Isabella Warren
(Update: Adding video, comments from family)
BEND, Ore. (KTVZ) — Previously excluded evidence has been ruled admissible in a Bend murder trial by the Oregon Supreme Court. The trial of Randall Kilby in the fatal assault of Daphne Banks has been delayed for years, though he’s already serving a life term for killing two roommates with a hatchet.
The evidence includes police police questioning where Kilby allegedly admitted to hitting Banks, resulting in her death in the hospital days later.
It’s a sign of some relief for Lacie and Rio Killian, the daughters of Daphne Banks.
Rio said, “I feel like this whole last year, I’ve had a lot of heavy weight on my shoulders. It’s finally been lifted with this news. “
Her other daughter, Lacie, said, “We’re going to have to relive our mother’s murder all these years later. So yes, this was the best outcome. Is it the easiest outcome? I don’t think so. It’s going to be a very difficult and long road ahead of us. “
The police questioning was part of a separate investigation into the murders of brothers-in-law Jeffrey Taylor, 66, and Benjamin Taylor, 69. Kilby was already sentenced to life in prison without parole for the hatchet killings of his two roommates.
In 2023, presiding Crook and Jefferson counties Circuit Judge Annette Hillman issued a ruling, barring some of Kilby’s statements to police as unusable.
Both parties agreed to have Hillman rule jointly on defense motions to suppress Kilby’s statements in both cases because, the judge wrote, “the arguments and evidence were similar in both cases and defendant’s statements were made during the same interview” with Bend Police Sgts. Whitney Dickson and James Kinsella.
Dickson said she had intended to focus the interview on the Taylors’ deaths, but Hillman noted that officers did question Kilby about Banks’ death.
Prosecutors claimed the statements should be allowed in both cases, as there had been no formal charges filed in either case when the five-hour interview was conducted, although Kilby had been arrested as a suspect in the Taylors’ killings and was read his Miranda rights against self-incrimination.
Deschutes County District Attorney Steve Gunnels recently confirmed to KTVZ News, “The (state) Supreme Court ruled that we can use Mr. Kilby’s statements as evidence against him in a trial regarding the murder of Daphne Banks. Those statements had previously been ruled inadmissible.”
Deputy DA Aaron Brenneman told us a status hearing originally set for last Friday has been delayed, pending formal signing of the ruling by the Supreme Court.
Bend police were informed about a 43-year-old Bend woman who sustained a life-threatening injury earlier in the morning and was taken to St. Charles Bend, where she remained in critical condition, Sgt. Cindy Ksenzulak said at the time.
Officers were told the injury appeared suspicious, and they began an investigation at the home where it occurred, in the 60000 block of Granite Drive.
At the time, people in the home, including Randall Kilby, said the woman had fallen and hit her head, the sergeant said.
Now, Banks’ family hopes the decision will bring them one step closer to justice.
“I don’t even feel like I’ve been able to grieve my mom’s death,” Lacie said. “It’s just been like a stage where there’s been no progress.”
Rio added, “I’m ready for closure on it all, too.”
Daphne Banks and her daughters (family photo)
Oregon Supreme Court ruling – Randall KilbyDownload
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