when other inmates in the pod hit the intercom to alert dispatch.
Scott says Valdez and witnesses told him that the reason Valdez appeared to have a problem with Cochran is he believed Cochran was related to Alaynna Gray, the person that was responsible for the death of his sister, Kyla Valdez. However, Cochran was of no relation to Valdez.
Scott says other inmates told him that Valdez had been requesting ‘papers’ of inmates, including Cochran, to see the reason each person was in jail.
Scott says that according to the investigation, Cochran was injured by having his head slammed against a wall and the steel bunk, being stabbed with a sharpened spork, having his face stomped on while his face was on the floor, and by being strangled via chokehold. Valdez also attempted to use the arm of an eyeglass of an inmate to stab Cochran, but was unsuccessful in doing so because the arm was bent.
Scott says Valdez claimed Cochran started the fight, but this was not corroborated by any other inmates. The inmates Scott spoke with said Cochran was considered “friendly” and an “elder.”
Scott says Valdez told him that he wished to walk away, but didn’t end up doing so.
Scott presented 19 photographs to the Court that were admitted as evidence exhibits. The photographs were of the cell where the incident took place, of Cochran’s body from a postmortem examination, and of Valdez.
Injuries Scott observed on Cochran included a gaping wound to his head, puncture marks on his throat, neck and chin, puncture wounds throughout his face, a contusion on his chin bone, an evulsion on his forehead, and hemorrhaging in his eyes, which is consistent with being strangled.
Scott says that while Cochran was clearly “beaten badly,” none of the injuries on Valdez indicate that he was assaulted.
A photograph of Valdez’ hands used as evidence showed blood on his nails and cuticles and a contusion on his knuckles. Valdez also had a small bruise inside his upper lip and an injury to his right shoulder.
Scott says when he interviewed Valdez shortly after the incident, he was “animated and worked up,” and a toxicology report showed he was under the influence of THC and meth.
Scott says the autopsy on Cochran determined that the cause of death was blunt force trauma to the head and strangulation, with the manner of death being homicide.
According to witnesses and the prosecution, when inmates noticed what was going on, Valdez locked himself and Cochran in the cell so the other inmates could not intervene.
Witness No. 2
The other witness called by the prosecution was Hannah Bailey, a Department of Corrections Probation and Parole Officer who wrote the Pre-Sentence Investigation.
Harada lauded Bailey’s PSI, which she said was “of a caliber” not often seen in Yellowstone County, where she normally hears cases.
Bailey said that this was just another PSI for her, and that she is always thorough in her work.
Bailey said that she took on Valdez’ caseload in September 2019, and that he had an extensive criminal history, starting back in September 2015 with a partner/family member assault charge that ended up being deferred.
In 2017, Valdez was charged with three counts of endangering the welfare of children. This sentence was also deferred.
Also in 2017, Valdez was charged with another count of partner/family member assault, and as a part of his sentence, was required to complete violence intervention counseling and chemical dependency treatment. However, Bailey says she has no records that indicate the violence intervention counseling was ever completed.
Also in 2017, Valdez was charged with felony aggravated assault because of a fight that sent the victim to the hospital. Valdez was given a three year deferred sentence in that case. A sentence could still be re-imposed, but the defense at Friday’s sentencing suggested that due to the long length of time that Valdez will now be spending in prison, it may end up being dismissed.
The incident that led to the arrest of Valdez just days prior to the murder of Cochran saw Valdez charged with felony burglary, and criminal mischief and trespassing.
The status hearings on these cases is currently scheduled for May 9th, and the transfer of Valdez from Hill County to the Montana State Prison may be delayed until the cases are resolved.
Bailey says a risk assessment showed that Valdez scored at a high risk of reoffending and should undergo treatment and enroll in anger management. Bailey said the state prison does have these programs available.
On cross-examination, Bailey said that there was a period of just under a year – from December 2018 to October 2019 – where Valdez did well under supervision and was maintaining sobriety.
Bailey also said that Valdez was “cooperative and forthcoming” during the completion of the PSI and would benefit from chemical dependency and mental health treatment.
Sentencing Recommendations
The prosecution provided their sentencing recommendations first, advocating for 100 years in the Montana State Prison, with no restrictions on parole and no time suspended.
Robles called the incident a “savage beating” of a “vulnerable victim” that occurred due to a “needless set of circumstances.”
Robles said if paroled or put on probation, all conditions outlined in the sentencing memorandum should apply.
Robles said the defendant had been given many second chances in the past, but has proven to be a repeat violent offender, adding that ensuring he remains in prison would keep the community safe.
Robles said that even though Valdez mind frame and lack of sobriety during the incident may have had an impact, he shouldn’t get a pass for that and Valdez knew what he was doing.
The defense recommended a 60-year sentence with the Montana State Prison, with 40-years suspended, and a 20 year parole restriction on the years that are not suspended.
They argued that this would be a sufficient punishment that would also give Valdez hope, as he has ambitions of attending college, getting a degree, and making something of himself.
The defense said that Valdez has proven he is okay when sober and when his mental health is in check, but that his family upbringing being “chaotic” “abusive” and unstable has contributed to his struggles.
They ended their reasoning for the recommendation by saying that Valdez has taken responsibility for the incident and didn’t mean to kill Cochran.
Valdez Speaks
At this point, Valdez was given the opportunity to speak.
He talked briefly, saying he hopes that one day, the Cochran family can forgive him. He said he is sincerely sorry and didn’t mean to kill Cochran, adding that he has found God since the incident but “had to protect myself” in the moment.
Valdez said he is not “a monster” like some people make him out do be and argued that the jail was “uncontrolled” at the time, which he says contributed to the incident.
Valdez said he thinks about the incident every day and has nightmares about what he did.
At this point, the hearing went into recess while Harada prepared her sentencing remarks.
Harada’s Sentence
Near the start of her remarks, Harada said she “appreciates everyone’s thoughtful arguments,” adding that there was no doubt Valdez had a traumatic upbringing, but that in no way excuses what happened and his criminal record is extensive and includes several convictions for violent offenses.
Harada acknowledged that Valdez did do well for nearly a year while on probation, so he has the possibility in the “distant future” of doing well, but needs “lots of help,” including anger management and chemical dependency and mental health treatment.
Harada said that two lives were lost, in her opinion, on the day of the incident, as Cochran saw his life come to an end and Valdez saw his life forever altered.
Harada called Valdez’ apology “certainly scripted,” but that she would “like to think it was sincere,” and believes Valdez regrets his decision-making on the day of the murder.
Harada called the evidence “gruesome and horrifying,” which Valdez nodded in agreement to, which Harada said indicates he knows the damage he’s caused and that the Cochran family has no ability to become whole again.
Harada said Valdez’ future depends on how he spends his time in incarceration, but her responsibility includes protecting the community, so he could spend the rest of his life in jail if he makes another mistake.
Harada noted that Cochran was vulnerable due to his age, and there was no justification for repeatedly attacking him. She said she wishes Valdez had just walked away like he apparently told law enforcement he wished to do.
Harada said she is very worried that choices Valdez makes in his future could harm others, and hopes there are no infractions in prison.
When it comes to Valdez’ claim that the incident was an “accident,” Harada did not buy that reasoning, saying he “intended to fight and lost control,” and even if supervision at the Detention Center was inadequate, Valdez is still responsible for his actions and it had no bearing on the incident.
Harada says that when Valdez went back to Cochran to fight the second time, he showed more anger and aggression and that he will “forever be responsible” for his death.
Harada then handed down the sentence, which deviated from both recommendations. She said the prosecution may be right, but she wanted to suspend some of Valdez’ sentence to allow him to understand he can have a future if he makes the right decisions in prison.
Harada called this a “carrot and stick approach,” where if she gives Valdez an opportunity, he may try harder to turn his life around, and that suspending a portion of the sentence in no way diminish the seriousness of what happened.
Harada said that Valdez should be able to empathize with the Cochran family because he has also lost a family member to senseless violence.
The reason for no parole restriction cited by Harada was that she believes the parole board is more than capable of making a determination.
If ever released, Harada says Valdez will be subject to a litany of conditions.
Before adjourning, Harada offered her “sincerest condolences” to the Cochran family and told Valdez that now is his chance to turn things around.
