New evidence prompts mistrial in killing of U.S. senator’s nephew

SPOKANE (AP) — The discovery of new evidence prompted a judge to declare a mistrial in the prosecution of a Spokane man charged with killing the nephew of U.S. Sen. Jon Tester of Montana in a sword attack, a newspaper reported.

Court records show a sheriff’s detective found a text message in the case file while preparing to give testimony that had not been turned over to the defense, the Spokesman-Review in Spokane reported Friday.

John A. Radavich, 24, has pleaded not guilty to killing Robert J. Tester, 35, the senator’s nephew, in the 2016 attack at the younger Tester’s home in Spangle. Prosecutors have said Radavich was seeking revenge because he believed Tester had assaulted a 17-year-old girl that he had dated.

Prosecutors didn’t object to the motion for a mistrial by defense attorney Douglas Pierce on April 11 but the reasons for the motion had remained unclear until now. A new trial is set for August.

According to court records, Tester’s daughter, who was 8 at the time, called her grandmother on Sept. 6, 2016, to say that a man she didn’t know had broken into their home and killed her father.

Spokane County deputies arrived to find a blood trail leading from Tester’s bedroom throughout the house. Tester had suffered multiple blunt-force and stab wounds, including a blow to the back of his head by a firewood-splitting maul.

The case remained unsolved until Radavich called a friend on Dec. 26, 2016, according to court records.