Man Guilty In Everett Rail Death

EVERETT - From the first police interview, Dale Schwab Jr.'s story changed and changed.

The Marysville man, convicted yesterday in Snohomish County Superior Court of second-degree murder, first said the death of transient Ernest Sena was an accident, caused when Sena rolled in the path of a train during a fight with Schwab's friend, Aaron Beymer, 17.

Later he blamed Sena's Dec. 23 death squarely on Beymer, saying Beymer kicked and beat Sena unconscious, then placed his body on the Everett railroad tracks and covered it with carpet scraps while Schwab screamed at him to stop.

Still later, Schwab admitted he helped beat up Sena, 38. Inmates testified Schwab, 27, claimed he actually killed the homeless man.

But in the end, Snohomish County Superior Court jurors apparently believed the version of events Beymer told on the witness stand - that Beymer acted alone when he dragged Sena onto the Burlington Northern Santa Fe tracks and an oncoming train severed Sena's body.

The three-woman, nine-man jury, which began deliberating Tuesday, returned its verdict yesterday shortly after asking to listen again to an audio tape of a Dec. 30 police interview with Schwab. On that tape, Schwab described in detail a scenario in which Beymer alone beat and killed Sena. But he also conjectured that jail inmates in whom he confided might tell a different story.

Deputy Prosecutor Craig Matheson, who had sought a first-degree murder conviction, yesterday said he'll seek the maximum standard sentence of 24 1/2 years. Schwab's sentencing is scheduled for Aug. 27.

Beymer two months ago accepted a plea bargain that reduced his charge from second-degree murder to first-degree manslaughter. In so doing, he agreed to testify against Schwab. Matheson has said he'll seek an eight-year sentence for Beymer.

Schwab also was offered a plea-bargain agreement involving a first-degree manslaughter charge. But because of his extensive criminal history, which includes felony convictions for robbery and car theft plus 22 juvenile convictions, he faced a 16-year prison sentence.

Schwab never took the stand during his trial.

Instead, the jury heard from Beymer.

"Beymer testified that Schwab helped beat (Sena) unconscious," Matheson said, after the verdict. "The two of them went through his pockets, his coat, and took off his socks, looking for hidden drugs and money. . . . Beymer and Schwab said, `There's nothing we can do' " as the train approached.

Beymer testified both he and Schwab had been drinking heavily prior to the 6 a.m. killing. Beymer also had taken psychedelic drugs that night, while Schwab had taken psychedelic mushrooms the previous day, Matheson said.

Soon after Sena's death, Schwab was charged with murder. Beymer wasn't arrested until Jan. 6, when Oregon railroad authorities found him on a train headed for California.

The motive for the killing was unclear. Schwab's early statements to police focused on Beymer's rage over discovering Sena asleep in Beymer's sleeping gear beneath the Broadway underpass.

Other testimony suggested the beating began when Sena threatened Schwab's dog.