Washington state - Turmoil as murder convictions vacated

[Tiassa]

Source: Seattle Post-Intelligencer
Link: http://seattlepi.nwsource.com/local/200344_murder19.html
Title: "State's high court tosses out 13 murder convictions"
Date: November 19, 2004

This is what happens when you aren't careful about due process:

The state's highest court threw out 13 murder convictions yesterday in a much-anticipated ruling that opened the door for many other prisoners locked up on "felony murder" charges -- possibly hundreds -- to get their convictions overturned as well.

The ruling was a crushing but not wholly unexpected blow to murder victims' relatives, and it left prosecutors across the state facing the prospect of retrying homicide cases or having to accept pleas that could set at least a few prisoners free.

Defense attorneys, meanwhile, said the ruling corrects an unfair situation in which many people are serving prison time for what the state Supreme Court deemed "a non-existent crime."

Yesterday's ruling was the latest fallout from a controversial decision in 2002, when justices ruled that murder charges didn't apply when an assault resulted in an unintended death.

Seattle P-I

King County (Seattle), Washington alone counts 99 convicted murderers who could see their convictions vacated, including 10 who beat infants to death, 18 who killed children, and two who killed police officers. The statewide estimate reaches 300 convictions that may be affected.

Nor are these convicts off the hook; most, if not all, will be retried on charges deemed more appropriate.

Some might be tried for murder again if prosecutors think that they can prove intent or that some other felony besides assault was committed.

If not -- and intent to kill might be especially hard to prove in fatal child beatings -- prosecutors might be left to pursue manslaughter charges.

In some of those potential manslaughter cases, the defendants have already served the maximum sentence, which was only 10 years before a 1997 change in the law.

Seattle P-I

The problem stems from the authoring of the law:

Under the state's felony-murder law, someone can be charged with murder, even if the person didn't intend to kill, if a lesser felony such as rape or robbery also was committed. Before the 2002 ruling, prosecutors used assault as one of those felonies.

After the court's 2002 ruling, state lawmakers quickly reworked the felony-murder law to make it clear that murder charges could be based on an assault, even if the defendant didn't mean to kill anyone.

Prosecutors are now free to file charges that way.

Seattle P-I

Thirteen convictions were immediately vacated by Thursday's decision in the Washington Supreme Court:

Audencio Chavez fired about 10 shots in a gang-related drive-by shooting Sept. 10, 1993, in King County, killing 15-year-old Emerson Swain. A jury convicted him, and he was sentenced to almost 14 years in prison.

Nathaniel Haux and several others beat to death John Bock using a bottle and a heavy chain in Spokane County on Sept. 12, 1998. Bock died the next day. Haux was found guilty and sentenced to 10 years in prison.

Jesse Hinton fatally shot Eric Dent in the arm and chest on a Pierce County street July 29, 1996, after approaching him to buy crack cocaine. Hinton pleaded guilty and was sentenced to more than 16 years in prison.

Jovia Martin shot fatally Anthony Hefa in the parking lot of a 7-Eleven store in King County on Jan. 28, 1994. A jury found him guilty, and he was sentenced to 16 years in prison.

Miguel Martinez and another man chased down Siiuta Niumata, threw him to the ground, then beat and stabbed him after an alcohol-fueled argument early Jan. 8, 1994, in King County. Martinez pleaded guilty and got almost 14 years in prison.

Samuel Matamua and two friends attacked Curtis Walden as he was walking home in Algona on Nov. 30, 1997, beating him unconscious. Walden died more than three months later. Matamua pleaded guilty when the assault charge was amended to second-degree murder, and he was sentenced to more than 18 years in prison.

Vance McGee assaulted Charles French and forced him over a railing, causing a fatal 12-foot fall, on Dec. 23, 1994, in King County. He was found guilty and sentenced to almost 19 years in prison.

Aljeron Pleasant and two other men went to Alonzo Buckner's Federal Way apartment, allegedly to rob him, on Sept. 20, 1996, and Buckner was shot to death. Pleasant was convicted of first-degree murder, got a new trial when his accomplice claimed he was the shooter and ultimately pleaded guilty to second-degree murder, robbery and attempted robbery. He was sentenced to 20 years.

Mitchell Royce beat and shook to death Brandon Lindsay, 2, in Clark County and was charged with murder on Feb. 2, 1996. He pleaded guilty and was sentenced to 20 years.

Sean Schaffer shot John Magee five times on April 10, 1993, on a crowded street outside a Seattle nightclub after an argument. He was found guilty of second-degree murder and successfully appealed but was convicted by another jury. He got 16 years in prison.

Jason Twyman and another man beat Joey Levick and left him along the highway in Burien on June 2, 1994. Levick drowned in a shallow drainage ditch. A jury found Twyman guilty, and he was sentenced to 25 years in prison.

Robert Chong Wiggins shot at a car full of people on Oct. 15, 1995, killing teenager Donald Wickenhagen in Thurston County. He was convicted of several charges, including felony murder, and sentenced to almost 30 years in prison.

Oliver Wright shot Greg Cameron three times April 5, 1993, in King County after a failed drug deal. Wright was found guilty and was sentenced to 24 years for second-degree murder, although he got another 20 years for two assault charges.

Seattle P-I

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Notes:

• I am unable at this time to locate the text of the court's decision, nor the text of the the law in question. I'll keep looking.

Johnson, Tracy. "State's high court tosses out 13 murder convictions". Seattle Post-Intelligencer, November 19, 2004. See http://seattlepi.nwsource.com/local/200344_murder19.html​

See Also -

Office of the King County Prosecuting Attorney. "Court Ruling Blocks Felony Murder in Some Cases". October 24, 2002. See http://www.metrokc.gov/proatty/news/2002/Ruling.htm​