Jury Deliberating Case of Man Charged With Killing Swindler

Nobody suspected that the mutilated body found along Mount Baldy Road in San Bernardino County on July 27, 1985, was convicted swindler Arthur Lee Evans of Cowan Heights. At least not until two days later, when Evans’ employee and roommate, Philip Dean Fry, walked into the sheriff’s office with a tale about Evans killing a burglar and then disappearing.

A Superior Court jury will begin deliberations today in the murder case against Fry, 35, in Evans’ shooting death, weighing three questions: Did Fry shoot Evans five times, was it premeditated, and was the headless body found on Mount Baldy Road indeed that of 34-year-old Arthur Evans?

Fry’s trial before Superior Court Judge David G. Sills has lasted seven weeks, with much of that time spent on medical evidence to determine whether Evans was indeed the victim.

Fry’s attorney, Michael T. Wayland, insisted on referring to the Mount Baldy Road corpse as the “John Doe carcass.” But Deputy Dist. Atty. Richard King came up with considerable evidence that the victim was indeed Arthur Evans: matching body hair color, X-rays, height and weight and even a laundry tag on the victim’s shirt that matched a laundry receipt found among Evans’ possessions.

Evans was convicted in 1984 of bilking at least $2 million from investors in an insurance scheme.

No one knew Evans was missing at first. Then Fry told Sheriff’s Department investigators that Evans had killed a burglar who had broken into their home in the Cowan Heights area north of Tustin. Fry also told police that Evans forced him to drive him to the Mexican border because Evans feared police would not accept his explanation of the burglar’s death.

Police investigators said they quickly discounted the burglar story because of inconsistent statements from Fry. He was later arrested after police determined to their satisfaction that the Mount Baldy Road corpse was Evans.

The body, found by hikers, had been shot five times and was missing its head, hands and feet. The clothing was burned, except for the laundry tag on the shirt.

“I know you are waiting to hear what I’ve got to say about that laundry tag,” defense attorney Wayland told jurors three different times in his closing arguments Tuesday. But he never followed up with an explanation.

Deputy Dist. Atty. King would not let it rest.

“Maybe I was out to lunch, but just how did he explain the laundry tag?” King asked the jurors.

Wayland did concede to jurors in his closing arguments that Fry had made up the story about taking Evans to the Mexican border and about the burglar. But Wayland speculated that Fry made up the story not to cover up a murder but to cover up the fact that he had stolen Evans’ furniture and sold it. The prosecution theory is that Fry made up the burglary story to explain how blood was found in Evans’ home and truck.

Wayland insisted that Fry had no motive to murder Evans. Fry had “a cushy job” in Evans’ insurance and mortgage business, Wayland argued, that would end if Evans was dead.

Prosecutor King argued, however, that Fry knew that Evans was about to fire him and kick him out of his house and that Fry wanted to get his hands on some of the money Evans had taken from investors.

A saw that police believe may have been used to decapitate Evans was found in Fry’s room. Also found at the Cowan Heights house was an anatomy book with pages missing that discuss the neck area. Prosecutors said that bullet fragments taken from the corpse belonged to the same type of gun that Fry was known to have owned.

Prosecutor King told the jury that evidence points to a possible second person being involved in the killing. King cautioned jurors that they were not to consider what the role of the possible other person may have been. However, no one else has been arrested, and King has declined to discuss the matter outside the courtroom.