Two Sylva men charged with conspiracy to commit murder

By Carey Phillips and Lisa Majors-Duff

The indictments, which list the intended victims as Rule and Nancy Creech, are related to a Jan. 18 incident in which someone tried to set fire to Rule's Drury Lane residence. Her body was discovered in the same house some two and a half weeks later.

Duls, a senior at Smoky Mountain High School, and Buckley are next door neighbors on Allen Street. They live a short distance from Rule's home.

Duls was taken into custody Monday and is being held under $300,000 bond. Buckley turned himself in Wednesday morning.

Appearing before Judge James Downs Wednesday morning on a 96-hour hearing, Duls asked the court to appoint him an attorney. He also asked the court to reduce his bond to no more than $50,000.

"This young man is a senior in high school," said Sylva attorney Raymond Large, who made a limited appearance on Duls' behalf Wednesday. "The most compelling argument I have is that he's presumed innocent, and that because of this excess bond he won't be able to graduate from high school. I don't see that as a plus."

Speaking for the state, Assistant District Attorney Monica Leslie said the community would not be safe if Duls were released from jail.

"The defendant did this because he was a customer of Lynn Rule's," Leslie said. "He bought powder cocaine from her, and when he didn't have the money, she fronted him drugs.

"There was a lot of bad blood between Josh Duls and Lynn Rule over the money he owed her," said Leslie. "She cut his drug supply off, and then two weeks later she was found stabbed to death."

Duls has had "every opportunity to run away," Large told the judge. "The purpose of bond is to have him come to court, not to punish him."

On the witness stand, Duls' father, Sylva attorney Graham Duls, said he would be willing to take on the responsibility of making sure Josh adheres to a curfew and any other measures the court deems necessary should his bond be reduced and he is released from jail.

"He is completely out of his father's control," Leslie said. "The night of the incident was a week night, and he was out at 2 a.m."

"Just because he was not well watched on Jan. 18 doesn't mean he can't be," Large countered. "We've given the court adequate evidence that he will be supervised. If he's not, the jail will still be there."

Downs deferred a decision on bond reduction for Duls until a similar hearing can be held for Buckley. That hearing is set for 10 a.m. today (Thursday) at the Jackson County Justice Center.

Creech, who was living in the house with Rule, moved out shortly after the Jan. 18 incident due to concern for her safety, Sylva Police Chief Jeff Jamison said.

"It's amazing the house did not catch fire and kill both the women living there," Leslie said. "Both defendants admitted to doing this in interviews with the SBI. Now Nancy Creech is terrified for her safety."

Creech was one of two people who discovered Rule's body on Feb. 5 when she returned to the house to retrieve some belongings, Jamison said.

An autopsy showed Rule died of numerous stab wounds to the torso and neck. A weapon possibly used in the stabbing was recovered at the scene.

In the Jan. 18 incident, an accelerant was thrown on the house and lit setting it on fire, Jamison said. Rule put the fire out herself and did not call the fire department, he said.

Although Rule reported the fire to law enforcement authorities, it was through the investigation of the homicide that led to Duls and Buckley being charged, said Jamison.

Rather than classify Duls and Buckley as suspects in the murder, the police chief said they were "candidates for closer examination."

"What, if anything, the fire had to do with the events of the weekend of Feb. 2 is still under investigation," Jamison said.

While the body was discovered Feb. 5, the date of death is not known for sure. Rule is believed to have been alive at about 10 p.m. Saturday, Feb. 3.

Everyone known to have had a relationship with Rule has been under scrutiny, said Jamison, who described Duls and Buckley as friends of Rule who frequented her house.

"There has been some indication of narcotic activity going on between the victim and those charged," the police chief said.

The only item in the house that has not been accounted for is a rifle, according to Jamison. He said he did not know if the rifle was taken at the time of the murder.

Records at the Jackson County Clerk of Court's office show Buckley with convictions of two counts of breaking and entering and larceny. Duls has received a deferred prosecution on a charge of larceny.

Back to Archive: 03/08/01.