Murder or accident?

That’s the theme of the trial of Andrew Baim, a Black Diamond resident who killed Nick Valison on Sept. 21, 2023 when Baim ran him over with a stolen truck.

Attorneys gave opening statements the morning of Aug. 11 to both a jury and a packed courtroom. Many were friends and family of Valison, wearing green and occasionally in tears.

Teresa Baim, Baim’s mother, was also attending.

Both the prosecution and defense agreed on many points: that Baim and two associates were dumping illegally in the Ravensdale neighborhood; that Valison approached the three; and that Baim killed Valison.

But the point of contention is intent.

Prosecutor Logan Bryant said there is ample evidence that Baim meant to assault and kill Valison, including the fact he torched the stolen truck afterward.

“He destroyed that truck because he knew exactly what he did,” Bryant said.

Bryant said one of Baim’s associates, Alyssa Montano, told law enforcement and will testify later during the trial that Valison attempted to stop Baim from leaving in the truck by putting his hands on the hood.

In response, Baim revved his engine and inched forward several times.

“And at one point, Mr. Baim makes the decision, rather than just revving the engine, rather [than] just slowly pushing [Nick] out of the way, he makes the decision to put his foot on that gas pedal to get Nick out of his way,” Bryant said. “Nick, tragically… falls and trips backwards. Alyssa is in the pickup truck when that occurs; she could feel it happening.”

A second witness testified that she also heard a revving engine and “screeching tires,” but was not at the scene to see the truck.

“… [T]here’s two ways to commit murder in Washington State. One of them is that you intend to kill someone… another way is that you committed an assault and because of that assault, the result is the victim died,” Bryant told the jury. “Both ways are applicable here.”

Baim’s defense, led by attorney Gilbert Levy, says there is evidence that contradicts Montano’s recollection of events and that Valison’s death was a “tragic accident.”

Levy said Montano, Baim, and the third associate were using fentanyl, possibly altering Montano’s perception of the events leading up to and after Valison’s death.

He also said there is physical evidence that shows Valison was not trying to stop the car from the front, but was actually moving alongside it as Baim attempted to leave the scene when Valison fell to the ground and was ran over. The evidence includes the position of the body on the dirt road, the distance between the stolen U-Haul and where Valison was killed, and the injuries he did and did not receive.

“If things happened the way the prosecutors said that they happened, you would expect to see certain injuries that Mr. Valison sustained, and you don’t see those,” Levy said.

“Sometimes bad things happen to good people — wrong place, wrong time. This is a terrible tragedy,” he continued. “… When it’s all said and done… if you put your emotions aside and put your thinking caps on [and] base your decision on the evidence and not sympathy or prejudice, the inevitable conclusion that you must come to is that this was not an intentional act on the part of my client.”

After opening statements, Valison’s widow, Tanie Valison, took the stand for a short time to describe how the morning progressed for her.

Another neighbor took the stand afterward to testify she heard the revving of the engine; Levy cross-examined her about the position of Valison’s body.

The court then broke for lunch, planning to have more witnesses testify later in the afternoon, including officers and first responders.

The Courier-Herald contacted Tanie and Teresa for comment, but they declined.

Montano is testifying for immunity in this case.