Slaying victim Rachel Burkheimer was sexually assaulted

EVERETT — Five men and a juvenile charged in connection with Rachel Burkheimer's abduction and slaying will have their blood drawn and hair samples taken to determine whether any of them sexually assaulted the 18-year-old Marysville woman, a Snohomish County Superior Court judge ruled yesterday.

Deputy Prosecutor Julie Twito told the judge that an autopsy indicated Burkheimer suffered some sort of sexual assault, but it's not obvious whether she was raped.

Burkheimer was bound, gagged and driven to a remote area outside of Gold Bar and shot to death on Sept. 23, according to police and prosecutors.

Yesterday marked the first time prosecutors indicated the woman had been sexually assaulted.

Anderson, of Mukilteo, and John Whitaker, 22, of Everett, have been charged with aggravated first-degree murder — a charge that could allow prosecutors to seek the death penalty.

Prosecutors have until May to decide whether they will pursue capital punishment.

Anderson's former roommate, Yusef Jihad, 32, has been charged with first-degree murder. Police believe Burkheimer was beaten inside Jihad's South Everett garage on the day of her death.

Jeff Barth, 22, Jihad's next-door neighbor, and Tony Williams, 20, the cousin of Jihad's girlfriend, have both been charged with first-degree kidnapping.

Prosecutors are not seeking a specimen from Lovelace because police do not think he was at Jihad's house when Burkheimer was bound and gagged, nor do they think he went to the Gold Bar grave site.

Anderson, Whitaker, Williams, Rivas and Durham have agreed to the blood draws.

Barth was the only defendant to fight the DNA request made by prosecutors but was unsuccessful.

Judge Larry McKeeman told Barth it was his obligation to comply with the blood draw.

McKeeman allowed Jihad a week to decide whether or not to volunteer a DNA submission. Jihad's attorney is new to the case and needs time to review the more than 2,000 pages of evidence collected by prosecutors.

Jennifer Sullivan: 425-783-0604 or jensullivan@seattletimes.com.