CASE UPDATES: February 2010

Violent Juvenile Faces Adult Prosecution:  State v. Archuleta:  In July of 2009, then 15-year-old defendant Andrew Archuleta was arrested and charged with Attempted First Degree Murder, First Degree Assault, and Unlawful Possession of a Firearm for allegedly shooting two brothers during a gang-related dispute.  Because the defendant was only 15 at the time of the crime, he did not face automatic adult jurisdiction.  Under juvenile jurisdiction, he faced a maximum sentence of just over five years, or just until his 21st birthday, when juvenile jurisdiction expires.  The PAO, however, sought and argued for adult jurisdiction for this defendant based upon the serious nature of the attack and the danger he presented to the community.  The Court agreed with the PAO's argument and granted adult jurisdiction.  In adult court, the defendant now faces a possible sentence of 33 to 41 years for this crime.  This case is currently awaiting trial at the MRJC.  DPAs Julie Kline and Charles Sherer successfully argued for adult jurisdiction in this case.

DV Homicide:  State v. Kim:  Defendant Chan Ok Kim pleaded guilty to Second Degree Murder -- Domestic Violence with a Deadly Weapon Allegation for stabbing his long-time girlfriend to death hours after being served with an anti-harassment order sought by his girlfriend.   The defendant, who is in his 70s, now faces a standard range sentence of up to 20 years in prison when he is sentenced on March 12 at 1:45 pm before Judge Joan DuBuque at the MRJC in Kent.  Senior DPAs Steven Kim and Jimmy Hung handled the prosecution of this case.

Child Rapist Faces Life Sentence:  State v. Loven:  Defendant Russell Loven has been convicted of Rape of a Child in the First, Second and Third Degree, Child Molestation in the Third Degree, Sexual Exploitation of Minor, and Possession of Child Pornography for the repeated sexual abuse of two boys.  Because the defendant has a previous child rape conviction from the early 1990s, for which he served a lengthy prison sentence, he now faces a potential sentence of life in prison under Washington's "Two Sex Strikes And You're Out" law.  DPA Shelby Smith handled the prosecution of this case.

DV Conviction Despite Reluctant Victim:  State v. Power:  Defendant Jeffrey Power was convicted of Second Degree Assault -- Domestic Violence for punching his girlfriend in the face and breaking her eye socket.  After initially cooperating with the police investigation, the victim later became reluctant to testify against the defendant at trial.  DPA Christina Miyamasu used the testimony of the ER doctor who examined the victim on the night of the incident and other circumstantial evidence to prove this case.

Violent Sexual Assault:  State v. Michael Tovar:  Defendant Michael Tovar has been convicted of Second Degree Rape with a Deadly Weapon enhancement for sexually assaulting his girlfriend of one month while armed with a Samurai sword and unlawfully imprisoning her for over six hours during a jealous rage.  The defendant now faces up to 15 years in prison when he is sentenced on April 10 in Judge Brian Gain's courtroom at the MRJC.  Senior DPA Cecelia Gregson and DPA Zac Hostetter handled the prosecution of this case.

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